News and Developments 2013: New Voices

Paula Cooper, Youngest Person Sentenced to Death in Indiana, To Be Released From Prison

Paula Cooper, who was 15 years old at the time of her crime, and the youngest person ever sentenced to death in Indiana, will be released from prison on June 17, twenty-seven years after her conviction for the murder of 78-year-old Ruth Pelke. Her case received international attention, sparking a campaign that led to the commutation of her death sentence to 60 years in prison. An appeal to the Indiana Supreme Court received over 2 million signatures from around the world. Pope John Paul II asked that Cooper's sentence be reduced. Bill Pelke, the grandson of Ruth Pelke, forgave and befriended Cooper and wrote a book, Journey of Hope...From Violence to Healing, about his experience with the case.

NEW VOICES: Another Ohio High Court Official Announces Opposition to Death Penalty

On June 13, former Ohio Supreme Court Justice Evelyn Lundberg Stratton told members of an Ohio task force reviewing the state’s capital punishment system that her views on the death penalty have moved from support to opposition. Justice Stratton, a Republican, served three terms on the Court, during which time the state executed 49 death row inmates by lethal injection. Stratton has opposed executing mentally ill defendants, but more recently explained that she is now opposed to the death penalty in general because she does not believe it deters crime, or that victims’ families gain the finality they seek when the murderer is put to death. Judge Stratton said, “I have evolved to where I don’t think the death penalty is effective. I don’t have a moral inhibition ... Overall, it’s just not the best way to deal with it on a number of different levels.” In 2011, Justice Paul Pfeifer, an original sponsor of Ohio’s current death penalty law and a current Justice on the Ohio Supreme Court, also announced his opposition to capital punishment.

OP-ED: "DNA: A Test for Justice"

In a recent op-ed in the Baltimore Sun, former FBI Director William Sessions (pictured) underscored the importance of reliable FBI forensic analysis in convicting the guilty and exonerating the innocent. Sessions provided the example of Willie Jerome Manning, who received a last-minute stay of execution in Mississippi in order to allow time to conduct testing on DNA evidence that could exonerate him. Manning was convicted in 1994 based on FBI testimony that has since been invalidated by the U.S. Department of Justice. Sessions also urged state prosecutors and judges to work with defense counsel in cases where the FBI provided potentially unreliable evidence. Sessions concluded, “When evidence used to convict an individual is discovered to be unreliable, justice requires that we review that case, no matter how long ago the conviction occurred.” Read full op-ed below.

EDITORIALS: "End the Death Penalty in Kansas and Missouri"

The Kansas City Star recently called for an end to the death penalty in Kansas and Missouri. The editors wrote, "The arc of history is bending toward justice when it comes to the death penalty, and there’s no good reason Missouri and Kansas should lag behind and continue to be on the wrong side of both history and justice." The high costs of implementing capital punishment and the risks of wrongful executions were among the  reasons cited for doing away with the punishment. With respect to innocence, the paper stated, "The Innocence Project reports that, through the use of DNA evidence, 18 death row prisoners so far have been exonerated. They already had served a total of 229 years behind bars in 11 different states. That should never happen. Nor should execution of the innocent, but the only way to be positive it doesn’t is to ban capital punishment." Kansas has not had a execution since it reinstated the death penalty in 1994. The editorial concluded, “Kansas and Missouri should follow Maryland’s recent example and become the 19th and 20th states to adopt a sane and civilized approach to this matter.” Read full editorial below.

Colorado Governor Indefinitely Stays Execution Over Concerns About Flawed System

On May 22, Governor John Hickenlooper of Colorado granted an indefinite stay of execution to Nathan Dunlap, who was facing execution in August. In his Executive Order, the governor expressed concerns about the state’s death penalty system, calling it flawed and inequitable. He also noted the national trend away from capital punishment, with five states recently voting to repeal the death penalty and other states rarely using it. Hickenlooper stated, “If the State of Colorado is going to undertake the responsibility of executing a human being, the system must operate flawlessly. Colorado’s system for capital punishment is not flawless.” The governor underscored that his decision to grant a reprieve in this case was because of larger objections to the death penalty, and he was not granting clemency to Dunlap. He concluded, “It is a legitimate question whether we as a state should be taking lives.”

NEW VOICES: Former Prosecutor Calls for Clemency in Upcoming Colorado Execution

The former Chief Deputy District Attorney from the county that prosecuted Nathan Dunlap has called on Colorado's governor to commute his death sentence to life without parole. Richard Bloch (pictured), who prosecuted dozens of homicide cases during his 20 years with the Arapahoe County DA’s office, said he believes the state’s capital punishment system is too broken to implement: “Having worked on many homicides, visited dozens of murder scenes, and, most importantly, spoken to many people who have committed violent actions against others, I understand from personal experience what so many studies show: that there is no evidence whatsoever that the death penalty deters crime and enhances public safety.” Bloch also noted the geographical and racial disparities in the state’s death penalty: all those on death row came from Arapahoe County and all are African American, even though blacks account for only 4.3% of the state’s population. Bloch wrote, “[W]e cannot ignore that the system that sentenced Mr. Dunlap to die is a system in crisis. Colorado can do better; Colorado is better than that.” Read full article below.

NEW VOICES: Oregon Leaders Speak Out About the Death Penalty

At a recent event at Willamette University in Oregon, various state leaders in the fields of law and criminal justice spoke critically about the state's death penalty. Former Supreme Court Chief Justice Paul De Muniz (pictured) said the death penalty was "bad public policy," almost never resulting in an execution. He spoke of having defended a murderer sentenced to death in 1988. Twenty-five years later, the Justice noted, he is now retired after a full career in the law, while the inmate is still in the midst of his appeals on death row. Noting the $28 million spent annually on the death penalty, Justice De Muniz said, “The death penalty is getting a ‘pass’ from legislative scrutiny, when looking for ways to trim Oregon’s budget to fund starving schools and public safety.” The former Superintendent of the State Penitentiary, Frank Thompson, who presided over the last executions in the state, called the current system a “failed public policy.” Thompson said that he was concerned about his staff, who had the responsibility of carrying out executions, and about the risk that some innocent people have been executed in the U.S. Retired Supreme Court Justice Edwin Peterson also announced at the sold-out event that he would begin speaking out publicly against the state’s death penalty.

NEW VOICES: Nebraska Senator Changes Course After Hearing from Victims' Families

As Nebraska's legislature began debate on a bill to repeal the death penalty, one senator explained how his views on the issue had evolved. In an op-ed in the Lincoln Journal Star, Sen. Colby Coash said that his participation with a group celebrating an execution led him to oppose the death penalty: "I made a decision during my shame that I would no longer be a part of someone's death." A second influence was his conversations with relatives of murder victims. He quoted one family member, Merriam Thimm-Kelle, who testified to the legislature about her experience, "Death penalty supporters say that carrying out the death penalty is family closure. Closure is a myth. The death penalty does absolutely nothing for families except more pain." On March 19, the Judiciary Committee approved a repeal bill without dissent. A vote in the entire unicameral legislature may take place on May 13. (UPDATE: The repeal bill was stopped by a filibuster on May 14. The vote to end the filibuster was 28-21, but 33 votes were needed.) Read the full op-ed below.