Judiciary Committee Gets Earful About Killing Death Penalty
"I urge my fellow legislators to vote on what they feel is truly right."
As one of the hottest topics to go before the Judiciary Committee this year, the death penalty bills filled the hearing room with members of the public with vested interest and those testifying. Overall, 63 people testified with 45 in favor of abolishing capital punishment and 18 opposed.
Testimony, which was heard last Monday, came from varied sources, from public defenders to priests to professors, from legislators to field experts to national figures. Each presented his or her case passionately, with civility and patience.
To give a play-by-play would be undoubtedly soporific, so I will focus on the more poignant moments.
While Dr. William Petit was there to testify, he did not speak of his view on the death penalty itself, perhaps because he has been outspoken about it in the past. Instead, he voiced his support for SB 1029, which would allow for victim impact statements in death penalty cases. Such statements are allowed in any other case, but barriers exist which prevent them from being presented in a case of capital punishment, while the defendant can issue an effective impact statement on his behalf. Though this is clearly a sensible bill, it will become moot should the death penalty be abolished. Conceivably for Dr. Petit, this was a more subtle jab at the prevailing issue of the day.
Dr. Petit’s sister and father, however, were moving in their testimony supporting the death penalty, as was Linda Binnenkade, the sister-in-law of Barry Rossi, one of the victims in a triple homicide in Windsor Locks in 2003.
On the other side of the table was Dr. Gail Canzano, whose brother-in-law was a Connecticut murder victim. She brought with her a letter to the General Assembly with 81 signatories of family members of Connecticut murder victims. They were all firm in their belief that the death penalty has failed them and that the system cannot be fixed.
Many people know that despite the fact that Connecticut has the death penalty as an option for capital murders, it has only been used once in the past 50 years. And many would agree that this is because of the lengthy appeals process. The one execution occurred after the defendant dropped his appeal.
Rep. Jeffrey Berger (D-73rd District) questioned Chief Public Defender Susan O. Storey as to why we could not shorten the appeals process. Her answer, as she put frankly, was that it would be “almost impossible” to do so, and that you can “only shorten the appeals process so much” and still keep it “constitutional.”
I’d bet that Ms. Storey would argue that one reason a shortened appeals process could be considered unconstitutional is that it leaves open the possibility of an innocent person being put to death.
Enter Barry C. Scheck, co-director of the Innocence Project, an organization founded in 1992 to prove innocence via DNA testing. Many people now contend that DNA testing is sophisticated enough that all death penalty trials should be an open and shut case. However, according to Mr. Scheck, at most only 5 percent of all serious felony cases have biological evidence of which DNA can be obtained. This means that evidence other than DNA is being considered in 95 percent of all such cases.
Mr. Scheck emphasized the human element of such a process, citing “mistaken eyewitness identification, bad lawyers ... prosecutorial or police misconduct” as examples of how wrongful convictions can occur, and that “DNA is not a protection against that.”
As much support as repeal of the death penalty has gotten in the legislature in recent years, there are several Democrats who have come out against it. Rep. Steven Mikutel (D-45th District) testified that to repeal would go against the will of the people, as most in Connecticut are in favor of the death penalty.
Another valid argument brought forth by opponents of repeal was that, though the bills set forth by the Judiciary Committee propose that repeal be prospective. Meaning that anyone currently on death row would remain on death row and the death penalty would not be an option for those convicted of capital crimes from this point forward. In effect, those on death row would be facing “cruel and unusual punishment” and to follow through with execution would be a violation of the 8th amendment of the U.S. Constitution. This would surely cause litigation in and of itself, explained in detail in several testimonies, including that of Professor Robert Blecker of New York Law School.
The arguments from both sides are compelling and the moral implications, both positive and negative, are deeply entrenched in opposition as well as support. I urge my fellow legislators to vote on what they feel is truly right.
George Kenyon
3:13 pm on Monday, March 14, 2011
The prevailing fact here is a strong majority of state residents do not want the death penalty abolished, a recent poll shows that number at just about 70%. Any action by legislature to abolish it at this point would show that these law makers are not upholding their oaths to represent their constituents. The residents of CT have been loud and clear on the death penalty. So instead of attempts to abolish it, time should be better spent, fixing it.
Joanne Acabbo
3:20 pm on Monday, March 14, 2011
I am in favor of the death penalty; but, not in favor of the long process of the appeal system. Unfortunately, the process goes on for years and years, leaving the victim's family in a state of limbo awaiting the final act of justice.
I was not aware that victim statements, SB1029, are not allowed in death penalty cases. Why? The family should have the right to face and voice their feelings about the horrific event that has brought them to this day in court. Too often the victim and their family is forgotten in favor of the criminal's rights. Where were the victims rights on the day they died? It seems a small action for those not intimately involved; but a huge statement for the family to finally have their say! Please consider voting in favor of allowing families to have a victim's impact statement in death penalty cases. Obviously, the death penalty has to remain on the books in CT. and therefore, the death penalty should remain the highest form of punishment.
