Execution date set for convicted killer James Pavatt
By Jason Burger
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OKLAHOMA CITY, Oklahoma (KOCO) — An execution date has been set for James Pavatt, one of the two people convicted of murdering Rob Andrew in 2001.
Brenda Andrew, who was the second person convicted of the murder, is the only woman on Oklahoma’s death row. Defense attorneys said her case plays a big role in their effort to stop the execution of Pavatt, arguing there was never enough proof presented in the last 25 years showing that Pavatt was the shooter.
“There’s absolutely no credible evidence that Jim shot and killed Rob Andrew, and that’s what he’s under a sentence of death for,” said Hunter Labovitz, the lead attorney and an assistant federal defender.
In a court filing Thursday, the Oklahoma Court of Appeals set Pavatt’s execution date for Nov. 12. But his own attorneys said there was never enough evidence presented showing that he deserves that punishment. His attorneys cited Brenda Andrew’s trial, as well.
“The last thing they told the jury was that the last thing Rob Andrew saw was his wife standing over him with a rifle about to shoot him again,” Labovitz said.
Rob Andrew was shot and killed in 2001. He and his estranged wife, Brenda Andrew, were separated and going through a divorce when Brenda Andrew began a romantic relationship with Pavatt, who was a life insurance agent at the time and helped Rob Andrew get an $800,000 policy.
“They’ll say Jim was having an affair with Brenda before the crime. Again, we don’t dispute that, but how does that prove that Jim was present at the crime scene, and shot and killed Rob Andrew?” Labovitz said.
Prosecutors argued that Brenda Andrew and Pavatt conspired to kill Rob Andrew so his estranged wife could benefit from the policy.
“The state will say that Jim helped Brenda Andrew go to Mexico with her children after Mr. Andrew was killed—we don’t dispute that. What we dispute is where was Jim the night in question?” Labovitz said.
Before the murder, an Oklahoma City detective took a report from Rob Andrew about how his car brakes were cut and that he believed Pavatt and Brenda Andrew were involved.
“They said at her trial, Brenda’s trial, the evidence is clear that she is the shooter. They just never bothered to tell Jim’s jury that,” Labovitz said.
Both of them eventually were convicted of the murder.
Now, attorneys are focusing on getting clemency for Pavatt, but they have less than a month to do that.
“Primarily, we’re focused on a clemency application to the Pardon and Parole Board, which is due Sept. 18,” Labovitz said.
KOCO reached out to members of Rob Andrew’s family but did not hear back.
The Oklahoma Pardon and Parole Board will have the chance to recommend clemency for Pavatt on Oct. 14.
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