Retired attorney uses "pamphlet power" to fight death penalty
Newcastle’s Paul Comiskey is hoping a small pamphlet will have a big impact on people’s views regarding the death penalty. The retired defense attorney and former Jesuit priest authored “A Taxpayers Guide to the California Death Penalty” and has co-published an initial print run of 10,000 copies. Comiskey has been handing the pamphlets out over the summer and encouraging people to read them. Sometimes, he noted, they hand them back. Comiskey is an unabashed death penalty opponent – something he says he has been since he was old enough to formulate an opinion on capital punishment. It’s expensive for taxpayers during a time when government spending is being questioned, it hurts rather than helps the families of victims and it perpetuates prejudices against blacks, he said. “It’s just a cruel hoax,” Comiskey said.” The most important thing I’m doing is showing and telling how the death penalty works in California.” The death penalty issue in California has been a hot-cold-button topic in California for decades, heating up substatntially when an execution is imminent. Comiskey said that California residents should be considering costs associated with a death penalty that doesn’t put many of those sentenced to death but ties up capital punishment cases in lengthy, costly court battles. The pamphlet’s pages outline Comiskey’s position: Since voters approved the state’s tough death-penalty proposition in 1978, there have been 45,000 homicides and 13 executions. Five of the people executed gave up their appeals and were voluntarily put to death. Forty-four death-row inmates have died of natural causes and 16 have committed suicide. Five more have died from drug overdoses or prison violence. One in five murder convictions are death penalty cases but four of every five prisoners on death row have their convictions reversed, Comiskey said. When it takes 30 years or longer to have a death penalty sentence imposed, victims’ families suffer through protracted legal battles and prisoners are often elderly and in ill health when they’re executed, if they last that long, Comiskey said. Comiskey had long been a crusader on social justice issues, said friend and Newcastle neighbor Vince Anaclerio. “He’s a very noble man and his integrity is without question,” said Anaclerio, a former Auburn Union School District superintendent. “As an informed citizenry it’s important to look at other points of view. People should look at a pamphlet that provides good information on what the death penalty does or doesn’t do.” Comiskey, who turns 70 this fall, moved to California from Texas and spent the next 30 years in the Society of Jesus as a priest and lawyer. At 52, he left the Jesuits to marry his wife, Cynthia. Comiskey subsequently became a trial lawyer and found that pamphlets similar to the one he’s now distributing with the aid of San Francisco’s Center on Juvenile and Criminal Justice helped his practice grow and thrive. The veteran defense attorney describes his initial success as “pamphlet power.” It’s something that he feels can make a difference this time around in turning the tide toward sentences of life in prison without parole rather than death.
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"When it takes 30 years or longer to have a death penalty sentence imposed, victims’ families suffer through protracted legal battles and prisoners are often elderly and in ill health when they’re executed, if they last that long, Comiskey said."
Truly a waste of taxpayer money, expedite the process, use DNA etc to eliminate any possible errors in convictions and carry out the executions as the jury and judge convicted and sentenced.
If the results of the courts action resulted in the death penalty, the costs of the defense lawyers really run up the costs.to the tax payers the longer it takes
the reason Cominsky is opposed to the death penalty, is if it is done promptly, he's out of a job.
Forensic DNA typing is used only selectively, mostly because of three factors: (1) the unavailability of DNA typing to local prosecutors, (2) the time required to perform the DNA typing, and (3) the cost of DNA testing.
In June 2009, Supreme Court Justices Roberts, Scalia, Kennedy, Thomas and Alito ruled that there is no Constitutional right to DNA testing, even if the person convicted offers to pay for it themselves. (see: No. 08-6, District Attorney’s Office for the Third Judicial District v. Osborne)
Scientists in Israel have demonstrated that it is possible to create DNA evidence. One way is by replicating DNA from someone else's hair or saliva found on a tissue, drinking cup or cigarette butt. Even blood sample DNA can be faked. (see: "DNA Evidence Can Be Fabricated, Scientists Show" NYT, 17Aug 2009)
richwise,
Criminal defense attorneys make chump change compared to most other kinds of attorneys. They are in it because of a strong commitment to individual rights, not for the money.
Patent attorneys are currently paid the most among entry level lawyers. A patent attorney can expect to earn $100,000-$150,000 his/her first year out of law school.
This guy's tie needs the death penalty.
Frankly, I think it's money well spent. Too bad it takes so long though. I was REALLY surprised to see that a defense attorney is against the death penalty!
Paul,
The waste and cost is casued by our legal system. If we had a justice system the process would be more efficient. Please advocate a justice system.
How does society expect to teach people not to kill by killing them. When the state executes a person, the people kill him because they are the state and therefore they too are killers? When ONE person is executed, we all become killers.
Expedite the system so the victims’ families won’t suffer as Cominsky says. The problem with life in prison is that these killers can and do continue to operate their murderous organizations from inside the prisons; they are murdering people on the outside. It’s funny how Fedallah refers to the State or government as providing for us when it’s a social program, but regarding the death penalty, we are the state or the government; we own it. Hmmm, we own the decision to put murderers to death, but we don’t own the money the government takes from us and gives to others. Isn’t Cominsky the guy who attempted to run for office the last time around?
Yes, California is disgustingly inefficient. Condemn those responsible and make them change.
Virginia executes in 5-7 years. 65% of those sentenced to death have been executed. Only 15% of their death penalty cases are overturned.
With the high costs of long term imprisonment, a true life sentence will be more expensive than such a death penalty protocol.
It just takes a resonsible legislature and judiciary.
If the death penalty is overturned the same defense attorneys will then be paid to reverse the life without parole statute. Comisky really needs a hair cut. Skeptic, "chump change", I'm sure that is what Tony Serra receives. Most lawyers that deal in this area don't give a hoot about guilt or innocence, it is money, nothing else.
When ONE antisocial killer is executed, we all become better off. Tell those in Oakland that kill each other that it is the state that has shown them how to kill. You might want to check the stats on homicide in that village.