Court Declines to Rule on Constitutionality of Kansas Death Penalty and Death Qualification
Both individuals who brought the challenge no longer face a death sentence
KANSAS CITY, Kan. 鈥 After hearing a historic challenge to the constitutionality of the death penalty and the practice of death qualification, a Kansas trial court has issued a written order finding extensive and irredeemable defects in the application of the death penalty over the last 30 years. The court declined to rule on the ultimate questions regarding the constitutionality of the state鈥檚 death penalty and the practice of death qualification because the individuals who brought the challenge no longer faced the death penalty.
In its opinion the court highlighted that:
- The death penalty is not a deterrent. 鈥淭he scientific community has found no reliable evidence of the death penalty being a deterrent to homicides.鈥
- The death penalty is costly. 鈥More than $4 million has been spent with the results being no death penalty sentences and zero executions.鈥
- Racial bias infects capital prosecutions. 鈥The factors which distinguish death sentence cases from non-death sentence cases are the race and gender of the victim, and the race and gender of the defendant.鈥
- Courts have been unable to ensure capital juries are free of racial bias. 鈥淸The legal framework for limiting discrimination in jury selection] is so flawed that it does not protect racial biases in jury selection and must be reformed, a fact known to Kansans for years.鈥
鈥淚n each of the four cases where we raised this challenge in Kansas, none of our clients ultimately faced capital trials where the death penalty remained on the table,鈥 said Cassandra Stubbs, director of the 红杏视频鈥檚 Capital Punishment Project. 鈥淭hat is no coincidence. The evidentiary hearings have consistently exposed uncomfortable truths to state prosecutors, the courts, and the public about the deep flaws and injustices embedded in the death penalty system. While we are relieved that none of our clients have received death sentences, the systemic issues that these cases have brought to light persist. We remain committed to challenging the death penalty on behalf of people facing capital charges in Kansas, with the hope that state legislators will end the death penalty and make future legal challenges unnecessary.鈥
The 红杏视频, the 红杏视频 of Kansas, Democracy Forward, the Kansas Death Penalty Defense Unit, Hogan Lovells, and Ali & Lockwood represented two individuals, Hugo Villaneuva-Morales and Antoine Fielder, in their constitutional pre-trial challenges to the death penalty in Wyandotte County. Following extensive pre-trial litigation, including the weeklong evidentiary hearing challenging the death penalty, the cases were resolved without the death penalty. The state and Mr. Fielder entered into a plea agreement and Mr. Fielder was sentenced to life without parole. The prosecution tried Mr. Villanueva-Morales for capital murder but ultimately withdrew its request for the death penalty. Because the two men no longer faced the prospect of a capital sentence, the court declined to address the broader constitutional claims.