Scherer calls for death case reform

Thursday, Oct. 8, 1998 | 11:42 a.m.

But the Democratic incumbent, Attorney General Frankie Due Del Papa, says that's what she proposed and the Legislature enacted two years ago.

Scherer called for legislation to let Nevada take advantage of the 1996 federal law reducing appeals an inmate on death row can file. Under that plan, inmates would get one complete and thorough appeal. But only a significant change such as new evidence would allow another federal appeal.

Scherer also wants the Legislature to fund training for Nevada lawyers and judges in handling death cases - a key requirement in the federal law.

"This program would reduce the costs Nevada taxpayers have to spend in defending the numerous trivial appeals filed by death row prisoners," said Scherer.

"He was one legislative session off," Del Papa said, adding that her office advocated the $120,000 appropriated by the 1997 Legislature to start a Capitol Case Resource Center at the National Judicial College. She said that new center has scheduled classes for prosecutors, defense lawyers and judges beginning in Reno in December.

She said creation of that center was a key recommendation by the Nevada Death Penalty Task Force formed by Republican State Sen. Mark James in 1995.

Del Papa said her office has also supported other reforms designed to speed and simplify the process.

But Scherer said he didn't make an error in his news release. While the Legislature appropriated money for the training program, he said it didn't mandate that lawyers and judges who handle such cases to take the training.

Without mandatory training, Scherer said it was his "educated guess" that the federal courts won't let Nevada take advantage of the 1996 federal law.