Laura Porter
8:06 pm on Monday, March 14, 2011
I don't understand the opponents of death penalty repeal making the argument that a prospective bill will affect the cases already on death row. As you pointed out no one in the state gets executed at all no matter what unless they give up their appeals and want to die. Our state never does it ever. So why would we want to put the victim families through years of intense media attention with no end in sight. At least a sentence of life without possibility of release begins right away. As you pointed out we can't shorten the process knowing that our state has also wrongfully convicted people that then took two decades to come to light. The death penalty is a disaster and a waste of our valuable resources.
George Kain
8:29 pm on Monday, March 14, 2011
It seems ludicrous that in an era of fiscal constraint that we would waste our money on a punishment so infrequently imposed and even less carried out, in light of where the monetary savings could be better utilized. As Atty. Sheck pointed out, there is new evidence that the "science" that has been used in criminal cases to obtain convictions is coming under intense scrutiny, just as forensic labs have been found to have issued incorrect findings/conclusions, while severely backlogged and lacking in the scientific advancements that are being discovered. The money we save could be used to update these labs (which would lead to more secure convictions), more money for police training and retention (for programs/initiatives that we know work), and for providing victim services which we know are severely lacking. The recognition of these issues is in large part that which led the State of Illinios to abolish their death penalty just last week. The money that they will save will be redirected to police training and victim services. There is much that we can learn from simply opening our eyes to what the rest of the country is doing, rather than focusing on a single case which has distorted our ability to think clearly and act rationally.
Gigi O'Dee
8:59 pm on Monday, March 14, 2011
"Atty Sheck." Sheck lost all credibility when he participated in the defense of OJ Simpson. He admitted at the Death Penalty hearing last week that his work on the Dream Team was not his proudest moment. Why not, I wonder?
mona cadena
9:26 pm on Monday, March 14, 2011
I want my tax dollars to be spent on preventing crime and making sure our police officers have the resources they need to keep my neighborhood safe. I want my police officers well trained and I want our state to be able to afford to put a critical mass of them on the streets. The death penalty is a distraction from the real work of keeping us safe.
MissConduct
9:42 pm on Monday, March 14, 2011
It's really very simple: you speed up the appeals process, and eventually an error will be made. When are we going to stop tinkering with this failure of a public policy? It doesn't work in Connecticut -- it doesn't work ANYWHERE. States with the death penalty have higher murder rates than those without. All this time and energy spent arguing about how to fix something that can't be fixed. It's time to move on.
Sheila Denion
10:31 pm on Monday, March 14, 2011
The death penalty is poor public policy and it cannot be "fixed." It is biased racially, economically, and geographically. It runs the risk of executing the innocent. It doesn't make us safer and it does nothing to benefit the families of murder victims. The money wasted on this unnecessary killing could be better spent on law enforcement and aid to victims' families. In the final analysis, the only credible reason to support the death penalty is vengeance.
Skip Thomas
1:29 pm on Tuesday, March 15, 2011
It is unfortunate that a few lawyers who oppose the death penalty have figured out that they can log jam the process so much that the majority just give up.
Allyson D. Platt
6:04 pm on Tuesday, March 15, 2011
While watching the judiciary committee hear testimony on another bill unrelated to capital punishment, I felt proud. These men and women, voted into the legislature by Connecticut citizens, are leaders in public policy and have a moral compass that is often denied or belittled in politics unless it is to beat a blind patriotic drum. As evidenced by the patient listening to long hours of testimony on the death penalty bills, these legislators not only represent Connecticut voters, but also want to hear what they have to say on particular legislation. The polls claiming CT residents support the death penalty are taken out of context, or are of limited context: the reality is that when those taking polls are offered "life without parole" as an option for certain offenders, the support for capital punishment drops significantly. This is most profoundly evidenced by the highly emotional issue of the heinous Cheshire murders: in our outrage we cry for revenge, which will neither bring back those murdered nor ease the suffering hearts of those they've left behind, as other murder victims' family members have testified. Those who declare the US the "greatest nation" should work harder to eliminate capital punishment, as it is shameful that among the most civilized nations in the world, we rank so low on human rights, due in part to our continued use of capital punishment.
mjzd
10:48 pm on Tuesday, March 15, 2011
Good Grief!! Enough already! These committee members were elected to represent the people of this good state. So has the governor. This issue should be decided by the people and the question should be on the ballot come election day.
Sign me a FED UP VOTER.
bette
11:40 pm on Tuesday, March 15, 2011
If i knew that murders would be put into isolation with the pictures of the person they murdered on the wall, if i knew they had no access to tv or books or family, no access to exercise. three minimal meals a day, i might consider no death penality. but they can write letters see their families eat well, make friends practice their religion and god knows what else. my daughter is a pile of ashes she can do nothing. her children cant visit her, i cant hug her one more time. so until they change death row i say they deserve to die.