Dec. 15


WISCONSIN:

One case insufficient to reinstate death penalty


Wisconsins government is under the influence of a hasty campaign for
capital punishment with only one illustration to back up the plea. After
the murder of a freelance photographer in Manitowoc, Wis., DNA was matched
to accused rapist Steven Avery when charred remains were found buried on
his property. Although exonerated from rape charges after 18 years in
prison, Avery now faces trial for 1st-degree homicide.

The horrific murder of Teresa Halbach was an unjustified act of violence
against an innocent woman and Avery, if found guilty, deserves life behind
bars. But the rally to reinstate a law that allows the execution of
high-profile murderers should not be fueled by only one case.

No matter how heated any argument may get over the righteousness of the
death penalty, each state institutes its own laws concerning the issue.
Once decided, each state should stand loyal to its decision, no
exceptions. The government should not allow state legislatures to change
long-standing laws on a case-by-case basis and legislatures should only
have this power if there is a reoccurring problem.

Sen. Alan Lasee and Tom Reynolds, however, are doing just that. They have
turned the high profile murder trial of Steven Avery into a rally for the
reinstatement of the death penalty in Wisconsin. No argument is being made
to whether the evidence matches Avery to the murder and mutilation of an
innocent victim. Instead, the issue is whether the murder itself is enough
to convince Wisconsin voters that a murderers life is the price of a
victims death. Wisconsin has held a position against the death penalty
since 1853 and has seen its fair share of high-profile murders since. So
my question to the public is this: if one murder can result in a campaign
for the reinstatement of an age-old issue, will each of the sentence
regulations undergo debate when faced with a high-profile felony? Avery
deserves a life behind bars without parole if convicted of first-degree
homicide, but in a state that has voted to shut out the idea of punishing
based on the theory of an eye for an eye, that should be enough.

The nation is cluttered with cases involving murderers, sex offenders and
pedophiles worthy of severe punishments. Imagine the nation takes on the
pattern of Wisconsin, examining punishment regulations on a case-by-case
basis in the legislature. Not only will the courts be cluttered with the
already exhausting appeals process, they may now be forced to make daily
decisions regarding amendments of long-standing laws. The pattern should
be broken before it overwhelms our judicial system.

With an issue as controversial as capital punishment, a debate that has
spanned for years, the fact that Wisconsin has chosen to remain loyal to
its position for more than one and a half centuries should send a message
to the public. No murderer has ever influenced our courts so strongly
before and Avery should not stand out.

How do the inhumane acts of Steven Avery compare to those of Ed Gein, the
butcher of Plainfield? Surely no one can begin to find a murderer worthy
of erasing the footsteps of that infamous Wisconsin murderer, which
stirred up little debate regarding the laws of capital punishment.

No murder or murderer should deem more justifiable for death than another.
Each case involves the loss of a life or lives, the heartache of a
grieving family and the lingering question of why. The case of Steven
Avery should not hold the power to change or even influence our state
laws. A life behind bars should remain the punishment in a state that long
ago decided an eye is not worth an eye.

(source: Kaitlyn Farrell is a sophomore majoring in journalism and
political science; The Daily Cardinal, Univ. of Wisconsin)






IOWA:

Facts don't support the revival of death penalty


Public policy should be based on solid research, not an emotional response
to high-profile situations. Recent statements by legislators in favor of
reinstatement of the death penalty are another indication of their
willingness to base legislation on emotion rather than facts. The limited
nature of the death penalty these public officials support does not make
the position any more defensible.

The League of Women Voters of Iowa agrees that some crimes are so heinous
that they require extreme consequences. That is why we support maintaining
Iowa's current laws that mandate life in prison without possibility of
parole for Class A felonies. We oppose reinstatement of the death penalty
for any offense.

The facts do not support changing from life without parole to the death
penalty, even in limited circumstances.

There is no conclusive evidence that the death penalty acts as a
deterrent. According to a survey, 84 percent of former and current
presidents of the country's top academic criminological societies rejected
the notion that the death penalty acts as a deterrent to murder. Texas and
Louisiana, with two of the nation's highest murder rates, have capital
punishment. Iowa, with no capital punishment, ranks fourth from the bottom
in murders per capita. Iowa had 1.6 murders for every 100,000 population,
while the national rate was 5.7 murders per 100,000.

Cost studies on the death penalty show it is much more expensive than a
system where the most severe sentence is life in prison. The most
comprehensive death-penalty study in the country found that the death
penalty cost North Carolina $2.16 million more per execution than a
non-death penalty murder case with a sentence of life imprisonment (Duke
University, May 1993).

On a national basis, these figures translate to an extra cost of over $1
billion spent since 1976 on the death penalty. Because death is
irrevocable, courts are required to have a heightened level of due process
for capital defendants. Multiple retrials and multiple appeals are the
norm, and that requires more time and greater expense.

