Kurtis anniversary show keeps focus on death penalty

Bill Kurtis was looking for a "big" story to tell for the 10th anniversary edition of A&E's "Investigative Reports". So he and his team produced a hard-hitting, two-hour report on the questions being raised about the death penalty. They finished work in August, two months before the program's scheduled air date. Then came Sept. 11, and suddenly his big story was overshadowed - as was every other news story. Yet Kurtis' two-hour special on capital punishment is airing on schedule, with not one change to the original program. And it's just as worth your while to catch at 8 p.m. Tuesday. "It's a break from all of the Trade Center coverage," Kurtis said by phone from Wichita last week. (He's a native of southeastern Kansas and owns a ranch near Sedan.) Still, the death penalty is hardly escapist fare. And although this is ultimately a compliment to Kurtis and crew, "Investigative Reports" doesn't make it any easier on the viewer with its carefully arrived-at conclusion that the death penalty system in America is, all in all, a mess. The program's lead expert, Columbia University law professor James Liebman, co-authored a landmark study published last year that found 68 percent of all capital convictions between 1973 and 1995 had "serious" errors. A chilling statistic, but when "Investigative Reports" puts human faces on the problem, the results are truly sickening. Four men are profiled; all are currently on death row; all are fighting uphill battles to have their cases overturned. Yet after hearing their stories, many viewers might well ask why these four are still behind bars. In one case, the judge had been feuding with the accused - yet refused to step down from the trial. In another, the defense lawyer did cocaine outside the courtroom and fell asleep inside it. (In fact, the Columbia study singles out incompetent lawyers - usually low-paid public defenders - as the No. 1 cause of wrongful death sentences.) What especially enraged Kurtis, who also holds a law degree from Washburn University in Topeka, were the number of cases in which witnesses lied to jurors or withheld evidence that would have helped the defendant. "We were taught that testimonies were incontrovertible truth," said Kurtis, adding, with a rueful laugh, "Now we know they're nothing." Kurtis doesn't think this is a problem politicians will be able to solve. The legal profession, he believes, will reform the system "once they realize it's not working." (To that end, Kurtis said he may write a book on the death penalty.) Meanwhile he is working on his next "Investigative Reports" blockbuster, scheduled for November. This one might get a little more attention. It's on bioterrorism. But maybe this will get some viewers' attention: The only countries that allow juveniles to be put to death are Pakistan, Iran, Nigeria, Saudi Arabia and Yemen. And the United States. "Third Watch," the NBC drama in which actors pretend to be New York City firefighters, police officers and paramedics, has decided to pay tribute to their real-life counterparts in light of the Sept. 11 attacks. That's no surprise. What is surprising is the size of the tribute: Not one, not two, but three episodes, spanning four hours of prime time. The first airs at 8 tonight on NBC (Channel 41). In the two-hour "non-scripted episode," the actors "will interact with their heroic, real-life New York City counterparts," according to NBC. Next week the fictional rescuers perform their fake rescues on Sept. 10, the day before the bombings. The trilogy concludes Oct. 29 in an episode scripted for one week after the attacks. New York's finest and bravest are worthy of every tribute directed their way. It's just a shame they had to be called in to rescue this unremarkable, middling-rated TV show. An NBC program much more deserving of your attention is "Scrubs," the adrenaline-charged comedy about first-year doctors. Despite being one of the most blisteringly sarcastic shows to come along in years, "Scrubs" has a thoughtful side, too, as it imparts little lessons about the medical profession. Tuesday's episode (8:30 p.m., Channel 41) tackles a serious subject - what are known as "end of life issues" - with surprising grace and comic warmth. "The West Wing's" late Mrs. Landingham (Kathryn Joosten) is a guest star and, yes, she just might die again. "Masterpiece Theatre," which recently made a historic move from Sunday to Monday nights, begins its second season of featuring American authors with an adaptation of Eudora Welty's "The Ponder Heart" at 8 tonight on Channel 19. To reach Aaron Barnhart, phone (816) 234-4790 or visit the TV Barn Web site at www.tvbarn.com.