Oregon

Oregon

2018 Midterm Elections: Governors in Moratorium States Re-Elected, Controversial California D.A. Ousted

The results of the November 6, 2018 mid-term elections reflected America's deeply divided views on capital punishment, as voters elected governors who pledged not to resume executions in the three states with death-penalty moratoriums, defeated an incumbent who tried to bring back capital punishment in a non-death-penalty state (click on graphic to enlarge), and re-elected governors who had vetoed legislation abolishing capital punishment in two other states. Continuing a national trend, voters in Orange County, California ousted their scandal-plagued top prosecutor, marking the ninth time since 2015 that local voters have replaced prosecutors in jurisdictions with the nation's largest county death rows.

In the three states with Governor-imposed death-penalty moratoriums, candidates who said they would continue execution bans or work to eliminate the state’s death penalty won easily. Tom Wolf, the Democratic governor of Pennsylvania who imposed the state’s moratorium on executions in 2015, was re-elected by with 57.6% of the vote. His challenger, Scott Wagner, who had promised to resume executions and had advocated a mandatory death penalty for school shootings, trailed badly with 40.8% of the vote. Oregon's incumbent Democratic governor Kate Brown, who continued the state’s death-penalty moratorium instituted in 2011 by then-governor John Kitzhaber, won re-election in a six candidate field with 49.4% of the vote, five percentage points higher than her Republican challenger Knute Buehler. In Colorado, Democratic congressman Jared Polis, who campaigned on the repeal of the state’s death penalty, won the governorship with 51.6% of the vote, outpacing Republican state treasurer Walker Stapleton, who received 44.7% of the vote. Democrats also took control of both houses of the Colorado legislature, increasing the likelihood that legislation to abolish the death penalty will be considered in the upcoming legislative session. Illinois Republican Governor Bruce Rauner suffered an overwhelming election defeat at the hands of venture-capitalist J.B. Pritzker. Trailing badly in the polls, Rauner tried in May 2018 to condition passage of gun control legislation on reinstatement of the state’s death penalty. Pritzker outpolled Rauner by 54.0% to 39.3%.

On the other hand, two governors who prevented death-penalty repeal bills from going into effect in their states also won re-election. Nebraska's Republican Governor Pete Ricketts, who vetoed a bipartisan bill to abolish the state's death penalty in 2015 and then, after the legislature overrode his veto, personally bankrolled a successful state-wide referendum in 2016 to block the repeal, cruised to re-election with 59.4% of the vote. New Hampshire Republican Governor Chris Sununu, who vetoed the state’s death-penalty repeal bill in March 2018, won re-election with 52.4% of the vote. In Florida, Republican Ron DeSantis won the governorship against Democratic candidate Andrew Gillum, who had pledged, if elected, to suspend executions in Florida until he was sure the death-penalty system was nondiscriminatorily applied.

Local voters in Orange County replaced District Attorney Tony Rackauckas with a political rival, county supervisor Todd Spitzer. Rackauckas has been embroiled in a scandal involving the secret use of prison informants to obtain or manufacture confessions from suspects and then stonewalling investigation of the multi-decade illegal practice.  As of January 2013, Orange County had the seventh largest death row of any county in the U.S., and since then, it has imposed the fourth most death sentences of any county. 

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.”

REPORT: Two-Thirds of Oregon's Death Row Have Mental Impairments, History of Severe Trauma, or Were Under 21 at Offense

