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Two recent executions show why we should kill the death penalty

Virginia should end the death penalty, and focus on crime prevention

Date published: 8/8/2006

CHARLOTTESVILLE--Thirty years ago this month, in Gregg v. Geor- gia, the U.S. Supreme Court authorized states to resume capital punishment so long as they could eliminate "substantial risk that it would be inflicted in an arbitrary and capricious manner."

Virginia marked the anniversary by executing Brandon Hedrick on July 20, then Michael Lenz on July 27. Brandon Hedrick was barely 19 years old when he shot Lisa Crider, a young mother from Lynchburg. Michael Lenz was already in prison when he retaliated against a threatening fellow inmate, Brent Parker.

The details of these cases highlight the need to protect the promise of Gregg and eliminate the arbitrariness in the administration of the death penalty.

For example: Since Hedrick's trial, the execution of persons with mental retardation has been prohibited. Hedrick's IQ was measured at about 76, putting him within a range considered mildly mentally retarded. Virginia law requires capital defendants to receive a comprehensive evaluation about mental retardation, but does not allow Virginia courts to act in cases like Hedrick's because he was too far along in the process.

Brandon Hedrick apparently "chose" electrocution as his method of execution. Regardless of a prisoner's mental capacity the Virginia Department of Corrections consistently refuses to allow prisoners to consult with counsel when choosing a method of execution. Guards come to the prisoner's cell in the dead of night to have them fill out the Method of Execution form. If inmates choose a method of execution--or even if they don't, by refusing to fill out the form--the state attorney general's office contends that the prisoner has waived any protection against the imposition of cruel and unusual punishment.

As the federal government provides this right to those facing execution, one must ask: Why does Virginia deny it?

Also, since Hedrick's trial, Virginia established specialized regional capital defender units appointed in every death penalty case. These units are intended to eliminate the disparity in the quality of representation in death penalty trials.

Far from providing "quality" work, however, one of Hedrick's lawyers admitted "[we] did not meet to seriously discuss trial strategy until one business day before trial." His lead attorney had never before selected a capital death-qualified jury--and neither lawyer had ever completed a capital murder trial.

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Date published: 8/8/2006