[Deathpenalty] death penalty news----PENN., VA., GA., KY., NEB. CALIF., USA

[Rick Halperin]

Oct. 18


PENNSYLVANIA:

Jury acquits White Oak man of all charges in murder trial


A houseguest with what could have been gunshot residue on his hands and several 
witnesses who struck deals with prosecutors convinced a jury to acquit Talon 
Perozich on all counts related to a 2013 shotgun murder in McKeesport Monday 
afternoon, his attorney said.

Perozich, 22, of White Oak, had faced the death penalty for allegedly breaking 
into the home of Brian Cook in June 2013 and firing a shotgun at Cook and his 
girlfriend, Stephanie Pavlovic, as they slept. Cook was killed and Pavlovic 
lost several fingers on her right hand.

Prosecutors said Perozich shot the couple because he'd become angry over $230 
Cook owed him for marijuana, but defense attorney Lee Rothman raised the 
possibility that a guest of Cook's, Kaleel Herring, was friendly with 2 other 
witnesses against Perozich and had chemicals on his hands that could have been 
residue from gunpowder.

The jury deliberated a total of about 8 hours Friday and Monday before 
delivering "not guilty" verdicts on all the charges against Perozich, including 
homicide, attempted homicide, aggravated assault and reckless endangerment.

Cook and Pavlovic's friends and family sobbed quietly in Judge Kevin 
Sasinoski's court as the verdict was read; Perozich stood and hugged Rothman 
before being led from the courtroom. Both families declined to comment after 
the verdict Monday.

"This was an amazing verdict. I never thought this should have been a death 
penalty case to begin with," said Rothman. "It's very rewarding to hear a jury 
go from the death penalty to 'not guilty' across the board."

The jury of five women and seven men did not comment following the verdict, but 
Rothman said several told him he'd succeeded in raising the possibility that 
someone other than Perozich shot Cook and Pavlovic.

In his closing arguments Thursday, Rothman told the jurors that some of the 
witnesses, including Pavlovic, had reason to lie about Perozich being the 
shooter.

Pavlovic had testified that she didn't get a clear look at the man who entered 
her bedroom and began shooting, but recognized him - based on his build and how 
he stood - as Perozich, who had been texting her about Cook's drug debt. She 
told 911 dispatchers she didn't know who shot her, but identified Perozich to 
medics as she was being loaded into an ambulance.

Anthony Doratio and Shane Henry, who said they were with Perozich the night of 
the shooting, were both able to cut deals with the district attorney's office, 
Rothman said. Court records show no charges were brought against either man 
related to the shooting. Jason Stine, who testified that Perozich confessed to 
him and asked him to help tattoo a shotgun on his arm while they were in prison 
together, also cut a deal.

Rothman suggested that Henry and Doratio had a friendly relationship with 
Herring, who was staying with Cook and Pavlovic at their home at the time of 
the shooting.

When investigators checked him for traces of gunshot residue, Herring tested 
positive for lead and antimony, which together with barium are typically signs 
that someone has recently fired a gun, Rothman said. Herring also had time to 
get rid of his shirt and shoes before police arrived at the home.

Assistant District Attorney Janet Necessary said the shooting was about 
respect, not money. She questioned Rothman's "anybody but Talon" defense, as 
she called it.

Henry and Doratio went to the police on their own before investigators even 
knew to talk to them, she said. They both admitted to being with Perozich on 
the night of the killing, and Doratio corroborated his story when he led police 
to the cemetery where Perozich abandoned the shirt he had been wearing, she 
said.

"The evidence clearly shows that the defendant was the one who committed this 
crime," Necessary said. "He took his friends with him, and he used this 
shotgun."

She picked up the gun and racked it 5 times in her closing argument.

"That is the sound of 1st-degree murder."

Neither Necessary nor the District Attorney's Office would comment after the 
verdict.

Perozich was still in custody Monday afternoon because he had a separate 
firearms charge pending against him, but Rothman said he would move to have 
that charge dismissed since the jury had found Perozich not guilty on all the 
other charges.

(source: triblive.com)






VIRGINIA:

UVa study credits better defense lawyers in decline of executions


A study by a University of Virginia School of Law professor released today 
shows a dramatic decline in the number of death sentences imposed in Virginia 
which he credits in large part to better defense lawyers.

Since the U.S. Supreme Court allowed capital punishment to resume in 1976, only 
two states, Texas and Oklahoma, have executed more persons than Virginia's 111. 
Yet there have been no death sentences imposed in Virginia since 2011 and 
Virginia's death row, which once had a population hovering around 60, now has 
just 7 inmates.

