Last week I attended a seminar on the Death Penalty. Prosecutors attended from across the state. The purpose of the seminar was to educate the prosecutors and deputies about the law when it is requested by the Prosecutor and will be considered by the jury.

The death penalty in Washington is interesting because it has an on again – off again history. The State Constitution provides for it but has been halted several times by the legislature or the courts and then reinstated by initiatives enacted by the people. We seem to have a slightly schizophrenic attitude toward it as a penalty for crime. It is there and the people seem to want it as a possibility of punishment, but it is rarely used and when it is used, the scrutiny of any case where a jury imposes it is so high that there is almost a certainty that a retrial will be necessary. The Supreme Court just recently sent a case back for a retrial after 17 years.

When it is on the table as a possibility, it is almost impossible to even get the trial started. In a current case, which is called the Carnation case and arose out of the murder of six members of a family on Christmas eve in 2007 in King County, the crime occurred nearly six years ago and the trial has not yet even started. The case has been to the Supreme Court at least two times for review of pre-trial rulings by the judge.
Recently, the lawyer for the woman involved, filed a motion with the court asking for a TV and a radio for her client. She argued that her client needed them to increase her mental stimulation so she could help her lawyer prepare for trial. It was reported in the media that the defendant did not seem to be even aware that her lawyer had asked the court for a TV and a radio. She told the Court she did not want a radio and questioned why anyone would think so. “I do not want a TV and a radio. I want court clothes. Why would you say things that I didn’t even say?” said the defendant. The judge said there was no factual basis for the argument and denied the motion. Clearly, this defendant has lost control of her own case.

Justice delayed is justice denied. I do not know who said this first, but it is true. I am not in favor of quick trials and I believe all defendants should be given due process, but six years is far too long to wait for a trial, and then if there is a conviction, 20 years to see if the trial was fair is nuts and shows that the process is basically messed up.