New Voices

NEW VOICES: Latino Evangelical Leaders Call For End to Capital Punishment

Leaders of national Latino evangelical groups are calling for an end to the death penalty, citing both religious convictions and practical concerns about the fairness of capital punishment. Reverend Gabriel Salguero (pictured), founder of the Latino Evangelical Coalition, said, “Given studies on how the death penalty is meted out, particularly for people of color, if it’s not a level playing field, we need to speak out. ... The needle has moved for Latinos and evangelicals." According to the Bureau of Justice Statistics, Latinos comprise a growing portion of the nation's death rows, increasing from 11% in 2000 to 13.5% in 2010, with half of the new Latino death row inmates coming from California. A 2014 study of California jurors found that white jurors were more likely to impose death sentences if defendants were Latino and poor. Another California study found that the odds that a capital defendant would be sentenced to death were were more than triple for those convicted of killing whites than for those convicted of killing blacks and more than 4 times greater than for defendants convicted of killing Latinos. "There’s been a shift, not just attributed to religion, but a heightened understanding of the death penalty and its implicit bias in the criminal justice system," said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund. Salguero summarized the religious backing for opposition to the death penalty, saying, "The gospel teaches us that crime has a place, but God has the last word....Christ was an innocent man who was executed. If there’s a possibility that we execute one innocent person we should have pause."

NEW VOICES: Former FBI Agent Now Opposes Death Penalty, Seeks Exoneration of California Death Row Prisoner Kevin Cooper

During his 45 years in law enforcement, including 24 years with the Federal Bureau of Investigation, homicide investigator Tom Parker (pictured) changed his view on the death penalty. "There were times during my career when I would gladly have pushed the button on a murderer,” he said. “Today, my position would be, life without parole." Parker says that seeing corrupt homicide investigations convinced him that innocent people could be executed. As result, he now opposes capital punishment and is supporting California's Justice That Works Act, a ballot measure that would repeal the death penalty. Parker says the worst case of police misconduct he has seen in a capital case is that of California death row prisoner Kevin Cooper. Parker has re-investigated the case pro bono for five years in an effort to free Cooper. “I’m convinced he was framed. We arrest and convict innocent people almost every day in this country. As long as we have a death penalty in America, we will continue to execute innocent people.” Cooper was sentenced to death for four 1983 murders, and has completed his appeals, meaning that he could be executed if California resumes lethal injections. Parker says Cooper's conviction was a result of "police tunnel vision" - making the evidence fit the suspect, rather than seeking a suspect who fit the evidence. Working as a consultant with Cooper's attorneys, Parker has found witnesses who say they saw three white men, two of whom wore blood-spattered clothing, acting strangely at a bar near the crime scene on the night of the murders. The initial statement from the one survivor of the crime pointed to three white men as the perpetrators, but Cooper is black. Cooper recently received support from the American Bar Association in his efforts to receive clemency from Governor Jerry Brown.

Nebraska Exonerees Awarded $28 Million, Prosecutor Says Case Made Him Oppose Death Penalty

A federal court jury has awarded six Nebraska exonerees (pictured, at their exoneration) $28 million in damages for official misconduct that led to their wrongful convictions in the 1985 rape and murder of Helen Wilson. The "Beatrice Six," as the group came to be known, were falsely accused of the killing and threatened with the death penalty. Five of the defendants—James Dean, Kathy Gonzalez, Debra Shelden, Ada JoAnn Taylor, and Tom Winslow—agreed to plea bargains or pled no contest to avoid possible death sentences. The sixth—Joseph E. White—demanded a jury trial, and was convicted. All six were exonerated by DNA evidence tested in 2008. On July 6, the jury found that the Gage County, Nebraska Sheriff's Office had been reckless in its investigation and had fabricated evidence. The $28 million damages award exceeds the entire annual budget of Gage County by $1 million, and the county does not have an insurance policy to cover court judgments resulting from law enforcement misconduct. At a press conference on July 8, Randall Rintour, the Gage County prosecutor who reopened the Beatrice Six case in 2008, said the case had changed his views on the death penalty. “It happened right here in our backyard. We can’t say it’s not possible to make a mistake because we did, we made a huge one," he said. "Our ability to execute all the ... murderers we can is not worth the death of one innocent individual at the hands of the state." State Sen. Burke Harr, a former Douglas County deputy prosecutor, joined Rintour in urging Nebraskans to retain the state's repeal of the death penalty, which is the subject of a November referendum. Sen. Harr, one of 30 legislators who voted in favor of repeal, said, "The death penalty is just that, it’s forever. There’s no coming back."

