[Deathpenalty] death penalty news----PENN., VA., N.C., GA., LA., OHIO, ARK., MO. S.DAK., COLO., USA

[Rick Halperin]

Nov. 17



PENNSYLVANIA:

Sister of convicted killer: "He's not some monster"


A Monroe County man found guilty of murdering and dismembering a woman will 
soon learn his fate.

The same jury that convicted Charles Ray Hicks of murder in the 2008 death of 
Deanna Null will determine his punishment.

The 40-year-old faces the death penalty or life in prison.

Hicks was found guilty of 1st degree murder and other charges on Friday, after 
more than a week of testimony.

On Monday, the jury heard from a new panel of witnesses hoping to save his 
life.

For the 1st time since the beginning of the trial, Hicks' family members 
entered the courtroom.

"I love my family," Hicks told reporters Monday.

His mom and 2 sisters walked into the courtroom fighting back tears.

They were later called as witnesses.

His mother, Emma Hicks, was the 1st witness called upon by the defense.

The Texas-native told jurors a death-sentence would pain her to the core.

"Words can't describe how difficult that would be. Almost unimaginable," said 
Emma Hicks.

Hicks' mother also told jurors her son was a high school athlete and enlisted 
in the U.S. Navy in 2004.

His oldest sister, Charlotte, said her son looked up to him.

"I don't want him to see his uncle die." Charlotte Hicks said with teary eyes. 
"Even though things have happened, I still know he is a good person and a role 
model for my son."

An ex-fianee told jurors she only saw Hicks become violent or unruly once.

She claimed he was high at the time, and said she later called off the wedding 
because of Hicks' drug habit.

Psychiatrist Kenneth Weiss testified Hicks has a history of mental illness. He 
is diagnosed with bipolar disorder and on at least 2 occasions tried to commit 
suicide, he said.

"He had tried to cut his wrists. That's when I knew," said Charlotte Hicks.

Defense attorney Robin Spishock described Hicks as a "model prisoner."

Prosecutors are looking to prove Hicks undoubtedly and intentionally tortured 
Null.

Null's body parts were found along 2 highways in Monroe and Lackawanna counties 
in 2008.

Her severed hands were discovered in Hicks' home in Tobyhanna, according to 
investigators.

Hicks can only be sentenced to death if the jury's decision is unanimous.

The hearing is scheduled to continue Tuesday morning.

(source: WFMZ news)






VIRGINIA:

Use of Death Penalty Declines in Virginia


Virginia has executed more people in its history than any other state, 
according to the Death Penalty Information Center. However, on Friday U.S. 
Attorney General Eric Holder took the death penalty off the table for 4 people 
charged in the death of reserve police officer Kevin Quick. Daniel Mathis, 
Shantai Shelton, Mersadies Shelton and Kweli Uhuru could instead face life in 
prison.

CBS19 legal analyst Scott Goodman says one of the factors that may have gone 
into Holder's decision was the number of defendants in the Quick case, and that 
several possible key witnesses are also charged, or have pleaded guilty, to 
crimes relating to Quick's death.

"The prosecution in this case has no doubt that they have the right people that 
are involved in the murder, but they may have some doubt on the relative 
culpability; whether they can rely on what some of the witnesses are telling 
them about who is the most responsible," Goodman said.

Goodman says ages of the individuals, lack of a prior violent record, and 
mental capacity can also play into the decision to take the death penalty off 
the table in any given case.

According to the Death Penalty Information Center, executions in Virginia have 
seen a sharp decline from a peak of 57 inmates on death row in 1995 to 8 
presently. Goodman says up until the 1970's the criteria was not as strict for 
imposing the death penalty as it is now.

"There was a time when you could impose the death penalty if it wasn't even a 
murder, a serious rape, people have been executed for that." Goodman said. 
"Depravity of mind, mutilation of the body, multiple stab wounds, only those 
types of murders qualify for the death penalty and those are a minority of the 
murders committed."

2 former Former Virginia Attorneys General have called for changes to the 
state's death penalty to minimize the risk of executing an innocent person 
based on a September 2013 report from the American Bar Association.

Capt. Kevin Quick went missing in January 2014, and his body was found in 
Goochland County days later. The 4 people charged in Quick's death are 
scheduled to go on trial in May.

(source: newsplex.com)






NORTH CAROLINA:

Prosecution still deciding whether to seek death penalty in Kevin Millner 
homicide


The Guilford County district attorney's office is still deciding if it will 
seek the death penalty in the case of a man charged with shooting and killing a 
man in a hotel parking lot.

