/ Green River Killer

11:12 AM PST on Wednesday, November 5, 2003

By AUSTIN JENKINS / KING 5 News

SEATTLE - By law, the state Supreme Court must review each death sentence.

One of the things the court looks for is whether the punishment is disproportionate to that handed down in similar cases.

Now some legal experts say if Ridgway didn't get the death penalty, it will be hard to justify executing any other killer

Attorney John Henry Browne, who defended serial killer Ted Bundy, predicts this is the end of the death penalty in Washington state.

KING Deputy Attorney General Paul Weisser

That's because before a person is executed in Washington, the supreme court must consider whether the punishment is proportional to what happened in other cases.

John Junker is a professor of criminal law at the University of Washington.

"Now there's a whole new argument on the table. The argument is I'm not as bad as this person who didn't get the death penalty and the court hasn't had that argument before it," said Junker.

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The Ridgway case is already being invoked by an attorney in the Rachel Burkheimer murder case in Snohomish County.

"It would be disproportional in my opinion and in the opinion of many to try and file the death penalty against an accomplice who isn't accused of being the shooter, when just down the road, 26 miles from this courthouse, there's another guy, who's accused of killing many young women doesn't receive that kind of treatment," said defense attorney John Muenster.

But deputy attorney general Paul Weisser says the death penalty will continue to be carried out and makes this point about the Ridgway case.

"They would have to look at the uniqueness of this case, the fact he was charged with only a few counts of aggravated murder, and it was only because of his cooperation that the 48 other counts conviction was obtained on," said Weisser.

King County Prosecutor Norm Maleng also says the Ridgway case does not undermine the death penalty.

"That's not what the law says … the law requires an individual consideration in each case," said Maleng.

There are currently 10 men on Washington's death row. The deputy attorney general KING 5 News reporter Austin Jenksin talked with said he wouldn't be surprised if some of those individuals now petition the state supreme court to review their sentences in the wake of the Ridgway case.