Mike Farrell, actor and human rights leader, argued in an op-ed in the Cleveland Plain Dealer that the case of Anthony Apanovitch in Ohio demon­strates sev­er­al sig­nif­i­cant prob­lems with the death penal­ty. Apanovitch was recent­ly grant­ed a new tri­al, 30 years after he was con­vict­ed. Evidence in Apanovitch’s case was with­held from his defense, and a DNA test was not per­formed until decades after the tri­al. “[W]hen the state seeks the penal­ty of death — the one pun­ish­ment that is irre­versible,” Farrell wrote, there is a need for cer­tain­ty that is at odds with the out­rage of the pub­lic and the pres­sure on pros­e­cu­tors.” When a DNA test was even­tu­al­ly per­formed, it exclud­ed Apanovitch, lead­ing a judge to acquit Apanovitch on one count of rape, dis­miss anoth­er rape charge against him, remove a spec­i­fi­ca­tion from the mur­der charge, and order a new tri­al on the remain­ing mur­der and bur­glary charges. Farrell, who has been involved in the case for decades, empha­sized how the uncer­tain­ty of the case effect­ed the vic­tim’s fam­i­ly: For 30 years, the Flynn fam­i­ly has lived with near­ly unen­durable pain while those in charge of our sys­tem have strug­gled to jus­ti­fy killing Anthony Apanovitch.” He con­clud­ed, It is too soon, even after 30 years, to call this case resolved. But it is not too soon to say that the death penal­ty sys­tem is a fail­ure. In fact, it is long past time for us to declare that the death penal­ty does not serve the inter­ests of soci­ety, the inter­ests of vic­tims, or the inter­ests of justice.”

(M. Farrell, Anthony Apanovitch’s three decades on death row anoth­er argu­ment for end­ing the death penal­ty: Mike Farrell (opin­ion),” Cleveland Plain Dealer, February 20, 2015). See New Voices and Innocence.

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