April 24



TEXAS:

To be just, juries require life-without-parole option


In contrast to the achievements about which Texans can be proud, leading
the nation in executions is a distinction the state can do without.

Since the U.S. Supreme Court reinstated the death penalty in 1976, Texas
has put 340 condemned prisoners to death.

The issue is not whether Texas prosecutors and juries should have the
option to put the most heinous criminals to death.

The issue, instead, is that prosecutors too often seek - and juries too
often render - death penalty decisions. One reason they do is that Texas
lacks a true life sentence. Life sentencing currently means the
possibility of parole after 40 years. Bipartisan legislation is poised to
change that.

The Senate has approved, and the House seems prepared to follow, a bill
that would eliminate eligibility for parole in life sentences.

Critics of the measure object to the complete elimination of life with
parole. Legislation that gave juries three options in capital crimes -
death, life without parole and life with parole - might have been better.

There are, however, 446 offenders on death row in Texas. The bill would
allow juries to avoid death sentences yet still be certain capital
offenders will never walk free.

That should appeal to Texans' tough sense of justice while making the
state's leadership in executions a little less exceptional.

(source: Editorial, San Antonio Express-News)

**********************

Judge nixes motion to suppress evidence


During a pre-trial hearing Friday, Sixth District Judge Jim D. Lovett
denied motions by Christopher Cobbs defense attorney aimed at keeping the
prosecution from using statements his client made in the presence of
police investigating the deaths of Cobbs great-grandparents. Cobbs
statements were made on Aug. 30, the day his great-grandparents were found
slain in their Reno home.

Steven Miears of Bonham argued that police investigators arrested Cobb on
a felony theft warrant for taking and pawning rings and other jewelry
belonging to his parents. Their real motive, Miears said, was to implicate
him in the murders of Charley Smith, 89, and Ruth Smith, 88, who were
killed in their home at 3715 Smallwood Road.

Further, Miears argued, the police pursued the theft warrant on their own.
Cobbs parents never at any point told police they wanted to prosecute
their son for taking the jewelry, he said.

Cobb, 22, was subsequently charged with capital murder, based partly on
his statements during questioning.

Sgt. Jeff Springer of the Paris Police Department and Texas Ranger Roger
Lough of Paris testified Friday about their questioning of Cobb. Reno
Police Chief Jess Wilson testified that the Smith residence was first
thought to be in Paris, then was confirmed to be in the Reno city limits.

He said he asked Paris police to keep the lead in the investigation
because he has only four officers in his department, including himself.

Introduced into evidence was a CD of comments Cobb made to his mother over
a recorded telephone line shortly after he was booked at the Lamar County
Jail on capital murder charges.

The judge also denied Miears motion to suppress physical items seized
during the day. Police said a bag containing marijuana was found in his
room, and a plastic bag containing cocaine was found on his person.
Several articles "that had blood stains" were found in Cobbs room in his
parents' house next door to the Smith residence, according to a police
report.

The pretrial hearing went late into the afternoon as Miears also sought to
disqualify Lamar County District Attorney Gary Young from prosecuting the
case because Young represented Cobb in his divorce.

Miears put Young on the stand and questioned him at length on what he knew
about Cobb. Miears argued that it was a conflict of interest for Young to
"seek to kill" a former client, using information he gained during his
representation of him.

The district attorneys office is seeking the death penalty.

Young said most of what he knew about Cobb came in discussions with Cobbs
mother. Young was appointed on a later date to represent Cobb on a
criminal case, but did little work on the case because Cobbs mother didnt
want him on the case, he told Miears.

Young said he had discussed the cases with state officials, who told him
there was no conflict of interest and no reason not to handle the
prosecution of the capital murder trial.

At one point, Miears had Cobb - in an orange Lamar County Jail jumpsuit,
his hands and feet cuffed - stand and confirm that he desired for Young to
hand over to Miears his case files for the two times Young represented
him. Young turned over the divorce files, but said he would have to locate
the other files, if they exist.

The hearing was recessed after 6 p.m. Friday without a ruling on Miears
motion for Young to disqualify himself. Lovett scheduled the hearing to
reopen at 9 a.m. on Friday of next week, to give Miears time to look
through the files of both cases.

