S. HRG. 107-485 PROTECTING THE INNOCENT: ENSURING COMPETENT COUNSEL IN DEATH PENALTY CASES Printed for the use of the Committee on the Judiciary 79-994 DTP U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah STROM THURMOND, South Carolina ARLEN SPECTER, Pennsylvania JON KYL, Arizona MIKE DEWINE, Ohio JEFF SESSIONS, Alabama BRUCE A. COHEN, Majority Chief Counsel and Staff Director MAKAN DELRAHIM, Minority Staff Director 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 Brackett, Kevin S., Deputy Solicitor, 16th Judicial District, York, South Caro- Bright, Stephen B., Director, Southern Center for Human Rights, Atlanta, Collins, Hon. Susan, a U.S. Senator from the State of Maine Delahunt, Hon. William D., a Representative in Congress from the State 54 Eisenberg, Ronald, Deputy District Attorney, Philadelphia, Pennsylvania LaHood, Hon. Ray, a Representative in Congress from the State of Illinois Pryor, Hon. William H., Jr., Attorney General, State of Alabama, Mont- Administrative Office of the United States Courts, Washington, DC: Leonidas Ralph Mecham, Director, July 5, 2001, letter Leonidas Ralph Mecham, Director, July 16, 2001, letter American Bar Association, Governmental Affairs Office, Norman Lefstein, Rowley, Maureen Kearney, Chief Federal Defender, Eastern District of Penn- Smith, Hon. Gordon H., a U.S. Senator from the State of Oregon, statement ment Young, Denise, Attorney, Tempe, AZ, statement Page 125 126 127 130 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 (1) |