Leahy, New Chairman Of Judiciary Committee,
Puts Death Penalty Reform on Congress's Front Burner
June 27, 2001
WASHINGTON (June 27) -- A year-long project
launched by Vermont’s Senator Patrick Leahy to fix problems that have led to
close calls on death row is picking up fresh steam now that Vermont’s senior
senator chairs the committee handling the issue, the Senate Judiciary Committee.
Leahy Wednesday convened his first hearing on
his Innocence Protection Act, and he picked up new support for the bill,
including an endorsement from one of the lead prosecutors in the Oklahoma City
bombing trials of Timothy McVeigh and Terry Nichols, attorney Beth Wilkinson.
Leahy’s hearing today focused on a centerpiece
of the bill: reforms to make sure that those facing the death penalty get
competent lawyers. Leahy cites many cases in which lawyers in death penalty
cases have been found to have slept through trials, come to court drunk, or have
had histories of disciplinary action for past mistakes. Another part of Leahy’s
reform package would ensure access to DNA tests when they can prove a death row
inmate’s guilt or innocence.
Much like his decade-long crusade against
landmines, Leahy has built step-by-step support for his bill, enlisting both
Republicans and Democrats, as well as supporters and opponents of the death
penalty. By now, more than 200 members of the House – nearly half of the
Congress – have cosponsored the House version of Leahy’s bill (including
Congressman Bernie Sanders). Senator Jim Jeffords is a cosponsor of Leahy’s
bill in the Senate. Now that he chairs the Judiciary Committee, he is taking the
project into higher gear.
Also today, a nonpartisan blue ribbon commission
on death penalty problems released its report, echoing the solutions called for
in Leahy’s bill.
ADDITIONAL BACKGROUND
ON TODAY’S HEARING BY SEN. PATRICK LEAHY
ON HIS DEATH PENALTY REFORM PACKAGE
SUMMARY OF COMPETENT COUNSEL PROVISIONS. The
Innocence Protection Act (IPA) is a catalyst for state-based reforms. It would
establish a national commission to formulate minimum standards for competent
counsel at each stage of a capital case. The bill uses a "carrot and
stick" approach to ensure that the new counsel standards are met. The
"carrot" is more than $50 million in grants to help put the new
standards into effect. The "stick" for states that fail to meet the
standards: (1) withholding of a portion of their federal prison grant; and (2)
more rigorous federal court review in habeas proceedings (e.g., state court
findings would not be entitled to a presumption of correctness). The bill
already has been used a model for state reforms (in California, for example).
WITNESSES
PANEL I
1. Sen. Gordon Smith (R-Ore.), chief Senate
Republican cosponsor of Leahy’s Innocence Protection Act (IPA); supports the
death penalty (submitted written testimony)
2. Sen. Susan Collins (R-Maine), cosponsor of
IPA; opposes death penalty
3. Rep. William Delahunt (D-Mass.), chief
Democratic sponsor of IPA in House; opposes death penalty
4. Rep. Ray LaHood (R-Ill.), chief Republican
cosponsor of IPA in House; supports death penalty
PANEL II
Leahy witnesses:
1. Michael Graham. Released from Louisiana’s
death row on December 28, 2000, after serving 14 years for a double homicide he
did not commit. Given $10 and an oversize coat and sent on his way. The State AG
dismissed the charges against Graham and his codefendant, saying that there was
"a total lack of credible evidence" linking them to the crime.
2. Rodney Ellis. Texas State Senator. Sen. Ellis
sponsored the recently passed Texas Fair Defense Act, which provides that
attorneys be appointed within three days after a defendant requests one, and
that the attorney meet minimum standards of representation. He also sponsored a
bill to ban executions of the mentally retarded, which Gov. Perry vetoed last
week.
3. Beth Wilkinson. One of the lead prosecutors in
the Oklahoma City bombing trials, now a partner at Latham & Watkins, and
Co-Chairman of the Constitution Project’s Death Penalty Initiative – a blue
ribbon commission of death penalty supporters and opponents that has been
looking into the death penalty system. She will describe that organization’s
findings and recommendations, which will be released on the morning of the
hearing.
4. Stephen Bright. Director of the Southern
Center for Human Rights and a leading expert in capital representation. He will
tell the story of a recent exoneree out of Alabama, Gary Drinkard, who will be
in the audience, accompanied by his attorneys.
Hatch witnesses:
1. Ron Eisenberg. An Assistant District Attorney
in Philadelphia, and a critic of the Innocence Protection Act.
2. William H. Pryor Jr. Attorney General of
Alabama.
3.Kevin Brackett, Deputy Solicitor, 16th Circuit, South Carolina
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