HB 1707 and pending cases

One question that comes up frequently during discussions regarding HB 1707 is: "what would happen with pending cases, either individuals facing trial or those on death row?"

The short answer is that HB 1707 would give those persons a chance to prove that they were severely mentally ill at the time of the crime. If a prosecutor agreed with the claim, the defendant would be sentenced to life in prison. If a prosecutor disagreed, then both the defense and the prosecution would present their respective evidence to a trier of fact (judge or jury) for a decision whether the defendant fell within the statute's narrow defintion. The same process applied after passage of the prohibition on executing persons who were "mentally retarded."

For example, the King County Prosecutor recently announced his decision to seek a death sentence for Connor Schierman, who is charged with four murders. If HB 1707 is passed, Prosecutor Maleng could reconsider his decision, but would not be required to do so under the new law. If Mr. Schierman claims that he was severely mentally ill and, as a result, was substantially imparied in his ability to know right from wrong or to control his actions, he could then file a motion asking for dismissal of the death penalty. A judge would then hear the evidence, giving both sides an opportunity to present their case. If the judge decided that Schierman was severely mentally ill, then the death penalty would be dismissed, although Schierman would still face four murder charges and four life sentences. If the judge disagreed, then Mr. Schierman could present his claim to his jury during the penalty phase, who would decide either life or death.

I should note that I do not have any personal knowledge, beyond what I have read in the newspapers, about Mr. Schierman. I do not know whether he is severely mentally ill. Instead, I am simply using Mr. Schierman's case to illustratae how HB 1707 would work, if passed.

In the end, HB 1707 gives both the prosecution and the defense an equal and fair opportunity to present their cases. However, if a judge or jury determines that a defendant facing a death sentence was, in fact, severely mentally ill at the time of the crime, the result is to preclude a death sentence.