Dec. 25


NEBRASKA:

Senator: Next year could be 'best chance' to repeal death penalty


Omaha Sen. Ernie Chambers stood stoically on the legislative floor last
session after his bill to repeal the death penalty was defeated by 1 vote.

Arms crossed, he had a message for fellow senators: "I have another year."

The session that starts Jan. 9 might be "the best chance Nebraska would
have to repeal" the death penalty, said Grand Island Sen. Ray Aguilar, who
changed his mind about the state's ultimate punishment last year.

In a pre-session survey by The Associated Press, 10 of the 49 senators
said they supported repealing the death penalty  versus 6 last year.
22 said they opposed a repeal, versus 29 last year. 2 were unsure, and
15 senators  including Chambers  didn't respond to the survey.

Term limits will force Chambers out after the session that begins in
January, and he's made it clear that wiping capital punishment from state
statutes is his career-long goal. He's expected to try again this year but
needs at least 30 votes to override an expected veto from Republican Gov.
Dave Heineman.

"That's kind of his baby," Aguilar said of Chambers' fight. "This will be
his strongest presentation yet."

Timing might be on Chambers' side.

The nation's last execution was Sept. 25 in Texas. Since then, executions
have been delayed pending a U.S. Supreme Court decision on whether
execution by lethal injection violates the constitutional ban on cruel and
unusual punishment.

New Jersey's legislature voted this month to abolish the death penalty,
joining 13 other states with no death penalty law.

"I think we've moved on," said Sen. Gwen Howard of Omaha, who supports
repealing the death penalty. "I think that's certainly the direction we've
been headed."

Howard said she meets fewer people in her district opposed to the death
penalty and finds more who are concerned about how it is applied.

Nebraska is the only state that uses the electric chair as its sole means
of execution. Senators also were asked in the AP survey whether they
support changing the state's method of execution to lethal injection.

19 senators said yes, 5 said no and 9 said they were unsure or did not
answer.

"I think lethal injection would have a better chance of not being found
'cruel and unusual punishment,'" wrote Sen. Russ Karpisek of Wilber,
explaining his support of such a change.

Sen. Kent Rogert of Tekamah said he's not convinced that "state-sanctioned
killing" is ever a good thing and would vote to repeal the death penalty.
But he'd also vote to change the method to lethal injection.

"We definitely need a more humane method," Rogert wrote.

Last year during debate on the death penalty, Sen. Mike Flood of Norfolk
recalled the 2002 Norfolk bank killings when arguing for the death
penalty.  3 of the 4 killers are on death row.

This year, another shooting spree will find its way into the debate.

"Execution should remain available as the maximum penalty for heinous
crimes committed against persons," Sen. John Nelson of Omaha wrote in his
survey response. "8 murders by a callous man at Westroads Mall is an
example."

Aguilar changed his mind about the death penalty during the debate last
year after listening to testimony about how the death penalty is applied
differently to minorities.

He became convinced that more minorities are executed, and that more
prosecutors request the death penalty for minorities and poor people

"Indigent people can't afford ... good lawyers and get off," Aguilar said.

3 people - Harold Otey, John Joubert and Robert Williams - have been put
to death in Nebraska since executions were resumed in 1994.

9 men now sit on Nebraska's death row.

On the Net:  Nebraska Legislature: http://www.nebraskalegislature.gov


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Nebraska's death penalty


Nebraska's 49 state senators were asked the following questions about the
death penalty and method of execution.

1. Should the death penalty be repealed?

Yes: 10 (Aguilar, Dierks, Howard, Johnson, Kopplin, Kruse, McGill,
Nantkes, Pedersen, Rogert)

No: 22 (Adams, Carlson, Christensen, Cornett, Erdman, Engel, Fischer,
Flood, Friend, Fulton, Hansen, Harms, Heidemann, Hudkins, Janssen,
Karpisek, Langemeier, Louden, Nelson, Pahls, Pankonin, Stuthman).

Unsure: 2 (Ashford, Wallman).

2. Do you support changing Nebraska's method of execution from the
electric chair to lethal injection?

Yes: 18 (Adams, Engel, Fischer, Flood, Friend, Fulton, Harms, Heidemann,
Hudkins, Janssen, Johnson, Karpisek, Langemeier, Nelson, Pahls, Pankonin,
Rogert, Stuthman, Wallman).

No: 5 (Kopplin, Kruse, Louden, Nantkes, Pedersen).

Unsure: 7 (Aguilar, Ashford, Carlson, Christensen, Cornett, Hansen,
Howard, McGill).

No answer: 1 (Dierks)

Not participating: 15 (Avery, Burling, Chambers, Dubas, Gay, Lathrop,
Lautenbaugh, McDonald, Pirsch, Preister, Raikes, Schimek, Synowiecki,
White, Wightman).

(source for both:  Associated Press)






NEW JERSEY:

To the Editor:

As a citizen of New Jersey, I am elated and proud of my state's
abolishment of the death penalty. What a Christmas gift!

At the same time, I am ashamed of my country's position regarding the
United Nations recent vote for a global moratorium on the death penalty
where, as you note, the United States is aligned with states like Iran,
Sudan and Pakistan in executing its criminals.

I wonder, too, at the apathy of Americans regarding this issue but would
like it to be known that there are many of us who are passionate about it.

For many years, my church, St. Mark's Episcopal, in Teaneck, has joined
other houses of worship nationally in tolling its bell on the evening of
an execution, part of a grass-roots effort to raise awareness and urge the
abolishment of state-endorsed killing.

Michael Accordino
Teaneck, N.J., Dec. 20, 2007

(source:  Letter to the Editor, New York Times)



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