- August 3
Neb.
Changes Death Penalty Method
By
KEVIN O'HANLON, Associated Press Writer LINCOLN, Neb. (AP) - The Nebraska
Supreme Court ordered two killers removed from death row Friday and said
three-judge panels can no longer impose the death penalty without a
unanimous vote. The courted ordered C. Michael Anderson and Peter
Hochstein sentenced to life in prison. The pair have been on death row for
23 years after being sentenced to die on a 2-1 vote for the 1975 contract
killing of an Omaha real estate developer. ``We conclude that the
impositions of sentences of death based on non-unanimous determinations of
three-judge sentencing panels ... were error,'' wrote Judge Lindsey
Miller-Lerman. The ruling comes amid a national debate over the death
penalty and follows the release of 10 death-row inmates based on new tests
of DNA evidence. Two U.S. Supreme Court justices have hinted the court
might re-enter the debate over whether the death penalty is being applied
fairly. The Justice Department is also reviewing information about racial
and geographic disparities in the federal death penalty system. Nebraska
law allows death sentences to be imposed by a trial judge or a panel of
three judges, including the trial judge. The trial judge has the option of
asking that a panel be appointed. After an earlier appeal, Anderson, 49,
and Hochstein, 46, were resentenced to die in the electric chair by a
three-judge panel. Attorneys for the two men argued that the panel's split
decision indicated doubt in their sentence and a flaw in the system of
three-judge sentencing panels in capital cases. The high court agreed.
``Given the legislatively recognized `enormity and finality' of the death
penalty, and the legislative directive to apply `scrupulous standards of
fairness' in imposing sentences of death, we decline to endorse sentences
of death based on speculation,'' Miller-Lerman said. The panel that
sentenced Anderson and Hochstein unanimously agreed that Abboud's killing
was a murder for hire and sufficient to justify a death sentence. However,
it was divided on whether a lack of criminal history was a strong
mitigating factor in weighing the death penalty. The panel also was
divided on whether the death sentences were excessive compared to
penalties imposed in similar cases. Assistant Attorney General J. Kirk
Brown said the decision was curious. ``The Supreme Court has concluded
that a single judge, regardless of what motivates them, can veto a death
penalty,'' he said. ``It leaves us in the interesting position where one
district judge can sentence someone to death, but two can't.'' Defense
attorney Alan Stoler said he was relieved by the decision. ``We argued
strenuously all along that the statute must be strictly construed - that
death is a different and ultimate penalty and, as such, a unanimous
decision must be reached,'' he said. Earlier this week, a state study said
death penalty cases are handled differently in urban and rural areas of
Nebraska, and prosecutors are more likely to seek a death sentence against
those who kill wealthy or prominent people. Hochstein and Anderson are the
only two men on Nebraska's death row who were put there by a sentencing
panel's split decision. Seven others are awaiting the death penalty in
Nebraska. Three men have been put to death since the state resumed
executions in 1994 after a 35-year hiatus. Colorado, the only other state
to use sentencing panels, requires unanimous decisions.
August 2, 2001
Nebraska
Is Said to Use Death Penalty Unequally
By
PAM BELLUCK A new study of capital punishment suggests that it is applied
unequally in rural and urban areas and that defendants whose victims are
affluent are more likely to get the death penalty. Regarding race, the
study, which looked at cases that were eligible for the death penalty in
Nebraska, found that white and nonwhite defendants were about equally
likely to receive the death penalty. It also found no significant evidence
that members of minorities who killed whites were more likely to be
sentenced to death. But the study found striking differences in the way
that urban and nonurban counties handled the death penalty, discrepancies
that had more subtle racial implications. Prosecutors in urban counties,
namely the Omaha and Lincoln areas, were more likely to seek the death
penalty and were more likely to take death penalty cases to trial rather
than accept plea bargains. The reasons for this were not clear, but
experts said it might be because urban counties have more money and
experience than rural areas to handle complicated cases.At the same time,
judges in urban counties were less likely to impose a death sentence than
judges in rural areas, perhaps, experts suggested, because urban areas had
many more murders and judges waited for an especially severe crime to
impose the most severe sentence. The effect of the rural-urban differences,
the study concluded, was that minority defendants, the vast majority of
whom were prosecuted in Omaha and Lincoln, were more likely to face the
prospect of capital punishment at trial. But because urban judges were
less inclined to impose the death penalty, members of minorities in
Nebraska were ultimately no more likely than whites to be executed.The
Nebraska report, released by the Nebraska Crime Commission yesterday, is
the first of eight death penalty studies commissioned by states in the
last few years. The other states are Arizona, Connecticut, Illinois,
Indiana, Maryland, North Carolina and Virginia.The Nebraska study looked
at 177 homicides that were eligible for the death penalty in 1973 through
1999. Of those, 27 received the death penalty, and 3 have been
executed.National experts on both sides of the capital punishment debate
said the most significant finding was that prosecutors were more likely to
seek the death penalty and judges more likely to impose it in cases where
the victim was well-off. The study's authors, led by David C. Baldus, a
law professor at the University of Iowa, wrote that this might be because
"press coverage and manifestations of community concern" are
greater when the victim is wealthy or prominent or that prosecutors and
judges may unconsciously identify more with the victim."I'm not aware
of another study that made a confident finding about the effect of
socioeconomic status," said James S. Liebman, a law professor at
Columbia University who has represented defendants in death penalty
appeals. "This is something that people have long suspected, that in
essence it is a penalty only for crimes committed that are seen as
important crimes and that people don't think of it as an important crime
unless it's against a high status person."Michael Rushford, president
of the Criminal Justice Legal Foundation and a death penalty advocate,
said the death penalty was not being imposed often enough against people
whose victims were poor. "There are going to be disparities,"
Mr. Rushford said. "Look, there's a rich neighborhood and somebody
gets killed and it wasn't his wife killed him and the district attorney
knows he's going to get campaign contributions, so he says death
penalty."Nebraska's death penalty system is different from other
states in several ways. The decision about whether to impose a death
sentence is made by a panel of judges appointed by the governor. In most
states, juries impose death sentences, and in the few states where judges
do, the judges are usually elected. Nebraska law also requires judges to
measure a capital case against comparable cases to ensure that the
sentence is not wildly out of sync. Both factors probably mean Nebraska's
system is more controlled and perhaps fairer than those in other states,
the study's authors and other experts suggested. In addition, Nebraska has
a small minority population highly concentrated in two cities, which
experts said may make the conclusion on lack of racial disparities less
representative of the national picture. The study was commissioned in 1999
by the legislature after Gov. Mike Johanns vetoed the legislature's
proposal for a moratorium on executions. Governor Johanns, a Republican,
also vetoed the proposed study, but was overridden.But yesterday, he
hailed the study and said it would bolster efforts to speed up executions.
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