Montray Deboris Price, 21, of 1706-B Maplewood Lane is charged with 1st-degree 
murder in the death of Kevin Christopher Millner, 32. Millner was found shot 
dead in a car in the parking lot of the Holiday Inn Express at 4305 Big Tree 
Way on Sept. 2.

Prosecutor Chris Parrish said the district attorney's office has not decided if 
it will seek the death penalty in Price's case, should he be found guilty.

"It's too early in the process," he said.

Several members of Price's family were in Guilford County Superior Court on 
Monday to support Price.

Millner's family and Samantha Yost, Millner's girlfriend, were not there. 
Parrish said he had called to tell them there would be no decision on Monday. 
He was unaware Price's family would be there, he said. Also charged in 
Millner's homicide are Craig Deonte Hairston, 25, and Colby Wade Watkins, 29, 
both of Danville, Va. Hairston also is charged with 1st-degree murder and 
felony conspiracy to commit robbery with a dangerous weapon. Watkins is charged 
with felony conspiracy to commit robbery with a dangerous weapon.

(source: News-Record)






GEORGIA:

Starved woman expected to survive; DA considers death penalty for suspects


It isn't an easy consolation to accept, but Iasia Sweeting's family has come to 
believe her daughter didn't die in vain. Instead, they believe the 15-month-old 
died so that her mother might live.

"That was our immediate feeling," said Darnell Morgan, a cousin of the 
malnourished 21-year-old woman who was rescued by police last week from a 
Peachtree Corners hotel and is expected to recover. "She's definitely going to 
survive. There's no doubt about that."

Sweeting, a former DeKalb School of the Arts student, is recovering at Gwinnett 
Medical Center after being found in dire need of treatment in the Extended Stay 
America hotel, where her deceased daughter was also reportedly deprived of food 
for "misbehavior." The family says Sweeting has begun to speak again and that 
tests have come back showing no life-threatening damage to her gaunt body.

"Assuming her condition doesn't take a turn, the now 59-pound woman - whose 
family says she was abducted 4 years ago - will be a key witness in the state's 
case against her alleged tormenters, suspected cult members accused of starving 
the mother and baby.

"Considering the nature of disturbing case, District Attorney Danny Porter said 
Monday he may pursue the death penalty, though he was cautious not to lean one 
way yet.

"It's certainly something I'm going to look at," Porter said.

Calvin Mcintosh, 44, the father of the baby and a suspected member of 
separatist group the Nuwaubian Nation of Moors, and his daughter Najlaa 
Mcintosh, 23, are accused of murder in baby Alcenti Mcintosh's death, along 
with a litany of other charges. Calvin Mcintosh is also accused of raping and 
fathering 2 children with Najlaa, who reportedly claims to be pregnant yet 
again.

Porter said he needed to do more research before deciding what punishment to 
seek on the murder charges. He's planning meet with medical examiners and 
experts to decide if capital punishment would be appropriate, as he believes it 
is in the case of the death of a 10-year-old Lawrenceville girl who was 
allegedly starved by her parents.

"We've decided to seek the death penalty in the Emani Moss case. Part of that's 
based on the idea that, for a child that age it, would take 30 days to starve 
her to death," Porter said. "I just don't know if the same thing applies with a 
15-month-old. The good news is the child's mother survived. We'll get a better 
sense of what was happening in that hotel room than we have."

Police searched room 310 at the hotel last Tuesday after Calvin Mcintosh 
reportedly brought the 15-month-old to Northside Hospital in Sandy Springs. The 
child was pronounced dead on arrival and the man told officers she had died at 
the Extended Stay America on Jimmy Carter Boulevard, according to a police 
report.

Upon arrival there, police found Sweeting lying on the floor, wrapped in 
blankets and presumably not far from death. Three children - a 5-year-old and 
two 3-year-olds - in the room were also believed to be severely malnourished. 
Police said 2 of the children were fathered by Calvin Mcintosh with his 
daughter. One of the 3-year-olds belonged to Calvin Mcintosh and Sweeting. 
Sweeting's mother is attempting to get custody of the child from the state.

Sweeting's family says she had been living the hotel for some time after Calvin 
Mcintosh "coerced" her away from DeKalb County in 2010, though they were never 
able to make contact with her to attempt to bring her home. Mcintosh wasn't 
charged in Sweeting's disappearance, as police ruled her a runaway. Later, she 
was stopped by a Gwinnett police officer and reportedly wasn't interested in 
going home.

