News and Developments 2005: Federal Death Penalty

On November 7, the U.S. Supreme Court agreed to hear cases in two areas that could have broad implications for many defendants facing the death penalty.  In Hamdan v. Rumsfeld, No. 05-184, the Court will rule on the constitutionality of the military tribunals established by President Bush following the September 11, 2001 terrorist attacks.  A U.S. District Court had halted the military trial of Salim Ahmed Hamdan, who had been captured in Afghanistan, because the trial violated domestic law and U.S. international treaty obligations.  This decision was overturned by the U.S. Court of Appeals for the District of Columbia Circuit.  Hamdan is charged with conspiracy, murder and terrorism.  Under the current military tribunals, the government may seek the death penalty for certain offenses.  Chief Justice John Roberts has recused himself from the case because he was part of the panel of judges in the prior decision. (N.Y. Times, Nov. 8, 2005).

Several provisions contained within the U.S. House of Representatives version of legislation to reauthorize the USA Patriot Act anti-terrorism law aim to dramatically transform the federal death penalty system by allowing smaller juries to decide on executions and giving prosecutors the ability to try again if the jury deadlocks on sentencing. The legislative changes, sponsored by Texas Congressman John Carter, would also triple the number of terrorism-related crimes eligible for the death penalty.

Carter's amendment, called the Terrorist Death Penalty Enhancement Act,  would add 41 crimes to the 20 terrorism-related offenses currently eligible for capital punishment. It would also make it easier for prosecutors to seek a capital conviction in cases where the defendant did not have the intent to kill. In addition, the provisions would allow a trial with fewer than 12 jurors if the court finds "good cause," with or without the agreement of the defense team. Lastly, it would give prosecutors the chance to retry cases if a jury is deadlocked over a death sentence. Currently in federal death penalty cases, a hung jury at sentencing automatically results in a life sentence, a system that is used in all but 5 of the 38 U.S. states that have capital punishment.

The parents and three children of Louisiana murder victim Kim Groves have asked the federal government to forgo seeking the death penalty for co-defendants Paul Hardy and Len Davis.  In a letter to prosecutors, the Groves family urged U.S attorneys to halt proceedings that  might lead to death sentences in rehearings for both defendants.

"Executing these two men will not bring Kim Groves back to life. It will not ease the deep sorrow and loss that her family has and will continue to experience as a result of her death...Perversely, it appears that he (Davis) has enjoyed the attention and notoriety which his vulnerability to the death penalty has provided. The family believes the death penalty would in fact be the lesser of the punishments and that the finality and duration of a life sentence would be much more difficult and severe to Mr. Davis, in particular, than death," the letter stated.

The letter, which was also addressed to U.S. Attorney General Alberto Gonzales, was entered into the court record last week.   The presiding judge ruled that if prosecutors have family members testifying about the facts of the crime, the letter may be used on Davis' behalf. 

Two Puerto Rican defendants were given life sentences by the same jury that had convicted them of murder in the course of an armored truck robbery that occurred in 2002.  Puerto Rico has not used the death penalty for almost 80 years and forbids the practice in its constitution.  However, the U.S. federal death penalty applies to the Commonwealth.

Gov. Anibal Acevedo Vila said that the jury acted in accordance with Puerto Rican tradition, which "loathes and is against the death penalty." Federal prosecutors said the federal death penalty should apply because the defendants, Hernando Medina Villegas and Lorenzo Catalan Roman, interefered with interstate commerce.  Puerto Rico has not had an execution since 1927.