James Dwight Pavatt was sentenced to death for the 2001 fatal shooting of Robert Andrew.
Pavatt’s defense presented the concerns with uncertainty over who actually fired the fatal shot — Pavatt, or his co-defendant and the wife of Robert Andrew, Brenda Andrew— and included a statement from the trial foreman who has expressed his worries about the use of the death penalty in this situation.
The defense also claimed Pavatt’s military service was not emphasized enough during his trial.
Oklahoma Attorney General Gentner Drummond was present with the state and said military service does not excuse murder.
The state further argued the trial prosecution presented the co-defendants as equally guilty, and the jury chose the death penalty knowing it could have been either of them who fired the fatal shot.
Andrew’s family was not present for the hearing, but the state said the family supports the execution.
Finally, Pavatt spoke to the board from the Oklahoma State Penitentiary in McAlester. He confirmed he was having an affair with Brenda and says they fled to Mexico with the Andrew children because they understood the nature of their relationship would make them suspects in the murder. He still maintains his innocence.
Pavatt’s execution date is set for Nov. 12.
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