Senate Debates Death Penalty Reform
OK City Bombing Prosecutor Beth Wilkinson and Former Death Row Inmate Michael Graham Among Those Testifying

INNOCENCE PROTECTION ACT JUDICIARY HEARING


(Capitol Hill, Wednesday, June 27, 2001) --- One of America's most hotly debated issues - the death penalty - makes its way to the Senate today when the Senate Judiciary Committee, led by cChairman Patrick Leahy (D-VT), considersed the bipartisan Innocence Protection Act of 2001 (IPA). Beth Wilkinson, a leadformer prosecutor in the Oklahoma City bombing case and Michael Graham, who languished spent on death row for14 years on death row before being exonerated, are among those who will testify.

"Ninety-six wrongful capital convictions are 96 too many. One of our nation's most fundamental rights is the right to counsel. In the most serious cases, where we are considering the execution of a human being, the Innocence Protection Act will help ensure that defendants have a right not just to counsel, but to competent counsel," said Senator Patrick Leahy.

Today's hearing will focus on the centerpiece of the Innocence Protection Act: a strong measure encouraging states to provide qualified and experienced lawyers to all defendants facing the death penalty establish real, enforceable minimum standards for defense attorneys in capital punishment cases. In addition to Wilkinson and Graham, witnesses at today's hearing include preeminent attorney and death penalty expert Stephen Bright, director of the Southern Center for Human Rights; Texas state senator Rodney Ellis; IPA lead co-sponsors in the Senate Gordon Smith (R-OR) and Susan Collins (R-ME); and House lead co-sponsors William Delahunt (D-MA) and Ray LaHood (R-IL).

"I believe that the death penalty is a useful tool for deterring crime, but it must have the confidence of the people to work. Providing competent counsel to poor defendants will help maintain the integrity of our justice system and make the administration of capital punishment more effective," said Senator Gordon Smith.

America's confidence in the death penalty has been shaken in recent years. Since 1973, according to the Death Penalty Information Center, 96 people on death row were found to be wrongfully convicted and eventually released. Last June, one of the most sophisticated studies ever done on the death penalty found that nearly seven out of every 10 of the thousands of cases examined had serious, reversible error. Last year, Illinois Governor George Ryan (R-IL) ordered a moratorium on his state's death penalty because of profound concerns about wrongful convictionsafter his state executed 12 people and exonerated 13; and this year, 37 of the 38 death penalty states considered some type of reform legislation.

This is a unique moment in the debate concerning the death penalty. Rarely have Democrats and Republicans, liberals and conservatives, death penalty supporters and opponents come to such a working consensus on the need for change. There are currently 222 co-sponsors in the Senate and the House combined.

"By focusing on minimizing avoidable errors in the legal process, we seek to move the death penalty debate out of the political and partisan rut it's been in for a decade. At stake are not only the lives of innocent inmates on death row," said Congressman Delahunt, a former prosecutor, "but the credibility of our criminal justice system itself."

Congressman LaHood added, "In my state, a moratorium was called on the death penalty because concerns were too great to ignore. The Innocence Protection Act, by helping to ensure fairness, will help restore confidence in our criminal justice system."

Also today, another important and influential voice joined the call for death penalty reform and announced its endorsement of the Innocence Protection Act. Following a year-long study, a national blue ribbon committee composed of former judges, state attorneys general, federal prosecutors, law enforcement officials, governors, mayors and journalists, as well as current defense attorneys, religious leaders and victims rights advocates presented 18 recommendations for death penalty reform at a press conference this morning. The blue ribbon committee is part of the Constitution Project and includes Wilkinson; Gerald Kogan, former chief justice of the Florida Supreme Court; Charles Baird, former judge, Texas Court of Criminal Appeals; William Sessions, former FBI Director and federal judge; Paula Kurland, victims rights advocate and mother of a murder victim. Key committee recommendations are included in the IPA.

The vast majority of Americans support improvements in the death penalty system, according to numerous polls sponsored by local and national media outlets. A Gallup Poll released in March showed that support for the death penalty remains near the 19-year low Gallup recorded last year. A Washington Post/ABC News poll released a month ago showed that 68% of Americans believe that the death penalty is unfair because "sometimes an innocent person is executed." In addition, numerous major newspapers from around the country have editorialized in favor of the Innocence Protection Act, including the New York Times, Washington Post, Los Angeles Times, Chicago Tribune, Florida Times Union, The Tennessean, and more.