I have never been a big fan of the death penalty.
If you recall, a couple of years ago the governor of Illinois declared a moratorium on executions in that state after a study showed that a number of people on death row had been found innocent thanks to DNA evidence.
A bill authorizing a similar moratorium has been filed in the Missouri House of Representatives. The logic is simple. Once you make a mistake and hand out the death penalty to the wrong person, you can't just shake your head and say, "I'm sorry."
The possibility of being wrong is not the only problem with the death penalty. The U. S. is one of the few civilized nations that still uses the ultimate form of punishment.
Plus, it is administered unfairly. Study after study has shown that the majority of people in death rows across the United States are members of minority groups.
But the biggest difference in whether or not you are going to receive the death penalty is an economic one. If you have the money, you generally are not going to get the needle.
A case in point recently happened in southwest Missouri and has been mostly overlooked.
A Mount Vernon man who was sentenced to death in connection with the a New Year's Day 1996 murder in Lawrence County had his case sent back there for another sentencing hearing.
In its Dec. 7 ruling, the Missouri Supreme Court said Brandon Hutchinson's lawyers should have presented evidence that their client had mental health problems, had been sexually abused, and had a long history of drug and alcohol abuse and emotional problems.
Hutchison was convicted in October 1996 of two counts of first-degree murder in connection with the deaths of Ronald Yates, 35, and Brian Yates, 30, both of Aurora. The brothers` bodies were found along a road in Freistatt.
Two others, Freddy Lopez and Michael Salazar, both of Verona, also were charged in the case. Court documents indicate that Salazar took the first shots at the brothers, but are unclear as to who fired the fatal shots.
Salazar admitted to the shootings and was sentenced to life in prison, but during Hutchinson's trial, Lopez, who had struck a deal with the prosecutors, testified that Hutchinson fired the fatal shots.
No one appears to be sure who really did it. Salazar may have admitted to the crime to keep from getting the death penalty. What is sure is that economic circumstances are what put Brandon Hutchinson on death row and gave Freddy Lopez a much shorter sentence.
According to the Supreme Court decision, Lopez initially was in the same boat as the other two, but he was able to hire a high-priced defense attorney "after his sister won a large cash prize in the California lottery."
Armed with the sister's money, Lopez's new lawyer negotiated a $230,000 settlement in a wrongful death lawsuit filed by the murder victims' family against Lopez. In exchange for the money, the court decision said, the family recommended that Lopez be sentenced to no more than 10 years in prison.
At the plea hearing, the decision said, a continuance was granted to make sure that the money was deposited in the victims' family's account before the sentence became final.
Hutchinson was not allowed to present evidence about the plea bargain agreement at his trial.
The arrangement led to cries of justice for sale. "The prosecutor testified that he did not believe 10 years was a just sentence, but he made the recommendation at the family's request, so that they could get the money. The sentencing judge testified that he did not know the specifics of the agreement, but he was aware that there was an agreement that involved a payment to the family."
Freddy Lopez was able to buy his way out of a major sentence for two murders while a young man with a long history of instability was sentenced to death.
If that were an isolated incident, the death penalty might still be effective. Unfortunately, it isn't.
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More fun comments from Duane Lammers, COO of Nexstar Broadcasting, owner of KSNF-TV and de facto owner of KODE. Lammers told Morris Wilkes, Cox Communications vice president of public affairs, that "we are going to pound you on KSAN' referring to negative advertising against the cable company if it did not pay the money Nexstar is asking to continue to carry that station in San Angelo, Texas. The quote was featured in a recent edition of the San Angelo Times.
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The Joplin Globe is advertising for a photographer. Applicants should have a "solid news background, an innate ability to tell stories visually and be proficient in Photoshop," according to its ad. The position will pay $20,000 to $25,000 a year.