An El Paso County judge has ordered a new trial for a man convicted of double homicide, saying that DNA and other newly discovered evidence could acquit him.
Tim Kennedy, 52, was convicted in 1997 and sentenced to 50 years for the murders of Jennifer Carpenter, 15, and her boyfriend, Steve Staskiewicz, 37.Pro-death penalty advocates possess a mind boggling amount of faith in the government's ability to determine life and death. I don't possess that faith.
Neither does Tim Kennedy.
And it is not just that the government can be wrong. Far worse, it can be, and all too often is, malevolent.
In this case, the judge found that prosecutors failed to turn over potentially exculpatory evidence to the defense.
That is not cool.
And it is a gross abuse of government power.
Thank God for criminal defense attorneys. Without them, how many innocent people would be in jail?
4 comments:
There is no reason to even mention government in this. This prosecutor was paid by the COUNTY government - how much power is that? What should be stressed is this INDIVIDUAL's failure to present evidence, and he should be punished as an individual, instead of further tarnishing a government he has nothing to do with.
I must respectfully disagree with "Anonymous's" comment.
I don't care if he was paid by the school board, the prosecutor represents the State of Colorado.
Yes, he is an individual. The government is comprised of nothing but individuals. I fail to see the significance of that.
Anonymous asks "how much power is that?" Enough to wrongfully incarcerate a man for 10 years. And enough to seek the death penalty in a given case. I believe that to be an awesome amount of power.
While in theory I don't think the punishment is wrong the problem is we can not afford to ever, ever be wrong when administering the death penalty. It would be provide more justice overall and would appear to actually be less expensive to simply give out life sentences.
The Death Penalty: More Protection for Innocents
Dudley Sharp, Justice Matters, contact info below
Often, the death penalty dialogue gravitates to the subject of innocents at risk of execution. Seldom is a more common problem reviewed. That is, how innocents are more at risk without the death penalty.
Enhanced Due Process
No knowledgeable and honest party questions that the death penalty has the most extensive due process protections in US criminal law.
Therefore, actual innocents are more likely to be sentenced to life imprisonment and more likely to die in prison serving under that sentence, that it is that an actual innocent will be executed.
That is. logically, conclusive.
Enhanced Incapacitation
To state the blatantly clear, living murderers, in prison, after release or escape, are much more likely to harm and murder, again, than are executed murderers.
Although an obvious truism, it is surprising how often folks overlook the enhanced incapacitation benefits of the death penalty over incarceration.
Enhanced Deterrence
16 recent studies, inclusive of their defenses, find for death penalty deterrence.
A surprise? No.
Life is preferred over death. Death is feared more than life.
Some believe that all studies with contrary findings negate those 16 studies. They don't. Studies which don't find for deterrence don't say no one is deterred, but that they couldn't measure those deterred.
What prospect of a negative outcome doesn't deter some? There isn't one . . . although committed anti death penalty folk may say the death penalty is the only one.
Even the premier anti death penalty scholar accepts it as a given that the death penalty is a deterrent, but does not believe it to be a greater deterrent than a life sentence. Yet, the evidence is compelling and un refuted that death is feared more than life.
Enhanced Fear
Some death penalty opponents argue against death penalty deterrence, stating that it's a harsher penalty to be locked up without any possibility of getting out.
Reality paints a very different picture.
What percentage of capital murderers seek a plea bargain to a death sentence? Zero or close to it. They prefer long term imprisonment.
What percentage of convicted capital murderers argue for execution in the penalty phase of their capital trial? Zero or close to it. They prefer long term imprisonment.
What percentage of death row inmates waive their appeals and speed up the execution process? Nearly zero. They prefer long term imprisonment.
This is not, even remotely, in dispute.
What of that more rational group, the potential murderers who choose not to murder, is it likely that they, like most of us, fear death more than life?
Life is preferred over death. Death is feared more than life.
The False Promise
Part of the anti death penalty deception is that a life sentence, with no possibility of release, is a superior alternative to the death penalty. It's a lie. History tells us that lifers have many ways to get out: Pardon, commutation, escape, clerical error, change in the law, etc. There are few absolutes with sentencing. But, here are two: the legislature can lessen the sentences of current inmates, retroactively, and the executive branch can lessen any individual sentence, at any time. This has been, actively, pursued, for a number of years, in many states, because of the high cost of life sentences and/or geriatric care, found to be $60,000-$90,000 per year per inmate.
Innocents released from death row: Some reality
Furthermore, possibly we have sentenced 25 actually innocent people to death since 1973, or 0.3% of those so sentenced. Those have all been released upon post conviction review. The anti death penalty claims, that the numbers are significantly higher, are a fraud, easily discoverable by fact checking.
The innocents deception of death penalty opponents has been getting exposure for many years. Even the behemoth of anti death penalty newspapers, The New York Times, has recognized that deception.
"To be sure, 30 or 40 categorically innocent people have been released from death row . . . "(1) This when death penalty opponents were claiming the release of 119 "innocents" from death row. Death penalty opponents never required actual innocence in order for cases to be added to their "exonerated" or "innocents" list. They simply invented their own definitions for exonerated and innocent and deceptively shoe horned large numbers of inmates into those definitions - something easily discovered with fact checking.
There is no proof of an innocent executed in the US, at least since 1900.
If we accept that the best predictor of future performance is past performance, we can, reasonably, conclude that the DNA cases will be excluded prior to trial, and that for the next 8000 death sentences, that we will experience a 99.8% accuracy rate in actual guilt convictions. This improved accuracy rate does not include the many additional safeguards that have been added to the system, over and above DNA testing.
Of all the government programs in the world, that put innocents at risk, is there one with a safer record and with greater protections than the US death penalty?
Unlikely.
In choosing to end the death penalty, or in choosing not implement it, some have chosen to spare murderers at the cost of sacrificing more innocent lives.
--------------------------------
Full report -All Innocence Issues: The Death Penalty, upon request.
Full report - The Death Penalty as a Deterrent, upon request
(1) The Death of Innocents: A Reasonable Doubt,
New York Times Book Review, p 29, 1/23/05, Adam Liptak,
national legal correspondent for The NY Times
copyright 2007-2009, Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS, VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O'Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally.
Pro death penalty sites
Essays: http://homicidesurvivors.com/categories/Dudley%20Sharp%20-%20Justice%20Matters.aspx
www.dpinfo.comwww.cjlf.org/deathpenalty/DPinformation.htm
www.clarkprosecutor.org/html/links/dplinks.htm
www.coastda.com/archives.html See death penalty
www.lexingtonprosecutor.com/death_penalty_debate.htm
www.prodeathpenalty.com
http://yesdeathpenalty.googlepages.com/home2 (Sweden)
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