Victims

Bipartisan Effort to Abolish Death Penalty Gains Momentum in Washington

With the backing of the state's governor and attorney general, Democratic and Republican sponsors of a bill to repeal Washington's capital-punishment statute have expressed optimism that the state may abolish the death penalty in 2018. In 2017, Attorney General Bob Ferguson, a Democrat, was joined by former Attorney General Rob McKenna, a Republican, in calling on the legislature to end the state's death penalty. Ferguson, who has said "[t]here is no role for capital punishment in a fair, equitable and humane justice system," is pressing legislators to take up the bill this year. Governor Jay Inslee featured the bill in his January 9, 2018 State of the State address, urging legislators to "leave a legacy that upholds the equal application of justice by passing a bill to end the death penalty in the state of Washington." The bill, now numbered SB 6052, has bipartisan backing: two of its sponsors in each house are Republicans. And Senator Jamie Pedersen (D-Seattle), the chair of the Senate Law and Justice Committee, to which the bill has been referred, said "[t]he stars may be aligning now for support of doing away with the death penalty." Both Republican sponsors in the Senate have questioned the value of the death penalty for murder victims' families and stressed that capital punishment runs counter to conservative values. Sen. Mark Miloscia (R-Milton) wrote in a recent op-ed, "many murder victims’ families oppose capital punishment because it’s little more than a long, re-traumatizing process that doesn’t give them the justice that they deserve." He said continuing with the death penalty is unjustifiable given its failure to contribute to public safety, its high cost, and the "ever-present risk of killing an innocent person." Sen. Maureen Walsh (R-Walla Walla) said, "The death penalty isn’t really accomplishing a wonderful relief to [victims'] families." The repeal bill was stalled in 2017 when Senator Mike Padden, the former judiciary committee chairman, refused to hold hearings on the bill. When Democrats gained control of the state senate after the November 2017 elections, Pederson replaced Padden, paving the way for committee action on the bill. “The votes are there,” Attorney General Ferguson said. “I’m reasonably optimistic that this could be the year.” Miloscia said he, too, is “highly optimistic .... I think this is something that people on both sides of the aisle want to get done.” Washington has a similar profile to other states that have recently abolished the death penalty. Its murder rate is significantly below the national average and, as with most of the states that have done away with capital punishment, it has a very low rate of murders of police officers. The high cost of the death penalty is also a factor for legislators. According to a 2015 Seattle University study, each death-penalty prosecution cost an average of $1 million more than a similar case in which the death penalty was not sought. In an email to the Washington Newspaper Publishers Association, Senator Walsh said "taxpayers foot the multi-million dollar appeals process for the accused and we spend $50,000/year for incarceration. ... A life sentence with no chance of early release saves money and issues the ultimate punishment by denying the convicted their freedom and liberties for life.” Washington has not carried out an execution since 2010, and Governor Inslee—who imposed a moratorium on executions in February 2014—has said he will not allow executions to take place while he is in office.

Murder Victims’ Family Members Speak of Moving Forward, Without the Death Penalty 

Family members of murder victims share no single, uniform response to the death penalty, but two recent publications illustrate that a growing number of these families are now advocating against capital punishment. In From Death Into Life, a feature article in the January 8, 2018 print edition of the Jesuit magazine America, Lisa Murtha profiles the stories of how several prominent victim-advocates against the death penalty came to hold those views. And in a recently released compilation of essays, Not in Our Name, nine family members of murder victims share their stories of coping, grieving, and reconciliation in the face of losing a loved one to murder, and tell how their experiences transformed their views about capital punishment. “While each has endured the extreme pain of losing a loved one to murder, they all are staunchly opposed to what they say is more violence in the form of a state-sanctioned execution and a death penalty,” said Ron Steiner, leader of Oregonians for Alternatives to the Death Penalty, which released the essays in November. The death penalty is often characterized as providing justice and closure for family members of the victims. But, Murtha writes, "for many, the death penalty provides neither the closure nor the healing that legal and political systems oftentimes promise. Instead, a growing number of victims’ families are saying it inhibits that healing." Murtha reports on the different reasons offered by five different victims’ families who spoke out against the death penalty in 2016. "One learned how profoundly the murderer had changed in prison, another just wanted the appeals to stop and another discovered that the men originally convicted of the crime were actually innocent," she writes. Murtha also recounts the emotional journeys of Bob Curley, Marietta Jaeger Lane, and Bill Pelke, who are now vocal opponents of the death penalty. After his 10-year-old son Jeffrey was murdered, Curley launched a years-long crusade to reinstate capital punishment in Massachusetts, believing the death penalty might prevent something like this from happening [again].” He came to oppose the death penalty after seeing that the man he believed was less culpable for the death of his son received a harsher sentence and became convinced that "the system is just not fair" and could not be trusted to reach the right result in capital cases. Lane, a lifelong practicing Catholic, said she initially wanted to kill the man who abducted and murdered her 7-year old daughter, but she said, "I surrendered [and] did the only thing I could do, which was [give] God permission to change my heart.” Pelke's 78-year-old grandmother was robbed and murdered by group of teenage girls, and 15-year-old Paula Cooper was sentenced to death. Pelke was convinced his grandmother "would have had love and compassion for Paula Cooper and her family and that she wanted me to have that same sort of love and compassion. I learned the most important lesson of my life .... I didn’t have to see somebody else die in order to bring healing from Nana’s death.”

