[WCADP-list] State Supreme Court Upholds Cross' Death Sentence

[wcadp-list at lists.drizzle.com]

On March 30, 2006, the Washington Supreme Court, in a 5-4 sharply divided
opinion, upheld the death sentence of Dayva Cross. 

The defense team for Cross, who murdered his wife and two step-daughters
seven years ago, argued that the disproportionate use of the death penalty
in Washington State is unconstitutional.  Gary Ridgway (who killed 38 women)
and Ben Ng and Kwan Fai Mak who were responsible for 1983's Wam Mee massacre
are currently serving life without parole following plea deals sparing their
lives.  Cross' attorneys argued that the disparity between the crimes that
were committed and the punishments handed down exposes the completely random
nature of the death penalty and its application in our state.

This decision raises significant questions as to the existence of
Washington's death penalty statute. The four-justice dissent attacked not
merely the proportionality review process, but the core existence of
Washington's death penalty system. In its 25-years, the Washington's death
penalty system has never been attacked, criticized, or questioned to the
degree, and by as many justices, as this opinion. The dissent concluded that
Washington's death penalty system is flawed, arbitrary, random, and
irrational to the point of questioning its continued existence. The court
acknowledged that after two and half decades, the factors that led the
United States Supreme Court to conclude capital punishment unconstitutional
in 1972 continue to exist now; the only difference is that it now had been
factually demonstrated.  

 

Unless there are significant changes to Washington's death penalty system to
minimize its arbitrary application, presumably there will continue to be
four dissenters on future appellate review. Interestingly, one of the
majority justices has since left the bench. This decision has shaken the
foundation of Washington's death penalty statute. 

 

This from the dissenting opinion:  "The death penalty is like lightning,
randomly striking some defendants and not others. ...on what basis do we
determine on whom it is imposed? No rational explanation exists to explain
why some individuals escape the penalty of death and others do not."

 

For more information go to the Seattle P.I.
(http://seattlepi.nwsource.com/local/265043_deathpenalty31.html) or the
Seattle Times
(http://seattletimes.nwsource.com/html/localnews/2002901160_death31e.html).
A copy of the P.I. article is also available at
www.abolishdeathpenalty.org/News%20Pages/News.htm.

 

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The Washington Coalition to Abolish the Death Penalty
P. O. Box 3045
Seattle, WA 98114
(206) 622-8952
www.abolishdeathpenalty.org
 
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