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NO. 97-10

WHEREAS, William Theodore Boliek, Jr. (Boliek) is currently under a sentence of death and incarcerated at the Potosi Correctional Facility awaiting execution of said sentence which is currently secheduled to occur on August 27, 1997; and

WHEREAS, Boliek has submitted an Petition for Clemency; and

WHEREAS, Section 552.070, RSMo, provides that "the Governor may, in his discretion, appoint a board of inquiry whose duty it shall be to gather information, whether or not admissible in a court of law, bearing upon whether or not a person condemned to death should be executed or ... whether the person's sentence should be commuted."; and

WHEREAS, Article IV, Section 7 of the Missouri Constitution profices that "The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper...".

NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by the powers vested in me by the Constitution and the laws of the State of Missouri do hereby order a stay of execution for William Theodore Boliek, Jr. until such time as I make a final determination as to whether or not Boliek should be granted clemency. I will also appoint a Board of Inquiry pursuant to Section 552.070, RSMo, to report and make a recommendation to me as to whether or not Boliek should be executed or his sentence of death commuted.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 25th day of August, 1997.

[Mel Carnahan's signature]


[Rebecca McDowell Cook's signature]

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