Colorado Governor Jared Polis (pic­tured) has said he will strong­ly con­sid­er” com­mut­ing the death sen­tences of the three men on the state’s death row if the state abol­ish­es the death penal­ty. In a February 7, 2019 inter­view on Colorado Public Radio, Polis told Colorado Matters host Ryan Warner, if the leg­is­la­ture sends us a bill to elim­i­nate the death penal­ty in Colorado, I would sign that bill … [and] I would cer­tain­ly take that as a strong indi­ca­tion that those who are cur­rent­ly on death row should have their sen­tences com­mut­ed to life in prison.” Polis, who voiced his oppo­si­tion to the death penal­ty dur­ing his 2018 cam­paign for gov­er­nor, reit­er­at­ed his views dur­ing the Colorado Matters inter­view. I think it’s not cost effec­tive, I think it’s not an effec­tive deter­rent,” he said. If the State Republicans and Democrats were to say, and I were to sign a bill that said we no longer have the death penal­ty in Colorado, whether it’s for­mal­ly in the bill or not,” the Governor said, then I would strong­ly con­sid­er mak­ing sure that penal­ty that is no longer on the books in Colorado is not car­ried out for any­body who’s in that process.”

Colorado’s pre­vi­ous gov­er­nor, John Hickenlooper, imposed a mora­to­ri­um on exe­cu­tions in 2013. Hickenlooper said he ini­tial­ly had sup­port­ed the death penal­ty, but changed his views when he learned more about the issue: My whole life I was in favor of the death penal­ty. But then you get all this infor­ma­tion: it costs 10 times, maybe 15 times more mon­ey to exe­cute some­one than to put some­one in prison for life with­out parole. There’s no deter­rence to hav­ing cap­i­tal pun­ish­ment. And I don’t know about you, but when I get new facts, I’ll change my opin­ion. I didn’t know all of this stuff.” Former pros­e­cu­tor and state rep­re­sen­ta­tive Doug Friednash, who spon­sored a bill to expand Colorado’s death penal­ty to include mul­ti­ple mur­ders com­mit­ted dur­ing a sin­gle crim­i­nal episode, has under­gone a sim­i­lar evo­lu­tion. In a February 1 op-ed in the The Denver Post, Friednash called on the leg­is­la­ture to repeal its cap­i­tal pun­ish­ment law. Twenty-five years ago, as a fresh­man House Democrat, I spon­sored leg­is­la­tion to expand the death penal­ty,” Friednash wrote. I was wrong.” The law he sup­port­ed was used to pros­e­cute James Holmes, who killed 12 peo­ple in a shoot­ing at an Aurora movie the­ater in 2012, and Dexter Lewis, who stabbed five peo­ple to death in a Denver bar. Juries sen­tenced both to life. Holmes’ case, he says, illus­trates some of the prob­lems with the death penal­ty – the law failed to deter Holmes and his cap­i­tal tri­al, which result­ed in a life sen­tence, cost tax­pay­ers approx­i­mate­ly $5 mil­lion. Holmes was tried in Colorado’s 18th Judicial District, where defen­dants are four times more like­ly to face a death pros­e­cu­tion than else­where in the state.” All three of the state’s death-row pris­on­ers are Black men who were tried in that dis­trict. Friednash con­cludes, It’s time to close this chap­ter in Colorado’s his­to­ry books. The Colorado leg­is­la­ture should abol­ish the death penal­ty this ses­sion. And then Gov. Jared Polis should com­mute the death sen­tences of our three death-row inmates to life with­out the pos­si­bil­i­ty of parole.”

In a February 9 edi­to­r­i­al, the Boulder Daily Camera also urged the leg­is­la­ture to abol­ish the death penal­ty. Citing the lack of deter­rent effect and the high cost of cap­i­tal pun­ish­ment, the paper wrote: If the worth of a pub­lic pol­i­cy is its abil­i­ty to achieve pol­i­cy objec­tives, then cap­i­tal pun­ish­ment is a fail­ure.” The edi­to­r­i­al also not­ed great eco­nom­ic, geo­graph­ic, and racial dis­par­i­ties” in Colorado’s impo­si­tion of the death penal­ty. The loca­tion of the coun­ty line in rela­tion to a crime,” it said, should not deter­mine whether a defen­dant lives or dies, and nei­ther should the skin col­or of the accused.” And in con­clu­sion, it point­ed to for­mer Governor Bill Ritter’s 2011 posthu­mous par­don of Joe Arridy, who was wrong­ful­ly exe­cut­ed by Colorado in 1939 despite what Ritter called an over­whelm­ing body of evi­dence” that Arridy was inno­cent. The state-sanc­tioned killing of an inno­cent per­son is more moral­ly repug­nant than the exe­cu­tion of a guilty one could be moral­ly just,” the edi­to­r­i­al board wrote. For this rea­son alone — giv­en that inno­cent peo­ple almost cer­tain­ly die under a regime of cap­i­tal pun­ish­ment — Colorado should abol­ish the death penalty.”

(Michelle P. Fulcher, Polis Would Commute Sentences If State Lawmakers Pass Death Penalty Ban, Colorado Public Radio, February 7, 2019; Doug Friednash, Friednash: I helped expand the Colorado death penal­ty; now I sup­port its repeal, The Denver Post, February 1, 2019; Editorial, Editorial: Abolish the death penal­ty in Colorado, Daily Camera, February 9, 2019.) See Recent Legislative Activity.

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