Clemency Themes: We are presenting 3 major grounds for Mercy/ Clemency.

First, due to the unique circumstances, Don faces an execution even though it is unclear what conduct he is being executed for. Even his jurors say they did not know who inflicted the abuse causing Shane’s death. This was expressed both in their split verdict and recent Affidavits submitted.

Second, it is unfair Ms. Coffman received a life sentence while Don is executed, when the overwhelming evidence points to Ms. Coffman as the “committer” and Don the “permitter.” This result is distressing to certain jurors, who denounce their death verdict in light of Ms. Coffman’s sentence. Two jurors say they’d be “relieved” if Don’s death sentence was commuted to life. Id.

Third, Don’s involvement in the offense is likely attributable in great part to his profound brain damage suffered from a near fatal 1993 auto accident. The accident resulted in loss of 25% to 33% of the functioning of his brain. A mentally impaired Mr. Gilson walked into a deeply dysfunctional situation which he was simply not equipped to handle. The mitigating evidence of his permanent brain impairment was never presented to his sentencing jury.