Before the reunion last week, the family had been dogged in attempting to track 
down Sweeting. Her mother heard she had been seen at the hotel and went there 
every month hoping to see her. Morgan, Sweeting's cousin, said he once pulled 
the fire alarm to draw residents outside, but the residents had apparently 
grown accustomed to regular false alarms and ignored it.

Morgan said his cousin and the rest of the family is now focusing on moving 
forward.

"Everything is about future care," he said. "She's going to need at least a 
home health aid, she's going to need a hospital bed, she's going to need a 
psychiatrist."

(source: Gwinnett Daily Post)



LOUISIANA:

Louisiana delays executions until late June, The Lens reports


Louisiana has put state executions on hold until after at least June 25, when 
legal proceedings over the constitutionality of Louisiana's method of putting 
prisoners to death will be taken up next in court, according to The Lens.

Lawyers for Christopher Sepulvado, who was sentenced to death for killing a 
child in a brutal manner, have been challenging Louisiana's lethal injection 
protocol for the last several months.

The state intended to administer the same drug on Sepulvado that was used in 
botched executions in Ohio and Oklahoma. Questions were raised about whether 
Louisiana's lethal injection drugs would cause undue pain to Sepulvado and 
other people killed by the state.

Several states, including Louisiana, are having a difficult time securing a 
drug they prefer to use for executions. Many suppliers no longer want to 
provide the drug if it will be used to administer the death penalty. This means 
states are relying on new formulas, which could be leading to the execution 
problems.

The June death penalty delay means the Louisiana Legislature's next session 
will come and go before another person is executed. Lawmakers took up a few 
bills that would have altered the proceedings around the death penalty last 
year, though none ended up passing into law. It's possible execution protocol 
could change before June as a result of the 2015 session.

The Legislature has already set up a committee to examine the cost of carrying 
out the death penalty. There is also a study underway to research the best ways 
to administer executions -- possibly looking into alternatives to lethal 
injection for Louisiana.

(source: nola.com)






OHIO:

Brothers in Barberton triple murder seek plea deal to avoid death penalty


2 brothers accused in the New Year's Eve triple murder of a family in Barberton 
are negotiating a plea deal with prosecutors to avoid the death penalty.

Michael and Eric Hendon both appeared in court on Monday in Akron. The pair is 
accused of shooting and killing John Kohler and his 2 children, Ashley and 
David, in their Barberton home.

Ronda Blankenship, who survived the shooting, was also in the courtroom.

Defense lawyers and the Summit County Prosecutor's Office tried to hammer out a 
deal, but after 3 hours of negotiations, no agreement was reached.

The plea deal could include life in prison with no chance of parole for the 
shooter, and maybe a life sentence with a possibility of parole for the other.

The prosecution received a confession from one of the brothers earlier in the 
case.

The Hendons are due back in court next week for an update on a possible plea 
agreement.

(source: WOIO news)

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

Akron police union president calls for execution of accused Akron cop killer


The president of the Akron police union believes that the man accused of 
killing an off-duty police officer and wounding 4 others should be sentenced to 
the death penalty.

Paul Hlynsky, president of the Fraternal Order of Police Akron Lodge No. 7, 
said on Monday that officers will ask prosecutors to seek the death penalty for 
Kenan Ivery, 35. He is charged with aggravated murder and 5 counts of felonious 
assault in Akron Municipal Court.

A judge ordered Ivery held without bond at his initial court appearance on 
Monday. He is scheduled for another hearing on Tuesday. The Summit County 
Prosecutors decide whether or not to present evidence to a grand jury for the 
death penalty.

The grand jury ultimately decides if the case will move forward with death 
specifications.

Ivery is accused of fatally shooting Officer Justin Winebrenner, 32, and 
wounding 4 others, including David Wokaty, 34, Michael Capes, 41, Jennifer 
Imhoff, 41, and off-duty officer Thomas Russell, 51.

"We're terribly upset about it. We lost one of our buddies, our members our 
comrades," Hlynsky said. "There's no way to take away this pain. He's a hero to 
us. We won't rest until this guy is executed."

Winbrenner was a 7-year police veteran, a father of a 4-year-old girl and 
engaged to be married to an employee of Papa Don's Pub, where the shooting 
happened.

