Death penalty ruling being watched

DEATH PENALTY
Kansans on death row wait for court's ruling
BY ALAN BJERGA

Eagle Washington bureau

WASHINGTON - The U.S. Supreme Court is expected to rule this week in a case that will likely decide whether prosecutors can pursue death sentences against two of the alleged killers of Chelsea Brooks.

The ruling also will likely determine whether Greg Moore will get the death sentence if he is convicted of killing Harvey County sheriff's Deputy Kurt Ford. Moore's murder trial continues today in Sedgwick County District Court.

If the nation's highest court upholds the Kansas Supreme Court's decision to strike down the state's death penalty, prosecutors won't be able to pursue a death sentence against Elgin "Ray-Ray" Robinson and Theodore G. Burnett, two men charged with capital murder in the strangulation killing of 14-year-old Chelsea.

A third defendant in Chelsea's case, 17-year-old Everett Gentry, could be tried as an adult, but if convicted would not be eligible for the death penalty because he was not 18 at the time of the crime.

And even if Moore is convicted of capital murder before the U.S. Supreme Court's ruling, if that ruling strikes down the death penalty, he could not be sentenced to die.

But, if the court overrules the Kansas court, current death sentences will stand and new ones could be pursued.

The court's ruling, expected by Thursday at the latest, is "extraordinarily significant to the fate of Kansas' death penalty system," said Douglas Berman, a law professor at Ohio State University.

In total, there are eight men on Kansas' death row awaiting this ruling, and several others like Moore, Robinson and Burnett whose fate could be determined by what the justices decide to do.

Kansas law currently says, in effect, that if factors favoring the death penalty, such as the heinous nature of the crime, are equal to factors weighing against the death penalty, juries must sentence a defendant to death.

But the Kansas Supreme Court overturned the law in December 2004 on an appeal of the conviction of Michael Lee Marsh II, a Wichita man convicted of murder and sentenced to death in 1998. The state court ruled that the law unfairly tips the scales in favor of finding for the death penalty.

Whether that ruling will stand is the question the Supreme Court will answer this week. It's already been argued before the court twice, and court-watchers say the outcome is too close to call.

The second oral argument was held in April because new Justice Samuel Alito, who didn't hear the case when it was first argued, could cast the deciding vote.

During the time the state's death penalty has been disputed, juries have been allowed to continue deciding death sentences, although those death sentences will be invalid if the U.S. Supreme Court upholds the Kansas court ruling.

Attorney General Phill Kline, who argued before the U.S. Supreme Court that the death penalty should be kept, said he expects a 5-4 ruling one way or the other. Topeka defense lawyer Rebecca Woodman, who argued that the death penalty should be scrapped, declined to make any comment about the case until after a ruling is announced.

Sedgwick County prosecutor Kim Parker said prosecutors in the Brooks case haven't decided whether to seek the death penalty. No arraignment date has been set, and prosecutors have to state what penalty they are seeking within 10 days of that date.

But it's almost certain the Supreme Court ruling will occur before the arraignment. "We will do our best to comply with whatever decision they make," Parker said. "If they determine the statute is unconstitutional, then the statute allows for life without parole."

Berman noted that the court could also make a more narrow ruling that might not immediately resolve the status of the state's death penalty.

And if Kansas' death penalty law is thrown out, the Legislature can pass a new death penalty law. But a new law wouldn't apply to the case of Brooks, the 14-year-old expectant mother who was murdered on or around June 9, or to any of the other convicted killers whose crimes occurred before a new law could take effect.


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Just saw where the Kansas death penalty has been upheld by the U.S. Supreme Court by a 5-4 vote, with Alito breaking the tie.

My guess is that if this case had gone before the Court a year ago, it would have come out the other way, with O'Connor voting to strike it down.

i FOR ONE AM GLAD THEY VOTED TO KEEP IT NOW THEY NEED TO GET OFF THEIR DEAD ASSES AND PUT IT TO USE!!

stoney wrote:

i FOR ONE AM GLAD THEY VOTED TO KEEP IT NOW THEY NEED TO GET OFF THEIR DEAD ASSES AND PUT IT TO USE!!

Why?

tired of paying to feed these guys on death row, that's why. Bullshit of dragging it thru the courts for 10-20 years for worthless appeals is crazy. if was up to me found quilty and sentenced to death, the following Saturday in the town square would be a public execution. You choose: hanging, or firing squad!

If that was the case all these hideous crimes would come to a halt, I bet

stoney wrote:

tired of paying to feed these guys on death row, that's why. Bullshit of dragging it thru the courts for 10-20 years for worthless appeals is crazy. if was up to me found quilty and sentenced to death, the following Saturday in the town square would be a public execution. You choose: hanging, or firing squad! If that was the case all these hideous crimes would come to a halt, I bet

Do the numerous people that have been released from death row after proving that they were innocent play into this at all? That is the only reason I am against the death penalty - mistakes do happen, and after someone is killed, it is too late to fix it.