Attorneys discussed a trial date and said a time late next fall is likely.
Jury selection alone in a capital murder case can take weeks because
potential jurors are questioned individually.

Originally, a pretrial hearing was scheduled for Friday in the capital
murder case of Michael Davis, 38, who also is represented by Miears. But
the Cobb case took up all the time, and the Davis pretrial arguments will
be heard at a later date.

Davis is accused in the slaying of Marvin Davis, 79, no relation, whose
body was found on Jan. 8, 2004, in the elder mans trailer at Genes Flea
Market in Paris. An indictment alleges Davis strangled the man during a
burglary in which he also robbed him.

(source: Paris News)






TENNESSEE:

With Tennessee's death chamber silent since the Coe execution in 2000,
public debate continues


Tennessee's death row now houses 102 inmates - 100 men and 2 women. All
but a few are housed at Riverbend Maximum Security Prison in Nashville.

When child rapist and murderer Robert Glen Coe was executed by lethal
injection five years ago - the state's first execution in 40 years - some
observers thought the floodgates would open into Tennessee's death
chamber.

That hasn't happened. No one has been executed since in a state that
allows for both lethal injection - Coe's method of execution - and
electrocution.

Opinions are varied on whether Tennessee's execution process is slow in
comparison with other death penalty states, but neighboring Southern
states surpass Tennessee in the number of executions carried out over the
last 29 years, according to the Death Penalty Information Center in
Washington, D.C. The only exception is Kentucky, where there have been
only 2 executions since 1976 and where there are now only 36 inmates on
death row.

While the lengthy stints on death row in Tennessee is arguably long -
Richard Austin, 64, has been on death row 26 years - some believe it's
necessary to prevent the ultimate mistake.

"We're human and we make mistakes," said attorney George Googe, public
defender for the 26th Judicial District. "The long wait is a necessary
evil."

But do the long waits end up costing the state more?

Whether the expense of a death row inmate surpasses that of a regular
inmate is difficult to determine because of varying lengths of sentences
for the non-death row inmate population, said Amanda Sluss, a spokeswoman
for the Tennessee Department of Corrections.

As of June 30, 2004, there were 1,721 individuals serving life sentences -
209 of those serving life without parole, compared to the 102 death row
inmates. The average cost per day to house a regular inmate in state
prison is $50.44 compared to $69.47 a day for a death row inmate. That's a
38 % difference, meaning housing all death row inmates for just 1 year
costs $2.6 million, compared to $1.88 million for the same number of
inmates serving life sentences without parole.

One cost that can't be measured in dollars is the emotional toll for
families waiting to learn the fate of a convicted inmate on death row.

"We don't want another family to go through the length of time in appeals
that we did," said Charlotte Stout, mother of 8-year-old Cary Ann Medlin,
who was murdered by Coe in 1979.

Coe sat on death row for 20 years before being executed in April 2000. For
defense lawyers seeking to have a life spared, time is the ultimate
friend.

"My clients don't have enough time to file (their appeals) because there
are statutes of limitations that force clients to file things before their
lawyer is prepared," said Assistant Federal Public Defender Kelley Henry,
who works in Nashville. "It doesn't need to be rushed."

The state's deliberate death penalty process resonates deeply with Jackson
Police Chief Rick Staples, who supports the state maintaining capital
punishment.

"If the death penalty is carried out," he said, "I believe it could be an
effective deterrent to crime."

Staples vocalized his feelings about the need to use the death penalty in
February as he watched convicted murderer Michael J. Hart accept a plea
agreement that would keep him prison for the rest of his life for the
shooting death of JPD Sgt. Andy Bailey in June 2004.

A 30-year veteran, Bailey was the first officer in 73 years to be killed
in the line of duty. Staples wanted Hart's sentence to be an opportunity
to send a harsh message to criminals that, "if you kill a police officer,
it is an act of terrorism."

The appearance that the number of death sentences is decreasing and the
"long wait" for death row inmates are concerns as well.

"The death penalty should be carried out in a reasonable amount of time,
and if it's not, it should be abolished," Staples said. "But I hope
Tennessee doesn't get rid of it."

