Tightening Noose

CLEARING THE LEGAL OBSTACLES BLOCKING THE WAY to the execution chamber has been one of the top priorities of the current U.S. Supreme Court. In its latest move to end sometimes seemingly endless death-row litigation, the court ruled 6 to 3 that a convict who offers last-minute evidence of innocence, after already exhausting appeals, has no automatic right to a federal hearing before being executed.

The decision, written by Chief Justice William Rehnquist, conceded "for the sake of argument" that a "truly persuasive demonstration" of innocence might warrant federal review, but Leonel Torres Herrera did not meet even that hypothetical test. In 1982 he was convicted -- on the basis of eyewitness testimony and other evidence -- of shooting a Texas police officer. The court ruled that Herrera could not reopen his case years later by producing statements from four people who said his brother was the actual killer. The brother could hardly dispute the claim, since he died in 1984. In a dissent, Justice Harry Blackmun argued that strong late claims of innocence must be heard. "The execution of a person who can show that he is innocent comes perilously close to simple murder," he declared.