irisheyes66
12-21-2003, 02:02 PM
A report shows death penalty cases cost much more than other murder cases
BY HURST LAVIANA
The Wichita Eagle
December 20, 2003
______________________
It has cost an average of $1.26 million to successfully prosecute death penalty cases in Kansas, well above the $740,000 average for cases that have resulted in Hard 40 or Hard 50 prison sentences, a legislative report released Friday concluded.
The report suggested the state could save money by establishing a sentence of life without the possibility of parole. It also suggested that the system might be improved by funneling capital murder cases through the state attorney general's office.
The report was prepared by the Kansas Legislative Division of Post Audit to let legislators know whether death penalty cases were significantly more expensive than non-death penalty cases -- and if so, by how much.
The $1.26 million estimate was for cases involving the seven inmates who have been sentenced to death and are now housed at the El Dorado Correctional Facility.
The audit compared information from those cases with seven cases in which the death penalty was sought by prosecutors but not received, and eight first-degree murder cases in which the death penalty was not sought.
Wichita lawyer Richard Ney, a member of the Kansas Coalition Against the Death Penalty, said the report's conclusions were not unexpected.
"We told the Legislature that this is going to be expensive, and their position was 'OK,"' Ney said. "These figures are not out of line with what we told them it would cost."
Ney, who had yet to read the report, said he suspects the audit's figures may be low because there are many unresolved issues involving the cases. He noted that each of the first four defendants sentenced to death will be retried because of errors in the penalty phases of their trials.
Deputy District Attorney Kim Parker also said she had yet to read the report but said she was not surprised to hear about its financial conclusion.
"It's not remarkable to suggest that death penalty cases are going to cost more than non-death penalty cases," she said. "They're much more serious cases.
"If you compare a rape case to a shoplifting case, the rape case is going to cost more."
Senate President Dave Kerr, R-Hutchinson, said he had expected the cost of prosecuting death penalty cases to be even higher.
Rep. John Edmonds, R-Great Bend, said he was not surprised at the findings.
"There's no free lunch in this, short of having the crimes not committed," he said.
The report concluded that the median trial cost of the seven death-penalty cases was $508,000 -- far more than the $32,000 trial costs in the non-death penalty cases.
Appellate costs were estimated at $401,000 for the death penalty cases, compared with $19,000 for the non-death penalty cases.
The estimated cost of carrying out a sentence was set at $350,000 for the seven death penalty defendants, compared with $659,000 for the eight defendants in the non-death penalty cases.
The report suggested several potential improvements in the system:
Establishing a life sentence without parole could prompt prosecutors to file fewer death penalty cases and prompt juries to impose fewer death sentences.
Having the attorney general's office screen cases would promote consistency while eliminating decision-making based on the amount of funds available to the prosecution.
Having state-employed specialists -- such as psychologists and forensic experts -- could eliminate the need to hire private-sector specialists.
Establishing a Wichita satellite office for the Topeka-based death penalty defense unit. The office could handle cases in which conflicts arise with the Topeka office, where lawyers cost the state about $32 an hour. The state now hires private lawyers, usually at $100 an hour, when conflicts arise.
The report said it considered everything from the cost of guarding the crime scene to the cost of perimeter security during an execution. Personnel costs were estimated by collecting information about the salaries and number of hours worked by those involved in a case.
BY HURST LAVIANA
The Wichita Eagle
December 20, 2003
______________________
It has cost an average of $1.26 million to successfully prosecute death penalty cases in Kansas, well above the $740,000 average for cases that have resulted in Hard 40 or Hard 50 prison sentences, a legislative report released Friday concluded.
The report suggested the state could save money by establishing a sentence of life without the possibility of parole. It also suggested that the system might be improved by funneling capital murder cases through the state attorney general's office.
The report was prepared by the Kansas Legislative Division of Post Audit to let legislators know whether death penalty cases were significantly more expensive than non-death penalty cases -- and if so, by how much.
The $1.26 million estimate was for cases involving the seven inmates who have been sentenced to death and are now housed at the El Dorado Correctional Facility.
The audit compared information from those cases with seven cases in which the death penalty was sought by prosecutors but not received, and eight first-degree murder cases in which the death penalty was not sought.
Wichita lawyer Richard Ney, a member of the Kansas Coalition Against the Death Penalty, said the report's conclusions were not unexpected.
"We told the Legislature that this is going to be expensive, and their position was 'OK,"' Ney said. "These figures are not out of line with what we told them it would cost."
Ney, who had yet to read the report, said he suspects the audit's figures may be low because there are many unresolved issues involving the cases. He noted that each of the first four defendants sentenced to death will be retried because of errors in the penalty phases of their trials.
Deputy District Attorney Kim Parker also said she had yet to read the report but said she was not surprised to hear about its financial conclusion.
"It's not remarkable to suggest that death penalty cases are going to cost more than non-death penalty cases," she said. "They're much more serious cases.
"If you compare a rape case to a shoplifting case, the rape case is going to cost more."
Senate President Dave Kerr, R-Hutchinson, said he had expected the cost of prosecuting death penalty cases to be even higher.
Rep. John Edmonds, R-Great Bend, said he was not surprised at the findings.
"There's no free lunch in this, short of having the crimes not committed," he said.
The report concluded that the median trial cost of the seven death-penalty cases was $508,000 -- far more than the $32,000 trial costs in the non-death penalty cases.
Appellate costs were estimated at $401,000 for the death penalty cases, compared with $19,000 for the non-death penalty cases.
The estimated cost of carrying out a sentence was set at $350,000 for the seven death penalty defendants, compared with $659,000 for the eight defendants in the non-death penalty cases.
The report suggested several potential improvements in the system:
Establishing a life sentence without parole could prompt prosecutors to file fewer death penalty cases and prompt juries to impose fewer death sentences.
Having the attorney general's office screen cases would promote consistency while eliminating decision-making based on the amount of funds available to the prosecution.
Having state-employed specialists -- such as psychologists and forensic experts -- could eliminate the need to hire private-sector specialists.
Establishing a Wichita satellite office for the Topeka-based death penalty defense unit. The office could handle cases in which conflicts arise with the Topeka office, where lawyers cost the state about $32 an hour. The state now hires private lawyers, usually at $100 an hour, when conflicts arise.
The report said it considered everything from the cost of guarding the crime scene to the cost of perimeter security during an execution. Personnel costs were estimated by collecting information about the salaries and number of hours worked by those involved in a case.