Fred Heineman: “let us enter into this debate with a little practicality and a little what really happens out there in the street. We…”

“let us enter into this debate with a little practicality and a little what really happens out there in the street. We will walk the walk a little bit. On December 3, 1980, Kermit Smith kidnaped Whellette Collins and two of her girlfriends. He kidnaped them from Hallifax, NC. He robbed, raped, and murdered Whellette Collins. He attempted to rob her two girlfriends. They escaped. Mr. Kermit Smith was apprehended at the scene of the crime. He was tried and convicted of murder and sentenced to death. Despite the conviction, this case dragged on for 14 years, going before 46 judges and to the U.S. Supreme Court 5 times. Over 150 different writs, stays, and motions were filed during these 14 years. Each delay caused the family of Whellette Collins horrendous pain, and justice was denied them over and over again. And just yesterday we were talking about victims compensation. Worse still, Smith should have been in prison at the time of the murder for an earlier offense. Not only do we have a problem with outrageous numbers of appeals on death row, but we also are turning criminals loose from a revolving door criminal justice system. I wish this was an isolated incident, but I am willing to wager that every Member in this distinguished body has a Kermit Smith in his or her district. In the course of ensuring the rights of criminals, we are throwing away the rights of the victims and the victims' families from these painful, extended habeas corpuses.”