Capuano criticizes Coakley on brief

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

The Globe reported yesterday 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 the ability of death-row defendants 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, who once voted to sanction the execution of terrorists, said he did not buy that argument.

“I’ve been opposed to the death penalty since the beginning,’’ he said in an interview yesterday. “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.’’

Alex Zaroulis, a spokeswoman for Coakley, said yesterday that she “is firmly against the death penalty in any and all cases.

“That is her position, and that will be her position as senator,’’ Zaroulis said.

She also highlighted Capuano’s vote in December 2001 to authorize the United States to execute terrorists who bomb public areas or government buildings. “I’m against the death penalty, but if we’re going to have one, than there are few people more deserv ing of it than those who committed those particularly heinous crimes,’’ Capuano told the Boston Herald at the time.

“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.

The case in which Coakley joined the brief involves a convicted murderer from Alabama, 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 attorneys general who signed the brief were from more conservative states in the South and Midwest. Just three who signed it are from states that do not allow the death penalty, Iowa, Massachusetts, and New Mexico.

“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 provided an explanation, saying, “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,’’

Asked about Coakley’s assertion that she is making a narrow legal argument unrelated to the death penalty, Capuano 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 argued 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 because of concerns about wrongful convictions.

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

Matt Viser can be reached at maviser@globe.com.