Wyoming

Wyoming

Death-Penalty Repeal Efforts Across U.S. Spurred by Growing Conservative Support

Bills to repeal and replace the death penalty with non-capital punishments have gained new traction across the United States in 2019 as a result of opposition to the death penalty among ideologically conservative legislators. That movement – buoyed by fiscal and pro-life conservatives, conservative law-reform advocates, and the deepening involvement of the Catholic Church in death-penalty abolition – has led to unprecedented successes in numerous houses of state legislatures and moved repeal efforts closer to fruition in a number of deeply Republican states. In 2019, conservative legislators are leading the call for death-penalty abolition in conservative-leaning states such as Wyoming, Montana, and Kentucky, and playing a critical role in bipartisan efforts to repeal or reform capital punishment in Virginia and New Hampshire.

The surprise strength of a death-penalty repeal bill in Wyoming is emblematic of the growing Republican abolition movement. There, in an overwhelmingly Republican legislature, a bill to replace the death penalty with life without parole garnered significant support from both parties and passed the state house and a senate committee before falling short in the full senate. In Kentucky and Montana, Republican legislators have introduced abolition legislation and are attempting to build coalition support, and in Virginia, the Republican-controlled state Senate passed a bill to ban the death penalty for people with severe mental illness. Conservatives have said they oppose capital punishment because of pro-life beliefs, a desire to reduce government spending, and the lack of deterrent effect. In New Hampshire, a bill to abolish the death penalty passed the legislature with bipartisan support, but was vetoed in 2018. The legislature has renewed bipartisan repeal efforts in 2019.

The Wyoming House of Representatives voted (36-21) on February 1 to pass HB 145, a bill to abolish the death penalty. The bill garnered the support of a majority of House Republicans, all the house Democrats who voted, and the chamber’s lone Independent. It then unanimously passed the Republican-controlled Senate Judiciary Committee on February 13, before being defeated in the full Senate by a vote of 12-18. In the Senate, nine Republicans and all three Democrats voted in favor of abolition. The bill was introduced by Republican Rep. Jared Olsen of Cheyenne with Republican and Democratic co-sponsors in both houses. Senate co-sponsor Brian Boner (R – Converse) said, “We have an obligation to have a justice system that is blind and based on facts, and not based on what we wished it was or what it used to be.” Olsen said he was concerned about the number of exonerations from death row. “It is way too much authority to vest in our government, and we get it wrong,” he said. Concerns about costs convinced Sen. Bill Landen (R – Casper) to vote for abolition. "I finally decided that I can't go home and feel good about explaining to people all of those myriad of cuts we've made to the state budget and then defend expenditures like this, which have gone on for years and years and years," he said. Wyoming spends an estimated $750,000 per year on legal costs associated with the death penalty, but has not executed anyone since 1992 nor imposed a death sentence since 2004.

Kentucky House Majority Whip Chad McCoy (R – Nelson) said he hopes to get support for his abolition bill from Catholic legislators who have a moral opposition to the death penalty, as well as fiscal conservatives who see it as a costly, ineffective government program. “When you talk about death penalty, a lot of people immediately want to have a criminal justice angle on it or a morality angle. And mine is purely economics,” he said. Kentucky also rarely uses the death penalty. Its last execution was in 2008 and its last death sentence was in 2014. State Representative Mike Hopkins, R-Missoula, the sponsor of Montana’s bill to replace the death penalty with life in prison without the possibility of parole, told a House committee on February 18 that the state’s death penalty was simply ineffective. The two people sentenced to death in the state have been on death row for thirty years, he said, and “there is no logical measurement that 30 years equals a death sentence. … Regardless of how you feel because of capital punishment, nobody is dying from it.”

Bill to Abolish Wyoming’s Death Penalty Introduced with Bipartisan Support

A bipartisan coalition of Wyoming legislators has introduced a bill to abolish the state’s death penalty. On January 15, 2019, Cheyenne Republican State Representative Jared Olsen (pictured, left) and Republican State Senator Brian Boner (pictured, right), introduced HB145, which would repeal the death penalty and replace it with a judicially imposed sentence of life without parole or life imprisonment. The bill, co-sponsored by sixteen other representatives and senators, has the backing of several legislative leaders, including Speaker of the House Steve Harshman, R-Casper, and Senate Minority Leader Chris Rothfuss, D-Laramie. “You’ve got social conservatives and libertarians and that’s a little more of a mix than we’ve had before,” Olsen said. “And then if you look at the heavy hitters on the bill, we’ve got three-quarters of the House leadership on the bill.”

