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Statistics
from Eight
Years of Representation
1995 - 2003
Prepared
by: The Capital Defender Office
August, 2003
Capital Defender
Office
217 Broadway
New York, NY 10007, 9th Floor
212-608-3352 ext. 215
www.nycdo.org
Introduction
The death penalty was returned to the criminal statutes of New York State by Chapter 1 of the Laws of 1995, which took effect on September 1, 1995. The new law expanded the crime of murder in the first degree and provided two penalties for persons convicted of this crime: death and life in prison without the possibility of parole (LWOP).
The new law also established an independent entity--the Capital Defender Office (CDO)-- and charged it with ensuring that persons who are accused of crimes punishable by death and who are “financially unable to obtain adequate representation or investigative, expert or other reasonably necessary services,” are adequately represented by qualified counsel and helped by experts and investigators. The CDO was also charged with establishing and maintaining a wholly new capital defense system for New York State.
Governance
The CDO is governed by a three-member board of directors who serve three-year terms. The Chief Judge of the New York State Court of Appeals, the Majority Leader and President Pro Tem of the New York State Senate and the Speaker of the New York State Assembly each appoints one director. Peter L. Zimroth, appointed by the Chief Judge of the Court of Appeals, chairs the Board of Directors. The other two members of the Board are Michael J. Hutter, appointed by the Majority Leader and President Pro Tem of the New York State Senate and Frederick J. Jacobs, appointed by the Speaker of the New York State Assembly. Past board members include the late Arthur L. Liman, the founding chairman; the Honorable John Dunne, the Honorable Richard Simons, Christopher E. Stone and the Honorable John T. Casey.
Leadership
In 1995, the Board of Directors appointed Kevin M. Doyle as the Capital Defender. Under Mr. Doyle’s direction, the CDO operates three offices across the State. The CDO’s main office is located in New York City. The downstate office handles cases in the five boroughs of New York City and four counties in the surrounding metropolitan area. The First Deputy Capital Defender in New York City, Susan H. Salomon, oversees appeals in capital cases throughout the State. The CDO operates two regional offices: Albany, which handles cases in a 29 county area in central New York and Rochester, which handles cases in a 24 county area in western New York. The First Deputy Capital Defenders in Albany and Rochester are Mark Harris and William “Bill” Easton, respectively.
Funding
The office is funded by an appropriation from the State Operations budget. In the 2003-2004 fiscal year, the Legislature appropriated $13,095,000 for all capital defense in New York State. The CDO has 75 established staff lines that includes trial staff, appellate staff and administrative staff.
Statistics
The remainder of this report offers statistics showing how the 1995 law has been implemented in New York State.(Note 1). The statistics show:
Section One: The Number of Cases and the Representation
Provided
Since September 1, 1995, District Attorneys have investigated 799 First and Second Degree Murder cases with the possibility of seeking the death penalty. Of those cases, District Attorneys sought the death penalty 50 times. Capital trials occurred in 18 cases
The number of capital cases in New York State since 1995
The number of capital trials
The status of the 50 death-noticed cases
First Degree Murder and Life Without Parole
Who Represents Defendants (Note 2)
Representation in the four pending capital cases
Representation in the 41 death-eligible cases
Representation in the six death penalty appeals
Representation in the 40 closed capital cases
Representation in the 700 death-precluded cases
SECTION TWO: GEOGRAPHIC ISSUES (data are for the period
9/1/95 - 6/30/03)
Geographical Disparities
The following chart shows the number of murder arrests, indictments for First Degree Murder and the rate of capital cases by county.
