"Death penalty cases take time and scrutiny," is the title of a lengthy examination of Kansas' death penalty. As with the Walla Walla Union-Bulletin series and the Louisville Courier-Journal article, both noted earlier today, this is a lengthy examination.
Larry Williams expected to wait 10 years to see the death sentence carried out for his daughter's killer. Now, 13 years later, Williams said he may have to wait another decade before Gary Kleypas exhausts his appeals.
Lawyers understand the need for such scrutiny in death penalty cases, but others like Williams wonder whether the execution chamber in Lansing will ever be used.
"Oh, it's been frustrating for me in more ways than one, obviously losing your daughter but then the long court case," Williams said.
The length of time it takes to resolve a capital case is one reason the death penalty costs about 16 times more than life in prison, according to a 2003 Kansas study. States in which executions have been carried out estimate even higher costs for death sentences.
Kleypas, found guilty of raping and killing 20-year-old Carrie Williams in 1996, was the first person condemned to die in Kansas in more than 30 years. Since the state reinstated the death penalty in 1994, no one has been executed.
New Mexico brought back capital punishment in 1979. By the time New Mexico repealed the death penalty in March, it had carried out one execution.
"And he voluntarily gave up his appeal or he would still be on death row," said Viki Elkey, director of the New Mexico Coalition to Repeal the Death Penalty.
As Kansas' first capital punishment case since the death penalty was reinstated, Kleypas' case has taken more than a decade because of legal errors and questions about how people here should be put to death.
The state Supreme Court overturned Kleypas' sentencing because of instructions given to the jury about the death penalty. After another jury sentenced him to death last year, Kleypas' appeal process began again.
Because appeals are taken in order, the state's first death penalty case now takes its place at the end of the line behind nine others.
And:
Next year, Kansas lawmakers are set to take up a bill to abolish the death penalty because of cost. It was introduced last year by state Sen. Carolyn McGinn, R-Sedgwick.
A 2003 study showed that seeking the death penalty in Kansas cost on average $508,000 per case. A non-capital case cost $32,000.
Elkey, who led the effort to repeal the death penalty in New Mexico, said cost was considered by state lawmakers. But the decision ultimately came down to support from the state's faith community and victims' families.
"Many supported the death penalty when their loved one was murdered," Elkey said. "Then they had to go through years of trials and appeals and realized it didn't work."
One part of the push to repeal the death penalty in that state, Elkey said, was a realization that victims' families were "revictimized" every time a case came up for appeal or a new hearing was ordered.
New Mexico replaced the death penalty with life in prison without parole.
"They would rather send the murderers to jail and be done with it," Elkey said.
Elkey said the New Mexico coalition is now pushing for legislation that would take money previously spent on the death penalty and start programs to help victims' families.
And:
Those facing death sentences are kept in isolation cells with limited human contact.
Their cells measure 8 feet by 10 feet. They remain alone in the cells 23 hours of each day. Four times a week, they are allowed to go outside to an enclosed area 8 feet wide, 20 feet long and 10 feet high.
They are allowed to shower in a locked stall three times a week. They also may meet with mental health workers in enclosed areas.
Otherwise, they remain in seclusion. They may earn telephone privileges. They see visitors only on video monitors from their cell block.
"Whenever they leave their cells, they are in restraints and must be accompanied by two staff members," said Capt. Dale Call, public information coordinator for the El Dorado prison.
Unlike those sentenced to life in prison, inmates under death sentences aren't allowed to earn their way into the general prison population. This means that they remain in isolation for decades, waiting to die.
Earlier coverage from Kansas begins with this post.
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