The number of prisoners on federal death row has decreased from 40 to three following President Biden's commutation of the sentences of 37 individuals previously facing the death penalty.
In a statement, President Biden indicated that maintaining three individuals on death row aligns with his stance against the death penalty, except in cases involving terrorism and hate-motivated mass murder.
This situation raises the possibility that President-elect Donald J. Trump, who executed 13 individuals during his first term, may carry out executions for the remaining three men if he returns to office. Additionally, the Justice Department under President Biden is pursuing the death penalty against the gunman responsible for a racist mass shooting in Buffalo, New York, in 2022, potentially adding him to the small group still on federal death row.
The three men remaining on death row are:
Dylann Roof, 30, was convicted of hate crimes for the 2015 killings of nine Black parishioners in a Charleston church. A federal jury sentenced Roof to death in 2017, despite his admission of guilt and an offer to plead guilty in exchange for a life sentence. The Justice Department sought the death penalty against the wishes of survivors and many victims' relatives. Roof's appeals regarding his mental competency and legal representation have been rejected. He is currently incarcerated at the federal prison in Terre Haute, Indiana.
Robert Bowers, 52, was convicted of hate crimes for the 2018 murder of 11 worshipers at a Pittsburgh synagogue, marking the deadliest antisemitic attack in U.S. history. A federal jury sentenced Bowers to death last year, the first death sentence under the Biden administration. Although he offered to plead guilty for a life sentence, the government declined the deal. Bowers' defense centered on claims of schizophrenia and a troubled childhood, but prosecutors emphasized his premeditated actions and antisemitic writings. Most victims' families supported the death penalty decision. Bowers is also held at the federal prison in Terre Haute.
Dzhokhar Tsarnaev, 31, was convicted for his role in the 2013 Boston Marathon bombings, which resulted in three deaths and numerous injuries. Tsarnaev, who planted bombs with his brother Tamerlan, was sentenced to death in 2015. His death sentence was overturned in 2020 but reinstated by the U.S. Supreme Court in 2022. Tamerlan Tsarnaev died in a police shootout, during which he was also accidentally run over by Dzhokhar. He is currently held at a federal prison in Florence, Colorado.