Latest news with #BillWerkheiser
Yahoo
01-04-2025
- Politics
- Yahoo
Intellectually disabled could be shielded from Georgia's death penalty, pending governor's signature
This undated photo shows the death chamber at the Georgia Diagnostic Prison in Jackson, Ga. Photo by Georgia DepartmentGeorgia is the only state with the death penalty that requires defendants to prove beyond a reasonable doubt that they are intellectually disabled to be spared execution – a high legal standard that no one charged with intentional murder has cleared. But that would change under a bill that is now sitting on Gov. Brian Kemp's desk that would lower the standard of proof. Advocates have pushed for the change for two decades, but a south Georgia lawmaker, Glennville Republican state Rep. Bill Werkheiser, was able to convince his colleagues that the state's law was incompatible with the constitution's prohibition against executing people who are intellectually disabled. Werkheiser often pointed to a 2021 Georgia Supreme Court case where a judge wrote in a dissenting opinion that using the highest possible burden of proof increases the risk that someone with an intellectual disability is executed. House Bill 123 lowers the standard of proof for proving someone has an intellectual disability to a preponderance of the evidence, ending Georgia's outlier status as the only state that requires beyond a reasonable doubt. The measure also creates a pre-trial hearing where a judge would focus only on the question of whether the defendant is intellectually disabled. Today, a jury is determining whether a defendant is intellectually disabled at the same time they are hearing grisly details about the alleged crime and deciding the person's guilt or innocence. The bill was changed in the Senate to require 60 days of information sharing between the prosecution and defense before the newly created pretrial hearing. Prosecutors had fought the pretrial hearing, arguing it was adding another step in an already lengthy legal process. And it also now requires defendants who prove they are intellectually disabled but are found guilty will be sentenced to life in prison or life without the possibility of parole. Defense attorneys and others opposed adding life without the possibility of parole as an option. 'A life sentence in Georgia must be served for a minimum 30 years before a person can even be considered for parole, and that's considered, not necessarily released,' Mazie Lynn Guertin, executive director and policy advocate with the Georgia Association of Criminal Defense Lawyers, said to lawmakers last month. The bill sailed through the Senate Monday and was finalized by the end of the day in the House. The proposal also drew support from Catholic groups and a tag-team advocacy effort from the Georgia Council on Developmental Disabilities and Georgians for Alternatives to the Death Penalty. The Southern Center for Human Rights, which has long advocated for changes to Georgia's law, celebrated the bill's passage Monday and is already planning the party. 'This change will put Georgia in line with twenty-six other states that have protections for people with intellectual disability,' said Terrica Redfield Ganzy, the center's executive director. 'We are deeply grateful to Chairman Werkheiser for his compassion and leadership on this issue. It is our honor to partner with him on this effort.' Werkheiser, who chairs the House Industry and Labor Committee, has developed a special interest in the state's prison system and the people involved in it, recently visiting all the state's prisons. He sponsored a version of the bill last year that went nowhere and spent the last year working to work through reservations about the changes. He thanked House leadership and the lawmakers in the committees who spent time this session getting the bill done. 'There were so many advocacy groups that joined along the way that were not only encouraging, but provided assistance in so many ways. It was a team effort from so many,' Werkheiser said Monday. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
31-03-2025
- Politics
- Yahoo
Georgia set to ease strict rules for proving intellectual disability in death penalty cases
ATLANTA (AP) — Georgia makes it harder than any other state for an individual to prove they are legally exempt from the death penalty because of an intellectual disability. A bill that would change that is on track to become law after a yearslong push. The Senate approved the measure 53-1 Monday, after receiving overwhelming support from both parties in the House earlier this month. Once the House OKs final changes, it will go to Republican Gov. Brian Kemp's desk. In 1988, Georgia became the first state to outlaw the death penalty for intellectually disabled people. The U.S. Supreme Court followed in 2002, ruling that executing intellectually disabled people violates constitutional protections against cruel and unusual punishment. But Georgia is the only state that requires individuals to prove beyond a reasonable doubt that they have an intellectual disability. Sponsored by Glennville Republican state Rep. Bill Werkheiser, House Bill 123 would lower that standard to a preponderance of evidence and alter trial procedures to ensure people get a fair chance to convince judges and jurors alike of their disability. In multiple Georgia cases, lawyers have argued without success that their clients had intellectual disabilities. In some of them, judges said they may have succeeded if Georgia changed its strict rules. One wrote that he would 'embrace' efforts by lawmakers to do so. In the House, Sandy Springs Democratic Rep. Esther Panitch called executing people with intellectual disabilities a 'moral failure.' 