"This study suggests that it does not take a Dream Team to effectively 
represent a capital defendant. But it does take a team - a team of specialist 
capital defense lawyers and investigators preferably working in an office, that 
understand the very different way that a death penalty case must be litigated 
from its inception," wrote Brandon Garrett, author of, "The Decline of the 
Virginia (and American) Death Penalty."

Over the last decade there have been 2 or fewer trials a year in which the 
death penalty was sought. In the 21 such trials since 2005, 11 resulted in 
sentences of life without parole, found Garrett, who suggests that Virginia - 
which has carried out a higher percentage of death sentences than any other 
state - may be a bellwether for the rest of the country.

Garrett notes that prosecutors continue to file capital charges, often for 
leverage in plea negotiations, at a fairly steady rate but increasingly do not 
win death sentences.

He outlines a number of factors contributing to the drop, among them: fewer 
murders, although the decline in murder has not been as steep as the decline in 
death sentences; the exoneration of former death row inmate Earl Washington; 
the increasing cost of trying capital cases; and the availability of true 
life-without-parole sentences in lieu of death sentences since 1995.

But the dramatic decline in death sentences began in 2005, not 1995, writes 
Garrett. The primary reason, he believes, is that in 2004 four regional capital 
resource centers staffed by experts started taking cases and helping mount 
trial defenses for people charged with capital murders. Also, lawyers 
representing clients in capital murder trials must be certified and more 
training is available.

In Virginia there are 2 phases in a capital murder trial: the 1st in which 
guilt or innocence is decided and the 2nd, when evidence of mitigation and 
aggravation is heard and punishments is determined.

Garrett compared 20 capital murder trials from 1996 to 2004 with 21 trials 
since 2005 and found that the average length of time spent on the 2nd phase 
increased from 2 to 4 days and the number of witnesses and expert witnesses 
used by the defense greatly increased.

He said the improvement in lawyers handling death cases and the sentencing 
parts of trials have been striking but that does not mean there will no longer 
be death sentences.

Garrett pointed to the recent execution of Alfredo Prieto for rape and double 
murder in Fairfax County. Prieto was represented by top lawyers and had 2 
extensive sentencing hearings in Fairfax County - the 1st death sentence was 
tossed out for technical reasons - and was still sentenced to death.

(source: The Daily Progress)

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

Number of Death Sentences Declines in Virginia


A law professor says a decline in death sentences in Virginia is at least 
partly due to more vigorous legal representation during the sentencing phase of 
capital murder trials.

Brandon Garrett of the University of Virginia released results of his study of 
Virginia's death penalty Monday.

Garrett compared the 21 capital murder trials since 2005 to a group of 20 such 
trials from 1996 to 2004. He found that the sentencing phase for the older 
group of trials averaged less than 2 days while the average for the more recent 
trials was 4 days. That's because defense lawyers are calling more witnesses 
than before to present evidence that could help their client.

More than 1/2 the recent trials resulted in life sentences - double the 
previous rate.

(source: Associated Press)






GEORGIA:

Ga. justices reverse order to forcibly medicate accused Penske killer


The Georgia Supreme Court today ruled that the man accused of killing 4 people 
when he shot up a Penske Truck Rental business in 2010 cannot be forcibly 
medicated so he can stand trial.

But the justices left open the possibility that Jesse James Warren could be 
forced to take anti-psychotic medications if prosecutors show that his medical 
circumstance has changed.

State doctors have said several times that Warren was delusional and not 
competent to stand trial for the 2010 shooting of 5 men, 4 of whom were 
employees at the business where Warren had once worked. 3 died at the scene and 
the 4th died 3 years later. The 5th man survived his wounds.

The justices said in a 53-page decision that the judge hearing the case did not 
adequately cite reasons why anti-psychotic medication should be forced on 
Warren. Prosecutors are seeking the death penalty.

The justices said Warren's mental and physical condition could have changed 
since the June 2014 hearing that resulted in the order to forcibly medicate 
him.

State doctors had said they were reluctant to give Warren certain medications 
because of the physical dangers they posed to him because of his age - in his 
mid 60s - and his other physical ailments, including high blood pressure.

"If the State elects to pursue its motion for involuntary medication on remand, 
the trial court should allow the parties to present additional evidence to 
ensure that the court's findings are based on current circumstances," the 
opinion said.

