Pubdate: Thu, 07 Dec 2000 Source: New York Times (NY) Copyright: 2000 The New York Times Company Contact: 229 West 43rd Street, New York, NY 10036 Fax: (212) 556-3622 Website: http://www.nytimes.com/ Forum: http://forums.nytimes.com/comment/ Author: Marc Lacey and David Johnston OFFICIALS CONSIDER DELAYING THE FIRST EXECUTION OF A FEDERAL INMATE IN NEARLY 40 YEARS WASHINGTON, Dec. 6 -- In a series of private meetings today, Attorney General Janet Reno and her advisers forcefully debated whether President Clinton should grant a reprieve to Juan Raul Garza, a federal inmate who is scheduled to die next Tuesday by lethal injection. Unless Mr. Clinton intervenes, Mr. Garza, a Texas man who has admitted to three drug-related homicides, would become the first person executed by the federal government since the Kennedy administration. Today, amid a barrage of lobbying against the execution, government officials said that Mr. Garza's 96- page petition for clemency had evoked little sympathy, given the seriousness of his crimes -- and despite pleas in the petition from Mr. Garza's 10-year old daughter who wrote, "Please let my Daddy live." Administration officials would not predict whether the execution would actually be carried out next week. Although it may still go forward, officials said they were searching for a justification to postpone it, especially because a study is still under way into the fairness of federal death-penalty procedures. Mr. Clinton has expressed concern with the application of the federal death penalty and officials said there was strong support within the Justice Department to give Mr. Clinton a rationale that would allow him to delay the execution -- possibly until after he leaves office next month. "On the whole, as a supporter of capital punishment, he believes he has a special obligation to ensure that it's administered fairly and effectively in the federal system," said Jake Siewert, the president's spokesman. Mr. Garza is one of 20 federal inmates on death row. None have ever come as close as Mr. Garza to the scheduled date of execution, which under federal rules must be carried out by lethal injection at a specially designed unit at a federal prison in Terre Haute, Ind. But questions about inequities in the application of the federal death penalty have swirled around the issue for months and many prominent people have lobbied the White House in recent days to declare a moratorium on executions pending further analysis of apparent racial and geographic disparities in its application. The death penalty issue has followed a circuitous path in the federal government, caught between the courts and rapidly changing political currents. After the Supreme Court said in 1972 that the death penalty was unconstitutional as then applied, states adopted a variety of statutes that the court upheld. In 1988, Congress adopted the "drug kingpin" law, permitting use of the death penalty against people found guilty of murder in large-scale narcotics trafficking operations. In 1994, Congress enacted the Federal Death Penalty Act, which expanded the the crimes punishable by death to include murders committed during bank robberies, carjackings and destruction of airplanes, trains or motor vehicles. Mr. Garza's execution has already been postponed once by Mr. Clinton, who granted a reprieve because of questions about the racial and geographic disparities in the application of the federal death penalty. In addition, the president expressed concern about the absence of federal clemency procedures. The issue became even more tangled in September when the Justice Department issued a survey that found that in 75 percent of the cases in which a federal prosecutor had sought the death penalty, the defendant was a member of a minority group, and in more than half the cases, an African-American. - ---