Since 1990, 73 people have been sentenced to death in Tennessee,
fluctuating from a high of 10 in 1997 to a low of 1 in 1993. The average
number of death sentences during that 15-year period was about 5 a year.

Last year, 3 people received the death penalty, with 4 such sentences
handed down in each of the 3 years before that. Most recently, Franklin
Fitch received the death penalty in Shelby County for the February 2002
shooting death of a woman.

Condemned killers who committed their crimes during or after January 1999
will be executed by lethal injection unless electrocution is specifically
requested, according to the TDOC.

Prosecutors have to consider numerous factors in determining whether a
case is a death penalty case, said Jerry Woodall, district attorney
general for the 26th Judicial District.

"There's no template that determines whether the death penalty will be
used," Woodall said. "But we examine any aggravating circumstances - if a
violent crime involves a child - and we also consult with the victim's
family."

Woodall said he uses the death penalty sparingly. 2 death row inmates -
Farris Morris and Jon Hall - were sentenced in Madison County in 1997.
Both men have been sitting on death row for more than 6 years with their
cases in the appeals process and will most likely remain tied up in court
for quite some time, said Woodall, prosecutor in both cases.

Across the country, the number of death penalty cases is down by 50
percent and executions have decreased by 40 %, according to the Death
Penalty Information Center in Washington, D.C.

"I think the public is moving away from its support of the death penalty,"
said Richard Dieter, DPIC executive director. "New York, for example, was
the last state to adopt the death penalty in 1995, but the state court
overturned it and a legislative committee killed the bill."

Still ...

"I don't believe there are a whole lot of states lined up to follow New
York," Dieter said.

There are still 38 states with the death penalty in the country and 3,408
condemned prisoners sitting on death row nationwide.

Sparking the ongoing debate about capital punishment are the high-profile
cases across the country that have shown a number of death row inmates to
actually be innocent, causing more and more people to pause when it comes
to executions.

"I'm against the death penalty. I wish I lived in a state where it wasn't
used at all," said Roger Stanley, 46, of Jackson. "I can empathize with
victim's families, but I've been against the death penalty for a long
time. It doesn't make up for the life that is lost, and the state
shouldn't be about the business of killing. There aren't any statistics,
that I'm aware of, that show the death penalty is a deterrent to crime."

But others disagree - strongly.

"The death penalty in this state and nationwide needs an express lane,"
said David Rhodes, 53, of Huron. "There's no need for someone convicted of
1st-degree murder to have 20 years of appeals. I think it's just an
attempt to side-step justice. ... There are no problems with repeat
offenders who are executed."

Three West Tennessee state legislators from both sides of the political
spectrum reflect the still relatively widespread support of the death
penalty in the Volunteer State.

"I support the death penalty in Tennessee, and I've not seen a bill to get
rid of it," said state Rep. Jimmy Eldridge, R-Jackson. "It has not been an
issue."

State Sen. Roy Herron, D-Dresden, supported Charlotte and Mickey Stout
during their 20-year wait for Coe's execution 5 years ago.

"I'm not aware of any anti-death penalty bills under discussion," Herron
said. "All of us who know Charlotte and Mickey Stout have long ached with
them in their unspeakable loss."

However, for state Rep. Johnny Shaw, D-Bolivar, an opinion about the death
penalty must be formed not only from his role as a state legislator, but
also from his role as a minister. It's a role that raises the moral and
spiritual questions that many West Tennesseans wrestle with, whatever
their view of capital punishment.

"Looking at it from Old Testament perspective, there are laws that make us
aware of certain crimes you shouldn't commit and if you do, you're liable
to receive the death penalty," Shaw said. "But when we look at the New
Testament, it's about forgiveness. As a minister, I don't believe in the
death penalty because God has taught us he will avenge for us.

"I honestly think they get more punishment by being locked up rather than
executed."

Local death row cases

Jon Hall was convicted of beating his estranged wife, Billie Hall, to
death in front of her 4 daughters. Her body was found July 1994, floating
in a swimming pool outside of her Lexington home. Hall was sentenced to
death in 1997.