Akron Police Chief James Nice said Winebrenner, Wokaty and Capes saved peoples' 
lives when Ivery opened fire on the bar early Sunday morning.

Nice detailed what he observed on surveillance video taken from the bar. He 
said Ivery was escorted out of the building once by an employee earlier in the 
night. The 2 talked for about 5 minutes.

Ivery returned to the bar later with a gun, Nice said. Winebrenner, Capes and 
Wokaty all noticed Ivery toting a gun, Nice said. Wokaty is a bouncer at the 
bar and Capes was a patron.

All 3 rushed Ivery as he pulled his gun, Nice said. Some shots were fired 
inside the bar and others were fired after the group shoved Ivery outside, Nice 
said.

Winebrenner was struck in the chest and Capes in the foot, according to Nice 
and court records.

"Their conduct is heroic," Nice said.

1 man suffered major injuries but is recovering. Another suffered injuries to 
his leg. The 2 others were shot in the arm and in the torso.

No one other than Ivery fired a shot in the bar, Nice said.

"It's just a guess, but many people would have been shot," Nice said. "5 were 
shot as is, 3 that actually addressed him directly. Had he not been forced out 
by these individuals, many people would have been shot."

Hlynsky said Ivery was lucky he was taken alive considering he was found when 
it was dark and officers knew he had a gun.

"The hatred for him is so bad here," Hlynsky said of Ivery. "Believe me, I'd 
like to take a crack at this guy and so would a lot of other people here."

Fundraisers, memorials set

Memorials and fundraisers are being set up in Winebrenner's honor. Donations 
can be sent to the Officer Winebrenner Memorial Fund at the Akron Police Credit 
Union, 217 S. High Street, Room 508, Akron, Ohio.

A vigil is scheduled for 6 p.m. Monday at the East Market Street United Church 
of Christ.

(source: cleveland.com)


ARKANSAS:

Machete Killing Victims Drunk At Time Of Death, Medical Examiner Testifies


The Fort Smith man accused of slashing 2 men to death with a machete last year 
began his murder trial Monday in Sebastian County Circuit Court.

Gregory Kinsey is charged with 2 counts of capital murder in the June 2013 
deaths of Brandon Prince and Nathan Young. Prosecutor Dan Shue said he is 
seeking the death penalty in the case.

Attorneys for both sides delivered opening statements Monday morning, before 
the prosecution moved on to calling witnesses. A medical examiner testified 
blood tests showed Prince had a .22 blood-alcohol level at the time of his 
death, while Young's blood-alcohol level was .10.

A neighbor who said he witnessed the killing also testified and said Kinsey 
approached the men and told them, "I am Satan," before the altercation.

Kinsey's attorney said the suspect acted in self-defense during the incident, 
and he was provoked by Prince and Young, along with another man who survived 
the machete altercation.

Authorities found Prince and Young dead from extensive cuts outside a duplex on 
North D Street near downtown Fort Smith. Investigators said Kinsey killed both 
of them with a machete he was carrying at the time of his arrest. During his 
investigation, Kinsey told authorities he was walking home from the Dollar 
Store when he was approached by the group of three men who became 
argumentative.

Kinsey told police he attacked Prince and Young after he told them to back off 
and felt they wouldn't let him go. Kinsey has been behind bars, without bond, 
at the Sebastian County Detention Center since his arrest that night.

The trial comes after several resets in the case so that both sides could 
properly prepare. Authorities released surveillance video last year showing 
Kinsey at a nearby Dollar General buying paper towels, soda and tea bags the 
night of the incident. Moments later, police said he and 2 men fought in an 
alley near the store.

911 calls at the time indicate that the confrontation had turned violent.

911: "Where's your emergency?"

Caller: "I need an ambulance at 1618 North D like right now, I don't know what 
just happened someone is bleeding to death."

The 911 call continues, as a frantic neighbor describes the scene and comforts 
screaming children in the background.

Police found the bloody Dollar General bags inside Kinsey's home, according to 
court documents. They also seized several knives from his home.

According to the medical examiner, Young's cause of death was "multiple chop 
wounds," while Prince sustained "injury to axillary artery due to chop wound of 
left arm."

Video was also released of Kinsey interviewing with police after his arrest. In 
the video Kinsey offered his account of what happened, telling officers, "He 
(Nathan) asked me why I was creeping around in the shadows like that. I became 
angry. I tossed my bags and yelled and told him, 'Please, I don't want to go to 
prison today.'"