Conservative Voices Continue to Call for End of Death Penalty

From October 2016 to October 2017, support for capital punishment among those identifying themselves as Republicans fell by ten percetage points. Two op-eds published towards the end of the year illustrate the growing conservative opposition to the death penalty. Writing in The Seattle Times on December 27, Republican State Senator Mark Miloscia (pictured, l.) called for bipartisan efforts to repeal Washington's death-penalty statute. In a December 13 commentary in the Washington Times, conservative political strategist Richard Viguerie (pictured, r.) describes what he calls the "stunning" surge in Republican sponsorship of bills to end capital punishment. Setting forth moral and practical reasons for his support of Washington Senate Bill 5354, Miloscia writes that "[i]t is time to pass a strong, bipartisan repeal of the death penalty." Miloscia cites his Catholic pro-life beliefs as the primary reason for his opposition to capital punishment and highlights Pope Francis' calls for an end to the death penalty. He writes, "Given our modern prison system and ability to neutralize individuals as threats without killing them, it is never imperative to execute someone." But beyond religious beliefs alone, Miloscia sees "many practical reasons why conservatives of all faiths are rethinking the death penalty." Among them, he cites the high cost of capital punishment and the "ever-present risk of killing an innocent person," which he says are "even more unjustifiable" given the absence of any valid evidence that executions affect murder rates. Further, he writes, "many murder victims’ families oppose capital punishment because it’s little more than a long, re-traumatizing process that doesn’t give them the justice that they deserve." Miloscia sees a major shift underway in Republican thinking on the issue, paving a path for bipartisan repeal: "Republicans are turning against the death penalty, which means that opposition to capital punishment is no longer a partisan stance. As the death penalty slowly loses its supporting constituency, the punishment’s future becomes doubtful." Conservative leader Richard Viguerie also sees a dramatic change in how conservatives view the death penalty. Viguerie cites a 2017 report by Conservatives Concerned About the Death Penalty, which found a surge in Republican sponsorship of death-penalty abolition bills that Viguerie says "has been gaining momentum." As part of this "massive shift," he writes, one-third of all sponsors of death-penalty repeal bills in 2016 were Republicans. Viguerie writes, "conservatives are recognizing that capital punishment is a broken government program that runs counter to conservatism’s foundational tenets of valuing life, fiscal responsibility and limited government." He, too, points to religion, and Catholicism in particular, as a reason for conservative opposition, but says that the Tea Party movement—with its support of limited government—and the election of younger legislators who are statistically more likely to oppose the death penalty, has contributed to the change. He foresees a continuing decline in conservative support for the death penalty: "As state legislatures undergo their makeovers, the public turns against the death penalty, and political leaders voice their capital punishment concerns, we should expect to see even more from Republican officials. Republicans will likely continue to sponsor repeal bills with increasing frequency and reverse the flawed criminal justice policies once advocated by their ideological predecessors of the 1980s and 1990s."

STUDY: In Oklahoma, Race and Gender of Victim Significantly Affect Death Penalty

A new study of more than two decades of murders in Oklahoma has found that defendants charged with killing a white woman have odds of being sentenced to death in the Sooner State that are nearly ten times greater than if they had been charged with killing a man who is a racial minority. The study, published in the Fall 2017 issue of the Northwestern University Pritzker School of Law's Journal of Criminal Law and Criminology, examined more than 4,600 Oklahoma homicide cases over a 23-year period between January 1, 1990, and December 31, 2012 in which a suspect had been identified, including 153 cases in which a death sentence had been imposed. The researchers—research scientist Dr. Glenn L. Pierce and professors Michael L. Radelet and Susan Sharp (pictured, left)—found "large disparities in the odds of a death sentence" that they said "correlate with the gender and the race/ethnicity of the victim." Among other findings, the study determined that there was "a strong correlation" between the race of the victim and the probability that the death penalty would be imposed, with cases involving white victims "significantly more likely to end with a death sentence than cases with nonwhite victims." Among all murders, cases with white victims were the most likely to result in death sentences (3.92% of cases), followed by killings of Latino victims (2.67%), black victims (1.87%), and Native-American victims (1.26%). Overall, white-victim cases were more than twice as likely as cases involving black victims or non-white victims as a whole to end in a death verdict and more than three times as likely to result in a death sentence as cases with Native-American victims. The study also found significant victim-gender disparities, with murders involving at least one female victim more likely to result in a death sentence than other cases. The combination of race and gender produced even more profound disparities in death-sentencing rates. The odds that a death sentence would be imposed were nearly 10 times greater (9.59 times) in cases with white female victims than in cases with minority male victims; 8.68 times greater in cases with minority female victims than in cases with minority male victims; and more than triple (3.22 times greater) in cases with white male victims than in cases with minority male victims. While the study found that the defendant’s race by itself did not correlate with a death sentence, the probability of a death sentence for a nonwhite defendant charged with killing a white victim (5.8%) was more than triple the probability of a death sentence for a white defendant charged with killing a non-white victim (1.8%). After spending more than a year studying Oklahoma's capital punishment practices—including a draft version of the researchers' study—the bipartisan Oklahoma Death Penalty Review Commission issued a report unanimously recommending that Oklahoma continue its moratorium on executions "until significant reforms are accomplished." Two African-American death-row prisoners, Julius Darius Jones and Tremane Wood, have argued based upon that draft of the study, that Oklahoma's death penalty unconstitutionally discriminates on the basis of race.

