Death Penalty Study Committee Issues Recommendations

Tennessee’s death penalty study committee gave its official recommendations to the state legislature today.

Two of the committee’s recommendations were unanimous, and neither is expected to cost much to enact.

The first would require the state to record anything a person says during an interrogation related to murder. Defense lawyer Skip Gant says that helps law enforcers solidify cases and potentially prevents lawsuits.

“If used effectively, it will allow a number of people who have been arrested and falsely accused to at least have some fighting chance to get justice.”

The other unanimous recommendation, called the “open file discovery act,” would ensure prosecutors provide defendants with relevant papers and statements before trial. Currently there is no statewide policy, which Gant says creates disparities between cases.

Despite misgivings from some prosecutors on the committee, the majority also voted to recommend the creation of an independent body, which would make sure capital defendants get a good lawyer. The authority would require up to $4 millionin new funds, but supporters argue it would save the state money by avoiding costly delays and appeals.

When pressed as to how likely that recommendation is to become law, one supporter said “This is not a good year.”

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The report passed the committee over dissenting votes from two prosecutors: the state’s Elizabeth Ryan, and Al Schmutzer, retired district attorney from Sevierville. Both say they intend to file minority reports.

The committee also called upon legislators or the governor to create a new committee to study mental illness in relation to the death penalty.

Link to previous story on the proposed independent authority.

Proposed bills:

SB 0260/HB0597 – Disposition of post-conviction relief petitions. Requires the administrative office of the court to propose a realistic time within which post-conviction relief petitions in capital cases are finally disposed of if it is determined the one-year statutory limit is not realistic.

SB0261/HB0596 – Recording of custodial interrogation related to homicide. Requires all statements made by a person during a custodial interrogation relating to a homicide to be electronically recorded and preserved.

SB1402/HB1456 – Tennessee Death Penalty Open File Discovery Act. Enacts the “Tennessee Death Penalty Open File Discovery Act.” Requires the district attorney general to make available to the defendant for inspection and copying all relevant documents, tangible objects and statements, together with complete files of all investigative agencies. Requires the district attorney general to give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial. Specifies that the district attorney general is not required to disclose written materials drafted by the prosecuting attorneys or their legal staff for their own use at trial.

SB1679/HB1447 – Tennessee Death Penalty Representation Services Act of 2009. State Summary: Capital Punishment – As introduced, enacts the “Tennessee Death Penalty Services Act of 2009.” – Amends TCA Title 39, Chapter 11 and Title 40, Chapter 30, Part 2.