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Citing Cost, Judge Rejects Death Penalty
NY Times ^ | August 18, 2002 | ADAM LIPTAK

Posted on 08/18/2002 6:15:47 AM PDT by Pharmboy

A judge in a small, poor Ohio county told prosecutors there this month that they could not seek the death penalty in the murder of a college student because the county's share of the defense costs would be too great.

The decision, which experts say is the first of its kind, is a rare judicial acknowledgment of the powerful role money plays in death penalty cases.

"The law acknowledges that capital cases are different and require enhanced due process, for obvious reasons," Judge Jeffrey L. Simmons of the Court of Common Pleas in Vinton County wrote.

Noting that such cases "require additional resources," the judge added: "While the court has authority to approve expenses, it would be disingenuous to suggest that a trial judge can consider such requests without an awareness of the financial impact on this county. The court finds that the potential impact of financial considerations could compromise the defendant's due process rights in a capital murder trial."

The defendant, Gregory McKnight, is accused of killing Emily Murray in 2000. Ms. Murray, then 20, was a student at Kenyon College in Gambier, Ohio. She had been missing for a month when her body was discovered in Mr. McKnight's trailer, 80 miles away in Ray, Ohio, south of Columbus.

Mr. McKnight, 25, has also been charged with a second murder, in which the death penalty has not been sought. He was convicted of another killing as a juvenile in 1991 and served six years. He is now in prison on a burglary charge.

K. Robert Toy, who represents Mr. McKnight, said that his side's cost to try the case might amount to $75,000. With appeals and other postconviction litigation, total defense costs could reach $350,000, Mr. Toy said.

The state and county split defense costs roughly 50-50.

Michael M. Bledsoe, the president of the Vinton County Board of Commissioners, said the judge was right about the financial impact of the case but wrong to usurp the board's decision.

The county, Mr. Bledsoe said, has a population of about 13,000 and an annual budget of $2.7 million. "There's not a lot of money there, but still we're a can-do county," he said.

Mr. Bledsoe said the county financed the prosecutions of "four or five" murders last year. "It did throw hardship on the county," he said, "but we scraped by."

Mr. McKnight's case, though, is the only capital murder case in Vinton County in recent memory.

"In my position, I'm willing to stand behind what they want to do," Mr. Bledsoe said, referring to the prosecutors and the grand jury. "If they need the money, we'll find it."

On Wednesday, prosecutors asked Judge Simmons to reconsider and filed an appeal.

"What the judge is saying is that there's a death penalty in Ohio but not in Vinton County," said Joe Case, a spokesman for the attorney general's office. "There is nothing in the law that would allow the judge to dismiss the death penalty components of the charges. The people have a right to prosecute the case."

Judge Simmons was also mistaken about the financial impact of the case, Mr. Case said. "Regardless of whether it's a death penalty trial or just a murder trial, the cost is roughly going to be in the same ballpark," he said.

Gregory W. Meyers, the chief counsel in the death penalty division of the state public defender's office, disagreed. "There's a lot of procedural rigmarole that applies only in death penalty cases," Mr. Meyers said.

Capital defendants are entitled to two lawyers, while others get one. Jury selection is more complicated, as lawyers are entitled to inquire closely into jurors' views on the death penalty. Sequestering the jury during deliberations is required in capital cases and optional in others.

Most important, Mr. Meyers said, "The simple thudding reality is that for death penalty cases there are two potential trials: the trial phase and the penalty phase."

At the same time, he acknowledged that defense lawyers make cases as expensive as they can, within the bounds of the law, in the hope that financial issues will cause prosecutors to accept a lesser plea.

"One of the tools of defense lawyers is to work the bank," he said. "Sometimes you know darn well that what you're doing is grinding them down. There are many cases where, at the margin, a nondeath plea is on the table because of money."

Cynthia Murray of Cold Spring, N.Y., is Emily Murray's mother. She said the main problem with Judge Simmons's ruling was not obvious.

Ohio law contemplates life without parole as a possible sentence only where the death penalty is also in play. "If this judge's ruling stands and he's charged with only aggravated murder, the penalty would be only 20 or 30 years to life," Ms. Murray said. "I don't care if McKnight is put to death or not, but there should not be the slightest possibility that he will ever be free. I don't want to think about it 20 years from now that he should be walking around."