Sheriff Admits Improper "Activity" in Orange County, California Snitch Scandal

Orange County, California Sheriff Sandra Hutchens appeared before Superior Court Judge Thomas M. Goethals (pictured) on July 5 to explain her department's 4-1/2-year failure to comply with court orders directing the department to produce documents related to a multi-decade practice in the county of misusing prison informants to illegally obtain incriminating statements from accused defendants. In May 2015, Judge Goethals barred the entire Orange County District Attorney's office from participating in the sentencing of Scott Dekraai—who has pleaded guilty to eight killings in a Seal Beach salon in 2011—for withholding evidence about the informant program and lying about its existence. Hutchens—who was appointed sheriff in 2008 following the conviction of the prior sheriff on corruption charges—denied that her office had systemically housed informants with targeted defendants, calling the description of the office's practice “a matter of semantics." “There is no program, per se,” she said. “There is activity.” Deflecting responsibility for the illegal questioning of defendants by informants and the destruction of logs describing the informant program, Hutchens said “There may have been a few deputies who took their duties to different levels than were authorized.” She explained her department's failure to turn over documents whose production had been ordered by the court by saying of her subordinates, “They possibly did not look hard enough.” Hutchens testimony came a week after Sheriff's Deputy Jonathan Larson testified that officers in the Sheriff's Department's Special Handling Unit had been tasked with developing snitches and intentionally placing them near pretrial prisoners to obtain confessions. Larson said he had "assumed" the practice was allowable because it was "approved by our sergeants and lieutenants." Larson also testified that he was certain he had made entries in the Special Handling Unit's log during a four-month period in 2011 that is now missing from the record. Lieutenant Mike McHenry had previously testified that perhaps all of the deputies in the unit simply forgot to make entries during that period. Orange County was one of the 6 most prolific producers of death sentences in the U.S. from 2010 to 2015, a period included in Judge Goethals' investigation into misconduct by the Sheriff's Office and the District Attorney's Office. The sentencing of Dekraai, which brought the informant scandal to light, is now being handled by the California Attorney General's Office, which intends to continue pursuing the death penalty. Bethany Webb, whose sister, Laura Webb-Elody, was allegedly killed by Dekraai, wrote an op-ed for The Los Angeles Times opposing the death penalty in the case. "Over and over again, the authorities have tried to bring families closure through the death penalty, but have succeeded only in keeping old wounds open," she wrote. "Through these painful years, it’s become clear that personal and political ambition have so corrupted the death penalty process that it does not serve us, nor does it serve the interests of justice."

South Carolina Killer Pleads Guilty to 7 Murders in Deal to Avoid Death Penalty

Todd Kohlhepp (pictured) pleaded guilty to seven South Carolina murders on May 26, 2017 and was sentenced to seven consecutive life sentences, plus 60 additional years for the kidnapping and sexual assault of surviving victim Kala Brown. Kohlhepp made a deal with prosecutors to avoid the death penalty, providing information that solved four murders at a motorcycle store in 2003 and sparing Brown and the families of the murder victims from enduring a lengthy trial and appeals process. Seventh Judicial Circuit Solicitor Barry Barnette said "This was a death penalty case. No doubt about it. But it is not fair for families to wait years and years for justice." South Carolina has not had an execution since 2011 and has imposed only one new death sentence in that period. Brown, who Kohlhepp kept chained in a storage container and raped daily for more than two months, told prosecutors she supported the deal, reportedly saying, "he's the killer, not me." Joanne Shiflet, the mother of murder victim Charles David Carver, said she appreciated the certainty of Kohlhepp's sentence: "I am a lot calmer now. There is no apprehension. There is no what if. We know he is going away and going to stay gone." Other multiple killers have also received plea deals to avoid death sentences: In 2003, "Green River" serial killer Gary Ridgway avoided the death penalty in Washington State by pleading guilty to 48 counts of aggravated murder and providing information that solved 48 killings and helped authorities recover the remains of numerous victims who had been missing for nearly two decades. Roland Dominique, who pleaded guilty to eight murders in Louisiana and was a suspect in 15 more, received a life sentence at the request of victims' families in 2008.

