Can Georgia afford the death penalty?

ATLANTA, Nov. 11 (UPI) -- A Georgia Supreme Court hearing held this week could determine if the state can afford to continue imposing the death penalty, observers say.

Attorneys for accused killer Jamie Ryan Weis, who has sat in jail for four years without a trial because the state can't pay for the expert defenders needed in capital cases, contended Tuesday the charges against him should be dismissed or that prosecutors shouldn't seek the death penalty, The Atlanta Journal-Constitution reported.

They say Weis's right to a free trial has been violated because the state's Office of the Capital Defender has no money in state coffers to pay for defense lawyers, investigators, expert witnesses and mitigation specialists. Georgia court rules call for capital defendants to be represented by two experienced attorneys, the newspaper said.

But Pike County prosecutors reportedly told the justices they weren't responsible for violating Weis's right to a speedy trial because they have no control over funding for the defense.

A ruling finding prosecutors liable could affect up to 70 Georgia death penalty cases for which adequate representation has not been found for the accused. The court is expected to issue a ruling next year, the Journal-Constitution said.