Kinsey told police he had a clear mind at the time of the attack and once it 
began he described feeling like he was watching a movie.

"I remember he tried to flee, but I don't think I registered it at the time. I 
pursued him. I kept trying... I wasn't trying to kill him. I was trying to 
incapacitate him. It's just once I started swinging, I just kept swinging," 
said Kinsey to police.

Judge Stephen Tabor issued what attorneys called a "partial gag order" in the 
case. The order blocked some photos from being released, including 2 photos of 
Young and Prince taken at the crime scene as well as photos from inside 
Kinsey's home.

2 videos from Kinsey's cell phone were also blocked from being released.

Before the gag order was issued, though, photographs were released showing the 
inside of Kinsey's apartment, where walls were smeared with a red substance, 
showing finger-marks and handprints

(source: KFSM news)






MISSOURI----impending execution

Execution date nears for Missouri man


Attorneys for a Missouri man scheduled to be executed this week are asking the 
courts and Gov. Nixon to spare his life, alleging that race played a role in 
his death sentence.

Leon Taylor is scheduled to die by injection at 12:01 a.m. Wednesday for 
killing an Independence, Missouri, gas station attendant during a robbery in 
1994. He would be the 9th man put to death in Missouri this year and the 11th 
since November 2013.

Taylor is black. The victim of the crime, Robert Newton, was white.

The jury at Taylor's trial deadlocked on sentencing, and a judge imposed death. 
The Missouri Supreme Court ordered a new sentencing, and an all-white jury 
opted for the death penalty.

(source: Associated Press)






SOUTH DAKOTA----nex execution date

Warrant of execution issued for Rodney Berget


A warrant of execution has been issued for a man convicted of killing a South 
Dakota correctional officer.

Attorney General Marty Jackley announced Monday that the execution of Rodney 
Scott Berget has been scheduled for May of 2015. The warrant states the 
execution will take place between the hours of 12:01 a.m. and 11:59 p.m. during 
the week of May 3 through May 9 of 2015.

A specific time and date will be selected by the warden of the State 
Penitentiary, Jackley said. Per South Dakota law, the warden will announce the 
date within 48 hours of the execution.

Berget was convicted and received the death penalty for his role in a 2011 
prison escape attempt that resulted in the killing of correctional officer 
Ronald Johnson. Another inmate charged in Johnson's death, Eric Robert, was 
executed in 2012.

(source: KSFY news)






COLORADO:

Death penalty expert off prosecution team in Aurora theater shooting 
case----Dan Zook, who previously tried 4 death penalty cases as a prosecutor in 
El Paso County, came to the 18th Judicial District in early 2013 specifically 
to work on the trial of accused theater shooter James Holmes


An experienced death penalty prosecutor brought to the Arapahoe County district 
attorney's office to handle the Aurora theater shooting trial is no longer on 
the case.

But according to state records and recent case filings, he is no longer on the 
case. Michelle Yi, a spokeswoman for District Attorney George Brauchler said 
Monday that Zook is no longer with the DA's office, but said she could not 
comment further because of a gag order in the case.

According to the Colorado Supreme Court's attorney registration database, Zook 
is still registered as a lawyer with the DA's office, but his law license is 
listed as "inactive." According to the Colorado Office of Attorney 
Registration, Zook's license has been inactive since March.

Zook last appeared in court for a hearing in the Holmes case in October 2013, 
according to court records. He was listed as one of the prosecutors in court 
documents until August.

Zook did not immediately return a message seeking comment Monday.

In a statement announcing Zook's hiring last year, Brauchler said Zook is an 
experienced prosecutor well-versed in capital cases.

"Dan is the most experienced death penalty prosecutor in the state of Colorado 
and a national expert on these cases. He brings a wealth of talent to our 
office and will be a valuable addition to our team. His career shows his 
dedication to achieving justice for the people of the state of Colorado," 
Brauchler said at the time.

Holmes is accused of killing 12 and wounding dozens more during a July 20, 
2012, shooting rampage at an Aurora movie theater. He has pleaded not guilty by 
reason of insanity and prosecutors are seeking the death penalty.

He is due in court Tuesday for a hearing about what images the judge will allow 
to be admitted at his trial next year.

