Connecticut

Conn. Ends Death Penalty, But Not For 11 Men On Death Row

april 7 , source : http://www.thedailybeast.com

Can you call it abolition if you’re still executing people? David R. Dow considers Connecticut’s hair-splitting new law, and wonders whether our focus on innocence is to blame.

On the website of The New York Times, there’s an old photo of a man named William Petit standing next to his wife, Jennifer, and their two daughters, Hayley and Michaela, 17 and 11. They look peaceful and content, a portrait of happiness

Dr. Petit is the only one of the four still alive. On Aug. 6, 2007, his wife and daughters were brutally murdered in their Cheshire, Connecticut home. The manner of their shocking deaths helps explain an otherwise bizarre development: The Connecticut legislature is going to abolish the death penalty, but not until the Petit killers are put to death.

In a crime so chilling that even some death-penalty opponents I know reconsidered their opposition, Steven Hayes and Joshua Komisarjevsky entered the Petit house at three in the morning. They beat Dr. Petit unconscious with a baseball bat, tied him up in the basement, and went upstairs. There, Hayes raped Jennifer while Komisarjevsky attacked Michaela. The men strangled Jennifer to death and tied the girls to their beds. Then they set the house on fire.

With his legs still bound, Dr. Petit broke out of the basement and stumbled across the yard.  He screamed to his neighbor for help. Twelve hours later, Hayes and Komisarjevsky were under arrest. Connecticut juries sentenced both men to death.

And now they are the last two men to be sentenced to death in the state, because last week, by a vote of 20 to 16, the Connecticut Senate voted to abolish the death penalty. The bill will now move to the House, where it is certain to pass, before being signed by Gov. Daniel Malloy.

Yet Hayes and Komisarjevsky, along with nine other inmates, remain on Connecticut’s death row, their sentences unaffected by the new law. How can that be? How is it possible for a legislature to decide that the death penalty should be eliminated, but only after we first execute 11 more men?

The morality of the death penalty has nothing to do with error. It is not even about deterrence; and for most people, it is not about cost. It is about belief.

Home Invasion

I believe the answer to that question has to do with two troubling features of the modern anti-death-penalty movement. The first is the excessive reliance on the concept of innocence. The second is the often tepid, tone-deaf response from the abolitionist community to unspeakable crimes like the one that destroyed the Petit family.

The innocence revolution—driven largely by advances in DNA analysis—has been undeniably dramatic. Forty-four states now have innocence projectsdevoted to identifying and helping gain the release of innocent prisoners. Nationwide, nearly three hundred men have walked out of prison exonerated, after DNA proved beyond question we sent the wrong man to jail.

And as these cases began to permeate the public consciousness, death-penalty opponents seized on them as a tactic: None of those 289 exonerated inmates, they said, would have been released if he had been executed. The possibility of error became the central argument in the abolitionist brief.

Measured along one metric, the tactic has paid off: When the most recent abolition becomes official, Connecticut will be the fifth state in the past five years (along with New York, New Jersey, New Mexico, and Illinois) to have repealed the death penalty.

But that metric does not tell the full story. Connecticut has not actually executed anyone since Michael Ross, who waived his appeals, was put to death almost seven years ago. Before Ross, the state had not executed anyone in more than 30 years.  In Illinois, New York, New Jersey, and New Mexico, there were a combined 26 people on death row when capital punishment was stricken from the books.

In contrast, in the remaining death penalty states, more than three thousand men await execution.

With Connecticut now on the abolition side of the ledger, only 10 of the 33 states with a death penalty have executed someone in the past five years. Meanwhile, Texas alone has executed nearly half the people put to death in America since 2007 (102 out of 232).

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Connecticut may be latest state to repeal death penalty

april 5 2012

(CNN) — The Connecticut Senate on Thursday voted to repeal the death penalty, setting the stage for Connecticut to join several states that have recently abolished capital punishment.

In the last five years, New Jersey, New Mexico, New York and Illinois have repealed the death penalty. California voters will decide the issue in November.

The bill now goes to the House of Representatives, where it is also expected to pass. Gov. Dannel Malloy, a Democrat, has vowed to sign the measure into law should it reach his desk, his office said.

“For everyone, it’s a vote of conscience,” said Senate President Donald Williams Jr., a Democrat who says he’s long supported a repeal. “We have a majority of legislators in Connecticut in favor of this so that the energies of our criminal justice system can be focused in a more appropriate manner.”

In 2009, state lawmakers in both houses tried to pass a similar bill, but were ultimately blocked by then-Gov. Jodi Rell, a Republican.

Capital punishment has existed in Connecticut since its colonial days. But the state was forced to review its death penalty laws beginning in 1972 when a Supreme Court decision required greater consistency in its application. A moratorium was then imposed until a 1976 court decision upheld the constitutionality of capital punishment.