'How we protect the most vulnerable and intellectually disabled individuals facing the death penalty is the ultimate test of our collective moral character, and I submit that we must choose compassion over retribution and understanding over punishment,' Panitch said. An attempt to change the law last year failed. Soon afterward, the state executed Willie James Pye, whose IQ was low enough to indicate that he was intellectually disabled, according to his lawyers. While opposing it in the past, district attorneys have said more recently that they are OK with changing the reasonable doubt standard. But some have balked at a couple of procedural changes included in the bill: one that adds a pretrial hearing to determine whether someone has an intellectual disability, which is mandatory if prosecutors agree to it; and another that establishes a separate process in a trial for determining whether someone is guilty and has an intellectual disability. Most states have these options. Lawyers say changing the reasonable doubt standard won't stop intellectually disabled people from getting the death penalty unless it is paired with procedural changes. Separate processes would ensure jurors can evaluate whether someone is intellectually disabled objectively, without being influenced by the evidence of the crime the person committed, the lawyers say. Prosecutors say the bill would make it too difficult to pursue the death penalty and stop the practice altogether. They said lawmakers should just ban the death penalty if that is their ultimate aim. But at a recent Senate Judiciary committee meeting, T. Wright Barksdale III, district attorney for the Ocmulgee Judicial Circuit in central Georgia, acknowledged the bill was likely going to pass regardless of whether he liked it so he asked for changes instead. The final bill, which Werkheiser said will likely get House approval, requires the defense to provide prosecutors with their evidence of intellectual disability no later than 60 days ahead of the pretrial hearing. Within 30 days of receiving that, prosecutors have to provide the defense with discovery for that hearing. It also adds the option for people to receive sentences of life without parole instead of the death penalty, instead of just a life sentence. Meanwhile, lawmakers on both sides remained enthusiastic about the bill, with a Senate committee tweaking it so it would go into effect immediately and apply to all pending cases. 'It's been a three-year process, but I feel like it sends a huge message and balances moderation with justice and wisdom,' Werkheiser said after the vote. ___ Kramon is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Kramon on X: @charlottekramon.
The Independent
31-03-2025
- Politics
- The Independent
Georgia set to ease strict rules for proving intellectual disability in death penalty cases
Georgia makes it harder than any other state for an individual to prove they are legally exempt from the death penalty because of an intellectual disability. A bill that would change that is on track to become law after a yearslong push. The Senate approved the measure 53-1 Monday, after receiving overwhelming support from both parties in the House earlier this month. Once the House OKs final changes, it will go to Republican Gov. Brian Kemp 's desk. In 1988, Georgia became the first state to outlaw the death penalty for intellectually disabled people. The U.S. Supreme Court followed in 2002, ruling that executing intellectually disabled people violates constitutional protections against cruel and unusual punishment. But Georgia is the only state that requires individuals to prove beyond a reasonable doubt that they have an intellectual disability. Sponsored by Glennville Republican state Rep. Bill Werkheiser, House Bill 123 would lower that standard to a preponderance of evidence and alter trial procedures to ensure people get a fair chance to convince judges and jurors alike of their disability. In multiple Georgia cases, lawyers have argued without success that their clients had intellectual disabilities. In some of them, judges said they may have succeeded if Georgia changed its strict rules. One wrote that he would 'embrace' efforts by lawmakers to do so. In the House, Sandy Springs Democratic Rep. Esther Panitch called executing people with intellectual disabilities a 'moral failure.' 'How we protect the most vulnerable and intellectually disabled individuals facing the death penalty is the ultimate test of our collective moral character, and I submit that we must choose compassion over retribution and understanding over punishment,' Panitch said. An attempt to change the law last year failed. Soon afterward, the state executed Willie James Pye, whose IQ was low enough to indicate that he was intellectually disabled, according to his lawyers. While opposing it in the past, district attorneys have said more recently that they are OK with changing the reasonable doubt standard. But some have balked at a couple of procedural changes included in the bill: one that adds a pretrial hearing to determine whether someone has an intellectual disability, which is mandatory if prosecutors agree to it; and another that establishes a separate process in a trial for determining whether someone is guilty and has an intellectual disability. Most states have these options. Lawyers say changing the reasonable doubt standard won't stop intellectually disabled people from getting the death penalty unless it is paired with procedural changes. Separate processes would ensure jurors can evaluate whether someone is intellectually disabled objectively, without being influenced by the evidence of the crime the person committed, the lawyers say. Prosecutors say the bill would make it too difficult to pursue the death penalty and stop the practice altogether. They said lawmakers should just ban the death penalty if that is their ultimate aim. But at a recent Senate Judiciary committee meeting, T. Wright Barksdale III, district attorney for the Ocmulgee Judicial Circuit in central Georgia, acknowledged the bill was likely going to pass regardless of whether he liked it so he asked for changes instead. The final bill, which Werkheiser said will likely get House approval, requires the defense to provide prosecutors with their evidence of intellectual disability no later than 60 days ahead of the pretrial hearing. Within 30 days of receiving that, prosecutors have to provide the defense with discovery for that hearing. It also adds the option for people to receive sentences of life without parole instead of the death penalty, instead of just a life sentence. Meanwhile, lawmakers on both sides remained enthusiastic about the bill, with a Senate committee tweaking it so it would go into effect immediately and apply to all pending cases. 'It's been a three-year process, but I feel like it sends a huge message and balances moderation with justice and wisdom,' Werkheiser said after the vote. ___ Kramon is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Kramon on X: @charlottekramon.
