Kaine clears path for execution of former military intelligence officer

Gov. Timothy M. Kaine (D) on Tuesday rejected clemency for Larry "Bill" Elliott, a former military intelligence officer who killed a Woodbridge couple in their home in 2001, paving the way for his execution at 9 p.m. Tuesday.

Elliott was twice convicted of killing Robert Finch, 30, and Dana Thrall, 25, who were shot several times in their townhouse. Prosecutors argued that Elliott was obsessed with Finch's ex-girlfriend and that Elliott killed him as a way to win her over. Thrall, who was living with Finch, walked in on his slaying and was then beaten and killed.

A first jury's verdict and recommendation for a death sentence were thrown out after defense attorneys discovered juror misconduct. A second jury reached the same conclusion.

During the sentencing phase at the second trial, Elliott cried as he blamed his capital murder conviction on "lies" told in the courtroom and "Gestapo tactics" on the part of police detectives, and he criticized "holes as big as a truck" in the case. The former Army counterintelligence officer from Hanover said he felt sorrow for the families of the victims, but he denied any role in their deaths. "It is not humanly possible for me to have done the things I was accused of," Elliott, now 61, said.

Elliott said earlier in a jailhouse interview that he never even met the victims and never stepped foot in their Jouster's Way home. Elliott didn't testify at trial.

Kaine wasn't swayed and decided Tuesday to allow the execution to go forward. "Having carefully reviewed the petition for clemency and judicial opinions regarding this case, I find no compelling reason to set aside the sentence that was recommended by the jury and then imposed and affirmed by the courts," Kaine said in a statement. "Accordingly, I decline to intervene."

The U.S. Supreme Court already rejected Elliott's request for a stay. Elliott is out of options and is scheduled to be electrocuted Tuesday night.

Elliott chose the electric chair over lethal injection.

Source: Washington Post Staff Writer,Tuesday, November 17, 2009