(soruce: Atlanta Journal-Constitution)






KENTUCKY:

Death penalty sought for men charged in UC professor's death


Attorneys in Kentucky are seeking the death penalty for 2 men charged in the 
death a University of Cincinnati adjunct professor last year.

Kevin Howard, 38, and Charles Black, 55 are accused of kidnapping and then 
murdering Randy Russ.

Russ, a part-time computer science professor at UC, went missing from his Dry 
Ridge home in August of 2014. The suspects were arrested 1 month later when 
Black led police to remains he claimed belonged to Russ, court documents 
stated. Russ' abandoned vehicle was found nearby the remains in Fleming County, 
Kentucky.

Black told police that he assisted in burying Russ' body, but claimed Howard 
was responsible for the murder, according to a court affidavit.

Commonwealth attorneys filed the notice to pursue the death penalty against 
both suspects on Oct. 14 in the Fleming County Circuit Court.

(source: WXIX news)


NEBRASKA:

Death penalty repeal officially on hold until 2016 election


Nebraska's death penalty will stay on the books until voters decide next year 
whether to keep it.

Secretary of State John Gale announced Friday that death penalty supporters 
have gathered enough valid signatures to prevent a law repealing capital 
punishment from going into effect until the November 2016 election.

Nebraska lawmakers abolished the death penalty in May, prompting a petition 
drive for a ballot measure to overturn their decision. The issue had already 
qualified for the ballot, but Friday's announcement confirms that the petition 
drive succeeded in postponing the repeal.

A Nebraskans for the Death Penalty spokesman says his group will now begin a 
"Repeal the Repeal" campaign urging voters to keep capital punishment.

A spokesman for the anti-death penalty Nebraskans for Public Safety says 
punishment wastes tax dollars.

(source: Associated Press)






CALIFORNIA:

'Shrimp Boy' trial postponed to November 9


The racketeering and murder solicitation trial of Chinatown association leader 
Raymond "Shrimp Boy" Chow was postponed in federal court in San Francisco 
Monday until Nov. 9.

The delay moves the trial 1 week past its previous start date of Nov. 2 for 
opening statements and the beginning of testimony.

U.S. District Judge Charles Breyer ordered the postponement because Chow's lead 
lawyer, veteran criminal defense attorney Tony Serra, is still in an unrelated 
murder trial in Yolo County Superior Court and will not be available for jury 
selection in Chow's case this week.

Jury selection Chow's trial will now take place on Nov. 2 and 3. The trial is 
expected to last about 2 months.

Chow, 55, is the dragonhead or leader of the Chee Kung Tong fraternal 
association in Chinatown. He is charged with racketeering conspiracy, 
conspiring to solicit the murder of a former associate in 2013, conspiring to 
transport and receive stolen goods and dozens of counts of money laundering.

Chow is also charged with an additional count of murder in aid of racketeering 
for allegedly causing the gunfire slaying in 2006 of Allen Leung, Chow's 
predecessor as Chee Kung Tong leader.

But that charge, which could carry a potential death penalty upon conviction, 
may be tried in a later trial and not in the November proceeding.

Breyer said last week he will order a separate, later trial on the murder 
charge if U.S. Attorney General Loretta Lynch decides that prosecutors should 
seek a death penalty. He said Monday the murder charge will be included in the 
upcoming trial only if Lynch decides not to seek a death penalty and makes that 
decision before Nov. 2.

A possible death penalty would affect jury selection because it would be 
necessary to choose jurors willing to vote for capital punishment.

Also Monday, Breyer declined to reconsider a previous ruling in which he said 
prosecutors could keep secret the identities of undercover FBI agents who 
investigated the case. The judge said he might change his mind during the 
trial, depending how the evidence unfolds.

Chow was one of 29 people indicted last year in a wide-ranging indictment that 
included both organized-crime charges against most defendants and political 
corruption charges against former state Sen. Leland Yee, D-San Francisco/San 
Mateo.

Yee and 10 other defendants have pleaded guilty to various charges. 2 of those 
defendants are former associates of Chow's who are expected to testify against 
him on the murder-related charges, according to a recent prosecution filing.

(source: KRON news)

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

He's Baaaack! More Allegations OC Prosecutor Cheated In Death Penalty Cases


Inside the Orange County district attorney's office (OCDA) from the mid-1970s 
through 2001, homicide prosecutor Michael A. Jacobs apparently saw himself as 
the Terminator.

According to newly obtained court records, Jacobs bragged to other lawmen that 
they could not match his enthusiasm for executing defendants in capital cases, 
claiming at one point that his office was responsible for 50 % of expected 
state-sponsored killings after California resumed enforcing the death penalty 
in 1992.

