Kenneth W. Starr, a for­mer fed­er­al judge and U.S. Solicitor General, recent­ly rep­re­sent­ed Virginia death row inmate Robin Lovitt before the U.S. Court of Appeals for the 4th Circuit. Though he sup­ports cap­i­tal pun­ish­ment, Starr stat­ed that ​“the death penal­ty has to be admin­is­tered with the utmost cau­tion and reserved for the gravest offens­es. This is not that kind of case. Robin Lovitt main­tains his inno­cence, and evi­dence that might prove his inno­cence has been destroyed. I’m very dis­tressed by that.… Society had bet­ter be absolute­ly cer­tain before they put some­one to death who is main­tain­ing his inno­cence. I feel very pas­sion­ate­ly about that.”

He urged the judges to over­turn Lovitt’s con­vic­tion because pros­e­cu­tors failed to tell the defense that their own expert con­clud­ed that the scis­sors alleged­ly used by Lovitt could not have been the mur­der weapon. Starr argued that Lovitt’s rights were also vio­lat­ed when a cour­t­house clerk threw away all of the evi­dence before his appeals were com­plete. Starr, who does not spe­cial­ize in crim­i­nal law and has nev­er rep­re­sent­ed an inmate on death row, became involved in Lovitt’s case when his law firm took the case free of charge. (The Washington Post, February 2, 2005). See Innocence.

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