The public defenders who represented Cleveland murderer Wilford Berry want to postpone his scheduled March 3 execution. But Ohio Attorney General Betty Montgomery said the public defender is out of line since the Ohio Supreme Court, in a Dec. 3 decision, dismissed the agency from the case. The Ohio SUpreme Court recently concluded that Berry is mentally competent to waive appeals on his conviction and death sentence. The justices unanimously ruled he has the capacity to make such a choice.
Society surely does have such a stake.
No one wants to see an innocent person executed, and there are legitimate concerns over whether the death penalty is carried out without discriminating against some ehtnic and racial groups. People of good conscience disagree on capital punishment. Ohio voters have called for the appeals system to be streamlined. In November 1994, voters approved an amendment to the Ohio Constitution providing for the direct appeal of capital cases from trial court to the state Supreme Court. Nevertheless, those who oppose the death penalty will go to any length to extend appeals indefinitely.