Will Kansas retain the Death Penalty?

U.S. Supreme Court to hear Kansas death penalty case

by Dana Hertneky
KSN News

WICHITA, Kansas, 200561 -- The United States Supreme Court announced Tuesday it will decide if the Kansas death penalty law is constitutional.

The high court will decide if the seven men on Kansas death row will stay there. The decision will also impact any capital case currently in the courts.

Sedgwick County convicted murderer Michael Marsh’s sentence is now a Supreme Court case. At issue is how juries weigh the pro’s and con’s of a death sentence.

The Kansas Supreme Court ruled last December that the state’s death penalty is unconstitutional. News that the Supreme Court will take the case gives prosecutors hope it will overturn that decision.

"We’re very pleased with the decision," said Kevin O’Connor, Sedgwick County Deputy District Attorney.

But not everyone touched by a capital crime feels that way. Ann Walenta died at the hands of the Carr brothers. Ann’s husband says he hopes the Supreme Court rules against the death penalty. He says the solution is in changing society.

Defense attorney Dan Monatt also points out the mounting costs of executing a person in Kansas.

"Since marsh will have a public defender, Kansas taxpayers will be paying for both sides to be litigated -- state prosecutors, state public defenders -- at a time when we can’t even fund our schools," said Monnat.

Continued - http://www.ksn.com/news/stories/8058827.html