Commonwealth of Pennsylvania House of Representatives Judiciary Committee Hearing State Capitol Harrisburg, Pa Main Capitol Buil
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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE HEARING STATE CAPITOL HARRISBURG, PA MAIN CAPITOL BUILDING ROOM 14 0 THURSDAY, JUNE 11, 2 015 9:08 A.M. PRESENTATION ON PENNSYLVANIA'S DEATH PENALTY MORATORIUM BEFORE: HONORABLE RONALD MARSICO, MAJORITY CHAIRMAN HONORABLE RICK SACCONE HONORABLE JOE PETRARCA HONORABLE SHERYL DELOZIER HONORABLE TINA DAVIS HONORABLE MIKE REGAN HONORABLE TODD STEPHENS HONORABLE MIKE VEREB HONORABLE KATE KLUNK HONORABLE JASON DAWKINS * * * * * Pennsylvania House of Representatives Commonwealth of Pennsylvania 2 COMMITTEE STAFF PRESENT: THOMAS DYMEK, COUNSEL EXECUTIVE DIRECTOR JUDICIARY REPUBLICAN CAUCUS SARAH SPEED, COUNSEL EXECUTIVE DIRECTOR JUDICIARY DEMOCRATIC CAUCUS 3 I N D E X TESTIFIERS ~k k k NAME PAGE HON. EDWARD M. MARSICO, JR. DAUPHIN COUNTY DISTRICT ATTORNEY PENNSYLVANIA DISTRICT ATTORNEYS ASSOCIATION......... 7 Accompanied by HON. CRAIG STEDMAN LANCASTER COUNTY DISTRICT ATTORNEY'S OFFICE......... 9 And RONALD EISENBERG, DEPUTY DISTRICT ATTORNEY PHILADELPHIA DISTRICT ATTORNEY'S OFFICE............ 20 ROBERT DUNHAM EXECUTIVE DIRECTOR, DEATH PENALTY INFORMATION CENTER....................53 PAMELA GROSH DIRECTOR OF VICTIM/WITNESS SERVICES, LANCASTER COUNTY ON BEHALF OF CRIME VICTIMS ALLIANCE OF OF PENNS YLVNIA..................................... 108 And JENNIFER R. STORM VICTIM ADVOCATE PENNSYLVANIA OFFICE OF THE VICTIM ADVOCATE........ 114 MARC BOOKMAN DIRECTOR ATLANTIC CENTER FOR CAPITAL REPRESENTATION........ 127 ROBERT BLECKER PROFESSOR OF LAW NEW YORK LAW SCHOOL................................ 14 6 KATHLEEN LUCAS PENNSYLVANIA FOR ALTERNATIVES TO THE DEATH PENALTY.18 7 SUBMITTED WRITTEN TESTIMONY ~k ~k ~k (See submitted written testimony and handouts online.) 1 4 1 P R O C E E D I N G S 2 ~k ~k ~k 3 MAJORITY CHAIRMAN MARSICO: Good morning, 4 everyone. Just want to welcome everyone here today to this 5 Public Hearing of the House Judiciary Committee. We have a 6 very good turnout so far and expect other members as well 7 to be here to join us today. 8 Just a few ground rules, if you will. The 9 hearing is scheduled to go to 11:10 so we're going to try 10 to keep it to 11:10 a.m. and so I'm going to ask each - 11 I'm going to ask the Members to limit their questions to - 12 maybe to one question per Member and then, as you know, you 13 can see the -- this hearing is being recorded. I'd also 14 ask everyone to silence your cell phones. 15 I'm going to ask the Members to introduce 16 themselves. We'll start down here to my right. Rick? 17 REPRESENTATIVE SACCONE: Good morning. I'm 18 Representative Rick Saccone. I represent the southern part 19 of Allegheny County and the northern part of Washington 20 County. 21 CHAIRMAN PETRARCA: Rep. Joe Petrarca, Democratic 22 Chair of the Committee. I would like to thank everyone for 23 being here today. I think this week with Special Meetings 24 and what we did on the floor yesterday, I think we're 25 putting the cart before the horse, so to speak, on some of 5 1 this but, again, glad everyone's here today and I look 2 forward to the testimony. 3 MAJORITY CHAIRMAN MARSICO: Thanks, Chairman. 4 Sarah, introduce yourself. 5 MS. SPEED: Sarah Speed, Democratic Executive 6 Director of the Judiciary Committee. 7 MAJORITY CHAIRMAN MARSICO: Go ahead, Tom. 8 MR. DYMEK: Tom Dymek, Executive Director for the 9 Committee. 10 REPRESENTATIVE DELOZIER: Sheryl Delozier, 11 Cumberland County, 88th District. 12 REPRESENTATIVE DAVIS: Tina Davis, Bucks County. 13 REPRESENTATIVE REGAN: Mike Regan, Cumberland and 14 York County. 15 REPRESENTATIVE STEPHENS: Todd Stephens, 16 Montgomery County. 17 REPRESENTATIVE VEREB: Mike Vereb, Montgomery 18 County. 19 REPRESENTATIVE KLUNK: Kate Klunk, York County. 20 REPRESENTATIVE DAWKINS: Jason Dawkins, 21 Philadelphia County. 22 MAJORITY CHAIRMAN MARSICO: That's it. I'm Ron 23 Marsico from Dauphin County, Chair of the Committee. 24 This is the second hearings that we're having on 25 the issue of capital punishment and so in March of this 6 1 year, the Committee was down in Philadelphia to hear from 2 the families of the victims. It was -- that was hearing 3 was devoted to specifically to hearing from those families 4 of murder victims. 5 Each of the family members who testified lost a 6 loved one and the perpetrator of each crime sits on 7 Pennsylvania's death row. In fact, one family that 8 testified was the Eng family who lost Trista Eng at the age 9 of 16 at the hands of Hubert Michael whose execution would 10 have taken place last Friday except for a last minute 11 reprieve by Governor Wolf. At that hearing, Committee 12 Members received a glimpse of the effect on those victims 13 left behind, not just the Eng family but the spouses, the 14 children, and other family members of several victims. 