June 14 VERMONT: Execution Site Could Delay Death Penalty Choosing an execution site could be an issue this week when a death sentence is handed down in Vermont for the 1st time in more than 50 years. Since Vermont has no death penalty, the judge will select a state where Donald Fell will be executed. Presently 38 states have a death penalty and federal prosecutors are asking the judge to pick the one state that is least likely to delay execution for Fell. Last summer, a federal jury of Vermonters recommended that Donald Fell be executed under federal law for car jacking and murder. Fell and an accomplice had already murdered 2 people when they carjacked Terri King in Rutland. They drove the 53-year-old grandmother to New York state in her car-- where they fatally beat her as she prayed for mercy. This Friday, Fell will be officially sentenced to die by Federal Judge William Sessions. But Sessions will have to select a state for the execution because Vermont has no death penalty. Prosecutors have asked that it be in Indiana-- which has the death penalty and is also the site of the federal death chamber. "And it's very likely that Fell will be sent to Indiana anyways. And all three federal executions that have been carried out since Timothy McVeigh have all taken place in Indiana," explained Vermont Law School Professor Cheryl Hanna. She says there could be a delay if the judge were to choose New York State where Terri King was murdered. "No one has actually executed in New York since the 1960s and it's just not even clear whether or not New York's in any capability of ever executing a death penalty at this stage, given it's own death penalty statute has been declared unconstitutional and there seems to be nothing in place to carry out a death penalty," said Hanna. Hanna says the prosecutors may also be concerned about the execution site because Judge Sessions has indicated he is opposed to the death penalty. "At least once during the Fell trial Judge Sessions declared the death penalty unconstitutional. The 2nd circuit then reversed that decision. Judge Sessions could sort of be activist in this case and sentence him to die in New York, with the hope that the sentence will never be carried out," added Hanna. The prosecutors made their request for Indiana in a sentencing memorandum filed Monday. Defense lawyers have not yet filed a response. (source: WCAX News) ALABAMA: Glaring flaws in death penalty If anything should be non-negotiable when it comes to the death penalty, it's this: The process should be exceedingly fair, and only guilty people should be executed. Which means in Alabama, there should be no death penalty, at least for the foreseeable future. The system our state currently operates doesn't fulfill the very basic requirements - that is, fairness and accuracy - in inflicting the ultimate punishment. The point was reinforced this week with the release of findings from the American Bar Association's review of Alabama's death penalty system. The 20-month assessment - conducted by prominent Alabama lawyers and scholars including a former judge, a prosecutor and a state senator - found glaring deficiencies in the way Alabama administers the death penalty. The ABA has developed 79 standards for measuring the way a state carries out the death penalty. Alabama - the second state to undergo the ABA review - fully complied with only four. It partly complied with 14 others, and wholly failed on 37 of the remaining standards. Among the problems cited: The state doesn't provide adequate or consistent legal defense for those charged with capital crimes, either at the trial level or during appeals. The state doesn't have a process for making sure the death penalty is used uniformly for similar crimes. The state doesn't have a law to address people who were convicted of capital crimes before DNA testing was developed for blood, semen and other biological evidence. Even when Alabama juries recommend a defendant receive life in prison with no chance for parole, elected judges can impose a sentence of death. The sad thing is, these deficiencies aren't a shock. They have been raised time and again, but apparently, not often enough to trouble state leaders. Witness Attorney General Troy King's response to the Bar Association's findings. "The ABA is a liberal, activist organization with an agenda they constantly push," King said. That's a cheap insult to the bright Alabama legal minds that invested their time in this review. Notice King didn't argue Alabama runs a flawless death penalty operation. That's because he can't. The system is frighteningly flawed. That's why this newspaper's editorial board members - and all members of the Alabama ABA assessment team except for Bessemer Cutoff District Attorney Arthur Green - advocate a temporary halt to executions to allow time for these flaws to be minimized. No system run by humans will ever be perfect. DNA exonerations have shown us that judges, juries, eyewitnesses and victims aren't infallible. But if Alabama wants to continue using the death penalty, it needs at the very least to limit the chance of executing an innocent person. It also needs to make sure the death penalty is reserved for the worst of the worst, and that decisions about who lives and dies are based on the crime, not on the race of the victim, the wealth of the defendant or the abilities of the defense lawyer. Then, and only then, will Alabama meet what should be the basic requirements for inflicting the death penalty. (source: Opinion, Birmingham News) NEW YORK: NYS Senate Approves Death Penalty Bill In the past 3 months, 2 New York State Troopers have been shot in Chemung County. While 1 is recovering, the other lost his life. The State Senate approved legislation Tuesday that would