HARRISBURG, Pa. — A group of capital defense attorneys is asking the Pennsylvania Supreme Court to limit the Washington County district attorney’s use of the death penalty.
The Atlantic Center for Capital Representation’s filing asks the court to oversee DA Jason Walsh, who’s accused of filing capital charges in cases where the death penalty isn’t justified.
“DA Walsh has abused his power,” said Atlantic Center Executive Director Marc Bookman. “He is using the death penalty as a political tool and a cruel threat to coerce people into giving up their constitutional rights under a wrongful threat of death.”
After becoming DA in 2021, Walsh has prosecuted 18 homicide cases, filing capital charges in 11 of them, an Atlantic Center spokesperson says.
The filing alleges that Walsh has often failed to present evidence of first-degree murder and aggravating factors, even at preliminary stages when the burden of proof is lower.
“In most counties in Pennsylvania, these cases wouldn’t be death penalty cases,” said Atlantic Center staff attorney Frances Harvey. “DA Walsh is well outside the boundaries of the law.”
Despite making up less than 2% of Pennsylvania’s population, Washington County is responsible for prosecuting 26% of the state’s death penalty cases.
The filing urges the Pennsylvania Supreme Court to use “extraordinary jurisdiction,” allowing it to act in matters of public importance that need resolution outside normal legal proceedings.
DA Walsh responded Tuesday evening with a statement that reads:
“The petition is without merit. It is a liberal Hail Mary. It is filed by a liberal Philadelphia anti-death penalty group. All of the allegations contained in it are nonsensical and contradict the law. The death penalty has been legal for a long time and I will enforce the law. I will seek justice for children, the most vulnerable and innocent members of society.”
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