Bill would make death sentences easier
Proposal would drop unanimity requirement
By Greg Bluestein
ASSOCIATED PRESS
ATLANTA - Two juries decided that William Kenny Stephens was guilty of murdering a Richmond County investigator and both unanimously decided he should get the death penalty.
But after legal miscues prompted a third trial, a sole juror voted against capital punishment and Stephens was sentenced instead to life without parole.
House Majority Whip Barry Fleming, R-Harlem, said he's determined to make sure a similar situation is never repeated.
He and other legislative leaders introduced a measure Monday designed to stop death penalty opponents from "sabotaging" capital punishment cases. It would rewrite Georgia law to allow up to three jurors to vote against the death penalty, instead of the unanimous vote that's now required.
"This will keep a handful of jurors who don't tell the truth from sabotaging the death penalty," said Fleming, a lawyer who works for an Augusta firm specializing in business defense.
Defense attorneys and constitutional law experts are loudly warning that the measure would almost certainly lead to a legal challenge.
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