became involved in the case. Starr is pro-capital punishment and has stated that: ... the death penalty has to be administered with the utmost caution and reserved for the gravest offenses. This is not that kind of case. Robin Lovitt maintains his innocence, and evidence that might prove his innocence has been destroyed. I'm very distressed by that. ... Society had better be absolutely certain before they put someone to death who is maintaining his innocence. I feel very passionately about that. The Supreme Court of Virginia, the U.S. District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit have all denied his appeals for overturning his conviction since the evidence has been destroyed. The 4th Circuit Court of Appeals said they would only overturn if it could be shown that McCarthy acted in "bad faith." His execution was originally scheduled for July 11, 2005, but was stayed by the Supreme Court of the United States to give themselves more time to consider his appeal. They decided not to hear the case again, resulting in a new execution date of November 30, 2005 being set. Little more than 24 hours before the execution Governor Mark R. Warner commuted Lovitt's sentence to life in prison without parole. He said that the destruction of evidence was improper and: ... The actions of an agent of the Commonwealth, in a manner contrary to the express direction of the law, comes at the expense of a defendant facing society's most severe and final sanction. ... The commonwealth must ensure that every time this ultimate sanction is carried out, it is done fairly. It was the first time Warner had granted clemency during his governorship. It was revealed during the penalty phase of the trial that Lovitt had been charged with assault and placed in protective supervision at age of 11 in October 1975. Then in August 1979 he was charged with burglary and larceny. Between 1983 and the murder he was convicted multiple times of larceny, burglary and possession of marijuana and cocaine. As of December 2022, Robin Lovitt is incarcerated at the Buckingham Correctional Center. His Virginia inmate identification number is 1171821. See also Capital punishment in Virginia Capital punishment in the United States References Report from National Coalition to Abolish the Death Penalty Lovitt v. Warden opinion from the Supreme Court of Virginia