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October 13, 2000/14 Tishri 5761, Vol. 53, No.3
Survey raises questions about death penalty
BARRY COHEN
Community Editor
Nearly half of Arizonans surveyed have doubts about the death penalty when given the alternative of life imprisonment without parole, according to the Coalition of Arizonans to Abolish the Death Penalty.
The group cited the survey at a press conference Sept. 27, coinciding with the first meeting of the Capital Case Commission, appointed recently by Attorney General Janet Napolitano to investigate the efficacy, timeliness and fairness of death penalty sentences in Arizona.
"I am hoping at the end of the day, when all the work is done, they will conclude it is not being fairly applied," said Eleanor Eisenberg, executive director of the Arizona Civil Liberties Union.
"It is incumbent upon (me) as the state's chief legal officer to instill confidence in the people of Arizona that the death penalty is imposed fairly," Napolitano said in a statement to the press.
Patty Urias, public information officer of the attorney general's office, said, "The commission is not discussing whether there should be a death penalty or not. Since we have it, the issue is how to ensure it is administered fairly."
The results of the public survey, conducted by the Behavior Research Center of Phoenix, are important when considering whether Arizona should administer the death penalty, Eisenberg pointed out.
Some 63 percent of those surveyed said they favor the death penalty, while 20 percent said they oppose it. But the percentage favoring the death penalty drops to 45 percent when given the alternative of a life sentence without parole, an 18 percent drop.
In addition, 49 percent want Arizona to follow Illinois' example of imposing a two-year moratorium on death-penalty sentences while the issue is investigated.
The commission is divided into four subcommittees: pre-trial, chaired by Tom LeClaire; trial, chaired by Superior Court Judge David Cole; appeals and post-conviction relief, chaired by Court of Appeals Judge Michael Ryan; and statistical analysis, coordinated by Arizona State University professor Peg Bortner.
The commision is scheduled to meet monthly and is to conclude in December.
Marty Lieberman, president of the Arizona Attorneys for Criminal Justice, said four months is not enough for the commission to consider the issues. He also expressed concern over matters the commission will not address, such as the fact that most death-row inmates are poor, there are not enough resources for a proper defense and that public defenders often lack the time and expertise to handle capital cases effectively.
Concerning the four-month window, Urias said, "It could be extended ... if commission members still feel there are issues to resolve."
LeClaire said his subcommittee would meet as often as needed to address the pre-trial issues.
At the end of the review process, the commission will make recommendations to Gov. Jane D. Hull, the legislature and the courts.
The commission next meets Monday, Oct. 23 at 8:30 a.m., Arizona Supreme Court Building, Room 119.
Its meetings are open to the public.
The coalition's next meeting is Oct. 28 at Christ the King Church in Mesa. For information, call 602-953-0173.
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