15 We did this because I believe that the true 16 concern for the victims and their family is often lost amid 17 a discussion of capital punishment because I believe that 18 to debate the pros and the cons of the death penalty, we 19 need always to keep in mind what sort of terrifying acts 20 led to the imposition of the death penalty in the first 21 place and the lasting impact that these violent acts have 22 on the families of the victims. 23 Today, we are joined by members of different 24 experts and advocates, all of whom are very well educated 25 about the capital punishment system. Some support the 7 1 death penalty. Others oppose it. We think we have a well 2 -- we have a balanced testifiers today. Some support the 3 death penalty and other oppose it, like I said. 4 Looking forward to hearing from all of them as 5 well as they explain their positions and then we'll take 6 any questions from Committee Members. 7 With that, we're going to begin with the 8 testifiers. The first to testify are the Pennsylvania 9 District Attorney's Association, The Honorable Ed Marsico, 10 Dauphin County District Attorney, Honorable Craig Stedman, 11 Lancaster County District Attorney, and Ronald Eisenberg, 12 Deputy District Attorney from the Philadelphia District 13 Attorney's Office. Welcome, and you may proceed when 14 you're ready. Good morning. 15 MR. MARSICO: Thank you. Good morning, Mr. 16 Chair. Good morning, members of the Judiciary Committee. 17 On behalf of the Pennsylvania District Attorney's 18 Association, I'd like to thank you for the opportunity to 19 testify here this morning. As you noted, Mr. Chair, I'm 20 joined by my colleague, Craig Stedman, District Attorney of 21 Lancaster County, as well as Ron Eisenberg from the 22 Philadelphia District Attorney's Office. 23 Our purpose here today is to talk to the 24 Committee about sort of the process that prosecutors go 25 through in determining whether or not a case should be a 8 1 capital case, as well as, you know, our collective 2 experience in dealing with the death penalty. 3 I've been a prosecutor for 27 years now in the 4 District Attorney's Office in Dauphin County and in that 5 time, we've seen hundreds, literally hundreds, of murder 6 cases but only a few cases where the decision was made to 7 seek capital punishment. 8 I think what you'll find is District Attorneys 9 across the Commonwealth take these cases, as they should, 10 as seriously as we can. We go through a deliberative 11 process to determine whether or not it's a case that we 12 believe warrants capital punishment under the 13 circumstances. As the Members I'm sure are aware, capital 14 punishment is reserved only for first degree murders and 15 first degree murders are murders that involve the specific 16 intent to kill or premeditation must be proven beyond a 17 reasonable doubt in those first degree murders and not 18 every first degree murder warrants capital punishment. 19 We've had many cases over the years. I tried a case one 20 time where a murderer killed his estranged wife in front of 21 their eight-year old daughter. She was my only witness in 22 the case and I remember getting criticism from individuals 23 saying why wasn't that a death penalty case. Well, there 24 was no aggravating circumstance. So only first degree 25 murders where there's an aggravating circumstance that we 9 1 believe can be proven beyond a reasonable doubt are cases 2 where we seek the death penalty. 3 At this time, I'm going to let Craig talk a 4 little bit about that process and what prosecutors do in 5 determining whether or not to seek the death penalty. 6 MR. STEDMAN: Good morning. I think it's 7 important before you do talk about the death penalty to 8 understand the real issue here is what's required to 9 prosecute a death penalty case and to get a death sentence 10 in Pennsylvania in 2015 because that's the issue. The 11 issue is not what took place in Georgia or Alabama in 1975 12 because they are vastly different and after our testimony, 13 I think you'll have a better perspective of how difficult 14 it is, and appropriately difficult it is, to get a death 15 sentence here, the solemn decision that we go through, and 16 DA Marsico talked a little bit about the aggravating 17 circumstances and just so you know, there's limited 18 circumstances that's listed in the Legislature for us to 19 obtain a homicide.