PANEL OF CONTRIBUTORS:Time for county to take stand on death penalty PANEL OF CONTRIBUTORS:Time for county to take stand on death penalty (February 04, 2004)

Now that the first degree murder trial of Scott Peterson has been brought to San Mateo County, it offers a stage for a reexamination of the death penalty.

In my opinion, a major flaw in the administration of the death penalty in California, and in other states where it is legal, is the issue of the financial capacity of some defendants to retain competent counsel. Apparently, Mr. Peterson has the resources to pay for the high-visibility attorneys he is bringing to the trial.

Yet, studies show there are an abundance of cases in which the rights of poor defendants in death penalty cases are traced to incompetent counsel. This is no criticism of Mr. Peterson, but of a system that does not assure competent counsel for all in, at the very least, death penalty cases.

Competent counsel, however, is only one of many serious flaws in the administration of the death penalty in California. Because of this disturbing list of flaws, efforts have been underway throughout the state for several years to seek an immediate moratorium on the death penalty.

The moratorium would be enforced until a thorough, apolitical study is conducted on the death penalty in California, and recommendations implemented.

Moratorium resolutions are being endorsed, even by supporters of the death penalty, because of the acknowledgment of its unfairness. For once in a long time, there is a governor in Sacramento -- a supporter of the death penalty -- who may have doubts about flaws in the criminal justice system, and the death penalty is the ultimate sentence in this system.

San Mateo County is the sole county in the Bay Area that has not adopted a resolution recommending a moratorium. Resolutions have been adopted over the last three years by the counties of Santa Clara, San Francisco, Marin and Alameda.

San Mateo County, perhaps because the Peterson case is located here, should proceed forthrightly to recommend a moratorium to the governor. Being in the limelight and center stage, San Mateo County's board of supervisors could make a timely difference.

Henry Organ is a member of the Almanac' Panel of Contributors.

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