NEW VOICES: Former Chief Justice of North Carolina Supreme Court Questions Constitutionality of Death Penalty

I. Beverly Lake, Jr.—a staunch supporter of North Carolina's death penalty during his years as a State Senator and who, as a former Chief Justice of the North Carolina Supreme Court, repeatedly voted to uphold death sentences—has changed his stance on capital punishment. In a recent piece for The Huffington Post, Lake said he not only supported capital punishment as a State Senator, he "vigorously advocated" for it and "cast my vote at appropriate times to uphold that harsh and most final sentence" as Chief Justice. His views have evolved, he said, primarily because of concerns about wrongful convictions. "My faith in the criminal justice system, which had always been so steady, was shaken by the revelation that in some cases innocent men and women were being convicted of serious crimes," he wrote. However, his concerns about the death penalty are broader than just the question of innocence. Lake says he also questions whether legal protections for people with diminished culpability as a result of intellectual disability, mental illness, or youth, are adequate. "For intellectual disability, we can use an IQ score to approximate impairment, but no similar numeric scale exists to determine just how mentally ill someone is, or how brain trauma may have impacted their culpability. Finally, even when evidence of diminished culpability exists, some jurors have trouble emotionally separating the characteristic of the offender from the details of the crime," he said. He describes the case of Lamondre Tucker, a Louisiana death row inmate who was 18 at the time of the offense and has an IQ of 74, placing him just outside the Supreme Court's bans on the execution of juveniles and people with intellectual diabilities. Lake argues, "Taken together, these factors indicate that he is most likely just as impaired as those individuals that the Court has determined it is unconstitutional to execute." He concludes, "Our inability to determine who possesses sufficient culpability to warrant a death sentence draws into question whether the death penalty can ever be constitutional under the Eighth Amendment. I have come to believe that it probably cannot."

Support for the Death Penalty by Republican Legislators No Longer a Sure Thing

One year after the Nebraska legislature voted to repeal the death penalty and overrode a gubernatorial veto of that measure, actions in legislatures across the country suggest that the state's efforts signalled a growing movement against the death penalty by conservative legislators and that support for the death penalty among Republican legislators is no longer a given. Reporting in The Washington Post, Amber Phillips writes that Republican legislators in ten states sponsored or co-sponsored legislation to repeal capital punishment during the current legislative sessions. She reports that although these repeal bills have not become law, they have made unprecedented progress in several states. In Utah, a repeal bill sponsored by Sen. Stephen Urquhart (pictured)—a former death penalty proponent who supported the state's firing squad law—came closest, winning approval in the state Senate and in a House committee. Missouri's bill saw floor debate in the Senate, and Kentucky's received a committee hearing for the first time in 40 years. An effort to return death penalty support to the platform of the Kansas Republican Party failed by a vote of 90-75, and the Kansas College Republicans passed a resolution calling for the abolition of the death penalty, highlighting a generational divide on the issue. Dalton Glasscock, former president of Kansas College Republicans, said, "My generation is looking for consistency on issues. I believe if we say we're pro-life, we need to be truly pro-life, from conception to death." The National Association of Evangelicals also changed their stance on the issue, acknowledging "a growing number of evangelicals," who now call for abolition. Though a majority of Republicans still support the death penalty, Phillips writes that "it's notable that a year after we wondered whether Nebraska was an anomaly or the start of a trend, there's plenty of evidence to suggest that conservative opposition to the death penalty may indeed be a trend -- a small but growing one."

