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Should Paul Powell be executed next week? Date published: 7/9/2009
PAUL W. POWELL, murderer, once Background: Spared death by the Virginia Supreme Court for killing the Reed girl, Powell wrote a prison letter to his nemesis, Prince William Commonwealth's Attorney Paul Ebert, gloating about his attempted rape of the victim--an "aggravating," death-warranting circumstance the court said Mr. Ebert had not proved--on the assumption he could not stand trial twice for the same homicide. But the CA laughed last. Since Mr. Ebert had never tried to prove the rape attempt, he was able to get a fresh indictment. Courts have ruled that the prosecutor's second bite at the apple isn't double jeopardy. Thus, the retried Powell is days from death. Few people in this state have a flimsier claim to deoxygenate their next breath than Paul Powell, who also raped, knifed, and left for dead Reed's 14-year-old sister. Yet the U.S. Supreme Court and Gov. Kaine, who can commute Powell's death sentence, should consider carefully his lawyers' appeal. Powell is, after all, scheduled to die for killing the same person whose murder, during a previous trial, netted him punishment. His case virtually defines the normal understanding of double jeopardy (as one federal appellate judge agreed). Also troubling, the second jury that convicted Powell heard that he had before been found guilty of a killing--not realizing it was of the same victim. Absent this perceived "aggravation," might the second jury have refused to sanction the death penalty? Paul Powell may indeed deserve to ride the lightning bolt. But the lightning bolt must be deflected if it also would char basic precepts of U.S. justice.
1. Be respectful. No personal attacks.
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