She added: "The worst thing that could ever happen has happened to us. I just want McKnight to be put away forever and ever."


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Ohio
KEYWORDS: deathpenalty; economics; smalltownamerica
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Let the state of Ohio kick in for the costs. This guy has given up his right to walk among us.
1 posted on 08/18/2002 6:15:47 AM PDT by Pharmboy
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To: Pharmboy
If it didnt take so long to execute this would not even be a viable argument from the left....

The appeals process is the problem.

2 posted on 08/18/2002 6:21:47 AM PDT by alisasny
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To: alisasny
I'll second your remarks!
3 posted on 08/18/2002 6:23:31 AM PDT by Amore
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To: Pharmboy
Lawyers love this game. Appeals after appeals and charge the stupid taxpayer. Seems there would be a better way out there.
4 posted on 08/18/2002 6:24:47 AM PDT by Captain Shady
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To: Pharmboy
So what these namby pambies are saying is that if you want to commit murder IN A DEATH PENALTY STATE and beat the executioner, commit the act in an impoverished area?

I live just east of there and there should be no good excuse for this. I say, if the defense loses the case at trial, the appeals process should have a smaller price tag on it. Lawyers who are no better than that don't deserve to keep charging top dollar after a conviction and if they DO, give them the needle as well!

5 posted on 08/18/2002 6:48:20 AM PDT by Wondervixen
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To: Pharmboy; All
It seems to me that justice is a two-way street, and that if the people can't afford to defend themselves then a court appointed lawyer should be provided at no charge. After all, we want everyone to get a fair trial, don't we?
6 posted on 08/18/2002 7:14:52 AM PDT by IncPen
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To: Captain Shady
It's not the lawyers but your state law. Often, death penalty convictions carry automatic appeals. Besides, lawyers who are appointed by the court on these cases, make very little off the taxpayers. On a case that we finished recently, we would have charged the guy $7,5000 - $10,000 to represent him. We were paid $1,400 by indigent defense. We have a bottom line we have to make every month, and if you're loaded up with taxpayer-paid cases, you won't meet that bottom line, yet they require the same amount of work and diligence that non-appointed cases require.

In other words, appointed lawyers are not willing to file frivilous appeals that cost his firm a few thousand dollars in time and costs, when he is only going to collect 1/4 of that. Plus we are not reimbursed for long distance or collect calls from the prison, mileage, travel time. We have to eat all that. We try to give the best defense we can with no frills.

7 posted on 08/18/2002 7:19:10 AM PDT by PistolPaknMama
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To: Pharmboy
Can we ask for donations to fry the pig? I'll chip in. The problem with crime in America is the penalties are too easy. I say we cook a few more and people will realize "crime does not pay".

To the chair with him. To the chamber. Ready set, inject!
8 posted on 08/18/2002 7:22:39 AM PDT by XtreMarine
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To: Wondervixen
Lawyers who are no better than that don't deserve to keep charging top dollar after a conviction and if they DO, give them the needle as well!

See my post #7.

You are suggesting that the lawyer should be executed with his client if he loses the case? I suppose if the defendant is found guilty, then the prosecutors should also be put to death? They are lawyers too.

Your idea of justice is similar to the Chinese judicial system.

9 posted on 08/18/2002 7:24:20 AM PDT by PistolPaknMama
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To: PistolPaknMama
That sounds rough. Maybe would be cheaper just to keep the inmates in prison with no chance of parole.Also easier on inmate if found truly not-guilty later on. It is impossible to resurrect folks at this time.

We had a fellow in jail here in SC that was falsely jailed for being the "Gaffney Stangler" back somewhere in the 60's .Fortunately the real killer ,LeRoy Martin,didn't like someone getting credit for his work.LeRoy basically confessed.LeRoy Martin didn't make it to the chair ,for his cell-mate killed him.

10 posted on 08/18/2002 7:30:10 AM PDT by Captain Shady
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To: Captain Shady
I didn't realize you were from SC, so am I...and I don't recall the Gaffney Strangler case.

