DPIC News

Pennsylvania Death Penalty Costs Estimated at $350 Million

In a series of articles analyzing Pennsylvania's death penalty, the Reading Eagle found that taxpayers have spent over $350 million on the death penalty over a period in which the state has carried out just three executions, all of inmates who dropped their appeals. Using data from a Maryland cost study, which concluded that death penalty cases cost $1.9 million more than similar cases in which the death penalty was not sought, the newspaper estimated that the cases of the 185 people on Pennsylvania's death row cost $351.5 million. The paper said the estimate was conservative because it did not include cases that were overturned, or cases where the prosecutor sought the death penalty but the jury returned another sentence. Pennsylvania legislators commissioned a cost study in 2011, but the report has not been issued. Senator Daylin Leach, one of the legislators who called for the state report, said he will reintroduce a bill to repeal the death penalty. Even supporters of the death penalty agreed that the costs are a problem: "Definitely, the death penalty extremely strains our resources," said Berks County District Attorney John Adams. Judge Thomas Parisi, also of Berks County, said he believed there was an astronomical cost difference between the average death penalty case and a life-sentence case.

Texas Judge Orders State to Reveal Execution Drug Supplier

On December 11 District Judge Darlene Byrne ruled that the source of Texas' lethal injection drugs is a matter of public record, and the state should release the information. Texas has been obtaining pentobarbital from an unnamed compounding pharmacy. The decision resulted from a suit filed earlier this year on behalf of death row inmates, two of whom have since been executed. Texas had been open about the source of its execution drugs until May, when Attorney General Greg Abbott decided that releasing the identity of the drug supplier could be a safety risk. Maurie Levin, one of the attorneys who filed the suit, said, "This is about the drugs, but it's also about open government." Similar suits have been filed in Oklahoma, Missouri, and Ohio, where drug suppliers are also shielded by secrecy policies. The Texas Department of Criminal Justice plans to appeal the decision.

Oklahoma Warden Called Recent Execution a "Bloody Mess"

Attorneys for several inmates in Oklahoma have asked a federal court to stay their executions and presented new accounts of the botched execution of Clayton Lockett (pictured) as evidence the state's execution procedure is unconstitutionally cruel. The recent filing included statements describing the execution from the warden, an attending paramedic, and a victims' services advocate who witnessed the execution. Warden Anita Trammell called the execution, "a bloody mess," and said, "I was kind of panicking. Thinking oh my God. He’s coming out of this. It’s not working.” Edith Shoals, a victims' services advocate for the Department of Corrections, witnessed the execution from an overflow room and said, “It was like a horror movie … [Lockett] kept trying to talk.” The paramedic who participated in the execution described the doctor's failed attempts to insert an IV, saying, "I don’t think he realized that he hit the artery and I remember saying you’ve got the artery. We’ve got blood everywhere." Lockett was pricked at least 16 times in attempts to insert the IV. The doctor declined to set a backup IV line, as called for in the execution protocol, explaining, "We had stuck this individual so many times, I didn’t want to try and do another line." Mike Oakley, a former general counsel for the Department of Corrections, said "political pressure" played a role in the selection of execution drugs. “[T]he attorney general’s office, being an elective office, was under a lot of pressure. The, the staff over there was under a lot of pressure to, to say, ‘Get it done,’ you know, and so, yeah, I, I think it was a joint decision but there was, I got to say there was a definite push to make the decision, get it done, hurry up about it.”

COSTS: Capital Cases in Nevada Much More Expensive Than Non-Death Penalty

A recent study commissioned by the Nevada legislature found that the average death penalty case costs a half million dollars more than a case in which the death penalty is not sought. The Legislative Auditor estimated the cost of a murder trial in which the death penalty was sought cost $1.03 to $1.3 million, whereas cases without the death penalty cost $775,000. The auditor summarized the study's findings, saying, "Adjudicating death penalty cases takes more time and resources compared to murder cases where the death penalty sentence is not pursued as an option. These cases are more costly because there are procedural safeguards in place to ensure the sentence is just and free from error." The study noted that the extra costs of a death penalty trial were still incurred even in cases where a jury chose a lesser sentence, with those cases costing $1.2 million. See Chart below.

VICTIMS: Boston Bombing Trial Could Cause More Trauma

In an op-ed in the Boston Herald, Michael Avery, professor emeritus at Suffolk University Law School, whose sister and niece were murdered 30 years ago, suggested that a plea bargain might be a better ourcome for all concerned in the case of Dzokhar Tsarnaev, the defendant in the Boston Marathon bombing. A trial, he said, would be painful for victims and survivors: "Boston will relive every tortu[r]ous moment of the bombing, over and over, probably for weeks...if Tsarnaev is convicted, we’ll have a second trial on the penalty. The defense lawyers will present evidence in mitigation of the death sentence. We’ll suffer through two Chechen wars, a Russian occupation, and a psychoanalysis of the defendant.” He reflected on his own experience when his sister’s killer was put on trial: "Although I’m a lawyer, I didn’t go, and I didn’t read the Florida papers reporting the evidence. I couldn’t have handled it. My heart goes out to the people who won’t be able to handle the Tsarnaev trial. They won’t be able to avoid the massive publicity.” He urged Attorney General Eric Holder to spare all of Boston further trauma by accepting a guilty plea and a sentence of life in prison. Read the full op-ed below.

