Pennsylvania lawmakers are introducing legislation again in an effort to deliver justice to victims and their families in federal death penalty cases.
U.S. Sen. Pat Toomey, R-Pa., and U.S. Rep. Fred Keller, R-Pa., have introduced Eric’s Law — named after prison guard Eric Williams, who was slain by an inmate at U.S. Penitentiary Canaan in Wayne County in 2013.
The legislation would permit prosecutors to impanel a second jury for sentencing if the first jury fails to reach a unanimous sentencing decision.
When Williams was brutally murdered, his killer, gang member Jesse Con-Ui, was already serving a sentence of life in prison. A federal jury found Con-Ui guilty of Williams’ murder, but one of the 12 jurors did not vote for the death penalty. Therefore, the killer received essentially no additional punishment.
“Officer Eric Williams was killed by a violent gang member while on-duty,” Toomey said. “His murderer’s crime largely went unpunished, even though eleven out of twelve jurors voted for the death penalty, because he was already serving a life sentence.
“Our legislation will fix this flaw in our justice system and help ensure no family has to see violent criminals avoid justice.”
Keller, whose district includes Potter County, said, “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.
“Justice denied to one is justice denied to all and we cannot let that stand; and as they say: the punishment must fit the crime. When a jury in a federal death penalty case finds a defendant guilty, but fails to come to a unanimous verdict on the death penalty, there should be an option to review the penalty phase of the trial to give victims and their families the best chance at finding the justice they seek. That’s what Eric’s law would accomplish.”
Currently, prosecutors cannot impanel a second jury for sentencing if a jury in a federal death penalty case fails to reach a unanimous decision on a sentence. Instead, the judge must impose a sentence other than the death penalty. Eric’s Law would allow, but not require, prosecutors to impanel a second jury in these instances.
The bill is modeled after state laws in California and Arizona.
Co-sponsors of Eric’s Law include U.S. Rep. Glenn Thompson, R-Pa.
In 2013, gang member Jesse Con-Ui, who was serving a life sentence for murdering a man in Arizona and a concurrent sentence of 11 years for possession with intent to deliver cocaine, murdered Williams while he was on duty. Con-Ui had kicked Williams down the stairs, stabbed him more than 200 times with two “shanks,” and kicked and stomped on Williams.
Williams was 34 at the time of his murder.
Toomey has worked for years to pass reforms in the federal prison system in Williams’ memory. Toomey and U.S. Sen. Bob Casey, D-Pa., were successful in 2016 in passing legislation that allows for prison guards to carry pepper spray as a “basic tool to defend themselves.”
This current legislation has been introduced before, but failed to advance.