As for stopping the hideous crimes, I really don't think that anyone who commits such crimes gives two seconds of thought as to what their punishment would be if they get caught. I can't imagine any killer would say "Wow, I would commit this crime if I knew I was only going to spend the rest of my life in an 8x8 cell 23 hours a day, but since I might get the death penalty, I better not do it."

How do you really feel Stoney??

I do have to agree that many times it seems like people spend way to long on death row. I think a reasonable amount of time (ahemmm.....more than one work week, sorry Stone) needs to be allowed for appeals, but that in many cases too much time passes.

I am also an eye for an eye kinda girl. Might have made the Carr brothers thinks twice, huh?

sorry Kev but I got to disagree. I think ithey were made aware of the punishment or what would happen if found quilty then I think those violent crimes would go down. They know now that even if found quilty they can spend years and years on death row living out their lives with nothing happening.

I'm not saying I'm right and you're wrong by no means. There are faults in the system just like any other. has far has the wrong person being convicted??? With the way the DNA Tests are now a days don't think that happens alot. Agreed it did in the past before that but doesn't happen that often now. Can't lie about the DNA.

I still think public hangings would stop alot of these crimes from taking place. maybe I'm wrong. But the way it is now sure ain't working. By the time any death sentenence in this state is carried out those awaiting it will be dead already from natural causes.

And where is the justice at for the families and victims??

Texas, oklahoma, and i think Florida and Calif. lead the nation in serving out death sentences to those who receive them. All the rest of the states should follow suit.

Last edited by stoney on Mon Jun 26, 2006 10:58 am; edited 1 time in total

Cherrypicker wrote:

How do you really feel Stoney??

Stike up the band, grab a cold one, buy a tshirt, and watchem swing!!

stoney wrote:

Cherrypicker wrote: How do you really feel Stoney?? Stike up the band, grab a cold one, buy a tshirt, and watchem swing!!

Glad you cleared that up!

you did such a wonderful job on the SPUDA tshirt I bet you could make a killing on these. (pardon the pun) lol

Until the courts and law makers come up with a fool proof way to convict someone I will oppose the death penalty.

I understand and respect your position mctopeka, but then again there are no gaurantees in life, are there?

Cherrypicker wrote:

I understand and respect your position mctopeka, but then again there are no gaurantees in life, are there?

No, there is not. Which is why I think killing someone when there is no guarantee that they committed the initial crime is a bad idea.

(BTW, I would just like to add: "Shit! I hate it when MC agrees with me on something. It makes me think maybe I'm wrong.")

My problem with the death penalty is more of a practical one than a philosiphical one.

kevgraub wrote:

(BTW, I would just like to add: "Shit! I hate it when MC agrees with me on something. It makes me think maybe I'm wrong.")

Its a very tough subject with no easy answer, thats for sure.

kevgraub wrote:

(BTW, I would just like to add: "Shit! I hate it when MC agrees with me on something. It makes me think maybe I'm wrong.")

I get no love at all around here.

There there, Mc, Cherry loves you!

Quote:

Which is why I think killing someone when there is no guarantee that they committed the initial crime is a bad idea.

What if there is a confession and in that confession details the killer would or should know, Or eyewitness accounts (although even eyewitnesses are ven hard to prove sometimes) or being caught on tape etc...for evey time there is a wrong person found guilty I bet (just guessing here with todays technology) that there are 8 or 10 that are dead nuts proven, confessed, taped or whatever guilty that coulf fry and I would throw the switch.

Disclaimer: A good friend of mine was brutally killed back in Jan. there was an eyewitness, plus a confession, and the killer told police where to find certain item missing, I think this would be a perfect example of a death penalty case imo.

Maybe if they could establish some criteria for a DP case to where it is no possible way that they are wrong, but that will never happen. Also do some research on DNA (my son did a research paper last year on it) there are a ton of variables that play into it, it is not just always dead nuts, there is some interpertation to it.

So am I a yeah or neh guy. I think I would go yeah. Nothing is perfect and never will be, but what the hell.

stoney wrote:

Cherrypicker wrote: How do you really feel Stoney?? Stike up the band, grab a cold one, buy a tshirt, and watchem swing!!

If we had a real alternative to the death penalty I could(no pun intended) live with it. As long as there's any iota of these scumbags walking free one day I have a major problem. That problem even pales compared to the one that absolutely scares the bejesus out of me - - -
that being that JC weighs in on this subject. Oh the humanity!