Death penalty study faces obstacle

By Jim Siegel
Enquirer Columbus Bureau

COLUMBUS - A plan to study Ohio's death penalty system isn't expected to survive the state Senate.

Last week, Rep. Tom Brinkman, R-Mount Lookout, successfully attached the study to a bill dealing with sex offender sentencing. The bill passed the House, but Senate President Doug White said Tuesday the study is bad timing and will be pulled from the bill.

White said he wants his chamber to tackle issues such as civil court reform, campaign finance reform and a construction budget in these final weeks of the session.

"It could be controversial and therefore interfere with the priorities I've set for this lame duck session," he said. "Had this come up eight, 12 months ago, fine, we absolutely would have debated it."

Under the proposal, the governor and legislature would appoint an 18-member commission to look at whether those on death row received adequate legal counsel, whether capital cases are resolved fairly, and how delays can be overcome.

Brinkman said Tuesday he doesn't want to ruin the original sex-offender sentencing bill, but he's willing to send the issue to a joint House-Senate conference committee to work it out. If that doesn't happen, he vows to try again next year.

The proposed study was borrowed from a bill introduced earlier this year by Rep. Shirley Smith, D-Cleveland. Smith was thrilled when Brinkman got the study passed last week, but on Tuesday described her feelings as surprised, angry and appalled.

"I thought (President White) was much more progressive in his thinking," she said. "We're trying to make sure innocent people are not executed. What is wrong with a study?"

Asked that question, White said studies are the beginning.

"Studies give fuel for the pen," he said, referring to the media. "If the next General Assembly chooses to do that, it's fine with me."

The state has 204 people on death row, including one woman.

E-mail jsiegel@enquirer.com