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36 legislative sessions, he sponsored bills to abolish the death penalty, including the 2015 bill that temporarily repealed capital punishment in Nebraska.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.”
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
Capital Case Roundup — Death Penalty Court Decisions the Week of June 7, 2021
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.
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