Supreme Court upholds 'victim impact evidence' rule
Justices deny appeals of two L.A. murderers sentenced to death who claimed that video footage of their victims' lives viewed by jurors unfairly played on emotions. Three justices dissent.
Reporting from Washington and Washington Webrim Lfinley X76928; Exported 11:55 A.M. -- Over the objection of three justices, the Supreme Court turned down appeals today from two Los Angeles murderers who said it was unfair that a videotape of the victim's life was played for jurors before they decided the killer should die.
Defense lawyers had argued that this "cinematic evidence . . . designed to play on the jury's emotions" should be excluded from a sentencing hearing in a capital case.
Today's action leaves intact a rule that allows the use of so-called "victim impact evidence" in death penalty cases.
In 1991, the high court upheld this rule and said prosecutors may tell the jury about the victim, her life and the effect of her loss on her family and friends. Its decision restored the use of this evidence, which had been ruled unconstitutional in an earlier decision.
Justice John Paul Stevens, who had dissented in 1991, said today the court should revisit the issue and put limits on the use of this evidence because it can have a powerful emotional effect on jurors. He said jurors should focus on the killer and his crime, not the impact on the victim's family.
In the two Los Angeles cases, "the videos added nothing relevant to the jury's deliberations and invited a verdict based on sentiment, rather than reasoned judgment," Stevens wrote.
Justices David H. Souter and Stephen G. Breyer agreed the court should take up the issue, but it takes four votes in the high court to grant an appeal.
In the first case, the justices rejected an appeal from Douglas Kelly, a drifter who was sentenced to die for the 1993 rape, robbery and murder of 19-year old Sara Weir. She was found dead in a North Hollywood apartment after being stabbed 29 times. Kelly's blood and fingerprints were found at the scene. When he was arrested in Laredo, Texas, he was in possession of checks of hers.
Kelly had befriended several women at a health club in Burbank before Sara's murder, and some of them testified he had attacked them with scissors.
At his sentencing hearing, jurors watched a 20-minute videotape of Sara's life that had been prepared by her mother. It showed Sara from the time she was an infant and included scenes of her swimming, riding horses and singing "You Light Up My Life" with a school group. It was set to the music of artist Enya and closed with a photo of her grave.