(source: Aurora Sentinel)


USA:

Eric Holder Shares His Feelings On The Death Penalty


This interview was reported for The Marshall Project, a nonprofit news 
organization that just launched. For more criminal justice news produced and 
curated by The Marshall Project, sign up for their email. You can also like 
them on Facebook, or follow them on Twitter.

Bill Keller and Tim Golden of The Marshall Project spoke with Holder in 
Brooklyn, where he was visiting a widely praised drug court. The transcript has 
been edited for length and clarity.

The Marshall Project: You've been pretty outspoken on criminal justice issues 
across the board - more outspoken than your boss, actually. What would you 
single out as your proudest accomplishment in the area of the criminal justice 
system, and what would you single out as your biggest disappointment?

Holder: In January 2013 I told the people in the Justice Department after the 
re-election that I wanted to focus on reforming the federal criminal justice 
system. I made an announcement in August of that year in San Francisco, when we 
rolled out the Smart on Crime initiative. It was a way of breaking some really 
entrenched thinking and asking prosecutors, investigators, the bureaucracy - to 
think about how we do our jobs in a different way - to ask the question of 
whether excessively long prison sentences for nonviolent offenders really 
served any good purpose, how we used enhancement papers, moving discretion to 
prosecutors and asking them to make individualized determinations about what 
they should do in cases, as opposed to have some big policy sent to them from 
Washington.

And I think that by and large - not without opposition, to be totally honest - 
the federal system has embraced that vision. And I think that we have started 
to see the kind of changes that I hoped we would see.

And the biggest disappointment?

I'm proud of the fact that - in 2010, I guess - we reduced that ratio, the 
crack-powder ratio from 100-to-1 to about 17- or 18-to-1. I'm still 
disappointed that, given the lack of a pharmacological distinction between 
crack and cocaine, the ratio is not 1-to-1. You know, it was the product of a 
lot of hard work that the president was intimately involved in. But I think he 
would agree with me that that number should be at 1-to-1. Before the 2nd term 
is over, could there be a push for a 1-to-1 ratio?

That is something that I know the president believes in, that I believe in. One 
of the things that I'd like to see happen before the end of this administration 
is that there would be a drug court in every district in this country. As I 
speak to my successor, the 83rd attorney general, and as I speak to the 
president, I'm going to push them to make that a goal for this administration, 
to have a drug court in every district by the end of Barack Obama's 2nd term.

While we're on the subject of drugs, a lot of people, including your choice to 
be the head of the Civil Rights Division, have pointed out that marijuana 
accounts for an awful lot of the excessive incarceration in this country, and a 
fair amount of the disproportionate numbers of African-Americans who are in 
that system. You've held back from calling for marijuana decriminalization. 
What holds you back?

I think the question of how these drugs get scheduled and how they are 
ultimately treated is something for Congress to work on. I think we've pushed. 
We have done an awful lot. You look at what's going on now in Colorado and 
Washington and the way we've dealt with those initiatives, identifying the 8 
priority areas that we thought still would warrant federal involvement, and yet 
if you look at where we are now with those states and with what other states 
are doing, and the way we view the whole issue of the use of medical marijuana, 
we're in a fundamentally different place than we were when Barack Obama became 
president and I became attorney general.

So I think we've made significant progress in looking at that drug in a more 
realistic way. But I think our society has to ask itself the question of how 
ultimately we are going to view the use of marijuana.

Are you saying that you and the president can't afford to get too far ahead of 
public opinion on this?

The enforcement policies that this administration has undertaken, in its 
decision not to sue, for example, in Colorado - not to try to preempt those 
laws in Colorado and Washington - really shows leadership. And it took guts for 
the president to do what he did, what we did together. So I don't think it's a 
question of following public opinion. I think that we have taken leadership 
positions.

What we have learned through other huge societal changes is that we can lead, 
we can point the way, but society has to come along. I can think of a couple of 
different areas where I don't think that was done, where we sought to impose 
things. And I think that has led to controversy where, if given a little more 
time, society would have gotten to a better place.

Would you predict that the ultimate outcome of this evolution on marijuana is 
that it's decriminalized?

I certainly think that you're going to see decriminalization efforts be more 
widespread around the country. I'm not sure exactly where it will ultimately 
end up. And I'm not sure what we see in Colorado and Washington are necessarily 
predictions of the future.

Mass incarceration is one of the very few areas in today's policy world where 
there actually is some common ground between right and left. When you have Cory 
Booker and Rand Paul cosponsoring legislation and Newt Gingrich and Rick Perry 
adding these issues to their agenda - how significant is that?

