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Another death sentence for child rape in Louisiana

By Douglas Berman

Though many are noting recent declines in the death penalty, there is one state experiencing capital growth in one notable context:  as detailed in this news report, Louisiana last week secured another death sentence for aggravted child rape.  Here are the particulars:

A man proscutors say used a 5-year-old girl as a sex toy for him and his girlfriend made history Wednesday by being sentenced to die.  Richard Davis, a 35-year-old Ohio native, listened but did not make eye contact as each Caddo juror verbally confirmed his sentence. It was only two days ago that the same group of nine women and three men spent 1½ hours deliberating before convicting Davis of aggravated rape for repeatedly sexually assaulting the child from October 2004 to January 2005….

During closing arguments, Davis cried as prosecutors asked jurors to give him the death penalty. “Execute this man,” Caddo Assistant District Attorney Lea Hall said as he pointed to Davis. “Justice has a sword, and this sword needs to swing today.” Defense attorney Kurt Goines made an impassioned plea for his client’s life…. Goines says Davis is not insane but struggles with mental illness, including borderline personality disorder….

Davis’ mother, Shelia Davis, said he was physically, mentally and verbally abused as a child and ran away from home at age 15. She begged jurors not to kill him. “Please, he never felt loved.” But prosecutors say that’s no excuse for the crimes Richard Davis committed. To strengthen their appeal for the death penalty, prosecutors touted criminal behavior that includes the molestation of his son as well as the molestation of at least four teenage girls.

Louisiana’s ability to obtain another death sentence for child rape should increase the chances that the Supreme Court will take up the appeal of Patrick Kennedy, the only other person on death row for child rape.  Kennedy’s petition for cert will be considered in a few weeks by the Justices and his constitutional attack on the death penalty for a non-homicide offense could be heard as early as this Spring.

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