Most of the prisoners on Oregon's death row suffer from significant mental impairments, according a study released on December 20, 2016 by the Fair Punishment Project at Harvard University. The Project's analysis of case records, media reports, and opinions of Oregon legal experts found that two-thirds of the 35 people on the state's death row "possess signs of serious mental illness or intellectual impairment, endured devastatingly severe childhood trauma, or were not old enough to legally purchase alcohol at the time the offense occurred." The report argues that these characteristics make the prisoners less culpable than the average offender. "[T]he U.S. Supreme Court has held that regardless of the severity of the crime, imposition of the death penalty upon a juvenile or an intellectually disabled person, both classes of individuals who suffer from impaired mental and emotional capacity relative to typically developed adults, would be so disproportionate as to violate his or her 'inherent dignity as a human being,'" the report says, drawing parallels between those classes and the prisoners included in the report. The study found that 9 of the 35 death row prisoners (26%) "presented evidence of significantly impaired cognitive functioning as evidenced by low IQ scores, frontal lobe damage, and fetal alcohol syndrome"; approximately one in four exhibited symptoms of mental illness, or had a confirmed mental health diagnosis; one-third suffered some form of severe childhood or emotional trauma of the sort known to affect brain development; and six (17%) were under the age of 21 at the time of the offense. In one case, an Oregon death row prisoner was granted a hearing to determine whether he is intellectually disabled after evidence showed he has a psychotic disorder, partial fetal alcohol syndrome, visible brain defects in his corpus callosum, a low IQ, and deficits in adaptive behavior that left him functioning at the level of a seven-and-a-half-year old child. His co-defendant, a childhood friend who admitted that he had exerted pressure on the first defendant to participate in the crime, was given a life sentence. The report concludes, "These findings raise a legitimate question as to whether Oregon’s capital punishment scheme is capable of limiting application of the death penalty to the most culpable offenders." Oregon currently has a moratorium on executions, and has executed just two people in 40 years.

New Study Finds Oregon Death Sentences Are Significantly More Costly Than Life Sentences

A new study by Lewis & Clark Law School and Seattle University that examined the costs of hundreds of aggravated murder and murder cases in Oregon has concluded that "maintaining the death penalty incurs a significant financial burden on Oregon taxpayers." The researchers found that the average trial and incarceration costs of an Oregon murder case that results in a death penalty are almost double those in a murder case that results in a sentence of life imprisonment or a term of years. Excluding state prison costs, the study found, cases that result in death sentences may be three to four times more expensive. The study found that 61 death sentences handed down in Oregon cost taxpayers an average of $2.3 million, including incarceration costs, while a comparison group of 313 aggravated murder cases cost an average of $1.4 million. Excluding state prison costs, the difference was even more stark: $1.1 million for death sentences vs. $315,159 for other cases. The study also found that death penalty costs were escalating over time, from $274,209 in the 1980s to $1,783,148 in the 2000s. (See chart. All costs are in 2016 dollars.) The study examined cost data from local jails, the Oregon Department of Corrections, the Office of Public Defense Services, and the Department of Justice, which provided information on appeals costs. Prosecution costs were not included because district attorney's office budgets were not broken down by time spent on each case. Among the reasons cited for the higher cost in death penalty cases were the requirement for appointment of death-qualified defense lawyers, more pre- and post-trial filings by both prosecutors and the defense, lengthier and more complicated jury selection practices, the two-phase death penalty trial, and more extensive appeals once a death sentence had been imposed. Professor Aliza Kaplan, one of the authors of the study, said, "The decision makers, those involved in the criminal justice system, everyone, deserves to know how much we are currently spending on the death penalty, so that when stakeholders, citizens and policy-makers make these decisions, they have as much information as possible to decide what is best for Oregon." Oregon has carried out just two executions since the death penalty was reinstated, both of inmates who waived their appeals. The state currently has a moratorium on executions.

Voters Oust Prosecutors in Outlier Death Penalty Counties, Retain Governors Who Halted Executions

Prosecutors in three counties known for their outlier practices on the death penalty were defeated by challengers running on reform platforms, while voters in Oregon and Washington re-elected governors who acted to halt executions. In Hillsborough County, Florida, Democrat Andrew Warren defeated Republican incumbent Mark Ober (pictured, l.). Warren pledged to seek the death penalty less often and establish a unit to uncover wrongful convictions. In Harris County, Texas, incumbent Devon Anderson (pictured, r.) was defeated by Democratic challenger Kim Ogg. Ogg ran on a platform of broad criminal justice reform and had received support from the Black Lives Matter movement. Harris County leads the nation in executions and is second only to Los Angeles in the number of people on its death row. Ogg had said that the death penalty had created "a terrible image for our city and our county" and pledged that, "[u]nder an Ogg admninistration, you will see very few death penalty prosecutions." Brandon Falls, District Attorney of Jefferson County, Alabama, lost his seat to Charles Todd Henderson, who does not support the death penalty and said he plans to “bring about real criminal justice reform.” Hillsborough, Harris, and Jefferson all rank among the 2% of U.S. counties responsible for a majority of death row inmates in the U.S., and were among the 16 most prolific death sentencing counties in the U.S. between 2010-2015. “People are scrutinizing their local criminal justice systems, and people are realizing how much power state attorneys have, and they are seeing elections as a way to change those results,” Deborrah Brodsky, director of the Project on Accountable Justice at Florida State University, said. In gubernatorial elections, voters re-elected governors who had halted executions in their states. Washington voters re-elected Governor Jay Inslee, who imposed a death penalty moratorium, and Oregon voters gave a full term to Governor Kate Brown, who had extended her predecessor's moratorium and pledged to keep the moratorium in effect if elected. In North Carolina, voters defeated incumbent Governor Pat McCrory, who had supported efforts to repeal the state's Racial Justice Act. 

