Dead Wrong
February 1, 2001
By BOB HERBERT
Darby
Tillis spoke briefly at a press conference on the steps of City
Hall in Lower Manhattan last week, which was remarkable. He was
supposed to have been strapped to a gurney and executed by an
injection of poison years ago. It turns out he was innocent. But
that didn't become clear to the authorities until he had spent nine
long, debilitating years on death row in Illinois.
It's
a crapshoot if you're condemned by the government to die and you
happen to be innocent � a crapshoot with tremendously long odds.
You may convince some court of your innocence on appeal. Most
likely you won't.
Watching
Mr. Tillis was a little like watching a ghost. He stood stoically
in a bitter cold wind coming off the East River. He spoke directly
to the bank of television cameras arrayed before him. "The
death penalty is too final," he said. "It is dead wrong."
The
press conference preceded a hearing before the City Council on a
resolution calling for an indefinite moratorium on the death
penalty in the state of New York. The hearing and the resolution
were not just ceremonial. They were part of a growing campaign to
bring a halt to executions across the country because of the
arbitrary and unfair ways in which the death penalty is
administered, and because of the great potential for terrible
mistakes to be made.
Four
years ago the American Bar Association said executions should be
stopped until a greater degree of fairness and due process could be
achieved. Last year the governor of Illinois, George Ryan, declared
a moratorium in his state, citing the exoneration of 13 death row
inmates since 1977. And dozens of municipalities have approved
non-binding resolutions, similar to the proposal in the New York
City Council, urging their states to declare death penalty
moratoriums.
Wariness
about the death penalty has steadily increased as more and more
becomes known about the treacherous ways in which it is imposed.
Even staunch supporters of capital punishment are expressing
concern about the execution of individuals whose lawyers were
incompetent or slept through long portions of their trials; or
prisoners so mentally deficient they asked to save portions of
their final meals until later; or � especially � those
individuals who might in fact have been innocent.
Death
penalty advocates, conditioned to overwhelming public support for
capital punishment, have been surprised, if not astonished, by some
of the national polling data that has come in over the past several
months. Two separate polls have shown that nearly two-thirds of
Americans favor a suspension of the death penalty until issues
about the fairness of its application can be resolved.
And
a CNN/USA Today/Gallup Poll taken last June showed that only a
slender majority � 51 percent � believe the death penalty is
applied fairly. According to that poll, 80 percent of Americans
believe an innocent person has been executed in the U.S. in the
past five years.
"Support
for the moratorium is based on a growing recognition that there are
widespread, systemic problems that undermine any confidence that
the death penalty in this country is imposed reliably, fairly or
justly," said Elaine Jones, president of the NAACP Legal
Defense and Educational Fund, who testified at the New York City
Council hearing.
"The
costs of prosecuting capital cases are enormous," she said,
"diverting much-needed funds from other law enforcement and
crime prevention programs in pursuit of a penalty that has never
been shown to have a deterrent effect."
Anthony
Amsterdam, a New York University law professor who has been a
leading death-penalty defense lawyer for three decades, said he
believed there was no way to really make the death penalty work.
"You can't do it by being super-scrupulous about legal
procedures," he said, "because what happens is that you
winnow it down to a very few people, and you get 20-year waits on
death row and incredible expenditures."
But
if you don't do that, he said, "you increase the likelihood of
killing people who are innocent."
The death penalty is outlawed in most civilized
countries. The more vigorously it is applied in the U.S., the more
its support among Americans diminishes. It's an idea whose time has
gone.
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