Louisiana justice gets a bit too candid expressing his views about capital punishment

This local story, headlined "Louisiana Supreme Court justice recuses self from 'Angola 5' death penalty appeal over radio interviews," reports on some notable comments concerning the death penalty made by a notable public official in the Pelican State. Here are the details:

Louisiana Supreme Court Justice Scott Crichton recused himself on Tuesday from the pending appeal of death row inmate David Brown in the "Angola 5" prison-guard murder case, a day after Brown's attorneys cried foul over comments the judge made about capital punishment on Shreveport talk radio.  Crichton's one-sentence "notice of self-recusal" came without explanation.  It leaves the remaining six state high court justices to weigh Brown's direct appeal over his conviction and death sentence in the 1999 group beating and stabbing death of Angola State Penitentiary guard Capt. David Knapps.  The court could also appoint an ad hoc judge to fill Crighton's seat in the case.

Brown's attorneys filed a motion late Monday claiming Crichton's commentary in recent radio interviews raised at least the appearance of bias in the high-profile capital case. Crichton, 63, mentioned the Angola 5 case on the KEEL morning show on Oct. 23 to illustrate his view that the death penalty can be a valuable deterrent.  A former Caddo Parish prosecutor and district judge who rose to the high court bench three years ago, he agreed with a show host that "if you're in for life, you have nothing to lose" without it.

Brown was serving a life sentence for a different murder when Knapps was killed inside a bathroom at the state penitentiary. Brown's attorneys argued that Crichton's mention of the Angola 5 case alone warranted his recusal.  Crichton went further on the airwaves, however, and Brown's attorneys argued that his other on-air remarks also revealed potential bias in Brown's case, and perhaps in any capital case that reaches the court.

On the Oct. 23 show, Crichton first acknowledged that he "can talk about anything other than a pending case before the Louisiana Supreme Court," then mentioned the Angola 5 case.  He went on to lament the lengthy appeals process in death-penalty cases and argued for well-publicized executions. "If it's carried out and the public knows about it, I believe it's truly a deterrent," he said.  "What really boggles my mind is the inmate who has committed capital murder who is on death row who is begging for his life.  Think about the fact that the victim gets no due process."

Crichton also suggested a workaround to problems many states have had in acquiring one of three drugs in a commonly used "cocktail" for state killings — a shortage he blamed on drug companies being "harassed and stalked" by death-penalty opponents.  Crichton said he favors giving condemned inmates a choice in their death: the cocktail; a new method using a single drug, nitrogen hypoxia; or another, time-tested execution method.  "Firing squad is one," he said.

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