June 13 INDIANA: Reversing a death sentence A growing number of jurors who voted to give Darnell Williams the death penalty are reversing course. The latest turnabout is Rodney Hill of Hammond, who helped sentence Williams to death for the 1986 murders of John and Henrietta Rease in Gary. Hill told Williams' lawyers that he now opposes the death penalty in this case, in light of the disparity in sentencing and all of the new information that's surfaced, particularly fresh DNA test results. Hill joins the trial prosecutor, a judge who reviewed the case and another juror to come out against the execution, which has been set for July 9. These are the very people responsible for Williams' conviction and death sentence. Additionally, three other jurors are against the execution, according to Williams' attorney, Juliet Yackel. A Columbia University School of Law study found that 75 percent of Indiana's capital sentence cases between 1973 and 1995 had "serious, reversible error." The Williams case is one of them. (source: Opinion, Indianapolis Star) MARYLAND: Execution of justice -- with a fatal flaw Unless he's just been blowing a lot of hot air in support of capital punishment over the past decade, Robert L. Ehrlich Jr. should have no problem putting Steven Oken to death. Oken sexually assaulted and murdered three women in 1987, two in Maryland and one in Maine. There are no lingering questions about his guilt, and the family of one of his victims has been actively campaigning for his execution. Even the most dedicated death penalty opponents have a tough time standing up for this guy. So ordering someone on the state payroll to fill Oken's veins with lethal chemicals should be a no-brainer for the Republican governor of Maryland. Ehrlich ought to be able to speak about this as boldly as Maryland's Democratic Senate President Mike Miller has: "If there's a gallows, I'll pull the lever. If there's a gas chamber, I'll turn the valve. If it's lethal injection, I'll insert the needle." In other words: Bring it! It's not like we're going to see Oken put to death on television. These procedures are carried out quietly -- with succinylcholine chloride -- in the wee hours deep inside prisons, and all of that will limit the political fallout from Ehrlich's 1st execution. In fact, some quarters will praise him for it. And never mind thorny issues of conscience. Oken's crimes were so heinous his scheduled execution accords all of us a little vacation from the most troubling aspects of the death penalty. Never mind the demonstrated record of racism in its application. In a state where 80 percent of murder victims are black, defendants who kill white people are far more likely to be charged with capital murder and sentenced to death than are killers of nonwhites. A University of Maryland study found that blacks who kill whites are 2 1/2 times more likely to be sentenced to death than are whites who kill whites, and they are 3 1/2 times more likely to be executed than blacks who kill blacks. Oken is white. But so were his victims. But never mind. And never mind issues of geography and justice. Never mind what the Washington-based Death Penalty Information Center found: that no jurisdiction in Maryland -- make that the United States -- has as high a percentage of inmates on death row as Baltimore County, where Oken was prosecuted. In Maryland, whom you kill and where you kill seem to dictate whom the state, in turn, is asked to kill. But this week, never mind. Never mind all the studies showing that the death penalty has no deterrent impact on crime. Or that it's more costly than keeping criminals in jail for life. Never mind that Maryland's lieutenant governor, Michael Steele, opposes the death penalty, as does the attorney general. Never mind that Ehrlich's own United Methodist Church opposes it. We can ignore, for a day or two, those polls showing public support for the death penalty falling to 27-year lows. And never mind that Governor Ehrlich's own administration has been pushing a progressive agenda of reforms in corrections (phasing out and maybe tearing down Supermax, expanding inmate programs for education, job training, drug treatment) that are far more beneficial to the public welfare than the execution of one criminal who would never get out of prison anyway. All of that can go away for a day because Oken's crimes were so grisly. And he's white. He's guilty. His victims' survivors want him dead. What's the problem? If you can't put a guy like this to death, why have a death penalty at all? That sounds like a strong argument, tempting to accept. It always is. But it points up one of the essential problems with the pick-and-choose nature of the death penalty, the unevenness of its application under a system that allows the state to play God, to avenge murders on behalf of the victims' families. In an interview about this a couple of years ago, when he was running for governor, Ehrlich suggested that was OK. "The criminal justice system is all about discretion, as a function of politics, by the way," he said. "It's built on a diversity of political views. [Baltimore County State's Attorney] Sandra O'Connor has been elected seven times ... so it's fair to say people in Baltimore County like her position." Even if it leads to uneven justice, not to mention violations of the 14th Amendment's guarantees of equal protection and due process? Even if it gives Maryland a reputation for having a racist death penalty? This is such a polarizing issue. We could argue about the death penalty 24-7. I believe it's wrong on moral grounds, others believe it is absolutely correct on moral grounds, and that usually leads to deadlock in debate. But I also believe it is wrong on constitutional grounds, and wrong in real terms, in its ineffectiveness as a tool in stemming violent crime. The latter view is shared by more and more people of all different political stripes. Even ardent supporters -- or, at least, the honest ones -- must concede that the issues raised in the past three years beg for continued moratorium on executions and a reform or junking of the statute. It is not weakness for a government -- a state, a society -- to stop, fix or jettison something so