Farris Morris was convicted in the 1994 double murder of Charles Ragland
and 15-year-old Erica Hurd in Jackson. Morris shot Ragland in the head
with a shotgun, then repeatedly stabbed Hurd, who was visiting the home.
Morris also repeatedly raped Ragland's wife, Angela.

Morris, who had been out of jail on bond less than a month for an
aggravated rape charge, lived next door to the Raglands and forced his way
into the home, possibly looking for drugs. He was sentenced to death in
1997.

**********************

Life after the death penalty


At the beginning of Charlotte and Mickey Stout's driveway stand two signs.
One reads "No Trespassing." The other, "For Sale." Though shielded by
large trees and shrubbery, the A-framed home still looks inviting, belying
the air of tragedy that lingers all these years later.

The Stouts have lived here off and on since the abduction and brutal
murder of their daughter, 8-year-old Cary Ann Medlin, just 2 blocks away
in a church parking lot almost 26 years ago.

On a recent Wednesday afternoon, almost five years since her child's
killer was executed, Charlotte Stout is resting in an upstairs bedroom.
Her husband, Mickey, answers the door in his flannel pajamas and talks
with The Jackson Sun about the past 5 years since Tennessee's 1st
execution in 40 years.

Robert Glen Coe was executed by lethal injection on April 19, 2000,
bringing the state's ultimate tool of criminal justice front and center
before the public eye after years of appeals, stays of execution and
vigorous public debate.

The Stouts stand firm on the need for Tennessee's death penalty.

"We've been peaceful since Coe was executed," Charlotte would say by phone
days later, wearied by her ongoing battle with lupus. "We're resting, and
Cary is resting. I feel safer for all of the children because there is one
less person out there trying to hurt them."

Then there's Robert Glen Coe's sister, Bonnie DeShields. There isn't a day
she doesn't think about her brother. It's especially hard this month since
his 49th birthday and the date of his execution are within days of each
other.

"Robert's death was a great injustice, and I don't want him to be
forgotten," DeShields said by phone from her Paris home.

She and her sister, Billie Jean Mayberry, are members of the Murder
Victims Families for Human Rights organization. Why? They joined the group
because they feel the state of Tennessee murdered their brother.

But Jackson resident Gwen Long knows Farris Morris murdered her cousin.
Morris was sentenced to death for the 1994 double murder of her cousin
Charles Ragland and 15-year-old Erica Hurd in Jackson. Morris sits on
death row, likely facing years of appeals.

"He should have been executed a long time ago," Long said.

It's a reflection of 3 families trying to go on with life, linked by
tragedies and searching for closure in different ways. It's a story of
life after the death penalty in Tennessee, five years after the state's
first and only execution in 40 years.

'He'll never hurt another child'

Things have changed in the Stout household since the days of rampant phone
calls from the news media, trips to Nashville to appear before legislators
and Memphis courtrooms.

Charlotte was never able to complete the book she planned to write about
her daughter's life. Diagnosed with lupus, her energy comes and goes.

For the Stouts, time has a way of healing things, but also of reopening
old wounds.

"We're doing fine," Mickey said recently, then quickly qualified the
definition of "fine" in the context of such tragedy. "But there are times
when we're talking to someone when we realize that they're the same age
that Cary would be right now."

Cary was kidnapped, raped and murdered while out riding bikes with her
brother that tragic day in September 1979. She would be 35 years old this
year. And of course, Charlotte has missed out on important mother-daughter
moments, said Mickey, who was Cary's stepfather.

"Other mothers have gone through proms and weddings with their daughters,
and we both think about 'what if?'" he said. "Anytime you go through a
death, it's hard not to."

Every time the story of another child murder victim hits the news, it
gives Mickey a bad feeling. In one recent case grabbing headlines, a
9-year-old Florida girl was raped, bound and buried alive, a convicted sex
offender charged with the crime.

"When Cary was murdered, you didn't see children playing in the streets at
all," he said. "That's all changed now, but when I see groups of children
outside unsupervised, I want to grab parents, shake them and say 'pay
attention' because it only takes a minute (for something to happen to
them)." The Stouts say they will never be against the death penalty, and
it is for that reason, Mickey said, that most people avoid the subject all
together.

"I think they don't want to dredge up bad memories for us."