A coalition of outside organizations that includes he League of Women Voters of Wyoming, the Catholic Diocese of Cheyenne, and the ACLU of Wyoming also are supporting the repeal effort. The groups released a statement on January 16 calling the death penalty “a costly and unfair practice that does not enhance public safety or promote justice in Wyoming.” The breadth of the support distinguishes this year’s effort to abolish capital punishment from prior efforts over the past five years, according to Rep. Olsen. “The momentum and desire behind all those groups is just flourishing right now,” he said. “They’re coming to me every day, working different legislators and reporting back to me on what they’re doing. I think there’s a lot of outreach in the community as well. There’s a lot of momentum.”

Proponents of the bill say that Wyoming’s death penalty is impractical and costs too much. The state has only carried out one execution since 1976, and does not currently have any prisoners facing an active death sentence. (The death sentence imposed on Dale Wayne Eaton, who had been the state’s only death-row prisoner, was overturned in 2014, and federal appeals relating to that grant of relief are still pending.) Despite the rarity of the death penalty in Wyoming, the fiscal note that accompanies the abolition bill estimates it would cost the state $750,000 to maintain capital punishment in 2020. “We continue to spend hundreds of thousands of dollars every year to maintain the death penalty,” Sen. Boner said. “I believe the availability of a life without parole sentence adequately balances the need to protect public safety while recognizing the need to reduce the strain on taxpayer resources.”

The Casper Star-Tribune editorialized in 2013 that life without parole was a better option than the death penalty for many family members of murder victims. The current abolition efforts have also gained the editorial support of the Powell Tribune, which wrote on January 22 that “[i]t seems that, for all practical purposes, the death penalty has already been abolished in Wyoming.” Noting that “like anything else that involves people, [the Wyoming legal system] will sometimes get it wrong,” the paper said that when someone is wrongfully executed, “that mistake is irreversible. And it’s a risk that’s not worth taking.”

Prosecutor Says Change Needed if Wyoming Wants to Keep the Death Penalty

Natrona County, Wyoming District Attorney Mike Blonigen (pictured) recently called for a reconsideration of the state's death penalty after a federal judge overturned the death sentence of Dale Wayne Eaton, a decade after Blonigen obtained it in 2004. At the time U.S. District Judge Alan B. Johnson reversed Eaton's sentence in 2014, Eaton was the only person on Wyoming's death row. Judge Johnson ruled that Eaton had received ineffective representation, in part because of inadequate funding of the Wyoming Public Defender's Office. Wyoming Gov. Matt Mead requested that the state legislature appropriate $1 million over the next two years to pay for Eaton's defense and another $25,000 to study whether the state is adequately funding prosecutors and public defenders. However, Johnson subsequently barred Wyoming from conducting a new death penalty hearing when the state failed to timely appoint new lawyers for Eaton who were not affiliated with the public defender's office. Blonigen said the state legislature needs to take a serious look at the issue of capital punishment: "You've got to have the resources and have the commitment to it to carry through with it," he said. "I think the Legislature has to decide do we really want this or not. If we really want it, then we have to change some things." Wyoming has not carried out an execution since 1992, and has not sentenced anyone to death since Eaton was sentenced in 2004.

EDITORIALS: Wyoming Paper Recommends Life Sentences for Sake of Victims

Wyoming's Casper Star-Tribune recently pointed out why many families of murder victims favor life-without-parole sentences over the death penalty . "[I]t may be a surprise that many families of murder victims prefer the life without parole sentence, simply because it puts the killer away forever without the decades-long court appeals that can accompany a death sentence," the paper wrote. The editorial noted that there is only one person on the state's death row, and he is there for a crime committed 25 years ago. Attention to the case often focuses on the defendant rather than the victim. Read the editorial below.

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

Jurisdictions with no recent executions

Although the United States is considered a death penalty country, executions are rare or non-existent in most of the nation: the majority of states—31 out of 50—have either abolished the death penalty or have not carried out an execution in at least 10 years. An additional 6 states have not had an execution in at least 5 years, for a total of 37 states with no executions in that time. Three additional jurisdictions (the District of Columbia, the Federal Government, and the Military) have not had an execution in at least 10 years.

New Hampshire Senate, Wyoming House Pass Bills to Ban Juvenile Death Penalty

Less than a month after the U.S. Supreme Court announced that it will reconsider the constitutionality of the death penalty for juvenile offenders, two state legislative bodies have passed measures to ban the practice. The New Hampshire Senate passed its bill to ban the execution of those who were under the age of 18 at the time of their offense on February 19, 2004. The measure now moves to the House, where a committee hearing and vote are expected in the coming weeks. The Wyoming House also passed a measure to ban the execution of juvenile offenders.

Legislative Activity - Wyoming