There are more issues surrounding Connecticut's existing death sentences. In April, the state abolished the death penalty for future cases. Another challenge to the existing death sentences has been lodged following passage of the repeal legislation.
"Trial set for challenge to Conn. death penalty," is the AP report via the CT Post.
After seven years of legal wrangling, a trial date has been set for an appeal by death row inmates alleging racial and geographic biases in how state prosecutors seek the death penalty.
A trial before Rockville Superior Court Judge Samuel Sferrazza is scheduled to begin Sept. 5, a date set by another judge Friday. But lawyers in the case say there could be more delays because Gov. Dannel P. Malloy and state lawmakers repealed the state's death penalty for future capital crimes this year. The inmates' attorneys say they're still deciding whether to raise the repeal issue in the bias case.
Some say racial bias case make sense
Prosecutors and defense lawyers in the state expect the constitutionality of the repeal for future crimes only to be decided at a later date by the state Supreme Court. Some attorneys in the bias case say it makes sense to put their trial on hold until after the high court decides the issue.
"Why would you continue this huge piece of litigation ... if the repeal is not valid prospectively?" asked public defender Michael Courtney, who is representing home invasion triple killer Steven Hayes.
State prosecutors say they would oppose any effort in the bias case to raise the repeal issue.
"Our position is that the racial disparity litigation should go forward as soon as possible," said Mark Dupuis, a spokesman for the chief state's attorney's office.
The Hartford Courant reports, "Legal Question: Should Death Row Inmates Be Allowed In Court Together?." It's written by David Owens.
Lawyers representing 10 of the state's 11 death row inmates in a challenge the fairness of the way the death penalty is administered in Connecticut will be ready to proceed with the trial Sept. 5, the lawyers told a Superior Court judge Friday. First, however, a key logistical issue will have to be addressed — whether the 10 condemned men will be allowed in a courtroom at the same time.
Attorneys representing 10 of the state's 11 death row inmates in a challenge to the fairness of the way the death penalty is administered in Connecticut told a judge Friday they will be ready to proceed with the trial on Sept. 5.
First, however, a key logistical issue will have to be addressed — whether the 10 condemned men will be allowed in a courtroom at the same time.
The habeas corpus trial was to have started Tuesday, but was delayed after one of the lawyers had a medical issue. The inmates are claiming that there is racial, ethnic and geographic disparity in the way the death penalty is applied. The recent repeal of the death penalty in Connecticut for future crimes is also expected to be raised in the trial.
The trial is scheduled to take place in Superior Court in Rockville. The lawyers were supposed to be in a courtroom and the death row inmates were supposed to be at Northern Correctional Institution in Somers, where they would monitor the trial using a video link.
Judge Elliot N. Solomon, the attorneys representing the state and the state Department of Correction thought the issue was settled.
But J. Patten Brown III, the attorney representing death row inmate Todd Rizzo, said Friday he never agreed to such an arrangement. He said his client's right to be present at the trial is guaranteed by state law, the state constitution and the U.S. Constitution. Several of the other attorneys agreed.
Earlier coverage from Connecticut begins at the link.
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