News

Black History Month Profile Series: Ernie Chambers

By Death Penalty Information Center

Posted on Feb 09, 2024 | Updated on Sep 25, 2024

This month, DPIC cel­e­brates Black History Month with week­ly pro­files of notable Black Americans whose work affect­ed the mod­ern death penal­ty era. The first in the series is retired Nebraska state sen­a­tor Ernie Chambers. 

As a trail­blaz­ing fig­ure in Nebraska pol­i­tics, Ernest Ernie” Chambers is best known for his unwa­ver­ing com­mit­ment to jus­tice and equal­i­ty. Elected in 1970, Chambers served in the Nebraska state leg­is­la­ture for 46 years. Throughout his career, Chambers cham­pi­oned a vari­ety of caus­es, includ­ing equal pen­sions for women, the ces­sa­tion of cor­po­ral pun­ish­ment in schools, and the elim­i­na­tion of sales tax on gro­ceries. Across 36 leg­isla­tive ses­sions, he spon­sored bills to abol­ish the death penal­ty, includ­ing the 2015 bill that tem­porar­i­ly repealed cap­i­tal pun­ish­ment in Nebraska. Sen. Chambers said his mis­sion was to serve the least, the last, and the lost,” a tes­ta­ment to his ded­i­ca­tion to the mar­gin­al­ized and underserved. 

When the leg­is­la­ture debat­ed whether to over­ride Governor Pete Ricketts’ veto of the 2015 death penal­ty abo­li­tion bill, Sen. Chambers said, This will be the shin­ing moment of the Nebraska Legislature. The world, by anybody’s reck­on­ing, is a place filled with dark­ness, con­tention, vio­lence. We today can move to lift part of that cloud of dark­ness that has been hov­er­ing over this state for all these years.” The bipar­ti­san 30 – 19 vote made Nebraska the 19th state to abol­ish the death penal­ty. Gov. Ricketts lat­er per­son­al­ly fund­ed and led an effort to rein­state the death penal­ty via vot­er ref­er­en­dum, and in 2016, Nebraska vot­ers over­turned the state legislature’s decision.

Sen. Chamber’s effort to end the death penal­ty began in 1971 when he vis­it­ed a pen­i­ten­tiary: I don’t see how any­body comes out of prison with­out being filled with an unrea­son­ing, bit­ter hatred.” In his own words, Since I was first con­scious of the dif­fer­ence between right and wrong, I have been opposed to the death penal­ty. My argu­ment is sim­ple: Nobody should kill any­body. And killing some­one as pun­ish­ment is the most bar­bar­ic act of all.” 

Sen. Chambers’ jour­ney into the world of activism and pol­i­tics began with a moment that shaped his under­stand­ing of the pow­er of words. As a young Black man work­ing in a local post office, he spoke out against work­place dis­crim­i­na­tion, only to be fired in retaliation. 

Sen. Chambers retired from the leg­is­la­ture in 2021 when he reached the state’s term lim­it. His god­daugh­ter and fel­low leg­is­la­tor, Senator Patty Pansing Brooks, gave a speech hon­or­ing him at his retire­ment. She described Sen. Chambers as a man who stands as a bea­con of resilience: Senator Chambers is also a Nebraska leg­end, whose voice rose and pierced our hearts at times when we failed to live up to our best ideals.” Brooks empha­sized that to hon­or Sen. Chamber’s lega­cy, “[we must] do every­thing we can to change things so that they do not remain the same…We must vote and believe we can help to change the world for good.” 

Citation Guide
Sources

Ernie Chambers, Freedom From Religion Foundation, 2015; Julie Bosman, Nebraska Bans Death Penalty, Defying a Veto, The New York Times, May 27, 2015; Ted Genoways, Inside the Unlikely Coalition That Just Got the Death Penalty Banned in Nebraska, Mother Jones, May 28, 2015; Voices: Ernie Chambers — Death Penalty Focus, Death Penalty Focus, July 10, 2015; Melody Vaccaro, Ernie Chambers – Black, Seeing Red, August 14, 2020; Ernie Chambers Sr., Great Plains Black History Museum; Photo by Nebraska Unicameral Information Office 

Black History Month Profile Series: Ernie Chambers | Death Penalty Information Center

Capital Case Roundup — Death Penalty Court Decisions the Week of June 72021

NEWS (6/​9/​21) — Nebraska: A pan­el of three judges has sen­tenced Aubrey Trail to death for the 2017 killing of Sydney Loofe. In a state­ment to the court before the pan­el pro­nounced sen­tence, Trail admit­ted to the killing but said that his co-defen­dant, Bailey Boswell, who faces cap­i­tal sen­tenc­ing hear­ing lat­er this month, was not involved in the killing. Trail is the 12th per­son on Nebraska’s death row.

Trail’s death sen­tence con­tin­ues a trend in which new death sen­tences are dis­pro­por­tion­al­ly imposed in non-jury pro­ceed­ings or in cas­es in which defen­dants are per­mit­ted to waive key tri­al rights or have asked to be exe­cut­ed. Three of the eigh­teen peo­ple sen­tenced to death in 2020 waived their rights to a jury tri­al and a fourth rep­re­sent­ed him­self from arrest through tri­al. In 2019, three of the 22 defen­dants sen­tenced to death waived their rights to jury sen­tenc­ing, two oth­ers were sen­tenced to death by Alabama judges after non-unan­i­mous votes by sen­tenc­ing juries, and four more waived their rights to coun­sel and/​or to present mitigating evidence.

Of the four death sen­tences DPIC has ver­i­fied so far in 2021, Trail had no penal­ty jury, Michael Powell was sen­tenced to death by an Alabama judge after a non-unan­i­mous jury vote at sen­tenc­ing and William Wells plead­ed guilty in Florida and has repeat­ed­ly said that he wants to die.


NEWS (6/​4/​21) — Texas: A Bexar County judge has resen­tenced for­mer Texas death-row pris­on­er Noah Espada to life impris­on­ment, near­ly six years after a Texas appeals court over­turned his death sen­tence because of per­jured tes­ti­mo­ny by a pros­e­cu­tion wit­ness in the penal­ty phase of Espada’s trial.

Espada was sen­tenced to death in 2005 based in large part on the tes­ti­mo­ny of a for­mer sheriff’s deputy, Christopher Nieto, that Espada would pose a future dan­ger in pris­on­er if sen­tenced to life. Nieto lied to the jury about the rea­sons he had left his job in the sheriff’s office, false­ly claimed that Espada had drugs in his cell, and false­ly told the jury that Espada had, with­out provo­ca­tion, attacked anoth­er pris­on­er. In a post-con­vic­tion hear­ing in 2012, Espada pre­sent­ed evi­dence that, less than a month before writ­ing up Espada for alleged dis­ci­pli­nary offens­es, Nieto had been sus­pend­ed for leav­ing his post and threat­en­ing Espada, that Nieto had been under inves­ti­ga­tion for smug­gling drugs into the prison, and that Nieto had resigned from the sheriff’s office rather than take a poly­graph test about his drug activ­i­ties. Espada also pre­sent­ed evi­dence that he had not attacked any­one, but that Nieto had actu­al­ly arranged for anoth­er pris­on­er to attack Espada.

On July 1, 2015, the Texas Court of Criminal Appeals over­turned Espada’s death sen­tence based upon Nieto’s per­jured tes­ti­mo­ny. After sev­er­al years of unsuc­cess­ful lit­i­ga­tion by Espada to bar pros­e­cu­tors from argu­ing that he would pose a risk of future dan­ger­ous­ness, the par­ties agreed to a deal in which Espada could become eli­gi­ble for parole at age 71 in 2055.