He is a convicted killer who was sentenced to death but because Adolph Harris wasn't hanged - he could soon be a free man. Harris was convicted in 1995 for the 1993 murder of Lavern Orosco. Back then a jury convicted him of murder and a judge sentenced him to death by hanging. Harris lost subsequent appeals to both the Court of Appeals and to the Privy Council in England. And so, by law, the government could have gone ahead and executed him but it didn't. For 11 years he has been sitting on death row at the Hattieville Prison. Today Harris' defense team of Senior Counsel Simeon Sampson, human rights activist Antonette Moore, and an attorney from England - Edward Fitzgerald - asked the Chief Justice to quash Harris's death sentence. Moore and Sampson told us that 11 years on death row is simply unconstitutional.
Antonette Moore, Attorney
"No person should serve over a five year term on death row. Either, of course we would hope this ever be the case-but either they be executed or their sentence should be commuted."
Simeon Sampson, Senior Counsel
"We've asked the court, first of all, to set aside the sentence of death and it be either a life sentence but a life sentence of peculiar nature that has a determinant element. For example ten years with remission, fourteen years actual time, or a more beneficial or more favorable time, given the fact that this was a double violation of Harris' rights."
Keith Swift,
You're asking the court to sentence Mr. Harris, a convicted murderer, to something like fourteen years?
Simeon Sampson,
"Ten years, fourteen years, as he sees fit."
Keith Swift,
That's a considerably lighter sentence.
Simeon Sampson,
"In all the circumstances of the case."
Antonette Moore,
"What we came to court about this morning were the violations of his constitutional rights and we would want to remind everyone that we do not leave our constitutional rights at the doorsteps of the Hattieville Prison or anywhere. We continue to have those rights."
Chief Justice Abdulai Conteh has reserved judgement. The Privy Council has ruled that anyone on death row beyond five years cannot be executed because it will amount to cruel and inhumane punishment. Current case law also stipulates that death should not be the mandatory sentence for murder. In his 11 years on death row, Harris has maintained a personal relationship with Lolita Lynch who was charged with abetment to murder for the death of Lavern Orosco. Lynch had allegedly told Harris to kill Orosco. She, however, was acquitted.
