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One of Smith’s lawyers, Don Vernay, wasn’t sure why the government sent the second letter to Schweitzer. No one in Baird’s office was available for comment.

“They just wanted to, I guess, put their two cents in which didn’t really say too much, did it? It’s the same lukewarm letter,” Vernay said in an interview with The Canadian Press on Monday.

“I guess they just want to go on the record because they’re probably like everybody else wondering what’s going on here? ‘We should make sure we get on the record just to appease the masses in Canada who are against the death penalty.'”

The Montana Board of Pardons and Parole recommended against granting clemency to Smith. The matter is now in the hands of Schweitzer, a two-term Democrat, who is to officially leave office in a matter of weeks.

Schweitzer hasn’t commented since the clemency hearing, but earlier indicated he didn’t want to leave a decision up to his successor. He did talk about death penalty cases in an interview with The Canadian Press last year.

“You’re not talking to a governor who is jubilant about these things,” he said from his office in Helena. “It feels like you’re carrying more than the weight of an Angus bull on your shoulders.”

It feels like you’re carrying more than the weight of an Angus bull on your shoulders

Vernay said he remains hopeful, but is disappointed that Schweitzer still hasn’t met personally with Smith.

“I hope that he gets a chance to meet Mr. Smith before he does decide whether to uphold the recommendation of the board,” Vernay said.