Supreme Court denies Pizzuto’s request for reconsideration
By Ruth Brown, Idaho Reports
The Idaho Supreme Court has denied the request for reconsideration from Gerald Pizzuto Jr., a man on Idaho’s death row.
The request came Tuesday after the Court sided with Gov. Brad Little in August over the denial of Pizzuto’s commutation recommendation.
Attorneys argued Little did not have the authority to deny the commutation recommendation, but justices disagreed.
The denial issued Friday from the court did not include an explanation, but the court is not required to explain its decision.
Pizzuto, 66, remains on death row after being convicted in the 1985 deaths of Berta Herndon and her nephew Delbert Herndon outside of McCall. His two co-defendants, William Odom and James Rice, were given lesser sentences for their roles in the crime.
Deborah Czuba, supervising attorney for the Capital Habeas Unit of the Federal Defender Services of Idaho, issued the following statement Friday afternoon:
“We are disappointed with the decision of the Idaho Supreme Court to deny rehearing on this important issue. There is still time for Gov. Brad Little to accept the recommendation of his parole commissioners and let Mr. Pizzuto die a natural death in prison. If not, our hope is that the State will have enough grace to wait at least until after the Thanksgiving and Christmas season before making Department of Correction employees participate in a needless and traumatizing execution during the holidays. In the meantime, our office remains committed to providing Mr. Pizzuto the best defense and pursuing all legal avenues available for him.”
Pizzuto does have a pending case in federal court and a death warrant had not been issued as of 1 p.m. Friday.