flawed. This is a golden opportunity for Robert Ehrlich to show himself to be a progressive and a pragmatist, and a man of conscience, a leader who asks his constituents to join him in resolving tough, even bitter issues. Executing Steven Oken is easy, a no-brainer. But who wants a governor who doesn't use his brain? (source: Dan Rodricks, The Baltimore Sun) KENTUCKY: Mixed reviews -- Schneider's recusal request creates stir In Catlettsburg, the head of an anti-death penalty organization said Friday that he applauded Boyd County Commonwealth's Attorney J. Stewart Schneider's decision to remove himself from a potential death penalty case for religious reasons. "I certainly think he did the proper thing in terms of his own personal beliefs," said the Rev. Patrick Delahanty, a Catholic priest from Louisville who heads the Kentucky Coalition to Abolish the Death Penalty. However, Schneider's fellow prosecutors were critical of his request to step aside in the case of Patrick Campbell and Jonathon Nolan, who are accused of killing a Boyd County couple and setting their house on fire. Calloway County Commonwealth's Attorney Cynthia Gale Cook, who is president of the Kentucky Commonwealth's Attorneys Association, went as far as to say that Schneider should resign if his spiritual beliefs prevent him from discharging the duties of his office. "Prosecutors have a special ethical obligation to seek justice according to the law," she said. "They are bound by an oath of office, which is a promise to the people that they will set aside all personal consideration in the performance of their duties. "The laws of Kentucky require, in certain circumstances, that death be the consequence of murder. A prosecutor who cannot follow the law cannot discharge the solemn obligations of his office, and the remedy for his disability is not retreat ad hoc by appointment of a special prosecutor, but resignation," Cook said. "A prosecutor, like a soldier, cannot flinch." Cook emphasized that she was speaking for herself and not for the association, which she said had not taken a position on the matter. Fayette County Attorney Ray Larson, vice president of the National District Attorneys Association, also said he felt Schneider wasn't fulfilling his oath as a prosecutor by declining to seek the death penalty for Campbell and Nolan. "He (Schneider) is sworn to uphold the Constitution and the laws of the commonwealth," he said. "If he can't do that, I don't know what that means for him." Larson's Web site features an article critical of former Illinois Gov. George Ryan, who commuted the sentences of all the prisoners on that state's death row on his final day in office. Schneider on Wednesday filed a motion asking to be removed from the Campbell and Nolan case and requesting that the Kentucky Attorney General's Office appoint a special prosecutor. Circuit Judge C. David Hagerman still must rule on his recusal request. Schneider, a minister in the Christian Church (Disciples of Christ), said in the motion that he could not in good conscience make the decision whether to seek the death penalty for Campbell and Nolan because of his religious convictions. He also stated that he thought the case would meet the standards that would allow a prosecutor to seek the death penalty, and that "the people have every right to expect that this decision will be made by the prosecutor upon grounds based in Kentucky. Nolan, 24, of Catlettsburg, and Campbell, 21, of Ashland, were indicted Tuesday on 2 counts each of 1st-degree murder, 1 count of 1st-degree arson and one count of tampering with physical evidence. Both men are accused in the slayings of Phillip "Bo" Booth, 32, and his wife, Shonda Booth, 26. The Booths were found dead in their home on 10th Street just outside of Catlettsburg following a fire there. An autopsy revealed that Phillip Booth was shot and stabbed and his wife was stabbed before their home was set on fire. Both were likely dead before the fire started, Kentucky State Police said. The victims' bodies were badly burned and had to be positively identified at the state medical examiner's office in Frankfort, using X-rays and dental records. Campbell and Nolan were arrested at their respective homes shortly after the fire. Neighbors told police they saw the two at the Booths' home and heard gunshots moments before the blaze started. Both men are being held in the Boyd County Detention Center under $1 million bond. While praising Schneider for adhering to his religious convictions, Delahanty said he wished Schneider would have gone ahead and prosecuted the case and sought life in prison without parole, or life without parole for 25 years, as possible punishments. He said Schneider's decision to recuse himself "almost implies that a prosecutor has to seek the death penalty and that's not the case under the law." However, Schneider said he thought to have done that would have been "faithless to my oath to uphold the laws." "I want, to the best of my ability, to keep my word to both sides of my professional life," he said. Schneider also said he thought a special prosecutor could decide what penalty to seek against Campbell and Nolan without interjecting his or her religious beliefs into the matter. It's not all that unusual for prosecutors to refuse to seek capital punishment, said Richard Dieter, executive director of the National Death Penalty Information Center, a Washington, D.C.