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State Supreme Court to Rule on Death PenaltyI.MbTfSitIsOLYMPIA (AP)-—Armed with a recent U.S. Supreme Court decision, attorneys for two condemned Seattle men launched a broadside attack before the State Supreme Court Tuesday to have capita! puishment declared unconstitutional.The appeal was on behalf of David Washington Riggins and Leodis Smith, convicted of two murders during the course of robberies, an assault during another robbery and a fourth robbery.A King County Superior Court jury decreed in September, 1966 that Riggins and Smith must mount the gallows at the state penitentary.In the Witherspoon case earlier this month, the U.S. Supreme Court ruled the death penalty is unconstitutional if it was imposed by a jury from which persons with religious or conscientious scruples to the penalty were exculded.Joel A. C. Rindal, attorney forRiggins, said three of those challenged did not make it unmis-takeably clear that they couldn't vote for the death sentence. Asked by the court what ae-tiee Robert Kinley. Horowitz | prosecutor, told the court the agreed.Steven Moen, deputy King County prosecutor, said the exclusion of prospective jurors be-tion it could take if it found cause they acnnot exercise discretion is not forbidden by the Witherspoon ruling. He said itWitherspoon applicable, Horowitz said it could allow the con — — - — — M m w m » i jl n nvietion to stand and reverse the (does not apply to cases where death sentence or, if the prose-{challenges were made on theeution chose, remand the case j basis of a person never beingfor a new trial. ;able tc vote for the death sen-Horowitz said he would not ob-|tence under any circumstance, ject to a new trial if the jury] J°hn Aitken, another deputy were properly constituted.Attacking the death penalty as a violation of due process provisions, Horowitz said it is up to the state to demonstrate there is no way other than capital pun-, ish merit to provide benefit to so- ■ ciety. !He also attacked the sentence as cruel and unusual punishment in violatio nof the Eighth Amendment to the Constitution.“We realize this is nothing but a straight, all-out attack on capital punishment,” said Chief Jus-question of antagonistic defenses was not raised by Smith and Riggins’ attorneys when they made Uie motion for separate trials.The court will study the case and it is expected to take several months before a decision is handed down.Washington Allston, the painter, has been called the “American Titian.”
Newspaper Details
Walla Walla Union Bulletin
Walla Walla, Washington, US
Thu, Jun 27, 1968
Page 11
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