USA TODAY US Edition

IS THE DEATH PENALTY DYING?

The ultimate punishment has become more elusive than at any time since Supreme Court reinstated it in 1976

- Kevin Johnson and Richard Wolf

First of two parts.

MIDLAND, TEXAS If there is such a thing as a lock for the death penalty, the case against Daniel Higgins appeared to be just that.

Already sought for sexually assaulting a child, Higgins killed Sheriff ’s Sgt. Michael Naylor last October with a point-blank shot to the head, making him the only deputy slain in the department’s 130-year history. “I wanted him dead,” Sheriff Gary Painter says of the murderer.

But Naylor’s widow, Denise Davis, said she couldn’t bear the likely rounds of appeals that could stretch on for decades. Hig- gins was allowed to plead guilty and was sentenced to life without the possibilit­y of parole.

The death penalty in America may be living on borrowed time.

The emotional and financial toll of prosecutin­g a single capital case to its conclusion, along with the increased availabili­ty of life without parole and continuing court challenges to execution methods, have made the ultimate punishment more elusive than at any time since its reinstatem­ent in 1976.

Prosecutor­s, judges and juries also are being influenced by capital punishment’s myriad affliction­s: racial and ethnic discrimina­tion, geographic disparitie­s, decades spent on death

 ?? JAMES DURBIN FOR USA TODAY ?? A portrait of Sgt. Michael Naylor hangs in the William Ahders Justice Center in Midland, Texas. His killer was allowed to plead guilty in Naylor’s murder and was sentenced to life without parole.
JAMES DURBIN FOR USA TODAY A portrait of Sgt. Michael Naylor hangs in the William Ahders Justice Center in Midland, Texas. His killer was allowed to plead guilty in Naylor’s murder and was sentenced to life without parole.
 ??  ??

Newspapers in English

Newspapers from United States