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A hearing on the Constitutionality of the state’s death penalty is underway as five top prosecutors testified last week. Attorneys for accused Jesse Campbell III, who faces the death penalty, are claiming that the death penalty is unconstitutional because it is applied in an “arbitrary and capricious” manner throughout the state.

Prosecutors testified that they follow the law and the prosecutor’s code of ethics when deciding whether to pursue the death penalty. However, they also testified that there was no written standard or guideline regarding the matter.

Kevin Kane, the state’s top law enforcement officer, testified first, followed by state’s attorneys from the Windham, Middlesex, New Britain and Ansonia/Milford judicial districts.

Kane gave the most detailed answers. He said in his current position, as supervisor of all state’s attorneys in Connecticut, and during his more than a decade as New London state’s attorney, he used an “operating assumption” that if assistants in his office planned to charge a defendant with capital felony, they would discuss the matter with him first.

“Because of the nature of the case, I expect the assistants to talk to me. I expect assistants to have common sense in cases that would have a significant relevance or impact,” Kane said.

Several other prosecutors are expected to testify when the hearing resumes on March 23. Stay tuned.

Previous coverage of this hearing:

• State prosecutors have to testify at death penalty hearing