This story was first published by Idaho Reports on Jan. 29, 2024.

The Idaho Commission of Pardons and Parole on Monday denied a commutation recommendation for Thomas Creech, the state’s longest-serving man on death row.

After hearing arguments on the commutation request on Jan. 19, the commission voted 3-3 on whether to grant a commutation recommendation. A tie-vote means the request is denied.

Commissioner Patrick McDonald recused himself from Creech’s hearing. McDonald would have been the tie-breaking vote.

Creech’s attorneys asked that his death sentence be commuted to life in prison without parole, saying Creech is a changed man. Without a recommendation from the seven-person commission, the governor cannot commute Creech’s death sentence.

Creech, 73, has been on death row since 1983 for the beating death of fellow inmate David Jensen in 1981. Jensen is the fifth murder conviction on Creech’s record.

“This decision was not based on any doubt or question about Mr. Creech’s guilt or the horrific nature of his crime,” wrote the three commissioners who supported the commutation. “The commissioners do not believe Mr. Creech is worthy of mercy, but that the discretion of the commission allows for grace to be given even when undeserved. While the commissioners noted a possibility that Mr. Creech has changed in the years since his crime and considered his current age and health, this decision was not based on the actions and conduct of Mr. Creech.”

The three who supported the commutation also pointed to the capital punishment law that has changed since Creech was sentenced to death. A judge handed down that sentence; now, a jury is involved when determining if a person’s crime should be punishable by death.

The three commissioners who voted against the commutation wrote they did not believe Mr. Creech was worthy of mercy.

“This decision was based on the coldblooded nature of David Dale Jensen’s murder and the sheer number of victims that Mr. Creech has created over his lifetime, which shows that he does not place value on human life, other than his own,” they wrote.

Creech accused, convicted in other murder cases

At the time of Jensen’s death, Creech was already incarcerated for the 1974 murders of Edward T. Arnold and John Wayne Bradford in Valley County. Creech also had prior convictions related to the earlier murders in Oregon and California.

Much of the hearing held Jan. 19 focused on testimony Creech has told police in the past about other killings for which he was never convicted.

“Thomas Creech has admitted to killing or participating in the killing of at least 26 people,” the U.S. Supreme Court noted in 1993. “The bodies of 11 of his victims — who were shot, stabbed, beaten, or strangled to death — have been recovered in seven states.”

Emotional commutation hearing held for Idaho’s longest-serving man on death row

His counsel argued the numbers have been inflated over time and to focus only on the convictions.

When directly asked exactly how many people he had killed, Creech could not, or would not, say.

“Mr. Creech was not interested in telling the truth about his additional crimes and violent history and was reluctant and unwilling to completely disclose the number of people he has killed,” wrote the three commissioners who voted against recommending commutation. “Further, the commission believes that Mr. Creech is not capable of true remorse and would take another life if it benefitted him. He has shown he can still manipulate others to get what he wants. The commission believes that the Jensen family would not receive justice if Mr. Creech received clemency, and above all else that they deserve closure in this case.”

When the commission granted Creech a hearing, the judge who signed his last death warrant agreed to stay, or pause, his execution. That stay is now in jeopardy.

Deborah Czuba, supervising attorney for the Capital Habeas Unit of the Federal Defender Services of Idaho issued a statement following the announcement Monday.

Creech attorney: ‘our fight is far from over’

“We are grateful that half of the commissioners chose grace over vengeance for Tom Creech,” Czuba wrote. “We believe the split vote clearly reflects the undeniable fact that Tom has made a remarkable turnaround during his 50 years in prison, becoming a deeply remorseful, compassionate and harmless old man who has wide support for clemency across the prison ranks and even from the judge who sentenced him. We are hopeful that the governor will still find a way to favor life and grant clemency. Either way, our fight is far from over and we will continue to do everything we can to spare Tom an execution.”

Creech is still scheduled to go before the Idaho Supreme Court on Feb. 5 for hearings on an ineffective assistance by counsel claim. He’s also challenging his death sentence from 1995. At the time, judges could impose a death penalty. Today, a jury is involved in determining whether a crime should be punished by death. He’s asking that his case be remanded back to the district court.

Following the announcement from the commission, Gov. Brad Little issued a statement.

“As governor, my job is to follow the law and ensure that lawful criminal sentences are carried out,” Little said through a press release. “Thomas Creech is a convicted serial killer responsible for acts of extreme violence. Our court system convicted Creech, and he was lawfully sentenced to death. As governor, I have zero intention of taking any action that would halt or delay Creech’s execution. His lawful and just sentence must be carried out as ordered by the court. Justice has been delayed long enough.”

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