Skip to main content

Retired New Hampshire judge takes the stand to testify against death penalty

It has been my good fortune to serve as a judge in New Hampshire for 37 years. For 13 of those years I was presiding justice of the Durham District Court.

I served as a justice of the Superior Court for 18 years, 9 of which I spent as chief justice. And I sat on the Supreme Court for 6 years before retiring in December of 2005.

I am proud of our judicial system and the effort of judges in all our courts to treat people fairly and equally, and to protect their individual rights.

While serving as a judge, I rarely expressed my opinion on capital punishment privately, and until now I never expressed my opinion publicly. Nor did I let my personal opinions influence my judicial decisions.

In fact, in 1998 I presided over the capital murder case of Gordon Perry, and on every motion filed on his behalf challenging New Hampshire’s capital punishment statute, I ruled he had not established that the law violated our constitution.

Last week, I appeared before the New Hampshire Commission to Study the Death Penalty, whose members I commend for their willingness to undertake the important and challenging task assigned to them by the legislature.

My purpose in speaking to the commission was not to talk about facts and statistics or trials and cases but to address the moral issue of death as punishment.

The way we have been dealing with the death penalty for years is to talk about enacting laws, adopting procedures, establishing practices and providing mechanisms, as if by creating an elaborate process we could somehow sanitize the death penalty and thereby ignore the moral issues that capital punishment presents. We cannot.

I appeared before the commission to answer one straightforward but complex question: Do I believe the systematic killing of another human being by the state, in my name, is justified?

My answer to that question is: No.

During my tenure as a judge, I met many people with strong opinions about capital punishment. Through most of that period, over two-thirds of those polled in the United States regularly supported the death penalty. Some people I respect still do. So you would think that anyone looking for answers based upon public opinion or strongly held views should have an easy task.

What is the problem, then? In the face of these odds, why do we continue to struggle with the acceptability of death as punishment? I believe one reason we engage in this process is that no matter what some people say publicly about capital punishment, deep inside many are not as certain as they proclaim.

I believe another reason is that our thinking evolves, as people, technology, and societies progress. And what is acceptable at one time in our history may become unwelcome at another. If that is true then, we are encouraged to re-examine our core principles and to consider whether death continues to be an acceptable punishment in New Hampshire.

I have great respect for the offices of the Attorney General and the Public Defender and for the integrity and competence with which the attorneys in those offices handle homicide cases. The primary source of my continuing concern about the death penalty, however, is not New Hampshire’s limited capital murder experience but my own professional exposure to criminal justice issues.

There is no question that people who commit murder must be punished and should be removed from society. Life in prison without parole does both. It is interesting to note that two states, New Hampshire, which has not employed the death penalty since before Pearl Harbor, and North Dakota, which does not condone capital punishment, did not need death to achieve the lowest murder rates in the nation every year of this century.

No legal system is perfect. Human beings make mistakes. That is one reason we accept the notion that occasionally the guilty will go free and the innocent will be convicted. But I do not believe anyone accepts the notion that it is alright for a person to be wrongfully executed.

So with the most respected judicial system in the world, how can we willingly embrace a sentence which cannot be reversed after it is imposed; and how can we continue to believe that it is morally acceptable for the state to take a human life?

My answer is, we cannot.

As most of us, I have never experienced the emotions felt by a murder victim’s loved ones, and I may never know for sure that I could not be persuaded by the desire for personal revenge to seek the death penalty for a person I knew killed someone I love. But for me, neither of these deficiencies makes opposition to the death penalty any less compelling.

I am not a death penalty expert.

I am not a spokesperson for the judiciary.

I am one New Hampshire citizen; 1 person, who believes it is not necessary to kill to show that killing is wrong.

So after 37 years on the bench; after presiding over hundreds of jury trials; after sitting on numerous criminal cases; after listening to witnesses in scores of sentencing hearings; after considering information in thousands of probation reports; after imposing sentences upon countless convicted defendants; after entertaining the arguments of lawyers at every level of skill; after talking with a host of judges and corrections officials; and after continued personal reflection; this is what I believe about capital punishment:

The threat of its use is not a deterrent to the commission of a homicide, because those who kill do not consider the sentence before they act or do not expect to be caught, or both.

The threat of its use is not necessary to protect the people of New Hampshire for the same reason.

Its abolition does not dishonor those who serve in law enforcement because honor comes from personal pride and earned respect, not from the ability of the state to execute a human being.

Its abolition does not diminish the voice of murder victims because the right of all victims to be heard is intended to come at the time defendants are sentenced not at the time they are charged.

It provides no more justice than life in prison without parole because justice is not measured by the sentences we impose.

To seek and carry out the death penalty costs the state much more in time and taxes than to prosecute and confine a person to prison for life.

To seek and carry out the death penalty consumes inordinate resources of courts, prosecution, defense and law enforcement.

The decision whether to seek the death penalty is too easily swayed by public opinion, political pressure and media attention.

Its potential as a prosecutorial tool is outweighed by its capacity for misuse.

It is too easily subject to selective prosecution.

It is too likely to be imposed upon minorities and the poor.

It is too likely to depend upon the persuasiveness of lawyers.

Its imposition is too readily subject to the emotions of individual jurors.

Its imposition is too clearly dependent upon the composition of the particular jury empanelled for each case.

It inevitably leads to disparate sentences.

It creates the unacceptable risk that a person may be wrongfully executed.

It exalts rage over reason.

It diminishes our character as a people.

And in the end, I believe it serves just one purpose: vengeance.

It is for these reasons, and from a personal abhorrence of the premeditated execution of a human being by the state, that I appeared before the commission to speak in favor of the abolition of the death penalty in New Hampshire.

Source: Joseph Nadeau, Nashua Telegraph, June 27, 2010

Comments

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.