Equal Justice and Fair Play

ImageReport: State should explore changes to death penalty system By TIM MCGLONE, The Virginian-Pilot © October 13, 2006

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Virginia should follow Illinois ' example and halt executions while exploring changes that would make the capital punishment system more just, according to a report released Wednesday by Virginians for Alternatives to the Death Penalty.

"From a distance, our system of criminal justice is a gleaming American jewel which we can proudly hold up to the world as a model for fairly separating the innocent from the guilty," former Attorney General William G. Broaddus wrote in a cover page to the report.

"Viewed close up, however, we know that even with the increased scrutiny by the courts and legislative bodies, the system's ideals are, on occasion, imperfectly protected. "

Former Illinois Gov. George Ryan halted all executions in that state in 2000 and commuted the death sentences of more than 100 inmates after the exonerations of more than a dozen death-row inmates in a 22- year period.

Illinois instituted a number of changes, including videotaping confessions, but a moratorium remains in place. A crime commission in that state recommended 85 changes to the system. Some, but not all, were instituted.

Virginia has instituted 12 of those 85 changes in recent years, including improved DNA and forensic testing procedures and permitting videotaping of confessions.

Another recommendation is to reduce the number of crimes that are death-penalty eligible. The Virginia General Assembly, however, has proposed to do just the opposite: Expand the list of capital punishment crimes to include those who kill judges and those who plot a killing alongside a triggerman.

Legislation enacting a moratorium on executions has been introduced in recent years but has found few supporters in the legislature.

Jack Payden-Travers, director of Virginians for Alternatives to the Death Penalty, said he plans to distribute the report to legislators and judges in the hope of "beginning a serious dialogue that has yet to take place."

Virginia Attorney General Bob McDonnell, through a spokesman, dismissed the report as "recommendations by a disgraced former governor of Illinois , who has been convicted of corruption and is facing 6-1/2 years in prison." Ryan was convicted of racketeering and fraud charges unrelated to the death penalty.

The recommendations "do not outweigh the legal and public support for Virginia 's constitutionally correct death penalty statute,"

McDonnell's spokesman, J. Tucker Martin, said in an e-mail.

A spokesman for Gov. Timothy M. Kaine said they had not had a chance to read the report.

The study was conducted by a team of lawyers from the Washington law firm, Dickstein Shapiro, and supervised by former Maryland U.S. Sen.

Joseph D. Tydings. It is scheduled to be available today at http://www.vadp.org/.

Reach Tim McGlone at (757) 446-2343 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

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