Weekly readers may recall Jacobs, who was highlighted in our May 6, 2015, cover 
story, "Double Jeopardy: Recent Proof of Prosecutorial Misconduct Mirrors 
OCDA's Bad Old Days." The article noted that evidence proved this prosecutor 
repeatedly withheld exculpatory evidence that would have weakened his cases and 
employed blatantly dishonest jailhouse informants to sell his claims to juries.

Incredibly, Jacobs won 2 convictions for the 1981 Laguna Beach murder of Ginger 
Fleischli by arguing diametrically opposing sets of facts to different juries 
for David Leitch, who was given a term of 15 years to life, and Thomas 
Thompson, who was executed in 1998 while proclaiming his innocence to the end.

The Thompson case was and remains such an ugly eyesore on the judicial system 
that prominent homicide prosecutors across the nation publicly announced their 
disgust at Jacobs' tactics.

In the county's current snitch scandal, District Attorney Tony Rackauckas--once 
Jacobs' colleague and later his boss--has insisted the present d???j??? vu over 
evidence hiding and informant cheating by prosecution teams is nothing but 
innocent mistakes due to ignorance from a lack of training.

(Never mind that that the supposedly unintentional mistakes somehow managed to 
benefit prosecutors in his office 100 % of the time.)

Though he's reluctantly conceded errors, Rackauckas also says that complaining 
defense lawyers like Scott Sanders, Rudy Loewenstein, Gary Pohlson and James 
Crawford have manufactured a fake scandal that doesn't deserve the national 
attention its receiving from news outlets like the New York Times and 
Washington Post.

But internal government records first obtained by the Weekly in recent days 
show that Rackauckas was well aware of serious allegations of prosecutorial 
misconduct in death penalty cases from the outset of his administration 16 
years ago and took no corrective action.

Worse, these records cast Jacobs, the proud killing machine, as an obnoxious 
character with a win at all costs mentality--an assessment not advanced by 
lefty, anti-death penalty activists but rather fellow death penalty 
prosecutors.

A 3-year letter exchange between OCDA and the California Attorney General's 
office from 1999 to 2001 after Thompson's controversial execution shows Jacobs 
complaining that deputy AG's didn't relish executions as much as he did and 
weren't as willing to hide key records from death row defendants complaining in 
appeals of government cheating.

"Death penalty appellate work is not easy," Jacobs lectured Supervising Deputy 
Attorney General Carl H. Horst on June 29, 2000, about three pending appellate 
reviews of capital cases from Orange County. "Just as with trial work, it 
requires aggressiveness, hard work, and an 'I can do' attitude instead of a 
'head in the sand and I hope the judiciary will save me' approach; because they 
won't."

Specifically in connection with People v. Kenneth Clair, he blasted Horst.

"If you lack the drive, the optimism, and the willingness to put in the hard 
work to make certain that this case is affirmed on appeal, then perhaps you 
should consult with your supervisor about having someone else in your office 
take over the lead on this case," wrote Jacobs, who also mentioned his 
dissatisfaction that in People v. William Charles Payton and People v. John 
Visciotti the death penalty convictions seemed "to be at risk" in his mind. "We 
are hoping everything will be done to avoid reversals and retrial of these 
cases after 15 or 20 years. Hopefully, you do to [sic]."

When a federal judge ordered that Jacobs surrender to the Clair defense a "box 
load" of previously hidden documents, he told Horst, "I am far from satisfied 
with the work done [by the AG's office] opposing these [discovery] requests."

In a separate letter to Peter Siggins, then-chief deputy Attorney General for 
Legal Affairs in Sacramento, Jacobs echoed his contempt.

"I still see no change in the overall lack of aggressiveness and thoroughness 
in the handling of a number of these [death penalty] cases," he wrote.

AG management, including then California Attorney General Bill Lockyer, were 
not amused by Jacobs' attacks, suggesting that death penalty appellate work 
wasn't similar to a rapidly moving conveyor belt where troubling facts can be 
brushed aside without consequences.

David P. Druliner, chief assistant Attorney General for the criminal division, 
bristled in response to Jacobs' criticisms about the office that handled 
capital appeals for the OCDA.

"Contrary to Mr. Jacobs' suggestion, the San Diego office's record in capital 
litigation suggests a high level of competency, aggressiveness and 
professionalism by the deputies assigned to the cases," Druliner told 
Rackauckas.

