Post Reports: Why Many People on Death Row Will Never Be Executed

Episode Release Date: December 2, 2024
Hosts: Martine Powers and Elahe Izadi
Produced by: The Washington Post

Introduction

In the December 2, 2024 episode of Post Reports, hosts Martine Powers and Elahe Izadi delve into the perplexing reality that many individuals sentenced to death in the United States may never face execution. The episode, titled "Why Many People on Death Row Will Never Be Executed," explores the intricate dynamics of the American death penalty system, featuring insights from Mark Berman, a Washington Post reporter covering law enforcement and criminal justice.

The Case of John Lesko and Michael Travaglia

The episode opens with a retrospective look at the late 1970s Pittsburgh crime spree committed by Michael Travaglia and John Lesko, infamously known as the "kill for thrill slayings" due to the absence of a clear motive. In 1979 and 1980, the duo murdered four individuals, including Leonard Miller, a young African American police officer. Despite initial swift justice, with both men confessing and being sentenced to death, four decades later, only one of the perpetrators, Michael Travaglia, has died of natural causes, while John Lesko remains on death row.

Key Moments:

• [00:01] Elahe Izadi: Introduces the crime spree and the subsequent death sentences of Travaglia and Lesko.
• [01:04] William Kerr: "Leonard Miller was genuine. He was our first black police officer, African American police officer."
• [01:11] Jim Claussen: Shares personal grief, "Leonard was a real close, real good, close friend of mine."

Mark Berman on the Death Penalty System

Mark Berman discusses the broader implications of Lesko's case, highlighting a significant mismatch in the death penalty system: over 2,000 individuals are on death row nationally, but executions are exceedingly rare, with only a few dozen carried out each year.

Notable Insights:

• [02:15] Mark Berman: "There are more than 2,000 people sitting on death row in America, but only a couple of dozen people are executed a year."
• [03:15] Lesko's Extended Appeals: Lesko's multiple appeals have repeatedly stalled his execution, reflecting a systemic issue where legal processes extend the time inmates spend awaiting execution indefinitely.
• [03:48] Pennsylvania's Moratorium: Pennsylvania, for nearly a decade, has halted executions, with none carried out since 1999.

Evolution of the Death Penalty in America

Berman outlines the historical trajectory of the death penalty in the U.S., noting a peak in the 1980s and 1990s with increasing death row populations and frequent executions. However, since the 2000s, there has been a marked decline due to changing public opinions, logistical challenges, and legal concerns.

Key Points:

• [05:04] Historical Peak: In the 1990s, executions averaged nearly two per week.
• [05:27] Decline Begins: The 2000s saw a reduction in both death sentences and executions, with more states abolishing the death penalty or halting executions.
• [06:21] Contemporary Decline: "This year is going to end with fewer than 30 executions, down from nearly 100 at the end of the 1990s."

Cultural Shifts and Public Opinion

The episode highlights a significant cultural shift regarding capital punishment. Public support has dwindled from approximately 80% in the mid-1990s to around 53% in recent years. Concerns include the fairness of sentencing, financial costs, and the moral implications of potential wrongful executions.

Notable Quotes:

• [05:50] Mark Berman: "Public support for the death penalty has declined. Gallup polling found that in the mid-1990s, about 4 in 5 Americans supported the death penalty. As of last year, that was down to a little more than 50%."
• [06:44] Robin Davis: Emphasizes the financial burden: "Why should we... continue to be burdened with that cost?"

Perspectives from Victims' Families

Berman interviews individuals closely connected to Leonard Miller, including William Kerr, Robin Davis, and Jim Claussen. Their evolving perspectives reflect the complex emotions surrounding the death penalty.

Key Discussions:

• William Kerr’s Change of Heart:
  • [12:14] William Kerr: "I came to the conclusion about 10 years ago that I would more be in favor of life sentence without parole."
• Jim Claussen’s Stance:
  • [13:06] Jim Claussen: "I still stand for the death penalty... We know who was guilty carry it out."
  • [13:38] Jim Claussen: Acknowledges personal pain: "I do not think I'd feel any better if it were carried out."
• Robin Davis on Costs:
  • [14:02] Robin Davis: Criticizes the legal system's financial strain: "Why should we continue to be burdened with that cost?"

John Lesko's Perspective

Mark Berman shares his encounter with John Lesko, who maintains a composed demeanor despite his prolonged wait on death row. Lesko acknowledges the emotional weight of his case but remains realistic about the potential for execution.

Notable Insights:

• [18:22] Lesko’s Composure: Discusses his case "almost as if he's discussing something happening to somebody else."
• [18:48] Knowledge of Execution Possibility: "He knows he could be executed... although he does not want it to happen."

Future of the Death Penalty

The episode explores potential future developments, including political influences and policy proposals aimed at either resuming executions or abolishing the death penalty altogether.

Key Points:

• Governor Actions: States like Louisiana are pushing to reinstate executions by adding new methods.
• Commutation Efforts: Advocates against the death penalty are urging outgoing officials to commute death sentences to prevent future executions.
• Political Shifts: With President-elect Trump, who previously supported capital punishment, there is speculation about a possible resumption of federal executions.

Notable Quotes:

• [22:24] Mark Berman: "President elect Trump has not specifically said whether his administration will resume executions, but it is expected that it likely will."

Conclusion

Post Reports concludes by underscoring the unresolved tensions within the American justice system concerning the death penalty. Both supporters and opponents grapple with the ethical, financial, and emotional implications of maintaining death row without executing inmates. The episode leaves listeners contemplating the future of capital punishment in the U.S. and its alignment with evolving societal values.

Additional Stories Mentioned

While primarily focused on the death penalty, the episode briefly touches upon other newsworthy topics:

1. Presidential Pardon Controversy:

   • President Biden pardoned his son, Hunter Biden, leading to scrutiny and defense from the White House.
   • [24:31] White House Press Secretary Karine Jean Pierre: Defends the decision stating the President believes in justice and that Hunter was "singled out politically."

2. Discovery of the Oldest Country Music Recording:

   • Archiphone Records unveiled the earliest known country music recording by Louis Vu from 1891.
   • [26:19] Rich Martin, Archiphone Records Co-founder: Discusses the importance of reclaiming the heritage of black artists in country music.

Produced by: Ariel Plotnick
Assistance by: Sabi Robinson, Renny Srinofsky
Mixed by: Justin Garish
Edited by: Maggie Penman, Monica Campbell
Special Thanks: Efrain Hernandez Jr, Rishma Kirpalani

For further exploration of this topic and more in-depth reporting, listeners are encouraged to tune into Post Reports and follow The Washington Post's coverage on criminal justice issues.