Talking up the need for a state execution, state Attorney General Ernie Preate brought his law-and-order platform to central Pennsylvania.
Preate, on a statewide swing to announce his re-election plans, also boasted about busting drug dealers and rounding up tax cheats.
In his hour-long visit to the University Thursday, Preate said he was disappointed that no one had been executed in the state since capital punishment was reinstated in 1980.
"It's been 12 years since the law has been on the books, and we still haven't had one," Preate said. "It's because we've had these inexcusable delays of repetitive appeals by death row inmates."
Preate pointed to convicted murderer and rapist Henry Fahy of Philadelphia, who was scheduled to be executed earlier this month at the State Correctional Institution at Rockview. The execution, however, was stayed by the state Supreme Court so the case could be appealed.
But one of Preate's critics said appeals are necessary and vital to death penalty cases.
"It's the punishment of last resort," said Allentown lawyer Richard Orloski. "All potential room for error must be eliminated."
Yet Centre County District Attorney Ray Gricar said the appellate system is often mistreated and needs to be changed.
"Some reform should be enacted by Congress to prevent the abuse of the appeal," Gricar said, adding that Fahy grossly abused the system by delaying his appeal until Gov. Robert P. Casey signed the death warrant.
A convicted person may appeal if he or she feels an error has occurred during the judicial process, Gricar said.
Centre County District Justice Ron Horner agreed, but added the privilege can be abused.
"The problem is when you appeal too much," Horner said.
With an execution case, lawyers should trust the judge's decision, said Orloski, who is expected to challenge Preate in the election.
"I support the concept of capital punishment, but I don't think it should be applied haphazardly," Orloski said.
Congress is now grappling for a reform that would limit the leniency of the appellate process, Gricar said.
"We want speedy but fair resolutions of things," he said, adding that too many appeals inhibit the system.



