08 February 2022 :

Gerald Pizzuto’s death sentence reduced to life in prison by an Idaho district court judge Friday — a ruling with far-reaching implications for the state after the judge found Gov. Brad Little has no power to reject a clemency recommendation in murder cases under the Idaho Constitution.
In a legal challenge over Little’s decision, Judge Jay Gaskill, of Nez Perce County, ruled that the Idaho Commission of Pardons and Parole is the only body with the authority to commute an inmate’s sentence stemming from a murder conviction. The governor, meanwhile, possesses final say on cases of treason and impeachment.
In December, the Republican governor denied the parole board’s recommendation — made in a 4-3 vote — to reduce Pizzuto’s sentence to life in prison. Gaskill referred to a constitutional amendment in the 1980s regarding clemency, and concluded that the governor was never granted such overarching power. “There is no indication that the founders or the people of the state of Idaho in 1986 intended to give the governor the ultimate decision-making authority with respect to whether a death sentence should be commuted,” Gaskill wrote. “This court finds that the commission’s power to issue commutations applies to all cases of offenses against the state except treason or conviction on impeachment.”
Under the action, the death sentence of Pizzuto, 66, who is terminally ill with late-stage bladder cancer, was dropped to life in prison without the chance of parole. Gaskill’s ruling prevents the state from issuing a death warrant to execute Pizzuto, who has been on Idaho’s death row since 1986. He has avoided execution three times since his conviction, most recently with the issuance of his last death warrant in May.
The Federal Defender Services of Idaho, the nonprofit that represents Pizzuto, applauded Gaskill’s decision. “We are grateful that the court upheld the just and merciful decision by the parole commission to let Jerry Pizzuto die in prison,” Deborah Czuba, supervising attorney of the nonprofit’s unit that oversees death penalty cases, said in a written statement. “As the court recognized, the Idaho Constitution wisely leaves commutation decisions to the commissioners, who the governor appoints based on their judgment and expertise in such matters. The people of Idaho have not given the governor the power to interfere in the commutation process, and as the court found, he acted illegally here. “We hope the state will now do the right thing and finally allow a dying man to pass away of natural causes in prison, rather than continuing to fight for an unnecessary execution through costly litigation at taxpayer expense,” Czuba added.
Little’s office said Friday in a written statement that he will challenge the ruling, which is expected to be filed with the Idaho Supreme Court.
Pizzuto was convicted of the summer 1985 murders of Berta Herndon and her nephew Del Herndon at a remote Idaho County cabin. He has sat on Idaho death row ever since.

Idaho judge sides with convicted murderer in clemency ruling | Idaho Statesman