State legislators discuss high death penalty, defense expenses

In an era of declining revenue, Indiana state legislators are discussing means to help counties pay for death penalty cases rather than abolish executions entirely.

The average cost of a death penalty trial and direct appeal is more than $450,000, according to a fiscal impact report prepared by Indiana’s Legislative Services Agency for the 2010 Indiana General Assembly.

This is more than 10 times the cost of a life without parole trial — $42,658.

A 2005 death penalty case in Warrick, Ind. racked up $558,000 in defense costs just for the trial, Indiana Attorney General spokesman Bryan Corbin said.

“Right now, the defense costs are what’s making it so expensive — defense costs for both attorneys and expert witnesses — and I think that’s the primary expense, and I personally don’t believe it’s all necessary,” Vanderburgh County Prosecutor Stan Levco said.

Levco said he recommends instilling a cap system on the defense costs.

“Right now it’s essentially a blank check, and I think what happens is the costs get run up for that reason,” Levco said.

These comments are in response to remarks made by Indiana Attorney General Greg Zoeller at a Criminal Justice Summit on Nov. 15 at the University of Notre Dame.

“Attorney General Zoeller has voiced his concern about the costs about the death penalty generally and has tried to raise this issue within the legal community,” Corbin said.

At the summit, out-of-state experts discussed the costs of the death penalty systems and the difficulties county governments and tax payers face in paying the costs, especially during a time of economic instability.

Rutgers University economics professor Anne Morrison Piehl presented a study on ways Indiana could lower costs by developing stricter limits on reimbursement for trial expenses.

State Sen. Brent Steele (R-Bedford) and the chairman of the Senate Corrections, Criminal and Civil Matters Committee said he did not favor placing a cap
on expenses.

“I think every county can afford it,” Steele said. “I know there’s a staggering cost to it, but we do it most efficiently as we can.”

Steele said he doesn’t think there are enough votes from legislators to eliminate the policy.

Twenty inmates have been executed in Indiana since the state reinstated the death penalty in 1977. Eleven other inmates are on death row and in five other cases prosecutors are seeking the death penalty.

A prosecutor in Indianapolis said he might seek the death penalty in one case that involves a 22-year-old defendant accused of smothering his ex-girlfriend, then setting their infant daughter on fire.

“Some crimes are so heinous in nature that society cries out for it,” Steele said.
Nevertheless, Levco said the death penalty costs must be decreased.

“The way the economy is combined with the expenses, it seems to be spiraling out of control,” Levco said.