January 03. 2007 6:59AM

Making a botch of death penalty

OUR OPINION

It might seem that justice ought to be an absolute -- not something subject to different definitions in different places. But it isn't, of course. Not even when justice deals with matters of life and death.

The fact that all Americans live under the same U.S. Constitution doesn't change the reality of how capital punishment is regarded. Acceptance for imposing the ultimate punishment varies from one place to another -- as much as Michigan varies from Texas.

Or Florida from California. Yet Florida and California have found themselves in the same place last month, albeit for very different reasons.
Florida Gov. Jeb Bush suspended all executions in Florida after a medical examiner said that prison officials had botched the insertion of needles when a convicted killer was put to death. The process took twice as long as it should have.

How much did the condemned man suffer? The coroner withheld comment, but other medical authorities said his pain, which continued for 34 minutes, would have been excruciating. In any case, Bush had seen enough. He created a commission to examine the lethal injection process and he won't sign any more death warrants until the report is completed.

In California, a federal judge extended a moratorium on executions, declaring that the lethal injection method used there violates the constitutional ban on cruel and unusual punishment.

As we have said repeatedly in editorials, states that can't get it right have no business putting people to death. Indiana belongs on that list.

In July 2004, Gov. Joe Kernan commuted the death sentence of Darnell Williams upon the unanimous recommendation of Williams' parole board. DNA test results had shown that blood evidence in Williams' murder trial had been misidentified, and Williams was mentally retarded -- as was the likely shooter whose sentence was commuted because of his mental state. Yet Williams' death sentence had been upheld through 13 court reviews, until Kernan got it right the 14th time -- within a week of the scheduled execution.

Shortly before he left office in January 2005, Kernan also commuted the death sentence of Michael Daniels, who was borderline mentally retarded, suffering from paranoia and delusions, and whose role in a murder was in doubt.

As Kernan observed, in both of these cases the justice system had gotten it wrong. Justice isn't perfect, but it is forever if the death penalty is imposed.

Prior to Kernan's illuminating experiences, a review of capital punishment in Indiana had been conducted. The law was declared fair and just -- which obviously wasn't the case.

We have urged repeatedly that the application of the death penalty in Indiana be subjected to additional, appropriate scrutiny, and that the punishment be suspended in the meantime. The Daniels and Williams cases are by themselves reason enough. We ask again.

Some people regard capital punishment as barbarism. Others think it's a fitting penalty for murder. But it is hard to imagine how even the most ardent advocate can fail to acknowledge that states have made a botch of it -- Indiana being no exception.

EDITORIAL BOARD

DAVID C. RAY, Editor and Publisher

TIM HARMON, Managing Editor