Washington

Washington

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.

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."

EDITORIALS: Seattle Times Urges End to Washington's "Zombie" Death Penalty

"The death penalty in Washington is like a zombie, not alive or dead, yet continuing to eat its way through precious resources in the criminal-justice system," The Seattle Times editorial board declared on May 21, urging the state legislature to end capital punishment. Washington currently has a moratorium on executions, imposed by Governor Jay Inslee in 2014, leading the Times to declare the practice "effectively dead." But because death sentences can still be imposed, and appeals continue for the eight men on death row, capital punishment is "still alive on the books." The editorial says this "limbo...gives no peace to victims’ families." It also leaves prosecutors to decide whether to continue seeking the death penalty, which they have done less often in recent years, "perhaps influenced by the legal uncertainty, the apparent reluctance of some juries and the extra $1 million or more that a death-penalty sentence adds to a murder case." The editorial calls the death penalty, "overly expensive, ineffective and immoral," joining current and former Attorneys General in asking the legislature to take up a repeal bill. The chair of the Senate Judiciary Committee has agreed to hold a hearing on an abolition bill if the House takes action first. Attorney General Bob Ferguson believes a House vote may uncover hidden support for repeal: “You don’t know that reaction if you don’t take a vote,” he said. The Seattle Times agrees: "The public wants bold leadership on important issues. A path to repeal is through the Legislature, either this year or next — if they have the courage to act."

EDITORIALS: New York Times Hails Prosecutors' Changing Views on Death Penalty

In a February 6 editorial, The New York TImes hails the reform efforts of the "new generation" of state and local prosecutors who are working to change the United States' criminal justice system, and especially the use of the death penalty. The Times highlights the comments of two newly elected local prosecutors, Beth McCann, the new prosecutor in Denver, Colorado, and Kim Ogg, the new district attorney in Harris County, Texas. McCann has said her office will not seek the death penalty because she does not think "that the state should be in the business of killing people." Ogg has pledged that there will be “very few death penalty prosecutions" during her tenure as district attorney. The Times also notes the leadership of state elected officials, pointing to Washington state, where current Democratic Attorney General, Bob Ferguson, and his Republican predecessor, Rob McKenna, are jointly supporting a death penalty repeal bill. "Prosecutors aren’t just seeking fewer death sentences; they’re openly turning against the practice, even in places where it has traditionally been favored," the editorial states, citing the historically low number of death sentences in 2016. Emphasizing the influence of these state and local officials, it calls the role of prosecutor, "one of the most powerful yet least understood jobs in the justice system." Their role is especially critical as national leaders present a "distorted ... reality of crime in America" in support of a "law and order" agenda, the Times says. "In these circumstances, the best chance for continued reform lies with state and local prosecutors who are open to rethinking how they do their enormously influential jobs."

With Bipartisan Sponsors, Washington Attorney General, Governor Propose Bill to Abolish State's Death Penalty

With the support of a bipartisan group of state officials and legislators, Washington Attorney General Bob Ferguson (pictured) and Governor Jay Inslee have proposed legislation to repeal the state's death penalty and replace it with a sentence of life without parole. At a news conference announcing the bill, Ferguson, a Democrat, was joined by former Attorney General Rob McKenna, a Republican, in calling for abolition. The bill will be sponsored by Republican Senator Mark Miloscia and Democratic Representative Tina Orwall. “Legislatures are acting on this important issue with up-and-down votes,” Ferguson said during the news conference. “And it’s time for Washington, the state Legislature here, to take that vote.” The state's death penalty, he said, "isn’t working anymore. It is time to move on.” Governor Inslee said the evidence about the death penalty "is absolutely clear. ... Death-penalty sentences are unequally applied in the state of Washington, they are frequently overturned and they are always costly.” Inslee, who imposed a moratorium on executions in 2014 and issued a reprieve to Clark Richard Elmore on December 29, 2016, said, “I could not in good conscience allow executions to continue under my watch as governor under these conditions.” Washington juries have imposed few death sentence in recent years, and two high-profile murder cases ended in life sentences. In response, the Washington Association of Prosecuting Attorneys called for a voter referendum on the issue. A 2015 Seattle University study examining the costs of the death penalty in the state found that each death penalty prosecution cost an average of $1 million more than a similar case in which the death penalty was not sought. Despite bipartisan support, the future of the abolition bill is uncertain. A 2015 repeal bill, also sponsored by Miloscia, never received a committee hearing.

Washington Governor Issues Reprieve, Calls for Abolition of Death Penalty

Citing "serious concerns about the use of capital punishment in the state of Washington," Governor Jay Inslee (pictured) granted a reprieve to Clark Richard Elmore, whom the state's Department of Corrections had scheduled for execution on January 19, 2017, and urged the state legislature to abolish capital punishment in the state. The December 29, 2016 warrant of reprieve was the first reprieve order issued under a moratorium on executions that the governor announced in 2014. The warrant prevents Washington from executing Elmore unless and until the reprieve is lifted by Inslee or a future governor, but it does not reduce Elmore's sentence. The Governor's office said Inslee spoke with the victim’s family, "who expressed a preference to see Elmore serve life in prison," before issuing the reprieve. The warrant of reprieve reiterates several of the concerns about the death penalty that led Gov. Inslee to impose the moratorium in the first place, including "[u]nequal application across the state, lack of clear deterrent value, high frequency of sentence reversal on appeal, and rising costs." It states:  "The State's two most important responsibilities in addressing criminal justice issues are to protect the public and to ensure equal justice under the law, and I do not believe the use of capital punishment effectively satisfies these responsibilities." In a separate statement to the media, the governor's office said the state's moratorium on executions was based on systemic concerns and "isn’t about individual cases." Because of those concerns, the statement said, "[t]he governor urges the state legislature to end the death penalty once and for all." Nine men are currently on death row in Washington, and the state's last execution was in 2010.

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. 

After Prior Jury's Life Verdict, Washington Prosecutors Drop Death Penalty in "One of the Worst Crimes We've Ever Had"

King County (Washington) Prosecutor Dan Satterberg (pictured) announced that his office will no longer seek the death penalty against Michele Anderson after a jury returned a life sentence for her co-defendant, Joseph McEnroe. McEnroe and Anderson were charged with killing six members of Anderson's family in 2007 in what Satterberg called "one of the worse crimes we've ever had in King County." Satterberg explained his decision in a news conference on July 29, saying, "To proceed with the death penalty against defendant Anderson, in light of the sentence imposed [on] defendant McEnroe, would not be in the interest of justice." Pam Mantle, the mother of one of the victims, said she was relieved by the decision. “It’s been devastating for all of our friends and family,” said Mantle. “We’re all just worn out from the whole thing. It’s almost eight years.“ Less than one week ago, on July 23, after a highly publicized six-month trial, a King County jury sentenced a mentally ill defendant, Christopher Monfort, to a life sentence in the killing of a Seattle police officer. Anderson has spent time in a state mental institution during her pretrial incarceration, portending extensive presentation of mental health evidence if the death penalty was pursued in her case. Seeking the death penalty against Anderson, McEnroe, and Monfort has cost King County taxpayers more than $15 million in defense costs alone. A recent Seattle University study found that cases where the death penalty is sought cost an additional $1 million, on average, compared to non-death penalty cases.

Pages