[Deathpenalty] death penalty news----CONN.

[Rick Halperin]

Aug. 13




CONNECTICUT:

Connecticut court overturns death penalty and spares death row inmates ---- 
Ruling comes in appeal arguing it would be cruel and unusual punishment to 
execute those inmates following 2012 law to repeal death penalty for future 
crimes


3 years after Connecticut abolished the death penalty for any future crimes, 
the state;s highest court on Thursday spared the lives of all 11 men who were 
already on death row when the law took effect, saying it would be 
unconstitutional to execute them.

The ruling comes in an appeal from Eduardo Santiago, whose attorneys had argued 
that any execution carried out after repeal would constitute cruel and unusual 
punishment. Santiago faced the possibility of lethal injection for a 2000 
murder-for-hire killing.

The Connecticut supreme court, in a 4-3 ruling, agreed with his position.

The state had passed a law in April 2012 to repeal the death penalty only for 
future crimes.

Santiago's attorneys had argued that it would be wrong for some people to face 
the death penalty while others face life in prison for similar murders.

Santiago was sentenced to lethal injection in 2005. But the state supreme court 
overturned the death sentence and ordered a new penalty phase in 2012, saying 
the trial judge wrongly withheld key evidence from the jury regarding the 
severe abuse Santiago suffered while growing up.

That ruling came just weeks after lawmakers passed the death penalty repeal.

Assistant public defender Mark Rademacher has argued that Connecticut had 
declared its opposition to the death penalty and it wouldn't make sense to 
execute anybody now.

Senior assistant state's Attorney Harry Weller argued there were no 
constitutional problems with the new law.

Connecticut has had just 1 execution since 1960. Serial killer Michael Ross was 
put to death in 2005.

(source: The Guardian)

******************

Malloy's statement on Connecticut death penalty ruling


Gov. Dannel P. Malloy released the following statement in response to the 
Connecticut Supreme Court's decision Thursday to overturn the death penalty:

"In 2012, Connecticut joined 16 other states and the majority of the 
industrialized world in replacing capital punishment with the punishment of 
life in prison without the possibility of parole. Since then, 2 additional 
states have abolished capital punishment. When Connecticut's law was passed, it 
did not apply to the 11 inmates currently serving on death row. We will 
continue to look to the judicial system for additional guidance on this rule. 
But it's clear that those currently serving on death row will serve the rest of 
their life in a Department of Corrections facility with no possibility of ever 
obtaining freedom.

"In the last 54 years, Connecticut has only executed 2 inmates, both of whom 
volunteered for the execution. Many on death row are able to take advantage of 
endless appeals that cost the taxpayers millions of dollars, and give those 
convicted killers an undeserved platform for public attention.

"Capital punishment is a difficult issue that is deeply personal for many 
Connecticut residents. I arrived at my opposition to capital punishment after 
careful thought and through many years of experience in the criminal justice 
system, first as a prosecutor and then as an attorney and public servant.

"Everyone arrives at their position on this difficult issue on their own terms, 
and everyone should have respect for differing opinions on what is a difficult 
and moral issue for both sides.

"Today is a somber day where our focus should not be on the 11 men sitting on 
death row, but with their victims and those surviving families members. My 
thoughts and prayers are with them during what must be a difficult day."

(source: New Haven Register)

******************

Connecticut Supreme Court: State May Not Kill Death Row Inmates Following 
Repeal of Death Penalty


The ACLU of Connecticut applauded this morning's state Supreme Court decision 
holding that the Connecticut Constitution's prohibition on cruel and unusual 
punishment forbids the state from executing any prisoners.

The court declared that following the prospective repeal of the death penalty, 
execution of prisoners "no longer comports with contemporary standards of 
decency and no longer serves any penological purpose."

The decision means Connecticut may not execute the 11 men currently on death 
row.

David McGuire, Legislative and Policy Director of the ACLU of Connecticut said, 
"This decision reflects an evolving norm against the death penalty. There are 
better ways to punish. Too often, the death penalty is applied arbitrarily and 
in a racially biased manner. This is a decision that falls on the right side of 
history."

The Supreme Court decision settles legislation that prospectively abolished 
capital punishment for crimes committed after April 25, 2012. The ACLU of 
Connecticut argued that fundamental fairness prevents the state from 
unconditionally abolishing the death penalty for all future crimes while 
continuing to apply it to those who were in prison during its repeal.

The court concluded the death penalty violated the state's constitution on 
account of "the freakishness with which the sentence of death is imposed; the 
rarity with which it is carried out; and the racial, ethnic, and socio-economic 
biases that likely are inherent in any discretionary death penalty system."

Dan Barrett, Legal Director of the ACLU of Connecticut said, "This decision is 
a breath of fresh air in death penalty litigation nationwide because it 
conclusively determines that the killing of prisoners falls beneath standards 
of American justice."

(source: aclu.org)