June 6, 2005: This week I received a posting from Virginia Germino that points out the basic problem confronting legislators in dealing with the death penalty – it is difficult to define, legislatively, a class of people who should or should not be eligible for the ultimate punishment. The Supreme Court has already determined that juveniles and the mentally retarded should not face the death penalty. But in other cases, legislators are forced to draw arbitrary lines while at the same time remaining conscious that some crimes are so heinous that they cry out for the most serious of society’s sanctions.

I oppose the death penalty for several reasons.

• First, my opposition is consistent with my religious, moral, and ethical beliefs. Alternatives exist, such as life in prison without parole that punish serious offenders and keep society safe.
• Second, studies show that the death penalty is not uniformly applied. In Virginia you are more likely to receive a death sentence if you live in a rural area or are poor, than if you live in an urban area or are wealthy. Justice is not served when punishment is not dispensed equally.
• Third, sometimes juries make mistakes and an innocent person is sentenced to die. In Virginia, Earl Washington came nine days from execution when serious concerns were raised about his guilt. Washington was eventually exonerated and is now a free man but there could easily have been a different, tragic result. There is no room for error when we impose the ultimate penalty.
When I was a member of the Charlottesville City Council, I voted for a resolution calling for a moratorium on the death penalty. In the House of Delegates, if I have an opportunity to vote for a moratorium or abolition bill, I will do so.

I support policies that ensure that the accused has an adequate defense, including access to good psychiatric evaluations. Virginia’s forensic lab has recently come under fire demonstrating a clear need to enhance quality control efforts. We must ensure that people are not being convicted or exonerated with tainted evidence. Both the prosecution and defense benefit from high quality forensic work.

Every year Delegates and Senators are asked to vote on these and similar issues. I will vote against the death penalty and be a strong voice for the fair administration of justice by providing both the prosecution and defense with access to evidence and tools to make the system work for everyone. -- David

David Toscano 2005, June 9, 2005

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