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Death Penalty Posturing
That’s the title of an editorial in today’s Albany Times-Union. LINK
New Yorkers have had to pay hundreds of millions of dollars for a death penalty law that never should have been signed in the first place. And that’s only half the outrage. There is reason to believe that former Gov. George Pataki, who ran on a campaign pledge to restore capital punishment in New York, knew the law that he signed in 1995 was too flawed to withstand court challenges. If so, then hundreds of millions of dollars were wasted on nothing more than political posturing.
First, some background: When Mario Cuomo lost his bid for a fourth term as governor in 1994, many political analysts blamed his defeat largely on his opposition to capital punishment, namely, his vow to veto any death penalty bill that the Legislature might pass. Mr. Pataki, in fact, seized on that very issue as he ran a law-and-order campaign that promised the ultimate penalty for convicted murderers. He touted the 1995 law as a major achievement of his administration.
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As all New Yorkers know by now, the promise proved to be an empty one. New York’s death penalty law was struck down by the state Court of Appeals in 2004, and last October the same court ordered the Legislature either to amend it or leave matters stand. Thankfully, the Assembly chose the latter option.
But what many New Yorkers may not know is how much this flawed law has cost them. An article Monday by our court reporter Robert Gavin cited an estimate by New Yorkers Against the Death Penalty of $200 million as of 2005. Most of the expense was for the Capital Defender’s Office, which was established to provide death penalty defendants with the best legal representation possible. As recently as 2003, the state was allocating $13 million a year for the office.
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Even this year, when Gov. Paterson and state legislative leaders were searching for ways to save money and close a $4.7 billion deficit, some $368,000 had to be allocated to shut down the office. This year’s costs, which are expected to be the final ones, will be for storage of files.
Robert Gavin’s article was noted in this post.
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