Death Penalty, Appeals Process and Child Autopsies

Three bills introduced by state Sen. Ed Meyer, who represents Durham and Killingworth, to shorten the habeas corpus appeals process, allow families to testify in the sentencing phase of a death penalty and to prevent the public release of child autopsy results in homicide cases were approved Friday, April 15 by the Judiciary Committee on its final day for action.

The bills – Senate Bills 1029 and 1054 and House Bill 6439 – were introduced by Sen. Meyer after he personally met with Dr. William Petit, the surviving victim of the Cheshire home invasion murders. The bills were introduced at Dr. Petit’s request. If approved by the legislature and signed into law by Gov. Dannel P. Malloy, each would take effect on October 1.

“It is an absolute inequity in our judicial system that victims and their families are allowed to offer personal testimony during the sentencing phase of a criminal trial, but they are prohibited from doing so in a death penalty case. We’re seeking to end that inequity today with this bill,” Meyer said. “I think this has been especially unfair to Dr. Petit, who was both a victim himself and of course a member of the victim’s family. His personal testimony in the sentencing phase of Steven Hayes should have been allowed.” 

Under current state law, victims and family members are allowed to offer testimony in a death penalty trial to determine guilt or innocence, but they are prohibited from offering testimony in the penalty phase, where a judge or panel of judges makes a decision based on a strict series of facts and circumstances as to whether the convicted person will be put to death or face life in prison instead.

The autopsy exclusion rule would allow that, upon the request of a parent or guardian of a child whose death was caused by an apparent homicide, the Office of the Chief Medical Examiner cannot make the records of its investigation and examination of such death –including the autopsy report and other scientific findings – available to the public.

Regarding habeas corpus, Sen. Meyer said in Connecticut’s death row cases, a prisoner’s habeas corpus appeals go on for 20 years or more, often with repetitive and frivolous claims. “With certain protections in mind, we need to expedite that process. It’s broken and it needs to be repaired,” he said.

Exclusions to any time limit include:

• The applicant establishes that a physical disability or mental disease prevented an appeal;
• The applicant alleges the existence of newly discovered evidence that could not have been reasonably discovered; 
• The applicant’s claim for relief is based upon a new interpretation of federal or state constitutional law by either the Supreme Court of the United States or Connecticut;
• The applicant establishes that the evidence on which the claim is based was in the exclusive possession of the state and not made available to him.

The bills now head to the floor of the House and Senate for deliberation and votes.