[Congressional Record Volume 148, Number 38 (Wednesday, April 10, 2002)]
[Senate]
[Pages S2478-S2479]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE 100TH DEATH ROW INMATE EXONERATION
Mr. FEINGOLD. Mr. President, this Monday, Mr. Ray Krone walked out of
an Arizona state prison a free man. In doing so, he became the 100th
innocent person to be released from death row in the modern death
penalty--era that is, since the Supreme Court found the death penalty
unconstitutional in 1972.
At about 5 pm on Monday, Krone ``traded his orange prison jumpsuit
for blue jeans and a T-shirt,'' then walked away from a prison in Yuma,
AZ, according to the Arizona Republic. Krone had spent the last 10
years of his life in prison for a crime it is now almost certain he did
not commit.
In 1992, Krone was sentenced to death for the gruesome sexual assault
and murder of Kim Acona, a cocktail waitress at a Phoenix lounge. After
his conviction was overturned on a technicality, Krone received a re-
trial but was convicted again in 1996 and, this time, sentenced to life
in prison.
The key to his release was DNA testing that pointed not to Krone, but
to Kenneth Phillips. It just so happens that Phillips is serving time
in another Arizona prison for an unrelated sex crime. Prosecutors are
now deciding whether to charge Phillips.
``There's tears in my eyes,'' Krone said upon his release. ``Your
heart's beating. You can't hardly talk.''
At a press conference announcing that the prosecutor and Phoenix
Police Chief would seek Krone's release, the prosecutor said, ``[Krone]
deserves an apology from us, that's for sure.'' He continued, ``A
mistake was made here. . . . what do you say to him? An injustice was
done and we will try to do better. And we're sorry.''
But, there is more that the American people can say to Krone. We can
do more than just talk or apologize. An apology is the first step. But
we can also act. We can act to ensure that not another innocent person
faces execution. We can do so by conducting a thorough review of the
death penalty system. And while this review is taking place, we can and
should suspend executions.
Congress has the opportunity to do just that. We can act by passing
my bill, the National Death Penalty Moratorium Act. Together we can say
enough is enough. Together we can say that one mistake too many has
been made. Together we can say let us pause and have an independent,
top-to-bottom review of the administration of the ultimate punishment
our society can exact, the death penalty. This review should include
the death penalty systems of Arizona and all states that authorize the
use of the death penalty, as well as the use of the death penalty by
our Federal Government.
An innocent man, who at one time faced certain death at the hands of
his government, today walks free. If we can call that luck, how many
others in Mr. Krone's shoes have not been and will not be so lucky?
How many innocent Americans today sit in their prison cells wrongly
accused, counting down the days until there are no more?
There have now been 100 exonerations and 766 executions since the
early 1970s. In other words, for every seven to eight death row inmates
executed by the States or Federal government, one has been found
innocent and released from death row. Now, this does not bode well for
the fairness and effectiveness of a government program.
Some have said that exonerations are proof that the system is
working. But how can they be proof that the system is working when, in
at least some cases, it is not the lawyers or judges, but newspaper
reporters and college students--people clearly outside the justice
system--who have done the work of uncovering evidence of innocence?
That is not proof the system is working. Quite the opposite. When the
justice system must rely on outside actors, it is further, disturbing
evidence that the system is broken.
I also fear that 100 exonerations is probably a conservative
estimate. How many innocent people were not freed before being
executed? How many mistakes did we miss? How many times were we too
late to correct mistakes? I don't think anyone really has an answer to
these questions. And that is precisely why we should have a pause and
review. Before sending yet another person to the execution chamber, we
should be sure that the system is fair, just and error-free.
The risk of errors is troubling to an increasing number of Americans.
From Supreme Court Justice Sandra Day O'Connor, to Republican Illinois
Governor George Ryan, to even Reverend Pat Robertson, a growing number
of Americans are expressing grave concerns about the fairness of the
administration of the death penalty.
And it is not just a question of access to modern DNA testing. A
number of factors have resulted in unfair or even wrongful convictions.
Incompetent counsel. Too many times, sleeping lawyers, drunk lawyers,
or lawyers who are later suspended or disbarred are the lawyers
representing people facing the death penalty. Sometimes there is
prosecutorial or police misconduct--like failing to share evidence that
might be helpful to the defendant's case or coerced confessions. These
problems also plague the administration of the death penalty. We have
also seen that testimony from jailhouse informants produce a high risk
of unreliable convictions.
Now, Governor Ryan took a very important first step in 2000 when he
had the courage to recognize these flaws, declared a moratorium on
executions, and created a blue ribbon panel to review the fairness of
the Illinois death penalty system. The results of the Illinois
commission are set for release any day now.
If we are prepared to admit, as Illinois has, that there may be flaws
with the death penalty system, it is then really unconscionable that we
should continue with executions without a thorough, nationwide review.
Ray Krone's exoneration provides us all with another opportunity to
take a moment and ask ourselves ``what if?'' What if we hadn't caught
this mistake? What if an innocent man ate his final meal, took his last
breath, said goodbye to his family and was put to death, alone,
silenced by a failing system? The most important of these ``what ifs,''
however, is this: What if we don't ask ourselves these questions? What
if we could have saved a life and we didn't? What if we acknowledged
that the system is unfair, and yet we didn't do anything about it at
all?
[[Page S2479]]
One risk, one error, one mistake, is one too many. But 100 mistakes,
proven mistakes, qualifies as a crisis. And a crisis calls for action.
My distinguished colleague and chairman of the Judiciary Committee,
Senator Leahy, has introduced the Innocence Protection Act. This bill
would reduce the risk of executing the innocent by allowing for post-
conviction DNA testing and establishing certain minimum competency
standards for defense counsel. And I support this bill and hope the
Senate acts on it without delay.
But I submit that Congress can and must do more. For, if we recognize
that the system is broken, that innocent people have been freed based
on DNA testing, then it is only logical and right that we suspend
executions while these reforms can be implemented and while all steps
are taken to conduct a top-to-bottom review of the death penalty
system.
My bill would do just that. The National Death Penalty Moratorium Act
would create a National Commission on the Death Penalty to review the
fairness of the administration of the death penalty at the State and
Federal levels. The bill would also suspend executions of Federal
inmates and urges the States to do the same, while the commission does
its work.
I am pleased that Senators Levin, Wellstone, Corzine and Durbin have
joined me as cosponsors of this important legislation.
The expansion of the death penalty and increase in death penalty
prosecutions during the last two decades have had literally life-or-
death consequences. The people of Illinois have learned a serious
lesson that the administration of the death penalty is plagued with
errors. And as the events in Arizona just showed us, the people of
Illinois are certainly not alone. But Illinois and Arizona account for
only 19 of the 100 exonerations nationwide. The remaining 81 mistakes
have occurred in other death penalty States. These 100 mistakes tell
us, loudly and clearly, that it is past time for our Nation to have a
thoughtful debate on capital punishment.
A commission, and pause in executions while the Commission does its
work, is the only right and just response.
And, so, I urge my colleagues to join me in supporting the National
Death Penalty Moratorium Act.
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