Posted on Fri, May. 12, 2006

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House delays sex offender bill vote

The Associated Press

Former Richland County defense lawyer David Bruck told a House panel Thursday a bill that allows prosecutors to seek the death penalty for twice-convicted child molesters is unconstitutional.

“I don’t think there’s any disagreement on the repulsiveness of the crime,” said Bruck, director of the Virginia Capital Case Clearinghouse and a professor at Washington and Lee Law School. “A lot of criminal law is passed to send a message. I understand that.”

However, he said, there’s no question the U.S. Supreme Court would rule against a case tried under the proposed law. He also thinks the law would send sex offenders the unintended message that they might as well kill their victims, since they would face the death penalty anyway.

Lexington County prosecutor Donnie Myers said the law could cause more suffering for victims, who might have to testify repeatedly through an appeals process. A prosecutor since 1976, Myers estimates trying “35 of so” death penalty cases.

“It’s hard enough getting a child to testify,” he said. He said he doesn’t want to see a child used as a “guinea pig” for the law.

The subcommittee again postponed a decision. Debate was carried over until next week’s meeting.

Attorney General Henry McMaster has told lawmakers he thinks the U.S. Supreme Court would uphold the law.