Defendants Ask PA Supreme Court to Stop Death Penalty Abuse by Washington County DA

The Legal Battle Over the Death Penalty in Washington County

Two men, Jordan Clarke and Joshua George, who are facing homicide charges and potentially the death penalty if convicted, have taken their case to Pennsylvania’s highest court. They are seeking to restrict the actions of Washington County District Attorney Jason Walsh, accusing him of misusing the death penalty as a tool to coerce guilty pleas or encourage witnesses to testify against the defendants.

The defendants filed a petition with the state Supreme Court, outlining several measures aimed at limiting Walsh’s discretion when it comes to pursuing capital punishment. Their lawyers argue that the district attorney has been disproportionately using the death penalty in Washington County, where a significant number of the state’s death penalty notices involving aggravating factors have been filed.

A Controversial Prosecutorial Approach

According to the petition, Walsh, a Republican who was appointed in 2021 and re-elected nearly two years ago, has sought the death penalty in 11 out of 18 homicide cases during his time in office. However, Walsh disputes these numbers, claiming that the county has seen more than 18 homicide cases during that period. He also pointed out that some of these cases involved the deaths of children, which could make it easier to meet the legal requirements for the death penalty.

“If it fits under the law, prosecutors can seek the death penalty,” Walsh said in a phone interview. “That’s just the law.”

The petition requests that the Supreme Court adopt one or more of the proposed changes. These include requiring an out-of-county judge, the attorney general’s office, or a court-appointed special master to review decisions to pursue the death penalty. It also asks that the death penalty not be pursued in the cases of Clarke and George and that an outside judge review all death penalty cases since Walsh took office.

The Impact on Legal Resources

Washington County is a suburban and rural area with a population of over 200,000 people. Known for its history of coal mining and gas drilling, the county is located in the southwesternmost corner of Pennsylvania, about 28 miles southwest of Pittsburgh.

The lawyers representing Clarke and George, from the Philadelphia-based Atlantic Center for Capital Representation, argue that the excessive use of the death penalty by Walsh has strained the county’s resources. They note that no county has an unlimited budget to fund defense teams for indigent clients facing capital punishment.

“The excessive, abusive, and coercive use of the death penalty by District Attorney Walsh has surely strained Washington County’s ability to fund constitutionally adequate defenses,” the filing states.

Specific Allegations and Reactions

One example cited in the filing involves a woman whose charge of conspiracy to commit homicide was upgraded to criminal homicide after defense lawyers argued that conspiracy alone was not enough to face the death penalty. She spent nearly four years in jail before the case was dismissed. Walsh claims there is evidence supporting the case and plans to appeal the dismissal.

In Clarke’s case, which involves the death of a 2-month-old boy, the petition alleges that Walsh improperly influenced the manner of death determination, filed homicide charges and a notice of aggravators before the manner of death was determined, and is pursuing a death sentence based on inappropriate aggravating circumstances.

Walsh, however, maintains that state and federal courts have long upheld the legality of the death penalty. In Pennsylvania, only three people have been executed since the 1970s, and all had given up on their appeals. Appeals and natural deaths have reduced Pennsylvania’s death row from over 200 inmates two decades ago to 94 currently.

“This is nothing but a liberal Hail Mary from a liberal think tank,” Walsh said of the newly filed court petition. “Those allegations are nonsensical and without merit.”