ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, February 11, 1991                   TAG: 9102110270
SECTION: EDITORIAL                    PAGE: A-8   EDITION: METRO 
SOURCE: 
DATELINE:                                 LENGTH: Medium


JOE GIARRATANO SHOULD HAVE A NEW TRIAL

THERE WAS a curious headline in the Dec. 14 paper: "State executes Justus."

Is justice ever executed when a man or woman is killed? It was horribly wrong for Buddy Justus to kill Ida Mae Moses and the others he murdered. But, it is also wrong for us to have killed him. Killing people does not show that killing people is wrong. On the contrary, state executions show that we do, in actuality, approve of killing.

There is a man on death row who may be executed soon. Joe Giarratano's case is not as clear-cut as Justus'. It looks as if Giarratano is innocent. In fact, the evidence to this effect is extremely compelling. However, he is still on death row.

Joe thought he was guilty of killing Barbara and Michelle Kline. He even asked for the death penalty. Since then, new evidence has convinced him as well as hundreds of others of his innocence. Because the new evidence was not available at the time of his conviction in 1979, procedural rules have not allowed this evidence in court during appeals.

Joe's execution date has been set for Feb. 22. Joe and his supporters are not asking for his release; they are asking for a retrial. Joe is willing to waive his right to protection from double jeopardy.

Even those who support the death penalty in some cases cannot support the execution of someone who may be innocent, one of the ominous dangers of this irreversible "punishment." As citizens of Virginia, we need to call on Gov. Wilder to grant Joe Giarratano the retrial he is asking. A retrial is the least we can do when there is so much "reasonable doubt" about a person's guilt. Without a retrial, executing Giarratano will be executing (killing) justice, not implementing it. ROSE HARRISON ROANOKE



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