30 Years After Murder, 14 Years After Supreme Court Ruling, Pennsylvania Drops Death Penalty At Request of Victim's Family

Thirty years after the crime that sent him to Pennsylvania's death row and 15 years after his case was argued in the U.S. Supreme Court, David Sattazahn was resentenced to life without parole—the sentence he initially received in his first trial in 1991. Prosecutors, defense attorneys, and the victim's family all agreed that a life sentence was the best outcome at this point in the case. Sattazahn was convicted of first-degree murder and the court sentenced him to life in prison in 1991 when his Berks County sentencing jury split 9-3 in favor of a life sentence. After his life sentence, Sattazahn pled guilty to several unrelated felony charges. His murder conviction was then overturned as a result of prejudicially inaccurate jury instructions, and in his retrial, prosecutors again sought the death penalty, using his guilty pleas as a new aggravating circumstance. In 1999, he was retried and sentenced to death, becoming the first death-after-life-sentenced defendant under Pennsylvania's death penalty statute. His appeal in that trial reached the U.S. Supreme Court (argument, pictured), which ruled 5-4 in 2003 that the non-unanimous jury vote in his case did not constitute a finding rejecting the death penalty, even though it had resulted in a life sentence. As a consequence, the Court wrote, subjecting Sattazahn to a second capital prosecution did not violate the Double Jeopardy clause of the U.S. Constitution. Sattazahn's 1999 death sentence was overturned in 2006 because of ineffective assistance of counsel. Faced with the possibility of a third sentencing hearing and additional appeals, the family of murder victim Richard Boyer, Sr. agreed that dropping the death penalty in favor of life without parole would help bring them closure. “Every time we try to get on with our lives, we're back in court, reliving that night again and again. There has to be an end to this madness,” said Barbara Spatz, Boyer's sister. Senior Deputy Attorney General Anthony Forray said his office consulted with Boyer's four children and four siblings before deciding to drop the death penalty. “No family should have to go through this,” Forray said. “The commonwealth believes that what is occurring today is the appropriate thing to occur if this family is ever going to have closure and if this is ever going to come to an end.” At a May 24, 2017 hearing in Reading, Pennsylvania, the Berks County Court of Common Pleas formally resentenced Sattazahn to life.

Texas Court Stays Execution of Paul Storey Based on False Argument About Wishes of Victim's Family

The Texas Court of Criminal Appeals has issued an order staying the scheduled April 12 execution of Paul Storey. The unpublished April 7 order sends Storey's case back to the trial court to consider whether the prosecution knowingly presented false evidence about the victim's family's views on the death penalty. Storey had been scheduled to be executed on April 12. His lawyers argued that "the State denied him his right to due process because it argued "evidence it knew to be false" when prosecutors told jurors that the family of victim Jonas Cherry supported a death sentence for Storey. During the penalty phase of Storey's trial, the prosecution argued that "[i]t should go without saying that all of Jonas [Cherry’s] family and everyone who loved him believe the death penalty was appropriate." However, Cherry's parents (pictured) say they always opposed the death penalty and had made their beliefs known to the prosecution at the time of Storey's trial. They recently released a video and statement in support of clemency, saying "Paul Storey’s execution will not bring our son back, will not atone for the loss of our son and will not bring comfort or closure." Storey presented his claim as part of a second state post-conviction challenge to his death penalty. He faces the procedural hurdle of establishing that the evidence supporting this claim could not have been discovered "with the exercise of reasonable diligence" at the time he filed his initial post-conviction petition. The stay continues a recent pattern of decisions by the Texas court permitting judicial review of claims that death sentences had been procured as a result of false or unreliable prosecutorial evidence or argument. In August 2015, the Court stayed Nicaraguan national Bernardo Tercero's execution based on allegations that he had been "denied due process because the State presented false testimony at his trial." In May 2016, the court stayed the execution of Charles Flores to permit him to challenge the use of scientifically unreliable hypnotically refreshed testimony. One month later, it stayed the execution of Robert Roberson to permit him to challenge the State's use of "false, misleading, and scientifically invalid testimony” about Shaken Baby Syndrome. And in August 2016, the Court stayed the execution of Jeffery Wood to permit him to litigate a claim that prosecutors had presented false scientific evidence and false testimony from a discredited psychiatrist to persuade the jury that Wood would pose a future danger to society.

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