Associated Press
31-03-2025
- Politics
- Associated Press
Georgia set to ease strict rules for proving intellectual disability in death penalty cases
ATLANTA (AP) — Georgia makes it harder than any other state for an individual to prove they are legally exempt from the death penalty because of an intellectual disability. A bill that would change that is on track to become law after a yearslong push. The Senate approved the measure 53-1 Monday, after receiving overwhelming support from both parties in the House earlier this month. Once the House OKs final changes, it will go to Republican Gov. Brian Kemp's desk. In 1988, Georgia became the first state to outlaw the death penalty for intellectually disabled people. The U.S. Supreme Court followed in 2002, ruling that executing intellectually disabled people violates constitutional protections against cruel and unusual punishment. But Georgia is the only state that requires individuals to prove beyond a reasonable doubt that they have an intellectual disability. Sponsored by Glennville Republican state Rep. Bill Werkheiser, House Bill 123 would lower that standard to a preponderance of evidence and alter trial procedures to ensure people get a fair chance to convince judges and jurors alike of their disability. In multiple Georgia cases, lawyers have argued without success that their clients had intellectual disabilities. In some of them, judges said they may have succeeded if Georgia changed its strict rules. One wrote that he would 'embrace' efforts by lawmakers to do so. In the House, Sandy Springs Democratic Rep. Esther Panitch called executing people with intellectual disabilities a 'moral failure.' 'How we protect the most vulnerable and intellectually disabled individuals facing the death penalty is the ultimate test of our collective moral character, and I submit that we must choose compassion over retribution and understanding over punishment,' Panitch said. An attempt to change the law last year failed. Soon afterward, the state executed Willie James Pye, whose IQ was low enough to indicate that he was intellectually disabled, according to his lawyers. While opposing it in the past, district attorneys have said more recently that they are OK with changing the reasonable doubt standard. But some have balked at a couple of procedural changes included in the bill: one that adds a pretrial hearing to determine whether someone has an intellectual disability, which is mandatory if prosecutors agree to it; and another that establishes a separate process in a trial for determining whether someone is guilty and has an intellectual disability. Most states have these options. Lawyers say changing the reasonable doubt standard won't stop intellectually disabled people from getting the death penalty unless it is paired with procedural changes. Separate processes would ensure jurors can evaluate whether someone is intellectually disabled objectively, without being influenced by the evidence of the crime the person committed, the lawyers say. Prosecutors say the bill would make it too difficult to pursue the death penalty and stop the practice altogether. They said lawmakers should just ban the death penalty if that is their ultimate aim. But at a recent Senate Judiciary committee meeting, T. Wright Barksdale III, district attorney for the Ocmulgee Judicial Circuit in central Georgia, acknowledged the bill was likely going to pass regardless of whether he liked it so he asked for changes instead. The final bill, which Werkheiser said will likely get House approval, requires the defense to provide prosecutors with their evidence of intellectual disability no later than 60 days ahead of the pretrial hearing. Within 30 days of receiving that, prosecutors have to provide the defense with discovery for that hearing. It also adds the option for people to receive sentences of life without parole instead of the death penalty, instead of just a life sentence. Meanwhile, lawmakers on both sides remained enthusiastic about the bill, with a Senate committee tweaking it so it would go into effect immediately and apply to all pending cases. 'It's been a three-year process, but I feel like it sends a huge message and balances moderation with justice and wisdom,' Werkheiser said after the vote. ___
Yahoo
04-03-2025
- Politics
- Yahoo
Georgia lawmakers consider easing one of the nation's toughest death penalty laws