Pfizer Announces Restrictions to Keep States From Using Its Medicines in Executions

On May 13, the pharmaceutical company Pfizer announced that it would impose strict distribution controls to block states from obtaining and using its medicines in executions. In a statement, the company said, "Pfizer makes its products to enhance and save the lives of the patients we serve. Consistent with these values, Pfizer strongly objects to the use of its products as lethal injections for capital punishment." With Pfizer's announcement, every major pharmaceutical company that produces drugs that have been used in lethal injections has voiced opposition to involvement in executions. The pharmaceutical companies are joined by medical organizations including the American Pharmacists Association, the International Academy of Compounding Pharmacies, and the American Medical Association, which all oppose their members' participation in executions. “It’s very significant that the pharmaceutical industry is speaking with a unified, singular voice,” said Megan McCracken, a lawyer at the Death Penalty Clinic at the University of California Berkeley School of Law. “Saying we don’t want our products used this way and actually taking steps to ensure that they aren’t." Pfizer's announcement will make it more difficult for states to obtain lethal injection drugs on the open market and through drug redistributors. The unavailability of execution drugs from these sources has driven states to seek alternative, and in some cases illegal, sources for these drugs, and has caused legal challenges in numerous states.

Baptist Theologian Says Death Penalty Does Not Fit With Christian Theology

Baptist ethicist and theologian Dr. Roger E. Olson (pictured) recently issued a call "for Christian churches to publicly stand against the death penalty for Christian reasons." A professor of Christian Theology and Ethics at Baylor University's George W. Truett Theological Seminary, Dr. Olson writes in an essay for the theology website Patheos.com that "authentic Christians must oppose the death penalty." He says that, while "[t]here are many secular reasons to abolish the death penalty," there are also theological reasons why church opposition to capital punishment should be non-negotiable. "Christians believe that every individual human being might be someone chosen by God for his salvation and for his service," he writes. "When we take another human life unnecessarily, we usurp God’s prerogative for that person’s eventual salvation or, if they are already saved, for that person’s future service for the Kingdom of God." Dr. Olson's essay urges all Christian churches to take public stands against the death penalty. "I believe the Christian reasons for opposing the death penalty are so strong that capital punishment ought to be, as slavery was in the mid-19th century, an issue for a 'church struggle' that divides if sadly necessary. At the very least, Christian pastors and other leaders ought to preach against capital punishment from their pulpits and in their newsletters."

NEW VOICES: Former Utah Prosecutor Urges Death Penalty Repeal

Creighton Horton spent 30 years as a prosecutor with the Salt Lake District Attorney's Office and Utah Attorney General's Office before retiring in 2009. In a recent op-ed, he said his experience handling capital cases led him to believe Utah should abolish the death penalty. Horton noted the negative impact the death penalty can have on victims' families. "If a capital case goes to trial and the jury returns a verdict of death, that pronouncement is probably the last satisfaction the victim's family will get for years, if not decades," he said. "From that point on, the delays and uncertainties of the death penalty appeals process are likely to take a terrible toll, keeping the wound open and denying the victim's family any closure." He said a life without parole sentence for the perpetrator was often the best outcome for the families of victims: "When that happens, the murderers go to prison and, for the most part, no one hears about them again — and the victims' families are able to move on with their lives." He also raised concerns about wrongful convictions, stating, "No system of justice is perfect, and so it's possible that an innocent person could be convicted of capital murder, and wrongly executed." The Utah legislature is considering a bill to repeal the death penalty for future offenses. The bill passed the Utah Senate, and is likely to face a vote in the House on March 10.

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