restore the death penalty in cases where law enforcement officials are killed. The Senate approved the bill 37 to 23, to reinstate the death penalty for convicted killers of police officers, peace officers, or employees of the State Department of Corrections. Senator George Winner, a co-sponsor of the bill, says law enforcement officials need protection too. "We have to have a special status for these individuals because they put their lives on the line every day to protect us," said Winner. In 2004, the State Court of Appeals ruled the death penalty unconstitutional, stating it pressured jurors into supporting a death sentence because they were afraid the defendant could be released in the future. Part of the legislation the Senate passed Tuesday mandates a life sentence without parole if the jury deadlocks. Chemung County Sheriff Chris Moss says it's necessary to have deterrents for criminals. "Right now what's the most they're going to get? The maximum penalty is life in prison without parole. But if they know there's another consequence other than life in prison they might think twice before they do that," said Moss. Governor George Pataki has already agreed to sign the legislation into law if its approved by the Assembly. But supporters of the bill are worried it won't even make it to the assembly floor for a vote before the end of the current legislative session next week. "I would predict that if the liberal leadership of the New York State Assembly, those Manhattan oriented liberals, would allow that bill to come on the floor I would predict that it would pass overwhelmingly," said Winner. Key assembly leaders have expressed reservations about restoring the death penalty, but residents in the Southern Tier we spoke to say it's a good idea. "Definite proof of murder, why there should be no question," said John Pickelhaupt of Elmira. "Mr. Robinson was an FBI agent, I worked for the FBI in New York City I feel very strongly that any law enforcement person puts themselves on the line for all of us. So for that reason I feel strongly about the penalty, " said retired FBI secretary and Elmira resident Hazel Robinson. Anthony Gelzer of Elmira said, "I do believe that the death penalty should be reinstated due to the fact if any individual kills somebody they should die, bottom line." (source: WENY News) *********************** Senate Advocates Reinstating Death Penalty In Albany, the state Senate has passed legislation that would reinstate the death penalty for criminals who kill police officers. The Senate also passed a bill that would amend the state's death penalty law to fix a provision that was ruled invalid by the state Court of Appeals. Senate action on the legislation was announced at a Capitol news conference where Senate Majority Leader Joseph L. Bruno and members of the Majority Conference were joined by David and Kathy Corr, whose son Joseph Corr, a New Hartford police officer, was shot and killed in February while chasing a jewelry store robber. "I have looked into the eyes of would-be cop-killers on the streets of New York City. I know that there is this evil walking on the streets of New York City, those who endanger the lives of every single New York City police officer," said Senator Marty Golden, (R-Brooklyn) bill sponsor. "That is why it must be our priority to pass legislation that restores the death penalty here in New York State and makes it applicable to those who kill police officers. We can no longer sit back and watch the lives of New York's Finest be jeopardized and be cut short at the hands of hoodlums. There is no greater deterrent than the death penalty to protect our society and our police officers." The Senate passed a comprehensive bill would put stronger penalties in place for criminals that target police officers. The bill includes stronger penalties for assault, menacing, murder and attempted murder of an officer, as well as increased penalties for possession of armor-piercing ammunition and the reinstatement of the death penalty for criminals who kill police officers. In 2004, the Court of Appeals overturned death penalty sentences, saying that judges were improperly required to instruct jurors in capital cases that if they deadlocked and failed to reach a verdict during the penalty phase of a trial, the judge would impose a sentence that would leave the defendant eligible for parole after 20 to 25 years. Under the Senate bill. in addition to capital punishment or life in prison without parole, juries would be given a third option of imposing a sentence of life in prison with the possibility of parole when sentencing convicted murderers. Also, the bill requires that, if a jury is deadlocked, a sentence of life without parole would be imposed, and juries would be told of that provision before sentencing. All pending capital cases, as well as crimes committed prior to the effective date of any change in the law, would be affected by the changes included in this bill. The bills were sent to the Assembly. (source: North Country Gazette) ************************* Corr's parents push for death penalty ---- Seek execution for those who kill police officers The parents of slain police officer Joseph Corr joined Senate leaders at the State Capitol Tuesday to lobby for the return of the death penalty, even though Assembly leaders have repeatedly said they no longer support it. The state's capital-punishment law was effectively suspended in 2004 by New York's highest court, which ruled parts of it unconstitutional. With just about a week to go in the legislative session, Senate Republicans are pushing to revive one portion of the law: to allow for the execution of someone who kills a law-enforcement officer. The Senate passed such a measure while almost simultaneously