Friday will see the execution of a death row inmate in South Carolina. This comes days after a key prosecution witness came out to claim he lied during the trial, leading to the state’s decision to execute an innocent man.
The scheduled execution time for 46-year-old Khalil Divine Black Sun Allah is 6 o’clock in the afternoon. New evidence suggests he was unfairly convicted, and his attorneys have filed emergency applications to delay the trial this week. However, on Thursday, the state’s highest court decided that the execution may go ahead as scheduled.
Allah, whose real name is Freddie Owens, has one final chance at a clemency decision from the Republican governor of the state. The governor has promised to make an announcement about the matter immediately before the execution is scheduled to begin.
There may be a spate of executions in South Carolina in the next months, with Allah’s death being the first capital punishment in 13 years.
A representative from the Columbia jail system announced that Allah would be executed in the Broad River institution with three members of the media present. Allah rejected the state’s proposed execution method—a firing squad, electrocution, or death injection—on the grounds that it contradicted his Muslim beliefs and amounted to suicide. On his behalf, his lawyers decided on a fatal injection.
In November 1997, Allah was found guilty of the armed robbery and murder of Irene Graves, a cashier at a convenience store. At the moment, he was nineteen years old. During the heist, 41-year-old Graves—a mother of three—was shot in the head. A long time ago, Allah claimed his innocence.
At the time of the shooting, prosecutors did not have any forensic evidence linking Allah to it. The store’s surveillance footage revealed two unidentified males armed with masks.
Steven Golden, a friend of Allah’s and a co-defendant in the robbery and murder charges, testified as the state’s case rested. In a guilty plea and an agreement to testify against Allah, Golden admitted to murder, armed robbery, and criminal conspiracy as their joint trial commenced. According to Golden, who was 18 years old during the heist, Allah shot Graves.
But in a shocking statement that Golden signed on Wednesday—two days before the execution—he recanted his testimony, claiming that Allah “is not the person who shot Irene Graves” and “was not present” during the heist. In his statement, Golden claimed that he was under the influence of drugs when the police interrogated him following the heist and that he was coerced into pinning the robbery on Allah.
In his writing, he confessed that he had hidden the identity of the “real shooter” because he was afraid that “his associates might kill me” and that he had replaced the “real shooter” with Allah. He refrained from naming this individual.
According to Golden, he consented to plead guilty and give his testimony after prosecutors secretly promised him he would avoid a life sentence or the death penalty in exchange for his cooperation. The jury was unaware of this bargain.
The fresh affidavit he filed expressed his desire to prevent Allah’s execution for an act he did not commit. “I just want to be free of this guilt; it’s been plaguing my thoughts.”
On Thursday, the state’s top prosecutor responded, implying that Golden’s latest statement lacked credibility and did not necessitate a new trial. On top of that, Allah allegedly confessed to the shooting to his mother and girlfriend, which the state’s lawyers claimed was additional proof of his guilt. The “jilted former girlfriend” claimed that Allah confessed, but Allah’s attorneys denied the accusation and argued that his mother had “disavowed” a statement that the police had gotten her to sign implying otherwise.
At Thursday’s court hearing, Allah’s attorneys argued that the state of South Carolina should not be executed for a crime that their client did not commit.
No reaction was given by the attorney general’s office. The highest court in the state agreed with the AG and said that the fresh proof did not constitute “exceptional circumstances” that would justify a release, implying that other evidence proved Allah’s guilt.
In recent weeks, Allah’s legal team has also contended that his conviction did not warrant the death penalty. Despite the jury not finding him guilty of first degree murder, they nonetheless judged him guilty of the crime. The prosecution informed the jury that they may find him guilty of murder if they thought he was there during the heist. Executions for murders in which the condemned did not take part are extremely unusual.
He was diagnosed with brain impairment and underwent a childhood of terrible violence, according to his lawyers. And Allah would be one of South Carolina’s most recent capital executions, having been one of the state’s youngest inmates at the time of the crime.
Executions in South Carolina have been a thing of the past since 2011. South Carolina implemented a shield law last year to disguise the identity of suppliers and has since purchased pentobarbital, a sedative, after pharmaceutical companies ceased selling lethal injection medications to the state in response to mounting outrage.
Five executions will be scheduled by the state supreme court after Allah, with a minimum of 35 days between each one, according to an announcement made last month.
As stated by the Reverend Hillary Taylor, who is the executive director of South Carolinians for Alternatives to the Death Penalty, “the death penalty is not given to the ‘worst of the worst,’ it is given to the people who are least able to represent themselves in court,” in reference to Allah’s flawed case. Taylor made this statement on Thursday. What a blatant injustice.
No one should have to perish because of Khalil’s transgressions. “That is not accountability,” she said.
In a Thursday interview, Graves’s daughter Ensley Graves-Lee expressed her dismay at fresh developments in the case and how much it had affected her family to have their tragedy brought back into the spotlight in recent weeks.
Graves-Lee expressed empathy for the opposing side, saying, “I understand that it is probably difficult for the other side, and I’m sure they would do anything to save someone they love.” Graves-Lee was 10 years old when her mother was slain. Every time something bad has happened, I have to tell myself that I didn’t have a say. Before the verdict came down, I was 12 years old, and I was 10 years old when she passed away. In the case of the death penalty, I was completely powerless. Also, she mentioned that she was getting ready for a funeral. After this, I’m not sure what happens; for now, all I can do is go past the part that was predetermined for me.
Graves-Lee expressed her desire for her mother to be remembered for her selfless dedication to her three children, who she supported with her three retail jobs until her passing. According to her, her mother worked extra jobs so that she and her brother could participate in gymnastics and dance. “I have no doubt that she had aspirations for herself, but she prioritized us above all else. She never said no to our requests to participate in sports or other activities.”
She also remembered her parents taking them mountain-view house-hunting when they were little, so they could imagine themselves living the dream. Her old coworkers at a Kmart received the presents she had bought for her children before she passed away on November 1st, but she had already finished buying for Christmas.
It breaks my heart that my mom can’t be here. Because of our circumstances, we were both diminished. Unfortunately, my grandkids do not have a grandmother. She never got to witness the maturation of her offspring. Graves-Lee asserted that it was unjust to her. “I pray that she finds peace after tomorrow as well.”