The possibility that innocent people will be killed is not only possible,
but likely. Since 1973, 122 inmates on death row in 25 states have been
exonerated and set free after it was discovered they had been wrongfully
convicted. The most recent, on Nov. 15, was a death-row inmate in
Pennsylvania. The Georgia Board of Pardons and Paroles recently pardoned a
woman who was executed 60 years ago. A civilized society should not
condone such taking of innocent lives.

The call for reinstatement of the death penalty in Iowa comes at a time
when the nation's death sentences are lower than they were 5 years ago.
That's also true for the size of death row, number of executions and
public support for the death penalty.

Iowans - as demonstrated by results of the recent Iowa Poll - are
concerned about many issues that they want the Iowa Legislature to
address. Reinstatement of the death penalty will solve none of them.

(source: MARLA SHEFFLER is president of the League of Women Voters of
Iowa; Des Moines Register)






MISSOURI:

county waited too late, lawyer says----Defense in Precious case asks for
no death penalty


The attorney for a man accused of killing 3-year-old Erica Green on
Wednesday asked a judge to forbid prosecutors from seeking the death
penalty.

The legal filing contends that Jackson County Prosecutor Mike Sanders
acted too late in filing aggravating circumstances for the death penalty
against Harrell Johnson. Sanders announced the decision this month.

Prosecutors declined to comment Wednesday. Earlier, they said that the
final decision in their seven-month review of the case was not made until
this month. It was based on material recently received from Oklahoma
police concerning alleged violent crimes there, they said.

Ericas decapitated body was found in Kansas City woods in April 2001. Her
head was found later in a trash bag nearby. The community named her
Precious Doe and rallied to identify the girl and her killer, a task that
took police 4 years.

Johnson allegedly kicked Erica, knocked her unconscious and left her
untreated for up to 12 hours until she died, court records say.

His wife, Michelle Johnson, 30, is charged with felony 2nd-degree murder
and child endangerment for not getting her dying daughter medical help.

Defense lawyer Bill Raymond said Judge Charles Atwell repeatedly gave
Sanders deadlines for deciding whether to seek the death penalty, then
extended them.

Raymond contends that Sanders told the defense and the judge in October
that he would not seek death.

That action should have ended the deadline extensions, Raymond said.

He asked the judge to deny prosecutors the right to seek death or grant
the defense a hearing on the matter.

Johnson, 26, is in Oklahoma, serving a 5-year sentence for beating a man
with an axe handle, prosecutors said.

In Ericas case, he has pleaded not guilty to 1st-degree murder,
endangering the welfare of a child and possible alternative charges of
felony second-degree murder and child abuse.

(source: kansas City Star)

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

Expert: Man's DNA not present in evidence


Missouri death row inmate Brian J. Kinder's DNA was not present in the
re-testing of evidence from the 1990 rape and murder for which he was
convicted, a DNA expert said Wednesday.

But there is little DNA to test, and some of the original samples have
degraded to the point where testing can't be done, Missouri Highway Patrol
DNA technical leader Cary Maloney said in a Cole County courtroom.

Kinder, his attorney Frederick Duchardt Jr. and lawyers from the Missouri
Attorney General's Office were there to discuss the results of testing
that could be the only thing standing between Kinder and the death
chamber.

Those tests were ordered by St. Louis Circuit Judge Lisa Van Amburg, who
was assigned as special master to the case by the Missouri Supreme Court
after Duchardt questioned the original DNA testing.

DNA helped convict Kinder in 1992 of the Dec. 21, 1990, rape and murder of
his distant cousin, Cynthia Williams, in her home in Crystal City.

All of Kinder's appeals have been denied so far, but after the attorney
general's office asked the Supreme Court to set an execution date, Kinder
got another chance.

Duchardt argued that the original DNA testing was either flawed or
contaminated, and that the state's DNA expert erased a mark on the DNA
test that would have exonerated Kinder.

That court exhibit has been lost.

But the attorney general's office said the evidence was never altered, and
the DNA expert testified at the trial that the mark in question either
indicated a match with Williams' DNA or was produced by photocopying.

Although Van Amburg stressed that Wednesday's hearing was simply a status
conference, if Kinder's DNA had matched evidence taken from the scene, it
would likely have marked an end to delays in setting his execution date.

If tests identified another male's DNA, it might not help Kinder either.
The attorney general's office could argue that the DNA came from the
victim having consensual sex with someone else before the murder.

The tests have been inconclusive so far. Assistant Attorney General
Deborah Daniels said that for Kinder to prevail under the law, DNA testing
must produce evidence that would have changed the outcome of the trial if
jurors had been aware of it.

Duchardt said that if further rounds of testing are also inconclusive, the
questions might still cause the Supreme Court to say, "This smells to high
heaven, and we are not going to execute a man based on flawed testing."

Van Amburg told Duchardt to propose another round of testing by Dec. 31,
and to research the advanced testing technologies that might be used on
what little DNA evidence is left. That testing could include 1 method so
new it's not yet accepted for use in Missouri courts.