It's both jaw-dropping and heart-warming to see that an issue that is that 
important can get people from such disparate political views together. To think 
that you can have Rick Perry, Eric Holder, Rand Paul, Newt Gingrich, Dick 
Durbin, Patrick Leahy all essentially agreeing - there might be some 
disagreement about approaches on the fringes - with the basic notion that mass 
incarceration is not financially sustainable and also is not just, not fair. To 
get some of the most conservative members of the Republican Party agreeing with 
the Democratic Black Caucus is something that bodes well for what I think needs 
to happen in this country.

We have 5 percent of the world's population, 25 % of the people in 
incarceration. That's not something that we can sustain. 1/3 of the budget at 
the Justice Department now goes to the Bureau of Prisons, and if you look out 
to 2020, it goes up to 40, 45 % or so. Which squeezes out the other things we 
want to do with regard to other areas of crime that we want to focus on, other 
initiatives that we want to support.

And then if you look at the impact that mass incarceration has on communities 
from which these people are extracted, it leads to broken families, it leads to 
social dysfunction, it tends to breed more crime. So - look, I'm a prosecutor 
first and foremost, and as a judge I put people in jail for extended periods of 
time when that was appropriate. Smart on Crime says if you commit violent 
crimes you should go to jail, and go to jail for extended periods of time. For 
people who are engaged in non-violent crimes - any crimes, for that matter - we 
are looking for sentences that are proportionate to the conduct that you 
engaged in.

Have you reached out to any of these figures on the right? Personally?

Oh, yeah. We had lunch with Rand Paul. I've had breakfast with some of my more 
interesting adversaries in Judiciary hearings - Trey Gowdy, Jason Chaffetz. We 
had these kinds of conversations where I think there was a growing realization 
that we have to change things. You know, this war on drugs that we've been 
involved in for 30, 35 years.... We have not considered all the collateral 
impacts of the war on drugs, and I think people are now prepared to do that, 
and not tar the people who are asking these questions with being "soft on 
crime." It doesn't have that political resonance that it once did, so I think 
people are willing to step up and take some changes to do what they believe, 
and I believe, is the right thing.

Given all that, why hasn't the Smarter Sentencing Act become law?

I think it was - and I want to say "was" - a victim of the dysfunction, the 
gridlock in Washington D.C., where a lot of good ideas go to die. After the 
election, next year, I'm actually optimistic that a version of that act will 
become law. I think the stars are kind of lined up.

Looking at the realignment process in California and other experiments that are 
out there in reducing incarceration, do you worry at all about the danger of a 
race to the bottom, in which states and counties are much more eager to get 
people out of prison and stop paying for it than they are to pay for the 
housing and social services that will assure a lower crime rate in the future?

If this is done correctly you not only save money, you keep the American people 
safe by cutting down on the recidivism rate.

But this cannot be seen as simply something that is cost-saving, because that 
would potentially lead to states' doing exactly what you say: racing to the 
bottom, and just trying to push people out of prison.

I think people who have responsibility for the criminal justice systems around 
the country understand that if you do that you???re really only putting people 
out for some short period of time before they ultimately come back. So there 
has to be a greater emphasis on rehabilitation while people are in prison, and 
then reentry efforts to prepare them to exit prison.

Did you notice, or have any reaction to, the news that the Koch brothers 
recently donated money to the National Association of Criminal Defense Lawyers 
to help support indigent defense?

I was not aware of that. That's a good thing to hear - people from very 
different places along the ideological spectrum understanding that we have to 
make our criminal justice system more fair. It's about 51 years or so after 
Gideon, and there are way too many people on the civil side, as well as the 
criminal side, who don't have their legal needs met. There's a justice gap. And 
to hear that the Koch brothers would be contributing money in that way is 
something that I think should be applauded.

I was at a conference not long ago with some U.S. attorneys who were upbraided 
by one of the federal defenders who said, we're doing all kinds of innovative 
stuff and coming up with new programs and bearing a disproportionate share of 
the responsibility for solving these problems. But we're way underfunded, and 
you, the Justice Department, could be doing a whole lot more to help us. Why 
aren't you?