In an August 9, 2000, letter, Jacobs mocked Deputy Attorney General Gary Schons 
for "believing it would be necessary to 'show everything we have to the 
petitioner'" and observing, "I must admit that this is a new concept for me and 
not the course that I have seen pursued in other cases, where other deputy 
attorney generals have successfully limited the scope of discovery as well as 
the issues framed to be covered at evidentiary hearings."

But probably one of the biggest, previously unknown bombshells in the records 
is the AG's allegation that Jacobs may have committed perjury to cover up his 
snitch cheating with informant Daniel Escalera in hopes of keeping Payton on 
death row.

"Documents in Escalera's superior court file directly contradict and possibly 
impeach Mr. Jacobs' deposition testimony in which Mr. Jacobs testified he was 
not present and did not participate in Escalara's change of plea and 
sentencing," Druliner explained to the DA. "Escalara's court file clearly shows 
that Mr. Jacobs participated in Escalara's change of plea on October 30, 1981. 
Indeed, Mr. Jacobs even signed the change of plea form. Additionally, Mr. 
Jacobs was present at Escalara's sentencing on February 26, 1982, and 
participated in an in-chambers conference with the court and defense counsel, 
contrary to his deposition testimony that he was 'certain' he never went into 
chambers for a conference regarding Escalara."

Why does any of this matter? The public must be able to trust prosecutors who 
send people to death row. But more exactly in the Payton appeal, defense 
lawyers claimed Jacobs misled a jury about a secret deal to secure Escalara's 
pro-prosecution testimony in exchange for a reward: leniency in a robbery case.

"Mr. Jacobs has consistently maintained that he did not promise Escalara 
anything in exchange for his testimony against Payton," observed Druliner. 
"Notably, 6 days after the death verdict was rendered against Payton, 
Escalara's attorney wrote a letter to the probation officer prior to Escalara's 
sentencing."

That letter stated, "Certain promises relating to Mr. Escalara continuing to 
work with law enforcement and testify in the aforementioned superior court 
prosecution of Mr. Payton were discussed, which led to the ultimate plea of 
guilty by Mr. Escalara."

AG officials decided to accept the stance that there had been no deal after 
Escalara's lawyer refused to concede there had been any secret arrangement, 
according to court records.

In Payton, Druliner also blasted the OCDA for attempting to violate Brady, a 
court rule that requires prosecutors to surrender pro-defendant evidence to 
defense lawyers. Jacobs and his colleagues were unwilling to turn over entries 
from Orange County's Informant Index which showed Escalara had previously 
placed a hit himself on another informant. The AG's office was stunned by the 
secrecy and threatened to disclose the evidence if the DA's office refused, a 
move that forced compliance, according to court records.

Though an older example of questionable conduct, the concealment of the 
informant index in violation of Brady remains an ethical issue Rackaukas and 
his staffers have struggled to correct even up through recent months.

The California Supreme Court eventually found Jacobs committed misconduct in 
the closing argument of the case but voted 5 to 2 to opine that the tactic was 
"harmless" to Payton's defense.

Rackauckas fired the prosecutor in April 2001, telling him he was "rarely 
punctual, not dependable and difficult to reach during working hours and that 
you are not accountable," according to court records.

Jacobs nowadays maintains an Irvine private practice, denies ever pressuring 
the AG to withhold records and said any correspondence that alleges such "are 
likely fabricated."

"As far as writing anything criticizing the AG's office for giving too much 
information to defendants on their appeals, I don't know what you're talking 
about," he wrote in an email.

After OCDA prosecutor Matt Murphy recently defended Jacobs' conduct as 
righteous, Sanders, who represents the defendants in People v. Daniel Wozniak 
and People v. Scott Dekraai, attached the AG-OCDA correspondence to an October 
15 court filing.

It's Sanders' contention that because of the "troubling history," Orange County 
prosecutors still "cannot be reasonably relied upon to turn over mitigating 
evidence" and therefore the ultimate punishment must be removed as a sentencing 
option.

According to the California Department of Corrections, Payton remains on death 
row at San Quentin State Prison, where he's been living since 1982.

Appellate judges are currently reviewing Superior Court Judge Thomas M. 
Goethals' March decision to recuse Rackauckas and his entire OCDA's office from 
Dekraai because of perjury and evidence hiding committed by members of the 
prosecution team.

Susan Kang Schroeder, OCDA chief of staff, says the office is constantly 
looking for ways to improve operations, has already instituted discovery and 
informant reforms and can be trusted to seek justice, especially in death 
penalty cases.

