DA foresaw Supreme Court ruling on child rape penalty

But local man who authored death penalty legislation outraged

By Matthew Penix
St. Tammany News
Published on Monday, June 30, 2008 9:04 AM CDT



Anticipating the day the U.S. Supreme Court would strike down the death penalty for child rapists, District Attorney Walter Reed always refrained from seeking an execution for such a crime, his office said Friday.

“Even though it’s been enforced statewide for some time, it’s been widely believed it wouldn’t stand the test of the courts, so we never sought it,” Reed spokesman Rick Wood said.

In a 5-4 decision Wednesday, the U.S. Supreme Court solidified Reed’s prediction. It ruled execution was confined to those attacks that take a life and is “not proportional punishment for the rape of a child” despite the monstrous nature of the crime, Justice Anthony Kennedy wrote.

The ruling erupted debate throughout America last week and reversed laws in 44 states allowing the death penalty for those guilty of raping a child.

The court’s ruling centered on Patrick Kennedy, a Louisiana man accused of raping his 8-year-old daughter. The attack was so brutal surgery was required afterwards.

Former Louisiana Rep. Pete Schneider, a Republican from Slidell, authored Louisiana’s 1995 law that gave courts the authority to seek the death penalty for those who rape children under 13. On Thursday, Schneider said he was outraged over the “unconstitutional” ruling.

“The Supreme Court didn’t have the courage, the fortitude or the insight to protect our children or grandchildren in America,” Schneider said, almost yelling through the phone while visiting Europe. “I am extremely disgusted.”

He said he would love to “look them personally in the eye” and ask why the court ruled against execution.

Child rapists “butcher the child’s soul,” Schneider said. “That soul is torn apart. That’s the most horrible thing you can do to a child.”

“I believe in my heart the appropriate punishment is to sentence these people to die,” he said.

That sentiment has brought many other politicians into the fray. Some, such as Gov. Bobby Jindal, vowed to keep writing laws that condemn to death child rapists despite the court’s ruling.

“One thing is clear: the five members of the court who issued the opinion do not share the same standards of decency as the people of Louisiana,” Jindal wrote in a statement. “One justice said that ‘the death penalty is not a proportional punishment for the rape of a child.’ That is incredibly absurd. The most repugnant crimes deserve the harshest penalties, and nothing is more repugnant than the brutal rape of an eight-year-old child.”

Jindal called the ruling “dead wrong” and later vowed to “evaluate ways to amend our statute to maintain death as a penalty for this horrific crime.”

U.S. Sen. David Vitter, R-Metairie agreed.

“The rape of a child is undoubtedly a heinous offense and one that is unfathomable for most Americans to even comprehend,” Vitter said. “Such a crime causes irreparable damage to children and has a lifelong impact on these innocent victims and their families.”

Meanwhile, Reed, the district attorney for the 22nd Judicial District which covers Washington and St. Tammany parishes, seems to agree with the court’s ruling. No child rape case under his tenure has been heinous enough to seek the death penalty, Wood said.

“It’s a death for death issue,” Wood said, adding Reed’s office believes executions are for murderers, except for extremely “heinous” child rapes that haven’t occurred in his district.

Also, most child sexual abuse victims are abused by a friend or relative, and that child doesn’t want to be responsible for sending a grandparent, uncle, father or stepparent to die, Wood said.

“A lot of times (the choice to not seek the death penalty) was a consideration of the family members who didn’t want to go through the case again,” Wood said.


Comments

5 comment(s)

    R. Side wrote on Jul 2, 2008 12:24 PM:

    " Imagine, safety, love, innocence is all you know. The magic of innocence is short lived, but it is a special time. Then along comes a rapist, and changes your impression of life, not for just the moment, but for the rest of your life. The magic of innocence is gone for ever, that little person is in essence dead, and that little person is now a victim of a weak predator who has to attack smaller defensless prey. Putting child rapist in a field, setting them on fire and allowing nature to take its course sounds appropriate to me. "

    Lewis wrote on Jul 1, 2008 11:32 AM:

    " I think any and all child rape cases are heinous enough to put the guilty party to death with out any delay. Our DA office dosen't have a back bone. But if this was to happen to one of their kids or grandkids then they would have a change of heart. In fact they would be trying to get them before the cops the rapist and then cover it up. "

    Monica Ngere wrote on Jul 1, 2008 3:11 AM:

    " i think the Supreme ought to consider what the purpose of every punishment means for the offenders,their victims and society;basically it is for reform,correctional,detterence, aspect of appeasing the victim, protecting society from such offenders etc.Child rape which is an escalating problem for many nations,death penalty is the only answer as most often the offender repeats when released from prison,the society is left haplessly at their mercy,there is no detterence factor,the child is traumatised the rapist is back on the streets and that on top of the emotional scars she already has.Here reform or correction for offender is not an option/factor "

    Catherine Shafer PhD wrote on Jul 1, 2008 1:31 AM:

    " The next-to-last paragraph (sentence) of this article perpetuates the myth that this kind of attack is the child's responsibility. It is definitely not. The person responsible for the crime (and ultimately the punishment) is the ONE WHO ATTACKS, not the one who has been attacked. The child is in no way responsible for the punishment. Representative Schneider was correct in his statement of the rending of a child's soul; it is the most unimaginably horrible crime anyone could ever commit. Death for death, Mr. Wood? Please. "

    Anthony wrote on Jun 30, 2008 11:39 PM:

    " It reversed laws in SIX states allowing the death penalty for child rape, not forty-four. You reversed the numbers. "

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