Their bad memory is waiting 20 years for Coe to be executed for killing
Cary, and not even the idea of a life sentence without the possibility of
parole sits well with them.

"We still think (the death penalty) needs to be there and used when it's
appropriate," Mickey said. "But in this state, it takes way too long once
they've gone through the appeals process. Going through repeated court
appearances puts families and everybody under too much stress.

"I think between seven to 10 years ought to be the maximum for appeals in
death penalty cases," said Mickey, who doesn't agree with people sitting
on death row for numerous years, increasing the potential of their
judgment being reversed one day.

"You hate for another family to have to go through what you have," he
said. "Did Coe's execution bring Cary back? No. But he'll never hurt
another child."

'Killing doesn't stop killing'

Bonnie DeShields is thankful that there have not been any more executions
since her brother's.

"I don't want any people executed, innocent or otherwise," she said by
phone from her Paris home. "They say it gives the victims closure, but it
didn't give our family closure. I don't believe that taking a life makes
anything better. Killing doesn't stop killing."

DeShields, who says she's been under tremendous stress since her brother's
execution, follows the case of Philip Workman, a man convicted of killing
a Memphis police officer and sentenced to death. Workman sits on death row
while his case is in appeals. A stay of execution was issued in his case
in September.

"If they go forth with his execution, then I'll definitely go to Nashville
in protest," DeShields said. "I would protest because of what the death
penalty has done to me and my family. It's not just hurting him - it has
hurt every member of my family."

The public stigma and scrutiny DeShields said she's received from people
when they learn she is Coe's sister still makes her emotional.

"People look at you different when they find out who you are, and it's
very painful because they don't know the whole truth," she said, her voice
crackling with emotion. "There's so much emotional isolation."

DeShields hopes to someday be able to help other people make decisions
against the death penalty. Because of her religious beliefs, DeShields
said she is not angry at the state of Tennessee or the Stouts.

"I would like to talk to Charlotte Stout," DeShields said of the woman she
has never met. "But it probably won't happen. I want to find out if she's
found closure, because I haven't. I wonder if the death penalty is closure
for anyone."

Family awaits justice

Gwen Long searches for closure, too, awaiting a death sentence handed down
against Farris Morris as punishment for his brutal killings.

"It seems like criminals have more rights than anyone else these days,"
Gwen said.

"And I don't understand that," said Mitchell Long, Gwen's husband.

Mitchell was close to Charles Ragland. The t2 men played sports together.
He called Ragland a "good person."

"I don't like to talk about it because it makes me upset," he said. "But I
believe if you take a life, then your life should be taken. It doesn't
make sense for someone to sit on death row this long and all they do are
push-ups, receive medical benefits and meals."

Long doesn't agree with some defense attorneys' positions that the death
penalty process needs to be a long one.

"We know Morris killed them," he said. "We've got the best country in the
world, but our laws need help."

In the region's other death penalty case, Jon Hall was convicted and
sentenced to death for beating his estranged wife, Billie Hall, to death
in front of her 4 daughters. Her body was found July 1994, floating in a
swimming pool outside her Lexington home.

Relatives of Billie Hall declined comment for this story.

*************************

Seeking death penalty 'rests upon shoulders' of DA's office----District
Attorney General Jerry Woodall talked to The Jackson Sun about the state's
death penalty:


Question: Why hasn't the district attorney's office pursued the death
penalty in more cases in West Tennessee?

Answer: Obviously, each case is different, and there is no template that
will determine whether a case will be a death penalty one. There are 15
aggravating circumstances to consider, and we also consult with the
victim's family.

In the case of Michael J. Hart, the death penalty was considered, but it
would have been a tragedy if a jury would not have convicted him of
first-degree murder. And it's not fair to the victim's families and law
enforcement to drag it on.

The final decision to pursue the death penalty rests upon the shoulders of
the district attorney's office, and rarely are the family's wishes and the
DA's office in conflict because there is so much dialogue about it.

Q: There are approximately 102 people in Tennessee sitting on death row; 2
of those were sentenced out of Madison County. What is the status of Jon
Hall, who was convicted in February 1997, and Farris Morris, sentenced in
June 1997?

