by TChris

Ken Starr was unsuccessful in his effort to persuade the Supreme Court to review the conviction and death sentence imposed on Robin Lovitt (TalkLeft background here). Among other reasons to review the case: initial DNA tests were inconclusive, but a court clerk destroyed all the evidence after Lovitt was sentenced, making additional testing impossible.

Under the circumstances, this editorial sensibly argues that Lovitt should not be executed:

Virginia officials now want to schedule Lovitt's execution for Nov. 30. But after sending Earl Washington Jr. to death row for a rape and murder he did not commit, the commonwealth has an even greater responsibility to make sure its own procedures are flawless before it puts anyone to death. Supreme Court or not, deliberate destruction of evidence falls far short of any reasonable threshhold.

Gov. Mark Warner, who so far has not commuted any of the 11 death sentences carried out on his watch, should sign the clemency order this time.