(source: R. Scott Moxley, Orance County Weekly)






USA:

Most denominations say 'no' to capital punishment; support for death penalty 
declines


The majority of Americans still support the death penalty for those convicted 
of murder, but support for the punishment has declined precipitously since 
1994, a new survey from Gallup claims.

According to the survey, about 6 in 10 Americans (61 %) still believe capital 
punishment is acceptable. In 1994, support for the death penalty reached its 
highest point of 80 %.

The 61 % figure is by far not the lowest level of support for capital 
punishment since Gallup began measuring opinions on the matter. In 1967, 
support for the sentence dropped to 47 %, leading to a near cessation of the 
practice. In 1972, the Supreme Court ruled the death penalty unconstitutional 
in some cases, such as rape, but reinstated it with tighter controls in 1976. 
Many states, such as California, later banned the penalty, but also allowed it 
again years later.

The reduction in the number of people who support the death penalty remains 
high in spite of the fact that the punishment is handed down far less than it 
once was, Gallup reported.

"In May, Nebraska became the 19th state (along with D.C.) to ban the death 
penalty, and the seventh state since 2007. Meanwhile, the number of death 
sentences issued in 2014 was the lowest since the reinstatement of the 
punishment in 1976, and the number of executions carried out in 2014 was one of 
the lowest on record," Gallup said.

The decline in support for the death penalty in the U.S. also appears to be 
occurring independent of calls for its abolition. In September, Pope Francis 
said in his address before Congress that the "Golden Rule also reminds us of 
our responsibility to protect and defend human life at every stage of 
development."

"This conviction has led me, from the beginning of my ministry, to advocate at 
different levels for the global abolition of the death penalty," the pontiff 
said.

"I am convinced that this way is the best, since every life is sacred, every 
human person is endowed with an inalienable dignity, and society can only 
benefit from the rehabilitation of those convicted of crimes. Recently my 
brother bishops here in the United States renewed their call for the abolition 
of the death penalty. Not only do I support them, but I also offer 
encouragement to all those who are convinced that a just and necessary 
punishment must never exclude the dimension of hope and the goal of 
rehabilitation."

A large number of American church groups believe the death penalty either no 
longer works as a deterrent or is simply unchristian. The United Methodist 
Church, United Churches of Christ, Presbyterian Church (USA), Orthodox Church 
in America, Evangelical Luther Church in America, Episcopal Church, and 
American Baptists oppose the death penalty in their official policy statements.

The Church of Jesus Christ of Latter Day Saints claims it "regards the question 
of whether and in what circumstances the state should impose capital punishment 
as a matter to be decided solely by the prescribed processes of civil law. We 
neither promote nor oppose capital punishment."

A similar position is taken by the Assemblies of God, who regard capital 
punishment as a legitimate course of action on the part of the government, but 
who encourage its use with caution.

"There is room in the church for honest differences of opinion concerning the 
use of capital punishment. However, all believers should seek to apply biblical 
principles in reaching their conclusions: the sacredness of human life (of the 
criminal as well as of the victim), the need of all mankind to repent, and the 
power of God to transform even the most violent sinners. These truths must be 
balanced with the obligation of government to protect its citizens, helping 
them to live quiet and peaceful lives," the statement on capital punishment 
from the Assemblies of God reads.

Among America's larger denominations, only the Southern Baptist Convention - 
the nation's largest non-Catholic religious denomination - has an affirmative 
stance on capital punishment. In 2000 in Florida, messengers to the annual 
convention passed a resolution acknowledging their "support the fair and 
equitable use of capital punishment by civil magistrates as a legitimate form 
of punishment for those guilty of murder or treasonous acts that result in 
death."

The resolution claimed capital punishment should only be employed when the 
evidence of guilt was "overwhelming," and be applied as "justly and as fairly 
as possible without undue delay, without reference to the race, class, or 
status of the guilty."

The Lutheran Church Missouri Synod, the conservative branch of the Lutheran 
Church in the U.S., also says it believes capital punishment is acceptable.

Just as differences exist among religious bodies, they also exists along racial 
lines and according to political affiliation. Blacks are largely unsupportive 
of the death penalty (55 % oppose it), while only 39 % support it. That is 
likely because blacks, only 13 % of the U.S. population, make up 42 % of the 
death row inmate population, Gallup said. 68 % of whites claim they are in 
favor of the death penalty.

Among Democrats, 49 % support the death penalty. Nearly 8 in 10 Republicans (82 
%) still support capital punishment.

(source: Christian Examiner)