across the building a key Assembly committee - with increased support from Republicans - voted to mothball a capital-punishment bill for the year. Senate Republicans cited a spate of police officers killed in the line of duty in recent months, including Corr, a New Hartford police officer fatally shot in February while trying to apprehend jewelry-store robbers. Corr's parents, David and Kathy, stood with about a dozen senators at a news conference to say that a life-without-parole sentence for police killers was not sufficient. Both wore photographs of Joseph fastened to their shirts like a badge. As David described his son's last day, Kathy clutched his right arm with both hands and rested her head on his shoulder as the tears flowed. "Being here is difficult," David Corr said. "But it is an obligation and duty. I feel an obligation to every police officer." Sen. Raymond Meier, R-Western, said those who kill police officers should be treated differently than other murderers because "criminals who murder police officers strike at more than one life. By murdering one of those sworn to protect all of us, they commit the ultimate offense against every citizen and society as a whole." Assemblywoman RoAnn Destito, D-Rome, said she favors the death penalty for those who kill police officers. "The tragic murder of (Corr) reinforces the need for New York State to give the ultimate punishment to cop-killers," Destito said in a statement. "Several studies have proven that capital punishment has a deterrent effect and the death penalty gives officers better odds of protecting themselves and our families." Anti-death-penalty activists called the vote a "political gesture" in an election year. All 212 legislators are up for election in November. The Republican-led Senate passed the bill,37-23, but not without some debate. "I don't believe in killing anyone because I believe life is sacred," said Sen. Ruben Diaz Sr., D-Bronx, noting his anti-abortion-rights stance. He also pointed out that his daughter is in law enforcement and said his opposition "has nothing to do with police officers." Other Democrats accused the Republicans of grandstanding, given that the bill had insufficient support in the other house. "This is the end of the line here in the Senate," said Sen. Tom Duane, D-Manhattan. "It's not going anywhere." That proved true when the Assembly Codes Committee, which weighs all criminal laws, voted 13-5 to quash a bill to reinstate the death penalty. That was a bigger margin than last year, 11-7. 2 Republicans, Dede Scozzafava, R-Gouverneur, St. Lawrence County, and Philip Boyle, R-Suffolk County, joined Democrats this year to block the bill, according to a tally provided by the Assembly. A number of Assembly members have said they no longer supported capital punishment because, over the last decade, DNA evidence has cleared wrongly convicted people and the state has added the option of sentencing murderers to life without parole, something that didn't exist when New York enacted a death-penalty statute in 1995. 7 men have been sent to New York's death row since then. All 4 who have had their case go all the way up the court system have had their death sentences overturned because of different constitutional flaws in the law. The state Court of Appeals in 2004 effectively suspended the law because it found that the sentencing provisions could coerce jurors into voting for death. (source: UticaOD.com) ILLINOIS: Court ruling could complicate death penalty cases Death row inmates may have an easier time raising objections to lethal injection under a new U.S. Supreme Court decision. Illinois officials are taking a wait-and-see attitude toward the ruling that will allow the condemned to argue lethal injection is a civil rights violation. "Its very likely that the issue will get litigated and resolved in other states because the capital cases in Illinois are still at a relatively early stage," said Illinois Solicitor General Gary Feinerman. Illinois has a moratorium on the death penalty imposed by former Gov. George Ryan, who also cleared the states death row before leaving office. Since then, seven people have been sentenced to death in Illinois. In the U.S. Supreme Court case, death row inmate Clarence Hill argued the three-drug cocktail preferred by Florida officials is "cruel and unusual punishment" and unconstitutional. The man, sentenced to death for killing a Florida cop, argued sodium pentothal used as an anesthetic would not be enough to mask pain from paralyzed lungs and the heart attack triggered by other drugs administered. "We dont think the ruling has any effect on us," said Derek Schnapp, an Illinois Department of Corrections spokesman. "We are always going to go by the law." Prison officials will not discuss the specifics of Illinois lethal injection procedure but state law prescribes "an ultrashort-acting barbiturate in combination with a chemical paralytic agent and potassium chloride or other equally effective substance." Death penalty opponents applauded the lethal injection ruling as well as another decision allowing federal judges to reopen capital cases to consider DNA evidence. "Its an overall indication that the United States Supreme Court after many years working to limit appeals now seems to be more cautious in that arena," said Jane Bohman, executive director for Illinois Coalition to Abolish the Death Penalty. The lethal injection ruling, Bohman said, is "just starting to make people have to confront the reality that there is no nice way to kill someone." Illinois has released 18 men from death row because of wrongful convictions. (source: Pantagraph)
[Deathpenalty] death penalty news----VT., ALA., N.Y., ILL.
Rick Halperin Wed, 14 Jun 2006 13:05:00 -0500 (Central Daylight Time)
