[Congressional Record Volume 148, Number 40 (Friday, April 12, 2002)]
[Senate]
[Page S2630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE DEATH PENALTY AND THE INNOCENT

 Mr. CORZINE. Mr. President, Monday, a man named Ray Krone was 
released from prison. Ray Krone had been convicted of murder. He had 
already served 10 years behind bars. And he had been sentenced to die.
  But Ray Krone is and always has been an innocent man. New DNA 
evidence proved that conclusively. He was convicted for a crime he did 
not commit. And prosecutors now acknowledge that. As the local county 
attorney put it, ``He deserves an apology from us, that's for sure.''
  To put it mildly, that is an understatement.
  How would any of us feel if we were charged, tried and convicted by a 
jury of our peers for a crime we did not commit? And then, to top it 
off, sentenced to die?
  Ray Krone knows what that feels like. And, unfortunately, he is not 
alone. In fact, he was the 100th person to be released from death row 
with proof of his innocence.
  These 100 innocent people have experienced nothing short of a living 
hell. And the outrageous injustice of their convictions and their 
sentences should be a wake up call for all of us.
  I take second place to nobody in my determination to fight the 
scourge of crime. As part of that effort, I believe we need to be very 
tough on violent criminals, including imposing long sentences with 
little or no opportunity for parole.
  But while we get tough on crime, we also need to recognize that our 
criminal justice system makes mistakes. Sometimes very serious 
mistakes.
  Until recently, it was virtually impossible to know when innocent 
people were wrongfully convicted. But with the advent of DNA 
technology, at least some of these cases finally are coming to light.
  Why are innocent people convicted and sentenced to death? To a large 
extent, it is because our criminal justice system has serious systemic 
flaws.
  Capital defendants often have lawyers who do a terrible job. 
Sometimes, their failure is simply a result of carelessness and lack of 
preparation. They fail to find or interview key witnesses. They fail to 
thoroughly read the case law. They fail to object to unreliable 
evidence. They make a variety of mistakes.
  I don't say this to criticize all defense attorneys. Most try to do a 
good job. But too many are inexperienced, overworked and underpaid. 
Even if they worked 24 hours a day, 7 days a week, they're just too 
overwhelmed to provide effective representation.
  But ineffective assistance of counsel is just one reason why innocent 
people find themselves on death row. Sometimes eyewitnesses make honest 
mistakes. Sometimes, witnesses give false testimony, such as jailhouse 
informants seeking reduced sentences. Sometimes, prosecutors engage in 
misconduct by, for example, withholding evidence that could help a 
defendant's case.
  Any of these factors can lead to a wrongful conviction. And we now 
have 100 examples to prove it.
  A system that sends 100 innocent people to death row can be called a 
lot of things. But fair, equitable and just are not among them.
  In fact, our criminal justice system is badly broken. And before we 
send any more innocent people to death row, we need to fix it.
  That is why I am joining with Senator Feingold in cosponsoring 
legislation to establish a moratorium on all Federal executions until a 
commission can be established to review the death penalty system and 
propose meaningful reforms.
  This wouldn't lead to the release of any convicted criminals, or 
threaten public safety in any way. It would simply help ensure that 
innocent people are not put to death.
  I urge my colleagues to support this legislation. And I want to 
express my sincere appreciation to Senator Feingold for his leadership 
on this critically important matter.

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