[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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