The point was that the sentiment on this thread is to bash the lawyers. Lawyers do not get paid $200 an hour to defend indigent clients in appointed cases. South Carolina is currently paying $50 per hour. When you have to make a minimum of $10,000 per month to meet payroll, taxes, insurance, rent...you can't make a living off court appointed cases. However, you have as much an ethical duty to indigent clients as you do to clients who write you a check. One woman suggested that the lawyer should be put to death for losing (I guess for wasting tax dollars). The prosecutors who lose are paid with tax dollars as well, however, they are paid a salary by the taxpayers, along with health insurance and the taxpayer funded offices they work in.

The appeals process is dictated by state law...not the lawyers. In SC, death penalty cases carry automatic appeal. The appointed lawyer that represented the defendant at trial will not necessarily be appointed to the appeal. Thus the idea that a lawyer would lose just so he can get paid for an appeal (at $50 an hour) is ludicrous.

I'm not saying there aren't scoundrel lawyers. However most that I know are hardworking people who care about what they do. And lawyers are the only thing we have to ensure that our rights are protected when we are faced with prosecution. I have seen people who thought they could represent themselves get nailed to the wall because they don't know their rights. Unfortunately the general public can't educate themselves as to every nuance of every law and are dependent on those who specialize in this area.

For the lawyer bashers, if you are ever falsely accused, I wish you much luck representing yourself.

11 posted on 08/18/2002 7:55:23 AM PDT by PistolPaknMama
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To: PistolPaknMama
When did "entitled to a defence" become get the scumbag off for any reason possible. Shouldn't the lawyer defending him just monitor the court proceedings and not spend every waking moment looking for loopholes (hoping that if he does come up with some unique way of excusing what his client did he will become famous).

12 posted on 08/18/2002 7:58:27 AM PDT by raybbr
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To: PistolPaknMama
Nooooooooooooo, My idea of justice is similar to William Shakespere, but with a sporting angle thrown in!
13 posted on 08/18/2002 8:08:34 AM PDT by Wondervixen
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To: PistolPaknMama
Lets not execute lawyers.You're right that the legal problems in this nation are not all their fault. Its a big row boat, and we can all grab a ore.
14 posted on 08/18/2002 8:09:13 AM PDT by Captain Shady
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To: XtreMarine
"To the chair with him. To the chamber. Ready set, inject!"

Wouldn't it be nice to have a trial first? You know, maybe find out if he actually committed the crime?

Wonderous to see how seriously people take the presumption of innocence.
15 posted on 08/18/2002 10:23:10 AM PDT by mykej
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To: mykej
I am speaking in terms of guilt. I believe in the court system regardless of how slow and in spite of the many loop holes. However, if found guilty, then I am all for quick and swift justice.
16 posted on 08/18/2002 10:40:10 AM PDT by XtreMarine
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To: Wondervixen
Nooooooooooooo, My idea of justice is similar to William Shakespere, but with a sporting angle thrown in!

Excuse me, Miss, but have you ever even read Shakespeare? If you had, then you would know that the term "First we must kill all the lawyers..." is taken from a plan, not to restore order to society, but throw society into chaos, in a plot for revolution. By removing those who could defend the rights of peons, like you for instance, then tyranny could reign free and resistors could be eliminated without the nuisance of trial or due process.

The phrase is actually William Shakespeare's tribute to lawyers and his recognition of the important role they play in society. Your "idea of justice" is nowhere similar to Shakespeare's. I suggest you read the play.

17 posted on 08/18/2002 12:32:56 PM PDT by PistolPaknMama
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To: Pharmboy
Either these automatic appeals sometimes result in innocent people being acquitted or they don't.

If they do, why are those who were not sentenced to death, whose guilt is presumably less certain than that of those who were, not receive the same level of care in their cases?

And if they don't, why waste the money on them at all?

18 posted on 08/18/2002 2:13:47 PM PDT by supercat
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To: PistolPaknMama
Excuse me, Miss, but have you ever even read Shakespeare? If you had, then you would know that the term "First we must kill all the lawyers..." is taken from a plan, not to restore order to society, but throw society into chaos, in a plot for revolution.

Okay, so he had the right idea but for the wrong reason. >:*3

19 posted on 08/18/2002 2:14:52 PM PDT by supercat
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To: PistolPaknMama
Although I'm far from defending Wondervixen's position, I have, on a few occassions, a some folks claiming that Dick's line from 2 Henry VI, is a defense of lawyers. It's worth noting that it's usually a lawyer making this claim.

