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Via Workers World News Service
Reprinted from the Dec. 5, 2002
issue of Workers World newspaper
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Virginia kills quicker

ASHCROFT PICKS STATE TO TRY SERIAL SUSPECTS

By Phil Wilayto
Richmond, Va.

It came as no great surprise when U.S. Attorney General John 
Ashcroft announced that Virginia would be the first 
jurisdiction to try sniper suspects John Allen Muhammad and 
John Lee Malvo.

The two are charged or suspected in a string of shootings 
across the country that left 14 people dead and seven 
wounded. Where they would be tried first was Ashcroft's 
call, because the suspects were in federal custody. Ashcroft 
made no bones about his criteria: whichever jurisdiction 
could execute them the fastest.

Virginia won, hands down.

"Virginia, of all the jurisdictions, is the place where we 
have a death penalty statute that has stood the test of 
time," argued Fairfax County's Commonwealth's Attorney 
Robert F. Horan Jr., who was hand-picked by Ashcroft to 
prosecute Muhammad.

Horan knows his statutes. Virginia has the shortest delay 
between sentencing and execution, the most insurmountable 
appeal process and is quite willing to put minors to death--
an important consideration in this case, since Malvo is only 
17.

In fact, after Texas, Virginia has executed more people than 
any other state. When considered on a per capita basis, it 
has executed more than Texas.

Then again, Virginia has had more death penalty experience 
than any other state.

According to Michael H. Reggio's "History of the Death 
Penalty" (PBS Web site), the first legal execution of a 
convicted criminal in the English North American colonies 
took place in 1622 in Virginia.

And, as befitting the state that developed the modern-day 
system of chattel slavery, the vast majority of Virginia's 
death penalty victims have been of African descent -- more 
than 85 percent of the 236 people executed here before the 
U.S. Supreme Court declared the death penalty 
unconstitutional in 1972. This, in a state where today only 
one in five residents is Black.

In April of 2000, the American Civil Liberties Union 
released a 40-page report examining the death penalty in 
Virginia since the ban on executions was lifted in 1977. 
Among its findings:

* Race remains "a controlling factor" in the way the death 
penalty is administered. For example, Black people convicted 
of killing whites are "significantly more likely to be 
sentenced to death" than whites who kill Blacks.

* Virginia "still has no enforceable means of ensuring that 
competent lawyers are appointed to represent indigent 
capital defendants." That's important, since 97 percent of 
those sentenced to death could not afford their own lawyers.

* The Virginia Supreme Court has reversed fewer death 
sentences than any other state supreme court, and has never 
granted a petition for habeas corpus in a capital case.

* In recent years, the state has "repeatedly set national 
records for speedy executions."

Southern Christian Leadership Conference President Dr. 
Joseph E. Lowery once noted that, "By reserving the death 
penalty for Black defendants, or for the poor, or for those 
convicted of killing white persons, we perpetuate the ugly 
legacy of slavery--teaching our children that some lives are 
inherently less precious than others."

That pretty much sums up the use of the death penalty in 
Virginia. n

- END -

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