- August 7, 2001

New york times Death Penalty Study a Hot Topic

By THE ASSOCIATED PRESS LINCOLN, Neb. - The author of a study on Nebraska's death penalty said Tuesday that top state officials have taken his work out of context to support their pro-death penalty views. Nebraska Gov. Mike Johanns and Attorney General Don Stenberg have used the two-year study, released last week, to defend the state's death penalty, saying it shows execution is reserved for the state's worst criminals. There are seven men on death row.

``It's certainly an overstatement to say this study proves the death penalty is reserved for the worst of the worst,'' said University of Iowa law professor David Baldus.

Baldus said death penalty advocates and opponents alike would find aspects of the report that supported their arguments.

Released by the state Crime Commission, the study said there was no evidence that minority offenders were more likely to receive the death penalty than whites. It also found that prosecutors are more likely to seek the death penalty in cases where the murder victim is socially prominent or wealthy.

Stenberg defended his view of the study Tuesday.

``The law reserves the death penalty for the worst of the worst and the study shows that the greater the number of aggravating circumstances, the more likely the person is to receive the death penalty,'' he said. ``Everybody on Nebraska's death row deserves to be there.''

Johanns was traveling Tuesday and not immediately available for comment.

Tim Butz, director of the Nebraska chapter of the American Civil Liberties Union, said Baldus highlighted problems with the death penalty that were ignored or downplayed when the report was released.

``Clearly all is not right with the death penalty,'' Butz said.