death penalty news August 17, 2004
NEW YORK: Contrary to what The Post argues in its editorial ("A Real Death Penalty," Aug. 12), it is wrong for the government to take the life of a prisoner who is at its mercy. It is not a legitimate action, and it cheapens life rather than reinforcing its preciousness. Killing is not the way to show that killing is wrong. We must show that no matter how much someone deserves to die, it is wrong to take a life. Louis Epstein, Carmel ******* The Post's editorial on the death penalty showed a lack of understanding of the topic. While there is public support for the death penalty, research does not support the idea that it prevents crime. Indeed, some suspect it may lead to more violence. The idea that taking life shows support for the sanctity of life is nothing short of circular reasoning. Also, The Post ignores the role race plays in the use of the death penalty. Tom Hughes, Louisville, Ky. ******* The recent sentencing of Oklahoma City bomber Terry Nichols makes the most compelling argument yet against the death penalty. To send him to his grave quickly would be too merciful. Let him spend the rest of his natural life confined and alone, haunted by the atrocity he committed and the souls he took. And save a room for child-killer Joel Steinberg next to him. Brian Grutman, Manhattan (source: Opinion, New York Post) ======================= USA / RHODE ISLAND (federal trial): Man gets life terms for student slayings The last of five defendants in a case that rocked the city was sentenced yesterday to four consecutive life terms without parole and another 30 years for the murders of two college students who begged for their lives after a carjacking. ''The crime committed defies description," said Superior Court Judge Joseph Rodgers at Kenneth Day's sentencing. ''These are the most barbaric, senseless, merciless, horrific, dehumanizing crimes that this court has been exposed to in my 30-plus years as a judge." In June, a jury found Day, 25, guilty on nine counts of murder, robbery, carjacking, and conspiracy. His lawyer said he would appeal. Amy Shute, 21, and Jason Burgeson, 20, were killed in June 2000 after a group of men carjacked their SUV in Providence and drove them to a construction site about 5 miles away. The men split $18 in change taken from the couple, and two of them took the SUV. They missed $78 Burgeson was carrying in his shoe, leaving it with him as he lay dead against a fence of hay bales, his body nearly covering Shute's. Day said in court that he was willing to apologize to the victims' family members, ''But they don't want to hear that. There is nothing I can do or say." He delivered an apology after Rodgers asked him to do it anyway. ''I apologize. I don't know if it sounds sincere. I'm sorry," he said. Prior to sentencing, Shute's mother read a statement to the court in which she said Day had shown no remorse or regret. ''Nothing that happens here today will ever bring Amy back or make the loss of her any less painful," said Carol Shute. ''I only ask that Kenneth Day serve the rest of his life behind bars." Under the terms of the sentence imposed yesterday, that is what will happen, said Attorney General Patrick Lynch. Day's sentences come on top of a 45-year sentence he is serving for an unrelated robbery charge. Lynch called the lengthy sentence ''an overwhelming commentary by our presiding justice that we will bring what justice we can to our community and particularly to the families who will continue to suffer." Day has 20 days to file an appeal, which Lynch said he believes would have little chance of success. Day's lawyer, Joseph DeCaporale Jr., said his client will appeal, based on issues including the use of videotaped testimony another of the defendants gave during federal proceedings. The witness, Gregory Floyd, refused to testify in Day's trial, and the judge allowed the videotaped testimony to be used. DeCaporale argued that did not give him the chance to cross-examine Floyd. DeCaporale said the length of the sentence was not a surprise, and that even with a lesser sentence, Day expected the cumulative terms would mean he would spend his life in prison. ''I hope it brings some closure to the families," DeCaporale said. All five defendants were charged in federal court in an attempt to qualify them for the death penalty; Rhode Island does not have capital punishment. All but Day pleaded guilty to avoid a possible federal death sentence. Day went to trial in federal court and was acquitted in February 2002, after the judge ruled that prosecutors did not prove federal charges were warranted. That ruling led state prosecutors to indict Day on state charges. Three of the other defendants are now serving life sentences, and the fourth is serving a 30-year term. (source: AP / Boston Globe)