death penalty news
July 15, 2004
NEW YORK:
Legislature prepares to act on death penalty bill
Pataki, Bruno, Silver promise quick action, but League of Women Voters
urges care over speed
Gov. George Pataki, Senate Majority Leader Joseph Bruno and Assembly
Speaker Sheldon Silver all vowed last month to fix a flaw in the 1995 law
that led the state Court of Appeals to deem the law unconstitutional. Bruno
said Tuesday he was "fairly certain" that Pataki would send the Legislature
a bill next week to fix the problems.
"We are actively engaged in drafting legislation that would address the
issues raised" in the Appeals Court case, Pataki spokeswoman Lynn Rasic
said Wednesday.
In late June, the state's highest court ruled that a provision on jury
instruction could lead jurors to choose death to avoid the possibility of
parole. Before sentencing, juries are advised that they can choose between
life in prison without parole, or death.
The jury is told that if it is deadlocked over the sentence, a judge must
impose 20 to 25 years to life in prison with the chance of parole, an
option that could free the criminal in fewer than 20 years.
The court's decision vacated the death sentences of three killers on death
row, and left dozens of other cases in legal limbo. Albany District
Attorney Paul Clyne said Wednesday some murders committed before the
court's decision but not yet tried in court could still be eligible for the
death penalty, but that would have to be tried in court.
Defense lawyers could argue that the death penalty law in place at the time
of the crime was unconstitutional.
Any crimes committed between the June 24 court ruling and whenever a new
death penalty law is enacted would not be eligible as capital cases.
Admitted cop killer Keshon Everett took advantage of the court's decision
by pleading guilty to the December murder of Albany Police Lt. John Finn
earlier this month. Everett would have faced the death penalty, but now
will face a maximum of life without parole.
"The Court of Appeals held out a brass ring, and he grabbed it," Clyne said.
Although the state's top leaders vowed to fix the problems with the death
penalty statute as soon as possible, the League of Women Voters said
Wednesday the new law should be written with care, after meetings with New
Yorkers.
"We don't want the Legislature to pass something as a quick fix," said Ann
Brandon, chairwoman of the league's 2002 death penalty study.
No one has been put to death since the law was reinstated in 1995. But
several studies have shown that giving district attorneys the sole
discretion over which crimes receive capital prosecution creates an uneven
punishment system. For example, fewer than 20 percent of the state's
murders occurred outside of the New York City area, but more than 60
percent of death penalty notices were filed by upstate prosecutors,
according to the study.
(source: timesunion.com)
