Alabama AG opposes clemency ahead of execution: ‘Victims are the people I keep in mind’
Jeffery Lee is scheduled to be executed by nitrogen hypoxia on Thursday.
Mason Reed 
Alabama Attorney General Steve Marshall has declared his firm opposition to any clemency for Jeffery Lee, who is scheduled for execution by nitrogen hypoxia this Thursday. As of late Monday, it remained unclear if a formal clemency request had been submitted to Gov. Kay Ivey on Lee's behalf.
The Case Against Jeffery Lee
Lee, 49, is set to be executed for the 1998 murders of Jimmy Ellis and Elaine Thompson during a pawn shop robbery in Dallas County. In addition to the murders, he was convicted of the attempted murder of Helen King. While the Governor's office confirmed to 205focus.com that plans for the execution are moving forward, the case remains a subject of intense debate due to the sentencing history involved.
Judicial Override and Legal Controversy
The core of the opposition to Lee’s death sentence lies in the jury's original 7-5 vote for life imprisonment without parole. A judge ultimately overrode that jury decision, a practice now banned in Alabama. While Gov. Ivey signed the ban into law in 2017, the legislation does not apply retroactively to cases that went to trial before its enactment.
Retired Brig. Gen. Carlton Fisher, a former chaplain for the Federal Bureau of Prisons, recently argued in a recent op-ed that the failure to apply this law retroactively unfairly determines Lee's fate. Organizations like the Catholic Mobilizing Network are advocating for clemency, citing the jury's original intent as a reason for reconsideration.
A Pattern of Executive Clemency
Lee's upcoming execution echoes the 2024 case of Kenneth Eugene Smith, who was also sentenced to death via judicial override. Despite past tensions between the Attorney General and the Governor over executive mercy, Ivey has granted clemency in two previous instances during her tenure.
In February 2025, Ivey granted clemency to Robin Rocky Myers, noting doubts about his guilt. More recently, in March 2026, Ivey commuted the sentence of Charles Lee “Sonny” Burton, who was sentenced to death for a 1991 murder despite not being the triggerman.
The Attorney General’s Stance
Marshall remains resolute, emphasizing that the focus should remain on the victims rather than the perpetrator. In his statement, the Attorney General criticized groups seeking to amplify Lee's voice, asserting that his focus remains on the lives and futures of Jimmy Ellis and Elaine Thompson. Marshall argued that failing to carry out the court-imposed sentence is a disservice to the victims and their families.