We are. The Access to Justice Initiative has not only been something that has 
shared best practices. We have, to the extent that we could, funded different 
ideas around the country, tried to raise the consciousness of various states, 
usually through their court systems, to fund indigent defense. So, yeah, we 
understand that there is a financial component to this, there is a resource 
component to this issue. The people who work for me, assistant U.S. attorneys 
in many of our offices, have caseloads that are way too large, but, boy, you 
look at the average public defender, and the amount of time that they are 
allowed to spend with a client before they have to enter into a courtroom and 
try to zealously defend that person - those caseloads are just, well, they???re 
just unbearable. Just unbearable. That is something that we have to fix. I 
think in some ways, that's the ultimate test.

The question will be, are we prepared to spend money, to live up to who we say 
we are as a nation? Are we going to live up to Gideon, one of the great Supreme 
Court cases of all time, and give money for the defense of people who are 
charged with crimes? That, I think, is going to be difficult. But I think 
again, there is a growing consensus that it's the right thing to do for a whole 
bunch of reasons. It's the morally right thing to do, and ultimately it saves 
us money in the long run.

How do you feel about the privatization of prisons, prison services, 
post-prison services like parole? Is that a good thing?

You know, I suppose it can be done well. But I am a person who believes that 
that's essentially a state function, a government function. I think it's done 
best by well-funded, well-led governmental entities. That's just where I come 
from.

The country has been moving away a little bit from privatization on the prison 
side, but now there is a new burst of business from the surge in immigration 
detention going to private companies, some of which have rather checkered 
pasts. Are you comfortable with that?

No, I'm not. I'm concerned about what I hear about, documented cases that have 
been presented to me about the way in which people who are in the system for 
immigration reasons - as opposed to drug selling or violent crime - and the way 
in which people are treated, the conditions under which they are held. That is, 
I think, extremely troublesome. It points to the need for comprehensive 
immigration reform. This is another place where we are going to look in the 
mirror and ask ourselves, who are we as a nation? Are we prepared to devote 
governmental resources to that issue? And that is quintessentially something 
for the government to do. There can be a place for the private sector to help 
in that regard, but I think government must lead in that area.

The Obama administration came in advocating transparency in the business of the 
federal government. Why hasn't the Justice Department gotten involved in 
litigation in Oklahoma, Missouri, Florida and elsewhere involving transparency 
as it relates to lethal injection drugs? You've got all these states going to 
enormous lengths to keep secret the nature of the drugs they use. You guys have 
stayed out of those cases even when the states have tried to keep that 
information from judges.

What the president has asked me to do is to review the death penalty. Among the 
things we're looking at are the protocols that we use. There's essentially been 
a moratorium in the federal system, and given the issues that we have around 
these questions of drugs, where you get them, it will be interesting to see how 
that moratorium ultimately resolves itself.

This is something the president has asked me to look at. My hope is to have a 
report on his desk before I leave as attorney general, both with regard to the 
protocols and the policy behind the death penalty, or the use of the death 
penalty.

I think that the issue is made real when you look at some of the things that 
have happened in the states over the last year or so, where you had these 
botched executions, where you had an inability to get the appropriate drugs. 
We've had doctors unwilling to participate in the process. I think this is 
pushing this country toward some really fundamental questions about - even 
though, you know, people still support the death penalty by 55 %, or whatever 
the number is - some fundamental questions about continued use of the death 
penalty.

There was an execution that was just stayed by the Supreme Court in Missouri, 
that had to do in part with a case in which a defendant missed the deadline for 
filing a habeas claim in federal court. That deadline came from the 1996 
Antiterrorism and Effective Death Penalty Act. You were around when that came 
into being. Is that part of the array of issues that you???re looking at?"

Yeah, I would think so. When you're talking about the ultimate penalty, when 
you're talking about the state taking someone's life, there has to be a great 
deal of flexibility within the system to deal with things like deadlines. There 
is always a need for finality in the system, that is a good thing. But there 
has to be enough flexibility so that you can look at the substance of a claim, 
especially when the death penalty is at stake. If you rely on process to deny 
what could be a substantive claim, I worry about where that will lead us.

I disagree very much with Justice Scalia's certitude that we have never put to 
death an innocent person. It's one of the reasons why I personally am opposed 
to the death penalty. We have the greatest judicial system in the world, but at 
the end of the day it's made up of men and women making decisions, tough 
decisions. Men and women who are dedicated, but dedicated men and women can 
make mistakes. And I find it hard to believe that in our history that has not 
happened.

I think at some point, we will find a person who was put to death and who 
should not have been, who was not guilty of a crime.

(source: The Marshall Project By Bill Keller & Tim Golden; Huffington Post)