Friday, October 7th 2022, 10:24 pm
Advocates are asking for mercy ahead of death row inmate Richard Fairchild's clemency hearing.
The advocates, members of the Oklahoma Coalition to Abolish the Death Penalty, said Fairchild's original attorneys didn't do their job and kept important evidence from the jury.
Fairchild's attorney now believes if the jury then knew he has brain damage they might have given him a lesser sentence.
“Richie Fairchild's life would have been spared had trial counsel simply done his job," said Fairchild's attorney, Emma Rolls.
Fairchild was first put on death row 26 years ago for Fairchild killing his girlfriend's 3-year-old son, Adam Broomhall in 1993.
"Adam cried even more, and Richie threw Adam toward the kitchen where he landed his head on the concrete floor, the fatal blow," said Reverend and Chair of the OK-CADP.
His attorney then said Fairchild's trial attorney kept a crucial piece of information from the jury.
"His trial attorney had in his hand a report from a psychiatrist diagnosing Mr. Fairchild with organic brain damage." She added, "Mr. Fairchild's attorney instead told the jury that Richie's behavior was explained by the fact that he was simply a mean drunk."
The Oklahoma Coalition to Abolish the Death Penalty said his history of head injuries is to blame. As a teen, Fairchild bare knuckle boxed without head protection and had several more incidents of head trauma as an adult.
"Frontal lobe damage which affects impulse control is directly related to the crime in this case," said Rolls. She continued, "so when you look at sports figures that's been diagnosed with CTE (Chronic Traumatic Encephalopathy) post-mortem, Richie's behavior and Richie's deterioration over the years mirrors those."
CTE can only be diagnosed after death. Rolls also said Fairchild has paranoid delusions and has been diagnosed with a mental illness related to schizophrenia. Injuries coupled with a "deprived childhood," and his current mental state is why Rolls said she's hopeful the Pardon and Parole Board will recommend to spare his life.
"Based on the 10th Circuit Court of appeals opinion in Richie's case that had the issue of trial council's failures had been raised appropriately in state courts he would have likely received relief," Rolls explained.
Richard Fairchild's clemency hearing is scheduled for 9 a.m. on Wednesday, Oct. 12.
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