Judge Asks Prosecutors To End Death Penalty Drive

A Brooklyn judge is asking federal prosecutors to spare taxpayers the expense of lengthy court hearings and drop plans to seek the death penalty for an accused drug kingpin. The judge explained his request by saying there was "no chance that 12 jurors will vote for the death penalty in this case."

The unusual request, which has become the talk of New York's small contingent of death penalty attorneys, came on Wednesday during a recess in the trial of Kenneth McGriff, who is accused of the contract killings of two rival drug dealers.

"Will you kindly advise Washington that in this judge's opinion, there's no chance in the world there would be a death penalty verdict in this case," the judge, Frederic Block of U.S. District Court in Brooklyn, told lawyers outside the presence of the jury, according to a transcript. "If I'm wrong, I will have egg on my face, but I will not be incorrect."

Judge Block said he based his prediction on his "observation of the intensity with which the jury is listening to the defense" arguments, as well as the scope of the evidence presented at trial. The defendant had been "humanized" before the jury, Judge Block said.

The jury spent yesterday afternoon attempting to arrive at a verdict in the case. If McGriff is convicted, prosecutors have stated they will ask the jury to impose a death sentence. That requires a separate sentencing hearing that can last weeks, as each side calls additional witnesses. A death sentence requires a unanimous jury. No federal jury has returned a death sentence in New York since the federal death sentence was reinstated in 1988.

Death penalty proceedings in McGriff's case would be a "total misappropriation" of government funds, Judge Block said, according to a transcript. He ordered an assistant U.S. attorney, Carolyn Porkony, to relay his request to the office of the attorney general in Washington, D.C., which is responsible for the final decision in every case in which the federal government seeks the death penalty.

The Department of Justice did not respond to a request for comment yesterday.

This is the first capital case over which Judge Block, who was nominated to the bench by President Clinton, has presided.