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Capuano calls Coakley ‘out of step’ on death penalty

E-mail|Link|Comments () November 6, 2009 04:13 PM

By Matt Viser, Globe Staff

US Representative Michael Capuano today blasted Attorney General Martha Coakley's decision to get involved in an Alabama death penalty case, saying the man they are vying to succeed in the Senate, Edward M. Kennedy, "would have never supported this position."

Representative Capuano

"She is out of step with the progressive values of the Commonwealth," Capuano said in a statement.

The Globe reported today that Coakley, who says she is firmly against capital punishment, has drawn the ire of some death penalty opponents by urging the US Supreme Court, in a case involving a mentally disabled convicted murderer, to limit federal review of state court decisions. Opponents say a decision in Coakley's favor could mean the murderer is put to death and could hinder future death-row defendants' ability to challenge their sentences.

Coakley, who signed a friend-of-the-court brief in September with 18 other attorneys general, said she got involved out of concern that federal courts might win more discretion to review state cases, which she said would severely burden Massachusetts and other states. But Capuano said he did not buy that argument.

“I’ve been opposed to the death penalty since the beginning,” he said in an interview. “I don’t mind someone that supports it -- that’s someone’s position. But you’re for it or against it. Don’t hide behind legal technicalities. I’m a lawyer, too.”

He added, “If this case wins, this man will be put to death. That’s finality. And everybody I know that’s opposed to the death penalty is on the other side in this case.”

Coakley spokeswoman Alex Zaroulis said that Coakley "is firmly against the death penalty in any and all cases. That is her position and that will be her position as senator."

She also highlighted Capuano's vote in December 2001 to authorize the United States to execute terrorists who bomb public areas or government buildings.

"It’s particularly ironic to hear criticism on this issue from the only candidate in this race who has actually voted in favor of the death penalty, Mike Capuano," Zaroulis said.

Capuano has defended his vote by saying the legislation was much broader than the death penalty issue and included stronger laws in terrorism cases.

This case involves a convicted murderer from Alabama, named Holly Wood, who has appealed his case to the Supreme Court on the grounds that his state-assigned lawyer failed to introduce evidence that he is mentally retarded.

Many of the other attorneys general who signed the brief were from more conservative states in the South and Midwest. All but three states that signed it - Iowa, Massachusetts, and New Mexico - allow the death penalty.

“It would be one thing if she was standing with all the attorneys general in the country or the progressive ones in New England,” Capuano said. “She’s standing with Alabama, Texas, Georgia…I don’t get it.”

Zaroulis said, "The attorney general’s office signed on to the brief because of the far-reaching implications for Massachusetts, including the possibility that it could result in dangerous convicted criminals being released from prison."

Capuano, asked about Coakley’s assertion that she is making a narrow legal argument unrelated to the death penalty, said, “I think you’d have to tell Mr. Wood that as they were narrowly putting a needle in his arm.”

This is not the first time Coakley and Capuano have squabbled over the death penalty, which many Democratic primary voters strongly oppose.

In September, Capuano sought to highlight Coakley's evolution on the issue. Coakley previously favored the death penalty in two instances, including for those convicted of killing police officers, but about seven or eight years ago shifted her position over concerns about wrongful convictions.

The other two candidates in the Democratic race, City Year co-founder Alan Khazei and Boston Celtics co-owner Stephen G. Pagliuca, say they oppose the death penalty in all cases.