New Hampshire Death Penalty Study Commission - Final Report
Individual Statement of Commissioner Renny Cushing
Dec. 1, 2010
There were a number of family members of murder victims who appeared before the Commission to share their personal experiences with homicide and the criminal justice system. They expressed their opposition, as victims, to the death penalty. As I listened to their testimony, and as I do when I listen to the experiences of any family member of a murder victim, whether they support, oppose, or have no opinion on the death penalty, I felt a sense of shared experience, empathy, and solidarity. My father, Robert Cushing, Sr., was shotgunned to death in front of my mother in our family home two decades ago. For me, thinking about what should be done after a murder happens is not just an intellectual exercise; it’s part of my life. The pain that is difficult to give words to, the emptiness and trauma, are part of my personal reality that I brought to the work of the Commission.
On February 9, more than two dozen families of murder victims came to the Connecticut Capitol complex to urge lawmakers to repeal the death penalty because of its negative impact on families of murder victims. Seventy-six family members of murder victims signed a letter urging lawmakers to end the death penalty. Gail Canzano, whose brother-in-law was murdered in 1999, said, "The death penalty ensnares people in the criminal justice system where mandatory appeals, constitutional challenges and never-ending media attention result in notoriety for the murderer and years of suffering and uncertainty for the families left behind." Others cited the death penalty's financial and emotional costs as a significant reason for repeal. The letter to Connecticut lawmakers read, "The death penalty is a false promise that goes unfulfilled. And as the state hangs on to this broken system, it wastes millions of dollars that could go toward much-needed victims' services." The state legislature is considering a repeal bill, and a judiciary committee hearing will be held in mid-March. 
The family of a man who was killed in Ohio recently petitioned the parole board to commute the death sentence of the defendant in the murder. Peter Mah, son of Chong Hoon Mah, who was killed by Johnnie Baston (pictured) during a robbery in 1994, told the Ohio Parole Board, "I was opposed to Mr. Baston receiving a death sentence at the time of his trial… [and] my family and I are opposed to Mr. Baston being executed." During the trial, the family had filed affidavits saying that they preferred to see Baston spend his entire life in prison, but that sentencing option was not available at the time. The Board makes a recommendation regarding clemency to the governor, who makes the final decision. Baston's attorneys have compared his case to that of Jeffrey Hill of Ohio, whose death sentence was commuted to life without parole by former Governor Ted Strickland. In Hill's case, the parole board cited the wishes of the victim's family opposing execution. Baston's attorneys have also presented evidence that he was abused as a child by his birth family. 
On October 13, officials from the U.S. and Europe held what may have been the first ever international forum of law enforcement officers on the merits of the death penalty in reducing violent crime. The officers discussed whether capital punishment actually helps to keep citizens safe, assists healing for victims, and uses crime-fighting resources efficiently. The panelists, who included current and former police officers from the U.S. land Europe, addressed issues such as deterrence, closure to victims’ families, and costs as compared to alternative sentences. The panel was held at the National Press Club in Washington, D.C. You can find resources regarding the forum and video clips of the presenters' remarks on DPIC's new webpage 
Elie Wiesel, acclaimed author, human rights activist, Nobel Peace laureate and Holocaust survivor, spoke about his opposition to the death penalty during a lecture on capital punishment at Wesleyan University in Connecticut in October. Wiesel, who lost both parents and a sister in the Nazi death camps, focused his remarks on family members of murder victims. He said that murderers should be punished more harshly than other prisoners and encouraged the criminal justice system to focus efforts on the survivors of violent crimes "so that families will not feel cheated by the law." "But," he said, "death is not the answer." He said that he might change his stance if the death penalty could bring back victims. He remarked, “I know the pain of those who survive. Believe me, I know… Your wound is open. It will remain. You are mourning, and how can I not feel the pain of your mourning? But death is not the answer.”
The New Hampshire Commission to Study the Death Penalty held a hearing on September 16 at Keene State College, inviting the public to share their views on whether the state should repeal the death penalty. Among those testifying were a retired police chief, a former prisoner, and the mother of a murder victim, all of whom spoke against capital punishment. Margaret Hawthorn, whose daughter was murdered last April, told the Commission that she did not want her daughter’s killer to be put to death. “The best possible outcome for me would be for there to be no more death. One was enough.” Mark Edgington, who served time in a Florida prison, said his time as an inmate changed him from a supporter to an opponent of capital punishment. Edgington said that in his experience the death penalty is not an effective deterrent: “Having spent 9 years in prison, let me tell you, those men don’t care about your deterrents.” Former Marlborough police chief Raymont Dodge agreed with Edgington, saying that people who commit crimes do not weigh the pros and cons beforehand. Dodge also cited wrongful convictions as a serious concern: “We can release an innocent person from jail. We cannot release an innocent person from the grave.” The Commission is scheduled to release its report to the legislature in December.