Anyhow, I don't buy it. The entire scene is a bit of a mockery of sorts, and that line is a continuation in that vein. Dick the Butcher is a killer, to be sure, but he's also one of the funnier characters in the play. The line comes during an exchange with Jack, who is describing his idea of utopia. Dick and the rest of Jack's gang are throwing in sarcastic comments about Jack's "scheme." Read on:

CADE.: We John Cade, so term'd of our supposed father,—

DICK.: [Aside.] Or rather, of stealing a cade of herrings.

CADE.: For our enemies shall fall before us, inspired with the spirit of putting down kings and princes,—Command silence.

DICK.: Silence!

CADE.: My father was a Mortimer,—

DICK.: [Aside.] He was an honest man and a good bricklayer.

CADE.: My mother a Plantagenet,—

DICK.: [Aside.] I knew her well; she was a midwife.

CADE.: My wife descended of the Lacies,—

DICK.: [Aside.] She was, indeed, a pedler's daughter, and sold many laces.

SMITH.: [Aside.] But now of late, not able to travel with her furred pack, she washes bucks here at home.

CADE.: Therefore am I of an honourable house.

DICK.: [Aside.] Ay, by my faith, the field is honourable; and there was he born, under a hedge, for his father had never a house but the cage.

CADE.: Valiant I am.

SMITH.: [Aside.] A' must needs; for beggary is valiant.

CADE.: I am able to endure much.

DICK.: [Aside.] No question of that; for I have seen him whipped three market-days together.

CADE.: I fear neither sword nor fire.

SMITH.: [Aside.] He need not fear the sword, for his coat is of proof.

DICK.: [Aside.] But methinks he should stand in fear of fire, being burnt i' the hand for stealing of sheep.

CADE.: Be brave, then; for your captain is brave, and vows
reformation. There shall be in England seven halfpenny loaves sold for a penny; the three-hooped pot shall have ten hoops; and I will make it felony to drink small beer. All the realm shall be in common; and in Cheapside shall my palfry go to grass; and when I am king, as king I will be,—
ALL.: God save your majesty!

CADE.: I thank you, good people;—there shall be no money; all shall eat and drink on my score, and I will apparel them all in one livery, that they may agree like brothers and worship me their lord.

DICK.: The first thing we do, let's kill all the lawyers.

CADE.: Nay, that I mean to do. Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment, that parchment, being scribbl'd o'er, should undo a man? Some say the bee stings; but I say 't is the bee's wax, for I did but seal once to a thing, and I was never mine own man since.



Now, I don't see how in any light this can be interpreted as a "praise" for lawyers, "defending the rights of peons." From the very beginning, Dick is mocking Jack--first his lineage, then his plan for utopia, in which the beer is plentiful and there will be no poverty.

Dick's comment on utopia is "first let's kill all the lawyers." Given the vein of Dick's previous comments, it is clearly a mockery of Jack--that is, the best thing we can do to ensure utopia is "kill all the lawyers." Jack doesn't grasp his mockery, and agrees. I think the later exchange between Jack and the clerk support my reading of this scene, in which Jack has a "mock trial" of the clerk before he is hanged, further poking fun at the profession of attorneys.

That being said, we see Shakespeare's attitude towards lawyers in other plays, like Hamlet (V, i):

HAMLET. There's another: why may not that be the skull of a lawyer? Where be his quiddits now, his quillets, his cases, his tenures, and his tricks? why does he suffer this rude knave now to knock him about the sconce with a dirty shovel, and will not tell him of his action of battery? Hum! This fellow might be in's time a great buyer of land, with his statutes, his recognizances, his fines, his double vouchers, his recoveries: is this the fine of his fines, and the recovery of his recoveries, to have his fine pate full of fine dirt? will his vouchers vouch him no more of his purchases, and double ones too, than the length and breadth of a pair of indentures? The very conveyances of his lands will hardly lie in this box; and must the inheritor himself have no more, ha?

My two cents on The Bard.
20 posted on 08/18/2002 2:42:43 PM PDT by Viva Le Dissention
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