Summaries of 2004 death sentence cases

Second Half of 2004

Statistics about 2004 death sentences

According to the best available information, 146 persons were sentenced to death in 2004; although two of these sentences, Eric Dale Morgan in SC and Robert Acuna in TX, will have their sentences vacated because they were 17 years old at the time they committed the murders, and the U.S. Supreme Court decided in March 2005 that it is unconstitutional to sentence offenders to death who were less than 18 years old at the time of the murder. Morgan's and Acuna's case summaries are included for informational purposes.

Of these, 131 were first-time sentences, and 15 were resentences after an appellate reversal.   These persons were identified by comparing the Winter 2003 listing of about 3600 death row inmates from the NAACP Legal Defense Fund’s Death Row USA (current as of January 1, 2004) with its Spring 2004 report (current as of April 1, 2004); then the Spring 2004 report with the Summer 2004 listing; then the Summer 2004 report with the Fall 2004 report (current as of October 1, 2004); and finally the Fall 2004 report with the Winter 2004. This site will be updated as more quarterly listings become available. 

Juries were involved in all but six of the 146 death sentences imposed during in 2004:

• 116 were rendered by juries (although often the sentence was formally imposed by a judge).

• 22 were rendered by judges after a jury recommendation of death (Alabama, Delaware, and Florida have such a procedure—in those states the judge is supposed to give great deference to the jury’s recommendation).

• 2 were rendered by a three-judge panel after a jury had found aggravating factors (Nebraska's procedure).

• 1 was rendered by a 3-judge panel after the defendant waived a jury trial.

• 5 were rendered by a trial judge after the defendant waived a jury trial.

Of the 146 death-sentenced persons, 73 were white, 55 were black, 15 were Latino/Latina, 2 were Native American, and 1 was Asian. Only 5 of the persons were women (Wendi Andriano in Arizona, Angelina Rodriguez in California, Linda Lou Charbonneau in Delaware, Brenda Andrew in Oklahoma, and Kenisha Berry in Texas).