A: Both of their cases are in the appellate courts and will likely stay
that way for the next 10 to 20 years.

Q: What is your opinion of the death penalty process in Tennessee, and
what improvements concerning the length of time a person sits on death row
do you think need to be in place?

A: There ought to be a reasonable amount of time that the legislators
agree to or they need to do away with the death penalty entirely. That's
not to say that I'm against the death penalty. I use it sparingly, and I
don't want to do away with it. Time and guidelines need to be developed.

I can only remember six times that a jury has granted the death penalty,
and I've certainly asked for it more than I've received it.

It's the jury's heavy responsibility to decide if the death penalty is
appropriate. When a convicted person files appeal after appeal and it's
extended over a multiplicity of years, evidence disappears, witnesses die
and it's almost impossible to recreate (the case).

Q: Some appellate judges have ruled to give new trials to people sitting
on death row?

A: I believe some judges are planning their belief structure established
by (various) legislators' value systems.

Q: How long does it take to determine whether to pursue the death penalty
in a case?

A: The length of time varies by case, but it also depends on a number of
issues to consider such as mental health, age and competency. No one wants
to make a mistake, so there has to be a fair review of the facts. There
are states where it doesn't take 25 years to determine whether someone
will be executed. Some of the people waiting on death row have died like
Richard Caldwell, whose case had been set for retrial, but he died before
it could take place.

The Jerry Woodall file

Age: 61

Title: District attorney general for the 26th Judicial District, which
covers Madison, Henderson and Chester counties

Career history: District attorney for 23 years and assistant district
attorney for 7 years.

(source for all: The Jackson Sun)






ILLINOIS:

Ryan rips death penalty in address to ACLU


Former Republican Gov. George Ryan surprised even himself Saturday night.
"If you had told me 10 years ago that I'd be speaking to the ACLU in
Peoria about this topic, I'd have said you're crazy," Ryan said before
addressing the Peoria chapter of the American Civil Liberties Union at its
annual meeting at the Lariat Steakhouse.

Ryan, in fact, is refusing to stop talking about abolition of the death
penalty, and his advocacy is outraging defenders of the American judicial
system.

Ryan, a former pharmacist who never practiced law, is telling the world
the American legal system is so sloppy, so flawed, so political that
innocent people are not only routinely found guilty but also routinely
executed.

"How could this have happened?" is the mantra Ryan has spread around the
world.

In an interview before his speech to about 50 people Saturday night, Ryan
said he has no plans to stop advocating for the elimination of capital
punishment. If any of his beliefs have changed since leaving office, it is
an even stronger conviction the system is flawed.

Ryan, a 3-time nominee for the Nobel Peace Prize characterized by
Europeans as the most "courageous man in American," suggested that people
who were so touched by the movie "The Passion of the Christ" should view
the crucifixion of Jesus Christ as an early form of capital punishment.

"We have now made the death penalty so culturally acceptable that people
don't think it is brutal," Ryan said. "We moved from beheadings, stoning,
hanging, firing squads, electric chair and now lethal injection. There is
no blood, no violence. Strap the man to a gurney, open the curtains,
inject him and watch him die. It has become so socially acceptable that
people don't question it.

"How can a society do that?"

There are a number of factors that keep the death penalty legal, he said,
citing politics and the quest for revenge. Politically, abolitionists are
labeled soft on crime.

"I'm tough on crime, absolutely. I'm also opposed to the death penalty.
The public must perceive you as tough on crime or you can't be
re-elected," he said. "A lot of innocent people are on death row. The
system is more about winning than about justice."

Ryan said families of victims need the maximum punishment allowed by law.

"Anything less dishonors their relative. If the maximum is life in prison
without parole, that is what families need."

Ryan's conversion from proponent of capital punishment to abolitionist is
traced in the new book "The Death Penalty on Trial: Crisis in American
Justice" by Bill Kurtis, a former CBS correspondent and anchorman.

Kurtis, who passed the Kansas Bar in 1966, wrote of Ryan's indictment on
charges of taking payoffs in return for government contracts and leases.
On Dec. 17, 2003, just days before the statute of limitations would have
prevented any prosecution, Ryan became the 66th person indicted in the
investigation by the U.S. attorney for the Northern District of Illinois.

