Toomey says second chance needed when juries split over death penalty

WASHINGTON — Frustration over the 2017 sentencing of an inmate who killed a guard in a northeastern Pennsylvania federal prison has spurred legislation that would give prosecutors a second chance at securing a death penalty in such cases.

Sen. Pat Toomey, R- Pa., and U. S. Rep. Fred Keller, a Republican from Snyder County, this week proposed allowing federal prosecutors to impanel a second jury to consider the death penalty if the first jury splits on the issue during sentencing.

The lawmakers are calling the proposal “Eric’s Law” after Eric Williams, a 34- year- old corrections officer who was stabbed to death by an inmate at U. S. Penitentiary Canaan in Wayne County, about 20 miles northeast of Scranton, in 2013.

The lawmakers argue that Jessie Con- ui, who was already serving a life sentence, received essentially no additional punishment for the killing because one juror out of 12 would not support carrying out the death penalty.

Mr. Keller, a former state representative who won a special election in May to serve the 12th Congressional District, said that juror prevented justice from being served.

“Throughout Pennsylvania and the entire country, victims of some of the worst criminal acts have justice denied to them when, as in the case of Eric Williams, a member of a jury will not vote for the death penalty due to a moral or political belief,” Mr. Keller said in a statement.

Mr. Toomey added that the “crime largely went unpunished, even though 11 out of 12 jurors voted for the death penalty. Our legislation will fix this flaw in our justice system and help ensure no family has to see violent criminals avoid justice.”

The bill allows — but does not require — prosecutors to impanel a second jury. The bill is modeled after state laws in California and Arizona and is supported by labor unions representing prison guards.

Don Williams, Eric’s father, told the TimesLeader in Wilkes- Barre that he supports the legislation.

“Why is one person allowed to have that much power?” Mr. Williams said, referring to the juror who would not agree to the death penalty.

“That favors the criminal and not the victim. When that happened with my son, the judge hit the gavel and a life sentence was imposed. There is no way to challenge that.”