(source: St. Louis Post-Dispatch)






ILLINOIS:

CBS's "48 Hours" to revisit Rhoads murder in Saturday's program


The nearly 20-year-old Paris double homicide involving Dyke and Karen
Rhoads of Paris will be revisited on CBS news program "48 Hours" at 9 p.m.
Saturday. CBS previously aired an hour-long program on the case in 2000.
Saturdays program will feature highlights from interviews taken by "48
Hours" while visiting the Paris community during the past summer. Former
Illinois State Police Lt. Michale Callahan, who won a $650,000 suit
against his superiors for violation of his civil rights, was also
interviewed and will be part of Saturdays airing.

Callahan maintained that his investigation into the Rhoads murder was
thwarted by his superiors after he gathered evidence pointing toward the
innocence of Randy Steidl and Herb Whitlock, who both were convicted for
the crimes.

Steidl spent over a dozen years in death row, followed by several more in
prison before he was set free in May 200. He is still under a cloud a
suspicion. Meanwhile, Whitlocks quest for freedom was short-lived when an
Edgar County Judge denied him a new trial recently.

A preview of Saturdays program can be viewed at www.cbsnews.com.

(source: Paris Beacon News)






FLORIDA:

Life On Death Row Exposes The Spirit


Juan Roberto Melendez learned how to read, write and speak English on
death row in Starke and Raiford.

"I was taught by the worst of the worst," said Melendez, 54. "By the ones
they call monsters. They taught this Puerto Rican how to read and write in
English. I did not know how to."

After 17 years, eight months and one day, Melendez was cleared of a Polk
County slaying after authorities said another man claimed responsibility.

During his time on death row, Melendez said, he learned about the human
spirit and the path to redemption. "Some change rapidly; some change
slowly," Melendez said from his home in Puerto Rico. "They believe in the
spirit of faith. They learn love, compassion and how to forgive."

The Melendez story is different in many ways from the case of Stanley
"Tookie" Williams, co-founder of the notorious Crips gang, who was
executed this week in California. Williams used his time on death row for
good works - writing children's books and working to stop gang violence -
but he went to his death denying responsibility for his crimes.

Still, Melendez sees important similarities in their stories as the
Williams case rekindles the national discussion over the death penalty,
religious faith and the concept of redemption.

"The truth is most of the people they execute are not the same person that
committed the crime," said Melendez, who attended a California rally to
protest the Williams execution. "They change for something divine. They
know they are not going to the streets. So what's the next step? They
become Christians, they turn Muslim and praise Allah, and turn to
Buddhism."

Melendez was convicted of the 1983 killing of Delbert Baker. No physical
evidence linked him to the crime. A transcript of a statement from another
man was discovered in 1999. Melendez was released in 2002.

'It's An Eye For An Eye'

Edward McDonald, Baker's former partner, sees no place for redemption in
the discussion of justice. He approves of the death penalty, and to this
day, he is dismayed over Melendez's release.

"If somebody kills another person, they should get the same penalty," said
McDonald, 75, of Lakeland. "It's an eye for an eye. I was hoping the
California governor would not change anything. Even though he [Williams]
reformed for what he did and the Lord may have forgiven him, that would be
great. But that does not change anything."

Florida has executed 60 people since the reinstatement of the death
penalty in 1976. Two men, Clarence Hill and Arthur Rutherford, are
scheduled for execution on Jan. 24 and 31, respectively. Florida's death
row has 367 inmates, according to the state Department of Corrections Web
site.

Religious groups and death penalty opponents argue that faith should play
a role in public policy decisions on punishment, said the Rev. Robert
Schneider, a member of the Florida Catholic Conference Committee on the
death penalty.

"We believe that faith values always have a place in public discussion in
any issue," said Schneider, pastor of Espiritu Santo Church in Safety
Harbor. "We have grave concerns, in spite of guilt or innocence, if this
is an appropriate punishment."

Retired Catholic Bishop John J. Snyder, of St. Augustine, and Dale
Recinella, of Macclenny, a Catholic lay chaplain, look into the eyes of
the men on death row.

Recinella said he is moved by the level of concern for others expressed by
people who are about to lose their lives.

"I can say I have been extremely moved that foremost in their thoughts are
their family and the family of the victim," Recinella said. "That's a very
remarkable statement of redemption."

Snyder tries to gauge their sincerity when it comes to faith. What the
bishop doesn't know - nor does he care to - is whether they have redeemed
themselves.

"The word 'redemption' is placing us in a position of judging," Snyder
said. "Only God can make that final judgment. I've encountered a number of
men who certainly are deeply reconciled with the Lord, and their
expression of faith is deeply moving. In one sense there's nothing to gain
by faking this."

'We Forgive You'

Snyder and Recinella were with Glen Ocha, the first person executed this
year in Florida, on his final day in April. The former bishop knows that
Ocha and the men on death row have committed dreadful acts. But he says he
sees many search for redemption.

He administered the Catholic sacraments to Ocha for the last time and
asked whether he had sought forgiveness.

Ocha replied that he had. "He wrote to the family of the victim and asked
forgiveness," Snyder said. "They wrote back, 'We forgive you.'"

(source: Tampa Tribune)



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