http://cptv.vo.llnwd.net/o2/ypmwebcontent/Tucker/Death%20Penalty%20Trial.mp3
A trial involving a group of Connecticut death row inmates began Wednesday. The men say the state's death penalty is racially and geographically biased.
Connecticut's death penalty was repealed earlier this year, but the law affects only future crimes. Eleven men remain on death row.
A group of them sued the state claiming discrimination in the way prosecutors seek the death penalty based on race, gender and geographic location.
The trial is taking place in a vacant unit at Northern Correctional Institution in Somers because there were safety concerns about a group of death row inmates together in one courtroom. There's a live video feed to Rockville Superior Court where the public can watch. The trial is being heard by a judge.
Chief State's Attorney Kevin Kane was the first witness.
He was questioned by lawyer David Golub about the period of time when he was New London State's Attorney.
DG: If you had a case presented to you where you believed the evidence was sufficient beyond a reasonable doubt to charge capital felony, you charged a capital felony in every one of those cases, is that right?
KK: Yes I believe so.
Kane acknowledged that that was standard practice in his district.
DG: Are you aware that there are scores of cases in Connecticut outside the New London judicial district where no capital charge was brought even though the evidence was beyond a reasonable doubt to support it?
KK: By brought, you mean brought initially?
DG: Yes. Brought initially.
KK: Wouldn't surprise me.
Andrea Macchiarulo from the Office of the Chief State's Attorney asked Kane if he also considered the strength of the evidence.
KK: Yes.
AM: Do you also consider any aggravating factors?
KK: Yes.
AM: Mitigating factors?
KK: Yes.
AM: Do you consider the race, gender, ethnicity of the victims?
KK: No.
AM: The families?
KK: No.
AM: The defendants?
KK: Absolutely not.
The attorneys for the death row inmates reached an agreement with the state to end this line of questioning. They agreed that there are no written guidelines or written policies for prosecutors to follow in determining whether to seek the death penalty.
The trial is expected to last several weeks.
