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Eight Men Await DeathWhileOLYMHA (Ap) — There are eight men in the State' of Washington uniquely bonded to the same fate. A recent decision of the U.S. Supreme Court may help some of them avoid it.The eight are united by the words of a superior court judge, speaking in the name of the people of the State of Washington, ordering the men Id be taken to the slate penitentiary and hanged by the neck until dead.Each judge was compelled to speak the words by 12 repre-sentatives of the people of the state.Now the United . States Supreme Court finds such, a verdict is unconstitutional if any juroxs were excluded from sitting “simply because they voiced general objections to the death penalty or expressed conscientious or religious scruples against its inflictionj' In other words, if a community is made up of some persons with feel' ings against, but not philosophic-at objection to, capital punishment, then the accused is entitled to have them on the jury, just as the prosecution is entitled to have those with strong fecling-s for the death penally.The court ruled in the case of William C. Wither spoon, convicted of murder and sentenced to death in Illinois.• Lawyers disagree on what the effects of the ruling will be in Washington.The Supreme Court said the Issue is narrow. It ctae9 not involve the right of the prosecution to challenge those prospective jurors who say reservations about capital punishment would prevent'them from making an impartial decision as to the defendants’s guilt, nor docs it prevent the exclusion of those who say they could never vote to impose the dealh penally or that they would refuse even to consider its imposition in the particular case.“If the state had excluded only those prospective jurors who stated in advance of trial that they would not even consider returning a verdict of death, it would argue that the resulting jury was simply ‘neutral’ with respect to penalty. But when it swept from the jury all who expressed conscientious or religious scruples against capital punishment and all who opposed it in principle, the state crossed the line of zieutality. In its quest for a jury capable of imposing the death penalty, the state produced a jury uncommonly willing to condemn a man to die,” the high court said.Washington law states “no person whose opinions are such as to preclude him from findingany defandant guilty , of an offense punishable with death shall be compelled or allowed to serve as a juror on dm trial of any indict meal or informationfor such1 an offense.State law also provides life imprisonment as punishment for first degree murder unless the jury finds far. death.The Jaw enrols those who feel capital punishment is distasteful, but could vole for it, to be challenged for cause.What then of the fate of the eight? In only one case has an execution date been set. The other seven have their cases under appeal. Attorneys for the eight were divided when asked what the Witherspoon ease means far their clients.Jahn William Hawkins was sentenced to death for the murder of a teen-age Vancouver, Wash., girl in 1964. After appeals and several reschedules, he was to he hanged last April. Gov. Dan Evans intervened and postponed the execution until April of 29G9 lo give the courts time to rule on the several challenges to capital punishment.Hawkins’ recent appeals have been handled by the American Civil Liberties Union. ACLU staff counsel Michael Rosen paid although he does not yet have the transcript of the 'questions asked prospective jurors, II is our understanding some opposed to capital punishment were excluded.“Our • impression . is thatWither spoon controls Hawkins and legal action is- planned,” Rosen said.The other seven men are not immediately facing execution.Evans said after the-Decision Chat a study will have to be made to determine the impact on each case.“We will have to determine from court records what questions were asked and how the jurors were selected in each case, he said.Richard W, Homstad, legal advisor ta the governor, said he i.g not involved in reviewing the cases.“This is something fur the defense counsels or the trial courts. I would expect some to seek a writ of prohibition to prevent execution. This would require a hearing to review each of the examinations to see if any persons were opposed to capital punishment,” he said.I think a review in Washington would not show sufficient inquiry to establish a person’s feelings,” he said,Hemstad said since the sentence in Washington is automatic life imprisonment except when death is recommended, effects of Witherspoon “will be easiest to unravel in tins state.”Nathaniel Wheat and Arthur Aiken, airmen from Pain Field, were convicted in King County for the 1965 robbery and murder of three Seattle service station attendants. The conviction was upheld by the State Supreme Court and was appealed to the U.S. Supreme Court.Phillip Burton, Wheat’s attorney, felt the decision will affect his case.“It seems to me because of the kind of persons that were left on the jury that it will have an affect that it won't have in other cases in Washington,” he said.There were 19 persons taken off. Some of these said it would be difficult to vote for the death penally, or embarasslng,' or awkward. I understand the decision applies to Lhese persons/’ Burton said. “We brought tins up during (he trial, to the Stale Supreme Court, and the U.S. Supreme Court,” he said.An appeal of the conviction of Lcodis Smith and David Riggins,j Savage, said he felt Withcrspooi will not help Todd very much Many legal observors feel the high court has not finished deal ing with the death penalty. A: iii the caso of Smith and Rig gins, capital punishment 5s up t pealed as unconstitutional hej cause it is cruel and umisua I punishment” in violation of thi (eighth Amendment lo the Con • stitntton.HOIconvicted two years ago In King County for the stangling death of an elderly woman, will ■ be heard later this month by the State Supreme Court.Riggins' attorney, Donald Horowitz, said he has not determined the full impact.“I feel it is helpful, but maybe not entirely applicable to this case,” he said.Two other attorneys were confident of the benefit to I heir clients.“This gives me a too! to work with,” _ said James Allien, attorney for James E. Tyler.Tyler, the last person to be sentenced to death, was convicted in May for the death of a Seattle woman.“Pm preparing a motion in connection with this, but can't tell what the judge will do ” Alfieri said.J. Loel Simmons, attorney far Jerry Ralph Adams, said Witherspoon will be held in reserve in his fight for his client’s life.Adams was convicted in Snohomish County for the death of a Mounfclake ‘ Terrace woman in June of 1906.*T think Witherspoon appliedto Adams would result in n reversal. Tin.* record shows inquiries made as to the juror's feelings and sonic were excused for this feeling or scruple,” he said.Simmons said Snohomish County Pros. Robert Schihherg recently asked him lo join in a motion lo the Stale Supreme Court to consider the effect cd th Witherspoon decision.“I will not join in this motion because if it should not result in a reversal, I would not be able to use it Tor an im'v-1 federal courts.“If he files the motion on his own I will resist it. I think we have the case won on cr,w points.“When the life of a yourr; mv.n rests on your action, you play for the best break for Wm.” Simmons said,Eddie Wayne Todd was convicted of slaying a Seattle bus driver during a robbery last summer. His attorney, anthony
Newspaper Details
Centralia Daily Chronicle
Centralia, Washington, US
Mon, Jun 17, 1968
Page 9
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WA, USA 05 Dec 2019
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