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July 15, 2005

Fell verdict reactions ::
legal, vermont — tagged , , , and
12:22 pm

The news world is replete with stories of the Fell trial. Here’s a list of stories I found most relevant, mostly by searching Google News:

The Rutland Herald has this piece in which Professor Michael Mello responds to the death sentence. He notes particularly that the chances of reversal are slim:

While he calls capital punishment law and procedures the most complicated, contradictory and inconsistent area of law he had ever encountered, Mello said Sessions handled the penalty phase so well he would be surprised if the sentence is reversed on appeal.

This assessment is consistent with other accounts of the penalty phase of the trial I have heard. If one shred of good news comes of this story, it is that Donald Fell’s trial was conducted in a fair manner consistent with Due Process.

The Vermont Standard has this piece noting that the Fell case has reinvigorated the capital punishment debate in the state.

Despite such arguments, public opinion across the state has not been convincingly assessed in years. The most recent published poll, taken by State Sen. William Doyle on Town Meeting Day 1999, suggested that the state is divided: 48 percent of those who responded said the death penalty should be restored, with 41 percent opposed. Although Doyle’s poll reached thousands of people, it only included the opinions of those who chose to participate, and the question was posed as neighboring Massachusetts debated a death penalty bill.

The Standard also notes that Howard Dean—who many regard as a left-wing ideologue—was a supporter of Capital Punishment during his tenure as Governor:

Sensing the absence of a statewide consensus, recent Vermont governors have straddled the fence. In the midst of the state’s 2001 debate on the issue, then-Gov. Howard Dean said he wouldn’t introduce a death penalty bill, but added that he wouldn’t veto one that reached his desk. In 2003, during his bid for president, Dean told Meet the Press, “The problem with life without parole is that people get out for reasons that have nothing to do with justice.”

On a national level, the Boston Globe has this thoughtful article on the Fell case, which includes a good timeline of the case.

The New York Times, the LA Times, the Washington Post, the Chicago Tribune, and the Guardian (UK) all have articles on the verdict as well, though from what I could gather they were mostly rehashed wire stories.

And finally, and possibly most relevant at this point, is the Burlington Free Press article on what’s next in the Fell case.