By Joe Rogalsky and Drew Volturo,
Delaware State News
DOVER - General Assembly members reacted swiftly Tuesday to the disclosure of a court decision that would make nearly 200 inmates serving life sentences eligible for release.
The House of Representatives unanimously passed House Bill 31, which reverses the state Supreme Court decision.
"The Supreme Court is not immune to error," said House Majority Leader Rep. Wayne A. Smith, R-Wilmington, who sponsored the bill.
"They are human too."
State Attorney General M. Jane Brady revealed Monday that the high court ruling could free nearly 200 inmates incarcerated for murder, rape and kidnapping.
Ms. Brady said the Supreme Court based its ruling on the case of Ward T. Evans, an inmate who was convicted Sept. 29, 1982, of first-degree rape and sentenced to life in prison with the possibility of parole.
Although Evans was denied parole three times between 1993-99, he filed a motion with Kent County Superior Court on Jan. 8, 2004, claiming his sentence was illegal.
Evans argued that under the conditional release clause in the Delaware Code, he was entitled to have a conditional release date calculated as if his life sentence was a 45-year term, less good time credits earned during his incarceration.
The Superior Court denied Evans' motion, so he appealed to the state Supreme Court.
The high court agreed to hear Evans' appeal, noting that the case presented "issues of statutory interpretation,'' which the court said it would be reviewing for the first time.
In a Nov. 24, 2004, opinion, the court agreed with Evans that his sentence, as applied by the Department of Correction, was illegal because it did not provide a conditional release date.
The court said that in its interpretation of the Delaware Code, an inmate serving a life sentence with the possibility of parole for a crime committed before June 30, 1990, should have a conditional release calculated as if the life sentence was a 45-year term.
The court said the ruling would not apply to crimes committed after June 30, 1990, when the state's Truth-in-Sentencing Act took effect because lawmakers intended that a life sentence imposed for a Class A felony would henceforth be a "natural life sentence.''
The decision also does not affect inmates convicted of first-degree murder who are sentenced to life in prison without possibility of parole.
Rep. Smith acknowledged that the House was "breaking new ground" by passing the bill.
"We are faced with two issues," said Rep. Smith said, who admitted he's heard from attorneys who think the bill is constitutional and others who think it may run into constitutional difficulties.
"There is the very real threat to public safety in Delaware. The court has overstepped its bounds into our ability to write law."
Some legislators raised serious concerns about the constitutionality of voiding a court case after it has been decided and establishing specific standards for judges to use when interpreting Delaware law.
"I have severe doubts about the constitutionality of the bill," said Rep. Robert J. Valihura, R-Wilmington, one of three attorneys serving in the legislature.
"But I will support it because we have to do something.
"We can't let hardened criminals be loosed upon society. If nothing else, we have bought ourselves some time."
Sen. James T. Vaughn, D-Clayton, the bill's top Senate sponsor, said he would like the bill to be considered in his chamber today.
"If we can do it, I want us to vote," Sen. Vaughn said.
Rep. Smith said he has discussed the bill with Senate leaders and expects it to pass easily.
"It will be like a hot knife through butter," he predicted.
Gregory B. Patterson, a spokesman for Gov. Ruth Ann Minner, said the governor supports the concept of the legislation but has not reviewed the bill.
Department of Correction Commissioner Stanley W. Taylor Jr. briefed the House on early estimates of how many criminals would be released under the court's ruling.
More than 200 offenders could be released under the new statute, Mr. Taylor said, including:
* 25 convicted of first-degree murder;
* 24 convicted of second-degree murder;
* 67 convicted of rape;
* 35 convicted of unlawful sexual intercourse;
* 20 convicted of kidnapping;
* 14 habitual offenders.
"Further complicating the issue is that many of these prisoners (have not taken part) in our step-down program," Mr. Taylor said. "They would be going from maximum security prison to walking the streets."
Contact information
Concerned victims and their families can contact the state Department of Justice to obtain information regarding inmates released because of a recent state Supreme Court ruling.
The ruling does not apply to sentences imposed for crimes committed after June 30, 1990, and does not apply to inmates convicted of first-degree murder and sentenced to life without parole.
* Victims can call the Department of Justice at:
* Jennifer Butler in Kent County at 739-4211
* Kim Quillen in Sussex County at 856-5353
Mariann Kenville-Moore at 577-8500 in New Castle County.
- Delaware Department of Justice.
Staff writer Tom Eldred contributed to this article.
Staff writer Joe Rogalsky can be reached at 741-8226 or jrogalsky@newszap.com.
Staff writer Drew Volturo can be reached at 741-8296 or dvolturo@newszap.com.
Reprinted with permission from newszap.com
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