Guest column: Want to end the death penalty? Start with calls to your local DA

In June, Oklahoma Attorney General John O’Connor scheduled 25 executions between August 2022 and December 2024. Though the AG requests execution dates, local district attorneys significantly contribute to capital punishment cases in Oklahoma. Since 1976, Oklahoma has executed over 117 people, and in each case, a district attorney has advocated for the execution.  

Prosecutors are designed to be “administrators of justice” and have more power in the criminal legal system due to their authority to make charging decisions with little oversight. This discretion is generally un-reviewed by courts, especially in states with a high number of capital punishment cases. Additionally, huge caseloads prevent meaningful legal review under the DA’s office.

Part of the problem is the broad scope of crimes eligible for the death penalty. The Oklahoma felony murder doctrine removes the state’s burden to prove “intent to kill” when charging first or second-degree murder in the commission of a felony. With this hurdle removed, DAs have an easier route to convict someone with either the death penalty or life with or without parole.  

Additionally, district attorney’s discretion is applied differently across the state. The processes to request the death penalty vary from district to district. According to an Oklahoma Death Penalty Review Commission report, one district attorney set aside capital punishment for only “the most heinous crimes,” while another listed that premeditated murder with aggravating factors qualifies for the death penalty. This inconsistency between district attorneys' offices shows how important a DA’s influence is in making capital punishment decisions. 

Prosecutorial misconduct, including evidence destruction and coercive plea deals, has also mired the death penalty process, resulting in the deaths of innocent people at the hands of the state. If district attorneys want to seek the death penalty, all evidence must be retained and untouched by the district attorney’s office during the entire time a person is on death row and up to 60 days after. This is a two-way street: Defendants must turn over evidence to the prosecution. Actions like intentionally destroying evidence might fall under a Brady violation, which can result in having a conviction vacated and penalties against an attorney. 

It is common for witnesses to cut plea deals with district attorneys. However, this has caused some of the largest capital punishment controversies for the past few decades. Overstating the strength of evidence during plea bargaining may be considered prosecutorial misconduct. During the Richard Glossip case, Justin Sneed was spared the death sentence after claiming Glossip directed him to murder Barry Van Treese.  

Every four years, all 27 district attorneys are up for election, but in Oklahoma, only a few have challengers. As we get closer to the November election in Oklahoma, it is important to remember the role DAs play in the death penalty. The public must trust their local leadership to administer smart justice, and ending the death penalty must be directed at those who have the most influence, starting with your local district attorney. 

Randy Bauman serves as Of Counsel for the ACLU of Oklahoma.