HARTFORD, Conn. (AP) — Connecticut’s highest court has struck down the state’s death penalty, sparing the lives of 11 killers on death row in a ruling that adds momentum to a nationwide movement to abolish executions.
A 2012 state law repealed the death penalty for future crimes while preserving it for those already condemned to die, but the court ruled Thursday that the punishment “no longer comports with contemporary standards of decency” and violates the state’s constitution.
The divided, 4-3 ruling cited factors that have come up in other states to abolish the death penalty including racial and economic disparities in its use, the costs involved with appeals, the cruelty of the wait for execution and the risk of executing innocent people.
“They went at this from multiple angles in a way that is going to provide ammunition for abolitionists across the country,” said David McGuire, an attorney with the American Civil Liberties Union of Connecticut.
Opposition to the death penalty has been growing in the United States. Thirty-one states still have capital punishment, but several others have turned against it in recent years, including Nebraska, which voted for abolition in May, and Maryland, which abolished it in 2013. Robert Dunham, executive director of the nonprofit Death PenaltyInformation Center, noted that the number of death sentences imposed last year marked a 40-year low in the country.
The ruling comes in an appeal from Eduardo Santiago, whose attorneys successfully argued that any execution carried out after the 2012 repeal would constitute cruel and unusual punishment. Santiago, whose first deathsentence was overturned, faced a second penalty hearing and the possibility of lethal injection for a 2000 murder-for-hire killing in West Hartford.
But the Connecticut ban had been passed prospectively because many lawmakers refused to vote for a bill that would spare the death penalty for Joshua Komisarjevsky and Steven Hayes. They had been convicted of killing a mother and her two daughters in a highly publicized 2007 home invasion in Cheshire.
Jennifer Hawke-Petit was raped and strangled. Her daughters, Hayley, 17, and Michaela, 11, died of smoke inhalation after they were doused with gasoline and the house was set on fire. Michaela was sexually assaulted.
In his ruling, Palmer wrote that it would not be permissible to execute other convicts “merely to achieve the politically popular end of killing two especially notorious inmates.”
The ruling drew harsh criticism from the three dissenting justices and legislative Republicans, who accused thecourt of taking on the role of policymakers.
Santiago was sentenced to lethal injection in 2005 for the killing of 45-year-old Joseph Niwinski, who prosecutors say was shot in exchange for a pink-striped snowmobile with a broken clutch in 2000.
But the state Supreme Court overturned the death sentence and ordered a new penalty phase in 2012, saying the trial judge wrongly withheld key evidence from the jury regarding the severe abuse Santiago suffered while growing up.
Connecticut has had just one execution since 1960. Serial killer Michael Ross was put to death in 2005 after winning a legal fight to end his appeals.