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Should the Deaf Get Death?

A Controversial South Dakota Death Penalty Murder Case Raises an Unusual Issue: Should There Be a Different Standard for the Disabled?

It was a grisly crime, with details shocking enough to grab headlines of their own.

death penalty

But the case of Daphne Wright, a deaf woman charged with murder in a lesbian love triangle, is raising a controversial question that goes beyond the case itself: Should deaf defendants ever face the death penalty?

A motion filed by Wright's attorneys argues that imposing the death penalty on Wright violates the Eighth Amendment, which forbids the infliction of "cruel and unusual punishments." Wright's attorneys say that because she has been deaf since early childhood she is at an unfair disadvantage in trying to persuade a jury to spare her life.

Presiding Judge Bradley Zeff denied that motion in February, rejecting the defense argument that Wright's lifelong deafness makes it unconstitutional for prosecutors to seek the death penalty. As of now, with jury selection under way and a trial imminent, Daphne Wright faces execution if convicted for her alleged crimes.

The facts of the case are startlingly gruesome. Darlene VanderGeisen, a deaf woman from Sioux Falls, S.D., disappeared on Feb. 1, 2006. She was later found dead and dismembered, her body parts found scattered between a landfill in Sioux Falls and a ditch near Beaver Creek, Minn.

Ten days after the killing Wright was arrested on murder charges. According to court documents, a search of Wright's basement yielded bone fragments and tissue that matched VanderGeisen's DNA. Autopsy reports determined the cause of death was either suffocation or a blow to the head. It is believed a chainsaw was used to dismember VanderGeisen after she had been killed.

Prosecutors say Wright got caught up in a whirlwind of lesbian drama which drove her to commit murder. The motive was jealousy. Wright says VanderGeisen, who was heterosexual, was trying to break up her lesbian relationship with a woman identified as Sallie Collins, a close friend of the victim. The two reportedly had a heated argument over the relationship shortly before the murder took place.

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