Green River Plea May Crimp Death Penalty (ya think? alert)

Yahoo! News ^ | November 5, 2003 | GENE JOHNSON

[El Conservador]

SEATTLE - Legal experts say the plea bargain with the Green River Killer raises a thorny question: If the state of Washington is not going to execute someone who has confessed to murdering 48 people, how can it ever again put anyone to death?

It is a question of simple fairness: Under state law, the Washington state Supreme Court is required to review every death sentence handed out, and must consider whether the sentence "is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant."

Some lawyers say a death sentence for someone who killed one or two people could well be considered "disproportionate" when compared to what Gary Leon Ridgway got.

"People are concerned that if they don't seek the death penalty in the Ridgway case, it would not be permissible to seek it in any case," said University of Washington criminal law professor John Junker. "How do you find anybody who's done worse than he's done?"

That logic may have national implications.

When the U.S. Supreme Court (news - web sites) cleared the way for the death penalty in 1976, it was with the understanding states would ensure it was being applied proportionally, said Richard Dieter, executive director of the Washington, D.C.-based Death Penalty Information Center.

In theory at least, someone on death row for a murder in Texas could appeal on the grounds it's unfair to execute him while Ridgway was spared.

"This is a glaring example that may even interest the Supreme Court," Dieter said Wednesday. "There will be appeals, and there may well be a review about the whole country's use of the death penalty. If it can't be applied more uniformly or predictably, maybe we shouldn't have it."

Ridgway, a 54-year-old truck painter, pleaded guilty Wednesday to the murders of 48 women in a deal that spares him from the death penalty for those slayings and assures him a sentence of life in prison without parole.

Washington state has executed four people since the resumption of capital punishment. Washington is one of 38 states with the death penalty.

Initially, King County Prosecutor Norm Maleng vowed he would not bargain with Ridgway over the death penalty, precisely for the reason of proportionality. It would be unfair not to apply it to the Green River Killer when the state has executed far less prolific killers, he said.

Roger Hunko, president of the Washington Association of Criminal Defense Lawyers, said another serial killer in Washington state is already testing the proportionality argument.

Three years ago, Robert Yates confessed in Spokane County to killing 13 people, but he was then tried, convicted and sentenced to death for killing two other people in Pierce County.

Hunko, who represented Yates at trial, said Yates will argue on appeal: If Yates did not get the death penalty for 13 murders in one county, how can he get it for two in another?

Mark Roe, Snohomish County's chief criminal deputy prosecutor, said it is too soon to tell how sweeping an effect the Ridgway plea will have.

"We don't stop trying cases because we're pessimistic about what the Supreme Court will do with it some day," Roe said.

[El Conservador]

The court have just given a piece of judicial precedent that may well do away with the death penalty in the U.S, or at least in the State of Washington.

[Agnes Heep]

All I can say is, they deserve their serial killers.

[goldstategop]

If I go out and kill a 100 women, wait a few decades, I don't have to worry about being executed. So there's compassion for a serial killer. I am missing something here though. Where's the justice for his victims??

[eeman]

From a practical standpoint, it would not matter if they did away with the death penalty in this state, since they have not executed anyone in WA state for 20 years.

On the other hand, having the death penaly on the books may compel killers like Ridgeway to confess

[RedBloodedAmerican]

He pleaded guilty to all of them, not just the ones he was tied to, and thats how he copped a deal. It doesn't seem right, but they get closure on all the cases. IMO it has nothing to do with the validity of the death penalty.

Not to worry; he won't last long in prison.

[WackyKat]

Men have been sent to death row for merely being the getaway driver in an armed robbery in which their partner killed someone, even in the absence of any evidence that killing the victim was part of the robbery scheme.
This case sure makes the DP look unfair.

[c-five]

He pleaded guilty to all of them, not just the ones he was tied to, and thats how he copped a deal. It doesn't seem right, but they get closure on all the cases.

In my view, that's one very good reason for having the death penalty available. It stinks, but I can hold my nose if he 'fesses up for everything so people don't have to wonder. I would hope 'proportionality' takes that benefit into account.

[GeronL]

PLease, DP is as unfair as the rest of the system. Some get years some get months and some get probation.

Maybe we should just legalize all crime.

[Chad Fairbanks]

From a practical standpoint, it would not matter if they did away with the death penalty in this state, since they have not executed anyone in WA state for 20 years.

If I recall correctly, we executed Jeremy Sagastegui, a 27 year old P.O.S. who raped, stabbed, and drowned a 3-year old boy, then killed his mom and somene else when they came home. He was "babysitting".

The execution was in october of 1998, I believe.

[bigfootbob]

This plea deal came from a "mainstream" Republican prosecutor named Norm Maleng. Contemptable. Wait until the graphic details about Ridgway's necrophilia, using his 7 year old son as an unwitting accomplice to murder & necrophilia (multiple times), his observations about "how the younger ones would plead for their life harder", than his older victims, and his total lack of remorse surfaces in the next weeks, it's most reprehensible.

I hope this ruins any further political aspirations of this "mainstream" Republican. It will also affect the future political career of a popular sheriff of the same county who was the lead dectective on this case in the begining. He flirted with running for Governor, (as an R), of this State for the past year or so until this case broke.

[Chad Fairbanks]

And of course, I can't forget James Elledge, another P.O.S. we executed in 2001 I believe...

20 years? Hardly.

[Senormechanico]

I live near Seattle, and have heard more than the national news has reported. There was live radio coverage of the court proceedings today.

This piece of human excrement had sex with the dead bodies aftewards. Sometimes he even went back to the scene a day or so later for more. He said he'd kill another one when the flies came.

Death would be too good for this subhuman slime. I hope he gets it in prison one way or another.

[bigfootbob]

He'll never be near the general population. They have a special unit for him as they do the perps awaiting death. No death row in this prison system.

[Tribune7]

If the state of Washington is not going to execute someone who has confessed to murdering 48 people, how can it ever again put anyone to death?

If the state of Washington did not have the death penalty that guy would not have confessed to murdering 48 people. In other words, 40 or so of those murders would have gone unresolved.

[Chad Fairbanks]

If he had been caught before 1993, they wouldn't have had the death penalty to hang over him either - IIRC, we didn't restart the DP until that year...

[Chad Fairbanks]

This piece of human excrement had sex with the dead bodies aftewards. Sometimes he even went back to the scene a day or so later for more. He said he'd kill another one when the flies came.

Well, apparently even HE had standards...

[RedBloodedAmerican]

He's getting death? I thought he would be in with other prisoners who are lifers.

[RedBloodedAmerican]

Yep. When I moved to Auburn in 91, they were talking about it then and IIRC they referred to this series of murders as reason to have it.
Didn't he kill one in the mid 90s that entered the Green River near where he dumped some of the others, but that it washed downstream into Seattle and they found it around where I5 passes over the river (just south of the city)? Did he do that one, too?

[RedBloodedAmerican]

Wasn't that in Tacoma?

[Chad Fairbanks]

He's claiming 48, right? That sounds about right. Can't recall if there were more than that which were "officially" tied to the GR case... So not sure if the one you are talking about is part of it...