Kurtis wrote: "It's hard to believe that any novelist would have asked
readers to swallow such jaw-dropping irony - that the man who traveled
across Europe from the British Parliament to the Reichstag, accepting the
highest praise that they could bestow upon the most 'courageous man in
America,' including a Nobel Peace Prize nomination, would face the
prospect of going to jail."

Ryan declined to speak about the prosecution against him.

He was notified 10 days ago that the Nobel Committee has accepted his 3rd
nomination for the Nobel Peace Prize, written by University of Illinois
international law professor Francis Boyle. The winner is expected to be
announced this fall.

"There is a common thread among people on death row: abuse, violence,
drugs, alcohol. These are kids who never had someone pick them up after
school, who never had someone say, 'I love you.' The death penalty is
unfairly imposed on the poor," he said.

2 states, Texas and Alabama, have no system of public defenders, he said.

"A poor guy indicted in those states can't even get a public defender,"
Ryan said. "And you would expect our justice system to be among the best
in the world."

He said Illinois is no different from other states, and when dozens of
death penalty sentences are reversed due to error, the same margin of
error likely exists elsewhere. However, the margin of error is actually
much worse because once a prisoner is executed, investigations cease and
records are often destroyed.

Ryan recalled being asked to give then-Texas Gov. George Bush advice on
capital punishment.

"I'm not comfortable giving governors advice," Ryan said. "Every governor
has to do what he thinks is right. Bush said he felt everyone executed in
Texas had full access to the system. I said the 13 people exonerated in
Illinois also had full access to the system."

Even his gubernatorial staff had advised him not to take on capital
punishment.

"They told me politically, it can't be done," he said.

He expects the nation's younger generations will ultimately abolish the
practice, and America will become more in step with the rest of the world.

"But I don't expect that to happen in my lifetime," said Ryan, 71.

His 1-hour speech received a standing ovation.

(source: Peoria Journal Star)






FLORIDA:

Jeb Bush Given 'Pause' When at Odds with Church


Whether it is the war in Iraq or the death penalty, Florida Gov. Jeb Bush
says he is given "pause" when the policies he and his brother support run
against the views of the Roman Catholic Church.

Bush, who converted to Catholicism to share the faith of his Mexican-born
wife Columba, will lead the U.S. delegation to the inauguration of Pope
Benedict on Sunday on behalf of President Bush.

"I get uneasy when the Vatican writes me letters when a death penalty case
is about ready to take place in Florida. I'll be honest with you, that
gives me pause. It makes me pray harder," Bush told reporters in Rome on
Saturday.

"Even though it's the law of our land and I have a duty to uphold that
law, when there is a conflict .. it does give me concern.

"But having said that, I think the president's decision (on Iraq) was the
right one," he added, returning to an original question about Iraq.

Pope John Paul, who died on April 2, sought in vain to avert the U.S.-led
invasion of Iraq in March 2003 and was a stern and vocal opponent of
capital punishment.

Jeb Bush considered postponing an execution earlier this month until after
John Paul's funeral on April 8.

He decided to proceed after speaking with the victims' family, and the
47-year-old was killed by lethal injection for the 1999 strangling of a
store clerk. He was the 60th person to be put to death since Florida
reinstated the death penalty in the 1970s.

President Bush oversaw the most executions of any U.S. governor in modern
history when he was governor of Texas from 1995 to 2000. Texas executed
152 people.

The Republican party receives strong support from Christian conservatives
and is often allied with the Catholic Church on divisive issues like
abortion, stem-cell research, gay marriage and euthanasia.

"It's not a question of picking or choosing. I don't believe it's related
to that ... All of us can improve our relationship to God," said Bush, who
will meet the Pope following the ceremony on Sunday.

Like his brother did earlier this month, Gov. Bush spoke about the
papacy's important role in cultivating the "culture of life" and cited the
case of Terri Schiavo.

The brain-damaged Florida woman died last month after a U.S. state court
ordered her feeding tube at her husband's request. The decision drew
strong opposition from the Vatican, her parents, Jeb Bush and the U.S.
president.

(source: Reuters)



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