Office of Governor Brad Henry
State of Oklahoma
State of Oklahoma
State Capitol - Oklahoma City OK 73105
(405) 521-2342
(405) 521-2342
Gov. Henry asks for review of Weatherly case
October 30, 2009
(Oklahoma City) Gov. Brad Henry announced today that he is asking the Pardon and Parole Board to review the case of former state inmate Gene Weatherly to determine if the Oklahoma man was innocent and can qualify to have his record expunged under state law.
Weatherly, citing the discrediting of forensic evidence used in his trial, had asked the governor to make such a determination and erase a 1984 jury verdict convicting him of assault with intent to kill.
The governor, who granted a pardon to Weatherly in 2007, said he was unable to render a definitive finding of innocence with the information at his disposal. He said the Pardon and Parole Board, which conducts investigations and holds parole hearings, may be better equipped to handle the job.
“Given the history of the case, particularly the discredited forensic evidence, I certainly agree there are legitimate doubts about the conviction. That is one of the reasons I granted a pardon for Mr. Weatherly,” said Gov. Henry.
“However, I did not feel the information before me definitively proved that the jury was wrong or that the conviction was based solely on the discredited forensic evidence. It is my hope that the Pardon and Parole Board can make more headway in this case with its investigative abilities and hearing process.”
In 1984, an Oklahoma County jury convicted Weatherly of stabbing a woman and sentenced him to 40 years in prison. Weatherly, however, steadfastly maintained his innocence, and after he served his sentence and was released from prison in 2002, the FBI determined that forensic evidenced used in his trial to convict him was flawed.
Weatherly contends the FBI finding and other information prove his innocence, but prosecutors have stood behind the guilty verdict, citing the victim’s courtroom testimony and other evidence.
Weatherly, citing the discrediting of forensic evidence used in his trial, had asked the governor to make such a determination and erase a 1984 jury verdict convicting him of assault with intent to kill.
The governor, who granted a pardon to Weatherly in 2007, said he was unable to render a definitive finding of innocence with the information at his disposal. He said the Pardon and Parole Board, which conducts investigations and holds parole hearings, may be better equipped to handle the job.
“Given the history of the case, particularly the discredited forensic evidence, I certainly agree there are legitimate doubts about the conviction. That is one of the reasons I granted a pardon for Mr. Weatherly,” said Gov. Henry.
“However, I did not feel the information before me definitively proved that the jury was wrong or that the conviction was based solely on the discredited forensic evidence. It is my hope that the Pardon and Parole Board can make more headway in this case with its investigative abilities and hearing process.”
In 1984, an Oklahoma County jury convicted Weatherly of stabbing a woman and sentenced him to 40 years in prison. Weatherly, however, steadfastly maintained his innocence, and after he served his sentence and was released from prison in 2002, the FBI determined that forensic evidenced used in his trial to convict him was flawed.
Weatherly contends the FBI finding and other information prove his innocence, but prosecutors have stood behind the guilty verdict, citing the victim’s courtroom testimony and other evidence.