Since then, Connecticut juries have handed down 15 death sentences. Of those, only one person has actually been executed, according to the Death Penalty Information Center, a nonpartisan group that studies death penalty laws.

Michael Ross, a convicted serial killer, was put to death by lethal injection in 2005 after giving up his appeals.

“It’s not a question of whether it’s morally wrong, it’s just that it isn’t working,” said Richard Dieter, the group’s executive director. “I think when you hear of 15 to 20 years of uncertain appeals, that’s not closure and that’s not justice. It’s a slow, grinding process.”

Eleven people are currently on death row in Connecticut, including Steven Hayes and Joshua Komisarjevsky, who both were sentenced for their roles in the 2007 murders of the Petit family in Cheshire, Connecticut.

The high-profile case drew national attention and sparked conversations about home security and capital punishment. In vetoing the measure to eliminate the death penalty in 2009, Rell cited the Cheshire deaths.

Dr. William Petit, the sole survivor in that attack, has remained a staunch critic of repeal efforts.

“We believe in the death penalty because we believe it is really the only true, just punishment for certain heinous and depraved murders,” Petit told CNN affiliate WFSB.

Advocates of the existing law say capital punishment can act as a criminal deterrent and provides justice for victims.

Opponents say capital punishment is often applied inconsistently, can be discriminatory and has not proven to be an effective deterrent. They also point to instances in which wrongful convictions have been overturned with new investigative methods, including forensic testing.

“Mistakes can be made and you may not know about it until science later exposes them,” said Dieter.

But a recent Quinnipiac poll found that 62% of Connecticut residents think abolishing the death penalty is “a bad idea.”

“No doubt the gruesome Cheshire murders still affect public opinion regarding convicts on death row,” said Quinnipiac University Poll Director Douglas Schwartz.

That number jumps to 66% among Connecticut men, and drops to 58% among the state’s women, according to the poll.

The Senate’s proposed law is prospective in nature, meaning that it would not apply to those already sentenced to death.

NAACP President Visits Connecticut To Campaign Against Death Penalty

march, 29 2012  source : http://www.courant.com

video “news” : click here 

HARTFORD — The leader of the NAACP came to the state Capitol Thursday to press for repeal of Connecticut’s death penalty.

NAACP President Benjamin Jealous said Connecticut is a key state in the association’s strategy to eliminate capital punishment nationwide.

Sixteen states have repealed capital punishment, most recently New Jersey, New Mexico and Illinois.

“We have 10 more states before we can go to the Supreme Court,” Jealous told reporters at an afternoon press conference just outside Gov.Dannel P. Malloy’s office.

To end the practice, the court would have to determine that the death penalty is not just cruel but also unusual, Jealous said. And one measure of “unusual” is that the majority of states have outlawed it, he said.

Jealous acknowledged that the campaign to end capital punishment likely would not meet a great deal of success in the legislatures of Georgia, Texas and South Carolina. Instead, the group is focusing its efforts on states that it believes would be more amenable to scrapping the death penalty, such as Maryland, California and Connecticut, where lawmakers passed a repeal bill in 2009 only to have it vetoed by Gov.M. Jodi Rell.

On Thursday, Jealous stood alongside Rell’s replacement, Malloy, who has said he would sign a bill that replaces the death penalty with life in prison without the possibility of release. Such a bill cleared the legislature’s judiciary committee earlier this month, but its fate remains uncertain because at least three key state senators have indicated they are conflicted about it.

If approved, the ban would apply to future cases; capital punishment would be preserved for the 11 men currently on death row in Connecticut. The state executed only one man in the past 50 years.

During his visit to Hartford, his fifth in recent years, Jealous met with Senate President Pro Tem Donald Williams, a supporter of the repeal bill.

“We are on a mission at the NAACP to finish the work of Thurgood Marshall and W.E.B. Du Bois,” Jealous said.

Malloy, a former prosecutor, said that he used to be somewhat ambivalent on the death penalty but that working in the criminal justice system convinced him that capital punishment is wrong.

“I think everybody in the state of Connecticut knows what my position is,” Malloy said. “Ben didn’t have to travel all this way to convince me … but I was certainly happy to have a discussion about this item.”

Malloy said he is available to talk to those legislators still struggling with the issue. But he also suggested that the death penalty is a matter of conscience, not public opinion polls, for individual lawmakers.

“If [we] had taken a poll on civil rights in the United States in 1962, we’d still have Jim Crowe laws,” Malloy said.

Sen. John Kissel, an Enfield Republican and one of the strongest defenders of preserving the state’s death penalty, said he, too, votes his conscience. But, he added, “I still believe it’s important [tool] in our criminal justice system.”