ATLANTA (AP) — Last year, Georgia executed Willie James Pye, whose IQ was low enough to indicate that he was intellectually disabled, according to his lawyers. That rattled Glennville Republican state Rep. Bill Werkheiser, who months earlier had introduced legislation to make it easier for someone facing the death penalty to prove they are intellectually disabled and thus ineligible to receive the death penalty. His bill didn't get a vote in committee, but a similar effort this year has garnered more legislative support — it passed the House unanimously Tuesday and is now pending in the Senate. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. Georgia in 1988 became the first state to outlaw the death penalty for intellectually disabled people. The U.S. Supreme Court followed in 2002, ruling that executing intellectually disabled people violates constitutional protections against cruel and unusual punishment. But the high court left it up to states to determine the threshold at which a person is considered intellectually disabled. Georgia's requirement that people prove that disability beyond a reasonable doubt makes it an outlier, the only state with such a high burden of proof. Lawmakers have previously discussed changing that threshold. This year's bill also gives defendants a chance to present evidence of intellectual disability at a pretrial hearing that would be mandatory if prosecutors agree. If found guilty at trial, defendants could then present evidence of intellectual disability in a separate process in front of the same jury. If they are found to have an intellectual disability, they would get a life sentence if convicted. 'I believe it is incumbent upon the state to protect those who cannot protect themselves,' Werkheiser said. Pye was convicted in the 1993 abduction, rape and shooting death of Alicia Lynn Yarbrough. His lawyers argued he was intellectually disabled and brain damaged. In another case that drew national attention, Warren Lee Hill was executed in Georgia in 2015 for killing a fellow detainee despite his lawyers repeatedly arguing that he had an intellectual disability. In a 2002 order, a judge said that if Georgia used a lower standard than reasonable doubt, Hill would have likely been found intellectually disabled. When the Georgia Supreme Court upheld the death penalty for Rodney Young in 2021, the justices found he had failed to prove beyond a reasonable doubt that he was intellectually disabled. But then-Presiding Justice David Nahmias wrote that he would 'embrace' efforts by lawmakers to change the standard. Prosecutors have testified in committee hearings that they're not opposed to changing the reasonable doubt standard, which some had previously lobbied against. But they oppose changes to the trial process and the addition of a pretrial hearing. 'The proposed bill cherry-picks from several different states,' T. Wright Barksdale III, district attorney for the Ocmulgee Judicial Circuit in central Georgia, said in an interview. The bill's supporters argue that if jurors have heard the details of a gruesome crime, they may then have a hard time evaluating evidence of the defendant's intellectual disability without bias. Most states give defendants the chance to prove their intellectual disability before the trial and have separate processes for determining a defendant's guilt and intellectual disability. 'Changing only the standard of proof is insufficient for ensuring that Georgia does not continue to execute people with valid claims of intellectual disability,' said Mazie Lynn Guertin, executive director of the Georgia Association of Criminal Defense Lawyers. Barksdale III denies that Georgia executes people with intellectual disabilities. He argued that the proposed law would make the process too complicated and would keep the death penalty from being imposed altogether. 'As this law is constructed, and based on my experience of trying capital cases, it would for all intents and purposes cripple us to a point that we would never have a real fair shot at ever obtaining a death penalty for anyone,' Barksdale said. If lawmakers want to do away with the death penalty, they should just do that, Barksdale said. But lawmakers have said that's not their intention. During two committee hearings on this bill, lawmakers from both parties seemed unconvinced that the procedural changes would make the process too complicated. Death penalty cases already take a long time, with many motions and hearings ahead of the trial, they pointed out. 'We have the death penalty in this state. I'm not going to debate it," Rep. Esther Panitch, a Sandy Springs Democrat and criminal defense attorney, said Tuesday. "But if we're going to mete out the ultimate punishment, it should only be for the worst of the worst, and those we have spent the time to make sure understand their culpability.' ___ Kramon is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Kramon on X: @charlottekramon.
