Death Row Inmate Cites Abolishment of Death Penalty in Appeal

By Gary Jeanfaivre

A convicted murder on death row is arguing that his sentence constitutes cruel and unusual punishment since the state has abolished the death penalty.

The appeal, which could affect all inmates on death row, was scheduled to be heard Tuesday, Oct. 22, by the Connecticut Supreme Court, according to an article by the Associated Press that was published on WTNH's website. 

The appeal has been brought forth by Daniel Webb. He was convicted of the 1989 kidnapping and murder of Diane Gellenbeck.

The AP article reports that Webb's lawyers claim his constitutional right to equal protection is being violated by the state law that abolished the death penalty, because it only abolished it for those not already convicted. The death penalty was overturned in 2012, just as a poll showed the majority of Connecticut residents support it.

As of May of this year, there were 11 adult male inmates awaiting execution on death row at the Northern Correctional Institution in Somers, according to an FAQ on the state Department of Correction's website. 

In an interview with the AP in July of 2012, Webb said: "I don't think you can have a law that has double standards. Abolish means abolish, doesn't it?"