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| Federal Judge Takes Issue With Death Penalty |
| By Associated Press |
| Published: 04/26/2002 |
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A federal judge Thursday said he was prepared to declare the federal death penalty unconstitutional on the grounds that too many condemned inmates turn out to be innocent. U.S. District Judge Jed S. Rakoff, of New York, said he would throw out the federal death penalty in the case of two men charged with drug and murder conspiracy unless the government can explain the number of wrongful convictions that wind up on death row. He gave the government a final opportunity to present arguments before he issues a final ruling after May 31. Citing post-conviction DNA testing that has freed 12 condemned inmates since 1985, Rakoff said that the possibility of an innocent person being executed would be 'difficult to square with basic constitutional guarantees, let alone simple justice.' Rakoff's ruling would not affect the death penalty laws of individual states. The government would probably appeal any ruling by Rakoff against the federal death penalty, limiting its effect to the case against the two men. If the federal appeals court in New York upheld Rakoff, the ruling would apply to federal cases in New York state, Connecticut and Vermont. The U.S. Supreme Court previously upheld the law's constitutionality. Federal prosecutors are seeking the death penalty in the case against Alan Quinones and Diego Rodriguez, members of a Bronx drug gang charged in the 1999 killing of an informant. Their trial is set for Sept. 2. Jean Barrett, a defense attorney in the case, said a decision by Rakoff against the death penalty statute would be courageous. Marvin Smilon, a spokesman for U.S. Attorney James B. Comey, said prosecutors had not yet seen Rakoff's order and could not comment. |
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