John Allen Muhammad, the D.C. Sniper, will die tonight as scheduled for one of the 10 murders he and a young accomplice committed during a killing spree that terrorized the Washington area for three weeks in October 2002. Gov. Tim Kaine declined to intervene today, one day after the U.S. Supreme Court refused to hear an appeal from Muhammad's lawyers that their client is severely mentally ill and suffers from brain damage caused, in part, by childhood beatings.
Kaine opposes capital punishment, but pledged when he ran for governor that should he be elected, he would uphold Virginia's death penalty law. He stood by his promise.
Kaine allowed at least five other executions besides the one scheduled for tonight. He did commute a death sentence in 2008, that of Percy Walton of Danville, to comply with a Supreme Court ruling that forbids executing inmates too mentally incompetent to understand that they are to die as punishment for crimes they committed. The governor didn't accept a similar plea on behalf of Muhammad.
Put this in the political spin machine, and some might say it comes out as a political calculation: The D.C. Sniper is widely known and just as widely despised. Commuting his sentence would be politically unpopular.
Kaine isn't running for anything, though. I think, as an honorable and very thoughtful man, he weighed each appeal on its own merit, and in each case hewed to the law.