WILKES-BARRE — U.S. Rep. Rob Bresnahan Jr., on Wednesday introduced Eric’s Law — legislation designed to strengthen protections for our nation’s correctional officers and deliver justice for those who commit violent acts against them.
“Eric’s Law is a necessary step to ensure justice is not denied due to a single juror’s bias,” said Rep. Bresnahan, R-Dallas Township. “The tragic murder of Officer Eric Williams highlights the extreme risks our correctional officers face every day. This bill will give prosecutors the ability to seek a second jury to ensure those who commit heinous crimes against law enforcement can be brought to justice. On the anniversary of his death, I am proud to honor Officer Eric Williams’ sacrifice and ensure the safety of those who serve our country in the line of duty.”
Rep. Bresnahan introduced the legislation alongside his Pennsylvania colleagues, House Committee on Agriculture Chairman G.T. Thompson (PA-15) and Rep. Guy Reschenthaler (PA-14).
Eric’s Law is named for Officer Eric Williams, a federal correctional officer who was brutally murdered by an inmate at the U.S. Penitentiary Canaan in Wayne County, Pennsylvania in 2013.
At the time of Officer Williams’ murder, the inmate was already serving a life sentence for murder. Following a trial, the inmate was found guilty and received a second life sentence, despite 11 out of 12 jurors voting in favor of the death penalty.
“Current law requires a unanimous decision by the jury to impose the death penalty,” Bresnahan said. “This bill permits prosecutors to impanel a second jury for sentencing if the first jury in a federal death penalty case fails to reach a unanimous decision on a sentence.”
Eric’s Law is endorsed by Don Williams, the father of Officer Williams and Voices of J.O.E. Founder, and by the Fraternal Order of Police (FOP), Federal Law Enforcement Officers Association (FLEOA), National Association of Police Organizations (NAPO), AFGE Council of Prison Locals 33, and AFGE CPL-33 Local 3003.
“I will never forget the judge repeatedly reminding the jury during the trial of my son’s murderer that ‘it only takes one vote against death penalty and the accused will automatically get a life sentence,’” said Don Williams. “And so the inmate who was already doing life for murder got another life sentence for killing my son. One person having the power to override 11 other jurors totally defeats the purpose of a jury. My family and I are grateful to Congressman Rob Bresnahan for introducing Eric’s Law which corrects that glitch in the law. Eric’s Law is not about the death penalty, but is a bill for sentencing reform with emphasis on victims’ rights.”
Patrick Yoes, National President of the FOP, added, “Twelve years ago, Federal Bureau of Prisons Correctional Officer Eric Williams was viciously murdered in the line of duty by a violent gang assassin and an inmate at a Federal prison in Wayne County, Pennsylvania. The prisoner ambushed Officer Williams and stabbed him over 200 times with prison-made weapons and beat him savagely enough to crush his skull.”
Yoes said under current federal law, the murder of a federal law enforcement officer is a capital offense.
“However, if the officer’s killer is found guilty of murder and the federal prosecutor seeks the death penalty in the sentencing phase, the jury must consider and vote on whether to impose it,” Yoes said. “Unfortunately, the decision of the jury must be unanimous — a single dissenting juror can prevent justice from being served, which is exactly what happened in the case against Officer Williams’ killer.”
Yoes said the legislation introduced by Rep. Bresnahan would amend the law to allow federal prosecutors to impanel a second jury for the sentencing phase of a federal capital case if the first jury does not reach a unanimous decision on the sentence.
“When justice is not served in the murder of a federal law enforcement officer, it sends a message throughout the ranks of law enforcement that their sacrifice, up to and including the loss of their own life, is meaningless,” Yoes said. “It’s time for Congress to pass Eric’s Law.”
David J. Demas, AFGE CPL-33 Local 3003 President, thanked Rep. Bresnahan for his support and the introduction of Eric’s Law.
“This bill is named after a fellow Officer at USP Canaan, Eric J. Williams, who was killed in the line of duty on Feb. 25, 2013,” Demas said. “The inmate got away with essentially no punishment, but this bill aims to ensure this injustice does not happen again.”