County |
Murder 1 & 2 Arrests* |
% Of Total Arrests |
Murder 1 Indictments |
Murder 1 Indictments (% of Murder 1 & 2 Arrests) |
Death Notices |
Death Notices (% Of Murder 1 Indictments) |
Death Notices (% Of Murder 1 & 2 Arrests) |
Death Sentances |
Death Sentances (% Of Murder 1 & 2 Arrests) |
Death Sentances (% Of Murder 1 Indictments) |
Death Sentances (% Of Death Notices) |
ALBANY |
118 |
2.0% |
8 |
6.8% |
2 |
25.0% |
1.7% |
0 |
0.0% |
0.0% |
0.0% |
ALLEGANY |
7 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
BRONX |
1037 |
17.8% |
80 |
7.7% |
1 |
1.3% |
0.1% |
0 |
0.0% |
0.0% |
0.0% |
BROOME |
32 |
0.6% |
8 |
25.0% |
4 |
50.0% |
12.5% |
0 |
0.0% |
0.0% |
0.0% |
CATTARAUGUS |
6 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CAYUGA |
4 |
0.1% |
2 |
50.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CHAUTAUQUA |
17 |
0.3% |
4 |
23.5% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CHEMUNG |
8 |
0.1% |
2 |
25.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CHENANGO |
8 |
0.1% |
1 |
12.5% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CLINTON |
7 |
0.1% |
2 |
28.6% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
COLUMBIA |
8 |
0.1% |
1 |
12.5% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
CORTLAND |
1 |
0.0% |
1 |
100.0% |
1 |
100.0% |
100.0% |
0 |
0.0% |
0.0% |
0.0% |
DELAWARE |
2 |
0.0% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
DUTCHESS |
38 |
0.7% |
4 |
10.5% |
2 |
50.0% |
5.3% |
0 |
0.0% |
0.0% |
0.0% |
ERIE |
204 |
3.5% |
15 |
7.4% |
2 |
13.3% |
1.0% |
0 |
0.0% |
0.0% |
0.0% |
ESSEX |
6 |
0.1% |
3 |
50.0% |
1 |
33.3% |
16.7% |
0 |
0.0% |
0.0% |
0.0% |
FRANKLIN |
10 |
0.2% |
3 |
30.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
FULTON |
6 |
0.1% |
1 |
16.7% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
GENESEE |
6 |
0.1% |
2 |
33.3% |
1 |
50.0% |
16.7% |
0 |
0.0% |
0.0% |
0.0% |
GREENE |
16 |
0.3% |
1 |
6.3% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
HERKIMER |
1 |
0.0% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
JEFFERSON |
6 |
0.1% |
1 |
16.7% |
1 |
100.0% |
16.7% |
0 |
0.0% |
0.0% |
0.0% |
KINGS |
1496 |
25.7% |
89 |
5.9% |
7 |
7.9% |
0.5% |
1 |
0.1% |
1.1% |
14.3% |
MADISON |
2 |
0.0% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
MONROE |
193 |
3.3% |
15 |
7.8% |
5 |
33.3% |
2.6% |
1 |
0.5% |
6.7% |
20.0% |
MONTGOMERY |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
NASSAU |
153 |
2.6% |
17 |
11.1% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
NEW YORK |
818 |
14.1% |
65 |
7.9% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
NIAGARA |
25 |
0.4% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ONEIDA |
49 |
0.8% |
2 |
4.1% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ONONDAGA |
106 |
1.8% |
17 |
16.0% |
2 |
11.8% |
1.9% |
1 |
0.9% |
5.9% |
50.0% |
ONTARIO |
5 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ORANGE |
53 |
0.9% |
6 |
11.3% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ORLEANS |
4 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
OSWEGO |
9 |
0.2% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
OTSEGO |
4 |
0.1% |
3 |
75.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
PUTNAM |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
QUEENS |
741 |
12.7% |
31 |
4.2% |
5 |
16.1% |
0.7% |
1 |
0.1% |
3.2% |
20.0% |
RENSSELAER |
13 |
0.2% |
5 |
38.5% |
2 |
40.0% |
15.4% |
0 |
0.0% |
0.0% |
0.0% |
RICHMOND |
110 |
1.9% |
3 |
2.7% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ROCKLAND |
27 |
0.5% |
4 |
14.8% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ST. LAWRENCE |
5 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