NEW VOICES: Effects of the Death Penalty on Those Who Carry It Out

Four retired death-row prison officials - two wardens, a chaplain, and an execution supervisor - recently described the effect that carrying out executions has had on them. Frank Thompson (pictured), who served as a warden in Oregon and Arkansas, said he believed in capital punishment until he thought "about those flaws in the back of my mind that I knew existed with capital punishment. It’s being administered against the poor; it lacks proof that it deters anything." He trained his staff to carry out executions, but, "I realized that I was training decent men and women how to take the life of a human being. In the name of a public policy that after all these years couldn’t be shown to increase the net of public safety." Terry Collins spent over 32 years working in corrections, including time as the director of the Ohio Department of Rehabilitation and Correction. He said seeing exonerations gave him concerns about the death penalty: "[T]the system does make mistakes. I don’t think you can make a mistake when you’re talking about somebody’s life." Jerry Givens, who oversaw 62 executions in Virginia, raised similar concerns, "I knew the system was corrupted when we exonerated Earl Washington Jr. from death row...You have two types of people on death row. The guilty and the innocent. And when when you have the guilty and the innocent, you shouldn’t have death row." Rev. Carroll Pickett was a chaplain on Texas's death row for 15 years and during 95 executions. He commented, "Standing by the gurney almost 100 times, and watching innocent men killed, watching repentant men killed, and seeing the pain among families and men and my employee friends, cannot leave my memories."

NEW VOICES: Another Oregon Chief Justice Questions the Death Penalty

Three former Chief Justices of the Oregon Supreme Court have recently called for an end to the death penalty in their state. Retired Chief Justice Wallace P. Carson, Jr. (l.), was the most recent Justice to call for a change: "In my opinion, the exceptional cost of death penalty cases and the seemingly haphazard selection of which cases deserve the death penalty outweigh any perceived public benefit of this sanction," Carson said. "The fairly recent addition of a 'true life' (no parole) penalty should reasonably substitute for any deterrence value that some may claim that the death penalty provides. It is time for a change." In 2013, former Chief Justice Paul J. DeMuniz, said, "The death penalty is getting a 'pass' from legislative scrutiny, when looking for ways to trim Oregon’s budget to fund starving schools and public safety. We currently have fewer state police today than we did in 1960." Retired Chief Justice Edwin J. Petersen also spoke out against the death penalty in 2013, saying "Under our system, fairness is difficult to achieve. Mistakes are made. The  system sets up the possibility of a fatal mistake--killing an innocent person."

NEW VOICES: Former Oregon Chief Justice Recommends Repeal of Death Penalty

Edwin J. Peterson, who served as the Chief Justice of Oregon's Supreme Court for many years, recently recommended ending the state's death penalty. Judge Peterson voted as a citizen to reinstate the death penalty in Oregon in 1978 and in 1984, but he now believes the capital punishment system is broken: "We have an inefficient, ineffective, dysfunctional system," he said. "There is widespread dissatisfaction.... Our system has failed. Recognize it and repeal Oregon’s death penalty." He noted that taxpayers are supporting a system that yields no results: "There is little reason to believe that any defendant now on Oregon’s Death Row will ever be executed. [Yet] we taxpayers pay nearly all of the expenses of prosecuting and defending death-penalty cases." Read the full op-ed below.

Pages