One final safety net will remain if clemency application for Ronald Smith fails
A legal challenge of Montana's death penalty policy will remain in effect even as lawyers for Canadian Ron Smith seek clemency from Gov. Brian Schweitzer later this year.
Smith, who is facing execution for killing two young Montana men in 1982, will likely have a clemency hearing as early as this spring.
The American Civil Liberties Union launched a civil lawsuit on Smith's behalf in 2008 arguing that Montana's execution process amounts to cruel and unusual punishment.
Lawyer Ron Waterman said the next hearing in the lawsuit is scheduled for September, which should be after the clemency process for Smith has occurred.
He said it will remain as a safety net for the former Alberta resident if the appeal for clemency is unsuccessful.
Smith, who is now 54, has exhausted all other legal appeals.
http://www.winnipegfreepress.com/can...136825368.html
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