POLL: Americans Oppose Death Penalty for Mentally Ill by 2-1

A new poll found that Americans oppose the death penalty for people with mental illness by more than a 2-1 margin. According to Public Policy Polling, 58% of respondents opposed capital punishment for people with mental illness, while only 28% supported it. Professor Robert Smith, an assistant professor of law at the University of North Carolina who commissioned the poll, said, "Today's important polling is part of significant new research which clearly shows an emerging consensus against using capital punishment in cases where the defendant is mentally ill. ... Combining this public polling, sentencing practices, and the recommendations of the mental health medical community, it's clear that a consensus is emerging against the execution of a person like Scott Panetti, who suffers from a debilitating (mental) illness ...." Opposition to the execution of people with mental illness was strong across lines of race, gender, geographic region, political affiliation, and education. Democrats (62%), Republicans (59%) and Independents (51%) all opposed the practice. The results echo the growing number of prominent leaders speaking out against the execution of Panetti in Texas, scheduled for December 3.

Duval County, Florida, Leader in Death Sentences

“Counties"(Click to enlarge) According to a report by the Christian Science Monitor, Duval County, Florida, has the highest per capita rate for inmates on death row of any U.S. county. Duval has sentenced one person to death for every 14,000 residents. It is among the 2% of counties in the U.S. reponsible for a majority of all inmates on death row as of 2013, as described in DPIC's report, The 2% Death Penalty. Duval County ranked 8th, with 60 inmates on death row. Duval has handed down 14 death sentences in the last 5 years. As a s state, Florida had the second highest number of death sentences in 2013, behind only California. Florida's unusual sentencing procedures, which allow a simple majority of the jury to recommend a death sentence, may explain some of Duval's high sentencing numbers, but experts also point to cultural factors. Seth Kotch, a historian from the University of North Carolina, said, "We know that the best predictor of execution is previous execution, which suggests that a courthouse or a county can get into a habit of doing things, and those habitual behaviors are informed by cultural cues about crime and punishment.”

NEW VOICES: Texas Appellate Judge Denounces Death Penalty and Upcoming Execution

On Nov. 26, Judge Tom Price dissented from the Texas Court of Criminal Appeals' denial of relief for Scott Panetti:
"Having spent the last forty years as a judge for the State of Texas, of which the last eighteen years have been as a judge on this Court, I have given a substantial amount of consideration to the propriety of the death penalty as a form of punishment for those who commit capital murder, and I now believe that it should be abolished. I, therefore, respectfully dissent from the Court's order denying the motion for stay of execution and dismissing the subsequent application for a writ of habeas corpus filed by Scott Louis Panetti, applicant. I would grant applicant's motion for a stay of execution and would hold that his severe mental illness renders him categorically ineligible for the death penalty under the Eighth and Fourteenth Amendments to the United States Constitution."

FBI Reports Continued Decline in Police Officers Killed

On November 24, the FBI released a report on law enforcement officers killed in the line of duty in 2013. Twenty-seven (27) officers were killed in "felonious acts," a 45% drop compared to 2012, when 49 officers were killed, and a 53% decline since 2004. Most (15) of the 27 officers killed were in the South, with Texas having the highest number of any state (6). Six officers were killed in the West, four in the Midwest, and only two in the Northeast. California had the second highest number, with 5. In 26 out of the 27 incidents, officers were killed by firearms. Forty-nine (49) other officers died as a result of accidents.

Growing Opposition to Execution of Severely Mentally Ill Inmate in Texas

Commentary on Scott Panetti's scheduled execution on December 3 in Texas:

"By any reasonable standard — not to mention the findings of multiple mental-health experts over the years — Mr. Panetti is mentally incompetent...A civilized society should not be in the business of executing anybody. But it certainly cannot pretend to be adhering to any morally acceptable standard of culpability if it kills someone like Scott Panetti."
-N.Y. Times, Nov. 23, 2014

"In a 1986 decision, the Supreme Court said that executing the insane served no purpose and would be 'savage and inhumane.' Today, no words could better describe the state’s plans to strap Panetti to a gurney and end his tortured life."
-Dallas Morning News, Nov. 23, 2014

"[W]e believe that executing a person as severely and persistently ill as Scott Panetti would only compound the original tragedy, represent a profound injustice, and serve no useful retributive or preventive purpose."
-National Alliance on Mental Illness, Nov. 17, 2014

"The European Union strongly believes that the execution of persons suffering from a mental disorder is contrary to widely accepted human rights norms and is in contradiction to the minimum standards of human rights set forth in several international human rights instruments, as well as being prohibited by the US Constitution."
-European Union, Nov. 14, 2014

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