-based non-profit organization whose focus is research and analysis of capital punishment. For example, he said, Robert Johnson, the district attorney for Bronx, N.Y., came under fire recently because of his office's blanket policy of never seeking the death penalty, Dieter said. The governor intervened in a case against a defendant charged in the shooting death of a police officer and "took the case out of (Johnson's) hands," he said. However, Dieter said he had never heard of a prosecutor disqualifying himself from a case because of its death penalty implications. Schneider, who said he had been commissioned as a minister for about 3 years and "pinch-hits" for pastors who are on vacation, has been commonwealth's attorney since 1993. He has never tried a case in which he has sought the death penalty. He said he reached the decision to withdraw from the Campbell and Nolan case after spending last weekend at a religious retreat. He said he spent the entire weekend praying over the matter and ultimately concluded that he could not serve 2 masters. In his motion for recusal, he cited a verse from the biblical book of I Peter: "If anyone speaks he should do it as one speaking the very words of God. If anyone serves, he should do it with the strength God provides." Schneider said he plans to run again in 2006, and both Dieter and Delahanty said they did not think Schneider's stance on capital punishment would hurt him at the polls. "It's not a make-or-break issue," said Delahanty, who is also associate director of the Catholic Conference of Kentucky. "Voters have opinions, obviously, but they don't elect people based on that." Dieter agreed, citing former New York Gov. Mario Cuomo, who was elected "time and time again" despite his ardent opposition to the death penalty. "I don't think it hurts when people take a moral stance," he said. Schneider said how his stance on capital punishment would affect him politically never entered into his thinking when he was trying to decide whether to step down from the Campbell and Nolan case. "I've always felt my job was to do the best job I can do with the most integrity I can muster," he said. "If that's what the voters want, fine. If not, that's fine, too." (source: The Daily Independent) ILLINOIS: Bad timing may return Sutherland to death row Convicted child rapist and murderer Cecil Sutherland may be wondering why didn't he just stay put. Bad timing may result in Sutherland being one of the 1st prisoners in Illinois to return to prison to face the death penalty. Sutherland spent 11 years on death row for the abduction, rape and murder of 10-year-old Amy Schulz. But in 2000, the Illinois Supreme Court overturned Sutherland's conviction and granted him a new trial. A little more than 2 years later, then-Gov. George Ryan gave clemency to 167 Illinois death row inmates. But because his new trial was pending, Sutherland missed out. After a 67-week trial that cost more than $2 million, Sutherland was again convicted of Schulz's murder. Jefferson County State's Attorney Gary Duncan has said he intends to again seek lethal injection for Sutherland. Sutherland's lawyer, John Paul Carroll, a former homicide detective, won the new trial in 2000 because he said he still believes Sutherland is innocent. "I mean, you have a guy on death row and you win a new trial and a chance at freedom, who's not going to try to do that," Carroll said. "Anyway, how was anyone going to know that the Illinois governor was going to pardon everyone?" Experts from around the country testified in Sutherland's trial, including footwear impression and tire tread experts and scientist who specialized in mitochondrial dog DNA and a statistician with the University of North Carolina. The St. Clair County jury deliberated about 9 hours before finding Sutherland guilty Friday. Testimony will begin Monday to decide whether Sutherland will again face death for his crime. If the jury opts not to give a death sentence, it doesn't necessarily mean Sutherland will face life in prison, Carroll said. Sutherland, 46, would be sentenced under 1989 Illinois law, Carroll said which means he could receive a term of years instead of natural life. If Sutherland does receive anything less than natural life, Carroll said he may also receive day-for-day credit for the time he has served since his arrest in 1987. The last time a St. Clair County jury sent a man to death row was in November 2001. Lorenzo Fayne pleaded guilty to the rape and murders of 5 metro-east children and it took only 3 hours for the jury to decide he should receive the death penalty for his crimes. 14 months later, Fayne's sentence was commuted by Ryan. Fayne, now 33, is currently serving a natural life term at Menard Correction Center in Chester. Dennis Schulz, who started a child advocacy center named for his daughter in Mount Vernon, attended every day of the 2nd trial in St. Clair County and heard for the 2nd time the details of his daughter's rape and murder. Schulz has said he wants the death sentence for Sutherland. "I think the facts will bear out that, in this case, it's called for," Schulz said. (source: Belleville News-Democrat) ************************ The case for more Devine intervention Following his investigation into the now infamous July 2000 fights between guards and inmates at Cook County Jail, Cook County State's Attorney Richard Devine announced his office hadn't uncovered enough evidence to file charges against guards accused by other correctional officers of instigating the fights. 5 inmates allegedly were beaten while shackled and handcuffed in a special wing of the jail. Now, Sheriff Michael Sheahan is asking Devine's office to investigate whether the attorney who represents the five inmates in a lawsuit accusing guards of abuses had conspired with them to stage fights with the guards to score financial damages. According to Sheahan, the attorney, Jean Maclean Snyder, was involved in "a pattern of questionable conduct," including making and receiving phone calls to and from the jail around the times of the fights. Sheahan also is asking for an inquiry into her actions by the state's Attorney Registration and Disciplinary Commission. Snyder, who called Sheahan's allegations "ridiculous," may not have done anything wrong. But considering 3 inmates have given sworn statements that 1 of her clients -- accused double murderer Nathson Fields -- recruited them to fight the guards, there is reason to take a look at her behavior as part of the overall investigation. Snyder certainly didn't adhere to the highest ethical standards in withholding the fact that she was involved in this case in a recent commentary she wrote for the Tribune about the jail's allegedly brutal conditions. There is enough cynicism about the legal justice system without allowing the charges against her to foment -- and without requiring taxpayers who pay for incarcerations and prisoners' legal fees to pay for the settlement of a bogus lawsuit to boot. (source: Editorial, Chicago Sun-Times)