SARATOGA |
11 |
0.2% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
SCHENECTADY |
44 |
0.8% |
12 |
27.3% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
SCHOHARIE |
6 |
0.1% |
3 |
50.0% |
3 |
100.0% |
50.0% |
0 |
0.0% |
0.0% |
0.0% |
SCHUYLER |
2 |
0.0% |
1 |
50.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
SENECA |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
STEUBEN |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
SUFFOLK |
145 |
2.5% |
18 |
12.4% |
3 |
16.7% |
2.1% |
3 |
2.1% |
16.7% |
100.0% |
SULLIVAN |
19 |
0.3% |
5 |
26.3% |
3 |
60.0% |
15.8% |
0 |
0.0% |
0.0% |
0.0% |
TIOGA |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
TOMPKINS |
8 |
0.1% |
1 |
12.5% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
ULSTER |
22 |
0.4% |
2 |
9.1% |
1 |
50.0% |
4.5% |
0 |
0.0% |
0.0% |
0.0% |
WARREN |
7 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
WASHINGTON |
3 |
0.1% |
0 |
0.0% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
WAYNE |
12 |
0.2% |
1 |
8.3% |
0 |
0.0% |
0.0% |
0 |
0.0% |
0.0% |
0.0% |
WESTCHESTER |
148 |
2.5% |
11 |
7.4% |
1 |
9.1% |
0.7% |
0 |
0.0% |
0.0% |
0.0% |
WYOMING |
14 |
0.2% |
3 |
21.4% |
1 |
33.3% |
7.1% |
0 |
0.0% |
0.0% |
0.0% |
TOTAL |
5817 |
100.0% |
453 |
7.8% |
48 |
10.6% |
0.8% |
7 |
0.1% |
1.5% |
14.6% |
* ARREST DATA INCLUDES ONLY THOSE MURDERS COMMITTED ON OR AFTER 9/1/95 AND EXCLUDES DEFENDANTS <18
SECTION THREE: RACE AND GENDER ISSUES
Race of the Defendant
271 (59.4%) are Black
88 (19.3%) are White
95 (20.8%) are Hispanic
2 ( 0.4%) are Arabic
24 (48.0%) are Black
20 (40.0%) are White
5 (10.0%) are Hispanic
1 ( 2.0%) is Arabic
3 (42.9%) are Black
3 (42.9%) are White
1 (14.3%) is Hispanic
Race of the Victim
186 (41.7%) are Black
136 (30.5%) are White
87 (19.5%) are Hispanic
11 (2.5%) are Arabic
26 (5.8%) are of multiple races (e.g., more than one victim of different race/ethnicity)
15 (30.0%) are Black
24 (48.0%) are White
7 (14.0%) are Hispanic
4 ( 8.0%) are of multiple races (e.g., more than one victim of different race/ethnicity)
1 (14.3%) is Black
3 (42.9%) are White
1 (14.3%) is Hispanic
2 (28.6%) are of multiple races (e.g., more than one victim of different race/ethnicity)
Gender Disparities
SECTION FOUR: THE DURATION OF CASES
Time Between Arrest and Disposition for Murder One
Trials 1991 - 1994,
Non-Capital Murder One and Capital Trials 1995-2003*
Number of Cases | Average Duration | |
First Degree Murder Trials 1991-1994 | 9 | 21 Months |
Non-Capital First Degree Murder Trials Since 9/1/95 | 162 | 21 months |
Full Capital Trials Since 9/1/95 | 15* | 26 months |
* In Kings County two capital cases concluded with pleas to sentences of life without parole after jury verdicts of guilty but prior to the penalty phase and in one case the defendant was convicted of less than First Degree Murder.
Note 1: Unless otherwise indicated, the statistical information is based on information for the period 9/1/95 through 8/15/2003. Data on First and Second Degree Murder arrests is from the New York State Division of Criminal Justice Services (DCJS). Data on First Degree Murder Indictments is from the New York State Office of Court Administration (OCA) and the CDO. All other data is from the CDO.
Note 2: In addition to providing direct trial and appellate-level capital representation, The Capital Defender Office (CDO), also provides consultation services and assistance in capital and potentially capital cases that are represented by 35-b attorneys, Contract Defenders or retained attorneys.
Note 3: Arrest data includes only those murders committed on or after 9/1/95 and excludes defendants <18 years of age.