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S. HRG. 107-485

PROTECTING THE INNOCENT: ENSURING COMPETENT COUNSEL IN DEATH PENALTY CASES

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Printed for the use of the Committee on the Judiciary

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WASHINGTON : 2002

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COMMITTEE ON THE JUDICIARY

PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah JOSEPH R. BIDEN, JR., Delaware

STROM THURMOND, South Carolina HERBERT KOHL, Wisconsin

CHARLES E. GRASSLEY, Iowa DIANNE FEINSTEIN, California

ARLEN SPECTER, Pennsylvania RUSSELL D. FEINGOLD, Wisconsin

JON KYL, Arizona CHARLES E. SCHUMER, New York

MIKE DEWINE, Ohio RICHARD J. DURBIN, Illinois

JEFF SESSIONS, Alabama MARIA CANTWELL, Washington

SAM BROWNBACK, Kansas

MITCH MCCONNELL, Kentucky
BRUCE A. COHEN, Majority Chief Counsel and Staff Director

SHARON PROST, Minority Chief Counsel
MAKAN DELRAHIM, Minority Staff Director

129 28758

LC Control Number

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2002 435484

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STATEMENTS OF COMMITTEE MEMBERS
Durbin, Hon. Richard J., a U.S. Senator from the State of Illinois
Feingold, Hon. Russell D., a U.S. Senator from the State of Wisconsin
Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah
Leahy, Hon. Patrick J., a U.S. Senator from the State of Vermont

WITNESSES
Brackett, Kevin S., Deputy Solicitor, 16th Judicial District, York, South Caro-

lina

Bright, Stephen B., Director, Southern Center for Human Rights, Atlanta,

Georgia

Collins, Hon. Susan, a U.S. Senator from the State of Maine

Delahunt, Hon. William D., a Representative in Congress from the State

of Massachusetts

Eisenberg, Ronald, Deputy District Attorney, Philadelphia, Pennsylvania

Ellis, Hon. Rodney, Texas State Senator, Austin, Texas

Graham, Michael R., Roanoke, Virginia

LaHood, Hon. Ray, a Representative in Congress from the State of Illinois
Pryor, Hon. William H., Jr., Attorney General, State of Alabama, Mont-

gomery, Alabama

Wilkinson, Beth, Co-Chair, Constitution Project's Death Penalty Initiative,

Washington, D.C.

SUBMISSIONS FOR THE RECORD

Administrative Office of the United States Courts, Washington, DC:

Executive Summary

Leonidas Ralph Mecham, Director, July 5, 2001, letter

Leonidas Ralph Mecham, Director, July 16, 2001, letter

American Bar Association, Governmental Affairs Office, Norman Lefstein,

Washington, DC, statement

Benjamin, Steven D., Benjamin & DesPortes, P.C., Richmond, VA, statement

Brackett, Kevin S., Deputy Solicitor, State of South Carolina, York, SC,

July 2, 2001, letter

Bruck, David I., Attorney, Columbia, SC:

statement

letter, July 2, 2001

Constitution Project's Death Penalty Initiative, Washington, DC, summary

of recommendations and attachment

Equal Justice Initiative, Bryan A. Stevenson, Executive Director, Mont-

gomery, AL, statement

Former prosecutors, law enforcement officers, and Justice Department offi-

cials, endorsement

Liebman, James S., Simon H. Rifkind Professor of Law, Columbia Law

School, New York, NY, July 2, 2001, letter

Lloyd, Charles J., Lindquist & Vennum, P.L.L.P., Minneapolis, MN, June

26, 2001, letter

Louisiana Crisis Assistance Center, Clive Stafford Smith, Director, New Orle-

ans, LA, statement

Mississippi Post-Conviction Counsel Project, Charles J. Press, Director, Jack-

son, MS, statement

Pescetta, Michael, Assistant Federal Public Defender, Office of the Federal

Public Defender for the District of Nevada, Las Vegas, NV, statement

Page

Rowley, Maureen Kearney, Chief Federal Defender, Eastern District of Penn

125 126

sylvania, Philadelphia, PA, July 5, 2001, letter Smith, Hon. Gordon H., a U.S. Senator from the State of Oregon, statement Texas Defender Service, Maurie Levin, Managing Attorney, Austin, TX, state

ment Young, Denise, Attorney, Tempe, AZ, statement

127 130

PROTECTING THE INNOCENT: ENSURING

COMPETENT COUNSEL IN DEATH PENALTY CASES

WEDNESDAY, JUNE 27, 2001

U.S. SENATE,
COMMITTEE ON THE JUDICIARY,

Washington, DC. The committee met, pursuant to notice, at 10:04 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Patrick J. Leahy, Chairman of the Committee, presiding.

Present: Senators Leahy, Feinstein, Feingold, Hatch, Specter, and Sessions.

Chairman. LEAHY. Good morning. I am going to withhold my opening statement for a few minutes to accommodate two of the most distinguished members of the House who have a vote in a short while.

I would just note that the Members are_Congressman Ray LaHood, of Illinois, and Congressman William Delahunt, of Massachusetts. Both Mr. LaHood and Mr. Delahunt are close personal friends, one a Republican, one a Democrat. They are the main sponsors of this legislation in the other body, and with the permission of Senator Collins, I thought we would go first with their statements. I appreciate very much their taking the time to be here. I also applaud the enormous amount of work done in a totally bipartisan fashion in the other body.

Congressman LaHood?
STATEMENT OF HON. RAY LAHOOD, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF ILLINOIS Representative LAHOOD. Thank you, Mr. Chairman. Thank you very much for accommodating our schedule and the fact that we have a vote. I am going to be very brief. I assume our statements will be made a part of the record.

Chairman LEAHY. They will.

Representative LAHOOD. Let me just say, as a Republican, as much as I dislike the idea of all of you folks taking over the Senate, I think this really enhances our opportunity to pass this bill, your bill, and thank you for your leadership in this and getting us all involved in the House. You really have shown extraordinary leadership on this issue.

Just very briefly, Mr. Chairman, I have been a proponent of the death penalty and still am a proponent of the death penalty, but I do believe that when the death penalty is meted out and adminis

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