Skip to main content

Nebraska death penalty repeal on hold

Gathering signatures against the repeal
Gathering signatures against the repeal
Supporters of retaining the death penalty in Nebraska turned in thousands more signatures than necessary on Wednesday to suspend the repeal and place the issue before voters.

Nebraskans for the Death Penalty turned in petitions containing 166,692 signatures. Leaders of the group called that a surprisingly large number and said it signaled that voters in the 2016 general election will retain the ultimate penalty for the most heinous murders, reversing the repeal enacted by the State Legislature this spring.

A lot of senators will find out that their constituents have a different view, I really believe that," said State Sen. Mike Groene of North Platte, a death penalty supporter who circulated petitions.

Opponents of the death penalty, meanwhile, said that they expect Nebraska voters to come to the same conclusion as 30 of the state's 49 state lawmakers. Voters will learn that the risks of executing innocent people, the "tremendous waste" of taxpayer dollars and the hurdles in obtaining the necessary drugs have made the death penalty immoral, unjust and unworkable, said the Rev. Stephen Griffith of Nebraskans for Alternatives to the Death Penalty.

"Just like the legislators they elected, we believe the more Nebraskans learn about the failures of capital punishment, the more they will be inclined to get rid of it," said Griffith, the group's new executive director.

The pro-death penalty group formed in June and launched its petition drive just after state lawmakers overrode Gov. Pete Ricketts' veto and repealed the death penalty.

The vote drew national attention as Nebraska became the first conservative state since North Dakota in 1973 to do away with the death penalty. Currently, 31 states have capital punishment.

But the victory by death penalty opponents in Nebraska now appears to be in jeopardy.

The pro-capital punishment group turned in nearly 3 times as many signatures as is necessary to place the issue on the ballot: 5 % of the state's registered voters, about 57,000 signatures. The drive must also meet that 5 % threshold in 38 of the state's 93 counties.

But Nebraskans for the Death Penalty also appears to have a comfortable cushion to suspend the repeal of the death penalty until voters decide its fate at the ballot box.

To do that, the drive needed to submit valid signatures of 10 percent of the state's voters, or about 114,000 signatures.

Typically, 15 % to 25 % of signatures are invalidated, either because a signer wasn't registered to vote or for other technical reasons. Even if 25 % of the signatures were disqualified, the drive would still have 125,000 valid signatures, more than enough to suspend the repeal.

State Treasurer Don Stenberg, a former attorney general who was an honorary co-chairman of the pro-death penalty group, said there was "a lot of significance" to collecting so many signatures.

"It's reflective of the tremendous support that Nebraskans have in keeping the death penalty," Stenberg said.

He was one of several supporters of capital punishment who spoke at an afternoon press conference, staged in front of an 8-foot-high wall of boxes holding petitions gathered by the group's nearly 600 paid and volunteer circulators. Signatures were collected in all 93 counties.

Officials in the counties are expected to take more than a month to count and validate the signatures.

Stenberg, as well as the Attorney General's Office, both said the signatures are presumed valid when they are turned in, until the count proves otherwise.

So, they said, the repeal of the death penalty - which was scheduled to go into effect on Sunday - is on hold until the count is completed.

"There will be some uncertainty in the law," Stenberg said. But, he added, "It's not unusual to have uncertainty in the law."

Nebraska lacks the necessary drugs to carry out an execution via its only legal means, lethal injection. But Stenberg, who as attorney general presided over the state's last 3 executions in the 1990s, said that if the state obtains the necessary drugs, there's nothing preventing current Attorney General Doug Peterson from asking for execution dates for the 10 men on death row.

Peterson, on Wednesday, said he was reviewing the cases.

The State Supreme Court would have to approve any requests for execution dates. It's unclear if the court would do that while a referendum on the issue is pending and after the Legislature voted to repeal the death penalty.

One of the senators who voted for the repeal, Bob Krist of Omaha, said death penalty supporters will need a lot more support to overturn the repeal in the 2016 election.

He said the referendum should not be about vengeance but "justice and fiscal conservatism." Krist said the state has spent millions and only executed 3 people in the last 6 decades.

He also questioned if the drive collected most of its signatures from Omaha and Lincoln, or from areas like Norfolk and Falls City, where there have been horrible murders and support for capital punishment is higher.

"So here we go. Game on," Krist said.

Officials with Nebraskans for the Death Penalty said they collected enough signatures to qualify the issue for the ballot in the 1st month, then used a last-minute push to qualify the measure in the necessary 38 counties.

Chris Peterson, the drive's spokesman, said the group expects to spend about $800,000 to $900,000 on its petition-gathering effort, which included hiring hundreds of paid circulators and an Arizona consulting company.

That spending, he said, is comparable to what a group spent last year to get an initiative petition on the ballot to increase the state's minimum wage. Nebraskans for Better Wages turned in 134,899 signatures after a 60-day drive.

Ricketts and his family were among the prime financiers for the pro-death penalty drive. The Republican governor contributed $200,000 in the first 2 months, and his father, TD Ameritrade founder Joe Ricketts, gave $100,000.

Officials with the pro-death penalty group said that petition signers overwhelmingly said they deserved a chance to vote on the issue.

"It's too important of an issue to be left to the give-and-take of politics," said Groene.

Vivian Tuttle of Ewing, whose daughter Evonne was 1 of 5 people slain during an attempted robbery at a Norfolk bank in 2002, said she put 8,000 miles on her car seeking support for the referendum drive.

"Wherever I went, people said 'I want to help do this,'" Tuttle said.

The last time a referendum petition appeared on the ballot was in 2006, when voters were asked whether to overturn a law mandating the consolidation of Class I school districts.

Source: lexch.com, August 29, 2015


Nebraska Bishops issue statement on death penalty restoration effort

Nebraska's 3 Catholic bishops issued a statement Thursday reaffirming their opposition to restoring the death penalty.

Omaha Archbishop George Lucas, Lincoln diocese Bishop James Conley, and Grand Island diocese Bishop Joseph Hanefeldt issued the statement 1 day after supporters of reinstating Nebraska's death penalty turned in petitions with more than 166,000 signatures, which would get the issue on the November 2016 ballot if the signatures are verified.

The bishops joint statement says: "Justice requires punishment, but it does not require that those who have committed serious crimes be put to death. The death penalty does not provide rehabilitation to convicted criminals. There is no clear evidence that executions deter crime. Racial minorities and the poor are disproportionately sentenced to death, often as a consequence of racial bias or inadequate defense due to an inability to pay for better representation. Other means are available to punish criminals and to protect society that are more respectful of human life."

"For the Catholic community, this issue - like all life issues - involves more than public policy. It involves our faith and the central principle that human life is sacred. Reflection on the God-given dignity of every human person should guide all our decisions about life, including refraining from the use of the death penalty."

State lawmakers voted to end capital punishment in May. Governor Pete Ricketts vetoed the measure, but the legislature overrode his veto. That triggered the petition drive to put the issue before voters. The more than 166,000 signatures stops the repeal before it was scheduled to take effect on Sunday. 

It will take about 40 days to verify the signatures.

Source: scrippsmedia.com, August 29, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.