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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."


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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."


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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.


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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.


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