Michigan has the distinction of being the first jurisdiction in the English-speaking world to ban the death penalty for ordinary crimes, but if you commit a federal capital crime in Michigan you may be subject to the federal death penalty. That explains why Timothy O'Reilly, accused of killing a security guard at a federal credit union in Dearborn in 2001, could become the first person executed in Michigan in 72 years if he's convicted. The decision to seek the death penalty in O'Reilly's case was made in the Bush administration at the recommendation of then-U.S. Attorney Stephen Murphy, and Attorney General Eric Holder has decided to continue to pursue execution. A story on the case this week by Tresa Baldas in the National Law Journal points out that Holder has approved seeking the death penalty at pretty much the same rate as his predecessor, 11% of the time compared to 13%, although he has received relatively fewer requests. Murphy's successor as U.S. Attorney, Barbara McQuade, has said that she thinks the death penalty is appropriate in O'Reilly's case, although she herself is personally opposed to the death penalty. The National Law Journal story quotes her as saying, " "Our culture in Michigan is one that is probably at odds with the death penalty, so that makes things an uphill battle when we seek it."
Here's the National Law Journal story (subscription required).
