A
death sentence that can't pass muster
No
surprise: Maryland's capital system is rife with errors, insufficient
cases and unfairness.
Originally
published
LIKE
HOUSES built on paper foundations, Maryland's death row cases are
crumbling, folding and disintegrating at a staggering rate.
A
year and a half ago, 17 men were condemned to die in this state. Now there
are merely 11.
The
six who dodged a state-sanctioned death had cases that were dogged by
procedural errors, a paucity of evidence connecting them to the crimes or
unconscionably bad legal representation.
And
now comes Kevin Wiggins, a borderline-retarded death row inmate who has
always insisted he didn't kill 77-year-old Florence Lacs in 1988.
A
federal judge recently declared that no rational juror could ever have
found that Wiggins committed the crime. There was no real evidence to
suggest he did, the judge said. Prosecutors tried to make a solid case
from porous material.
As
Wiggins prepares to leave death row (as he should) the message in all of
these cases is clear: Capital punishment is a sick joke in Maryland, a
fundamentally broken system that allows the shoddiest of cases to result
in ultimate judgment.
The
longer the state continues to operate its capital system without a serious
review of how and why decisions get made about who lives and who dies, the
less integrity our entire judicial system will have.
Wiggins'
case is a good example of the problems -- it's weak and circumstantial but
by no means aberrant in the twisted world of Maryland's death penalty.
Prosecutors
had no material evidence connecting Wiggins to the murder; they could only
surmise that he killed Lacs because he was in possession of her car and
credit cards. His fingerprints weren't in Lacs' house, and five other
unidentified fingerprints were.
Wiggins'
trial attorneys were inexperienced (one was later fired from the public
defenders' office) and they failed to introduce evidence at his sentencing
of the childhood abuse he suffered or his limited IQ, which stood at 72
when he was 10 years old.
There's
no question that Wiggins should leave death row, or that the state should
back off any efforts to reverse the federal judge's ruling.
His
conviction has always been a farce.
But
the state should go further to correct the capital system, too.
The
circumstances in Wiggins' case are all too familiar.
Eugene
Colvin-el, whose death sentence was commuted by the governor last year,
had a case in which the evidence was nearly as sparse as Wiggins'. (In
fact, Maryland Court of Appeals Judge John C. Eldridge once wrote in an
opinion that the evidence in Wiggins' case was "just as weak" as
the evidence in Colvin-el's.)
Several
other death row inmates suffered unimaginable abuse as children -- and had
lawyers who failed to introduce that abuse at sentencing, where it could
have made a difference. At least one has a low IQ.
It's
time for a serious examination of the death penalty, and a halt to
executions while that takes place.
Already,
a commission appointed by Gov. Parris N. Glendening is exploring racial
disparities in the state's death penalty, but the cascade of death
sentences that have been overturned for other reasons certainly points
toward myriad problems in the system.
A
bill calling for a moratorium on death sentences passed the House of
Delegates last spring, and might have passed the Senate if it had been
brought to a vote.
The
legislature should not balk when it meets in January.
Fix
the system, and stop the killing while the repairs take place.
Any
other course of action defies common sense, fairness and any notion that
justice is the goal behind state-sanctioned killing.
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