Skip to main content

Delaware House Rejects Legislation to Abolish Death Penalty

An effort to abolish Delaware's death penalty failed in the state House on Thursday, but proponents of the measure say they will continue fighting until capital punishment is outlawed.

The legislation, which would not apply to inmates currently on death row, received 16 votes, short of the 21 needed for passage. Twenty-three lawmakers voted against the bill, which Democratic Gov. Jack Markell has said he would sign.

"I had hoped that after giving the arguments careful consideration, the House would realize, as I did, that the death penalty is an instrument of imperfect justice," Markell said in a prepared statement. "I understand that it is an incredibly difficult issue, and I respect all viewpoints. While this was not the time to repeal the death penalty, I believe that time will come."

Supporters of the bill, which cleared the Senate last year by a single vote, said they would try to resurrect the measure after a five-week break for budget committee meetings. Under House rules, a bill that has been defeated can be recalled for another vote within three legislative days upon the request of a member on the prevailing side. Rep. Kim Williams, a Newport Democrat who supports abolishing the death penalty, deliberately voted against the bill so she could have it brought back up in March.

Meanwhile, Delaware's Supreme Court agreed to accept and answer questions submitted by a Superior Court judge on the constitutionality of Delaware's death penalty statute in light of two U.S. Supreme Court rulings earlier this month.

Delaware has 13 inmates on death row but does not have the necessary chemicals to carry out an execution if one were ordered.

Delaware is one of 31 states with the death penalty. Nineteen states, along with the District of Columbia, have abolished capital punishment.

Supporters of the repeal bill, including many clerics, argue that the death penalty is morally wrong, racially discriminatory, ineffective as a deterrent to violent crime and far more costly than sentencing killers to life in prison without parole.

"The death penalty is disproportionately applied to already marginalized populations," said chief House sponsor Rep. Sean Lynn, D-Dover, adding that the roots of capital punishment in Delaware are "forever mired in our history, our past, of slavery and segregation."

Several other Democratic lawmakers also spoke in favor of the bill during an emotional, hourlong debate.

The only person to speak against the bill was Mary Cairns, invited by House Minority Leader Danny Short, R-Seaford, to speak on behalf of the parents of Lindsey Bonistall. Bonistall, a 20-year-old University of Delaware student from White Plains, New York, was raped and murdered in 2005 by a man now on death row.

"By a show of hands, how many of you sitting here today have had their daughter beaten, raped, choked to death and set on fire in a random act of violence?" Cairns asked as lawmakers sat in silence. "Anybody?"

Opponents of the bill, including many in the law enforcement community, have argued that it is a necessary and just punishment for those who commit heinous murders. Among lawmakers voting against the bill were House Speaker Pete Schwartzkopf, D-Rehoboth, and Judiciary Committee chairman Rep. John Mitchell, D-Elsmere, both retired police officers.

Judiciary Committee members voted 6-5 last May not to send the bill to the full House after it passed the Senate. The bill languished in the committee until last week, when Mitchell agreed to send it to the full House.

"I remain hopeful," Lynn said after Thursday's vote. "This is going to happen.... It's going to happen, either by the courts or by the legislature."

Delaware's death penalty has had a tortuous history over the past 50 years.

In 1958, Gov. J. Caleb Boggs signed a bill abolishing the death penalty, making Delaware only the second state in the nation, after Missouri, to abolish capital punishment.

Three years later, lawmakers passed a bill reinstating the death penalty after the killings of an elderly Sussex County farm couple. Gov. Elbert Carvel vetoed the measure, but Senate and House lawmakers overrode him.

In 1991, lawmakers held a special session to change Delaware's death penalty law, giving judges the final say on whether to impose the death penalty after considering a jury's recommendation. The move came amid public outrage after four men convicted of robbing and murdering two armored car guards all received life sentences after jurors could not unanimously agree on the death penalty.

Source: AP, January 28, 2016

- Report an error, an omission: deathpenaltynews@gmail.com - Follow us on Facebook and Twitter

Most viewed (Last 7 days)

Iran: flogging still a common practice

Flogging of Sufis in Gonabad: Fourteen Ne’matollahi dervishes received 25 lashes each for allegedly disturbing the public security Public flogging in Iran "The lash ruling against 14 Ne'matollahi dervishes of Gonabad was carried out. They were residents of Baydokht and had been arrested and condemned by the Public Prosecutor of Gonabad after a protest against the illegal treatment dealing with the Sufis in June of last year [2010]. According to the website of Majzuban-e-Nur, Mr. Sa'id Kashani, Mr. Amir Roshan-Mojaver-Sufi, Mr. Alimohammad Amanian, Mr. Ruhollah Safari, Mr. Ali Abbasi-Baydokhti, Mr. Ebrahim Abbaszadeh, Mr. Mohammadali Ja'fari, Mr. Hossein Mahdavi, Mr. Hossein Abbaszadeh-Baydokhti, Mr. Rahmat Hosseini, Mr. Reza Kakhki, Mr. Behruz Mojaver-Sufi, Mr. Ali Mir, and Mr. Hassan Baluchi-Baydokhti are the fourteen dervishes whose requests were not only rejected, but who were condemned to 25 lashes for disturbing the public security. It should be mentioned th...

Japan’s Internet Wants Uchida Riko Executed. Here’s Why That Won’t Happen

This week, the prosecution in the case of a murder of a 17-year-old girl in Hokkaido came out with its sentencing recommendation. Japanese social media reacted by clamoring for the accused woman’s blood. But, while the facts of the case are heinous, the prosecutor’s decision not to seek the death penalty is grounded in long-standing precedent. Murdered for looking at the accused wrong Uchida Riko (内田梨瑚), 23, and her friends stand accused of murdering 17-year-old Murayama Runa (村山瑠奈) in Hokkaido’s Asahikawa. Prosecutors say the dispute began after Murayama posted a photo of Uchida to social media. They say Uchida’s group abducted the girl, made her undress, and then forced her to jump from a bridge.

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

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.

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

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.

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...

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

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.

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.