FEATURED POST

In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

Image
To cope with his dread, John Kitzhaber opened his leather-bound journal and began to write.
It was a little past 9 on the morning of Nov. 22, 2011. Gary Haugen had dropped his appeals. A Marion County judge had signed the murderer's death warrant, leaving Kitzhaber, a former emergency room doctor, to decide Haugen's fate. The 49-year-old would soon die by lethal injection if the governor didn't intervene.
Kitzhaber was exhausted, having been unable to sleep the night before, but he needed to call the families of Haugen's victims.
"I know my decision will delay the closure they need and deserve," he wrote.
The son of University of Oregon English professors, Kitzhaber began writing each day in his journal in the early 1970s. The practice helped him organize his thoughts and, on that particular morning, gather his courage.
Kitzhaber first dialed the widow of David Polin, an inmate Haugen beat and stabbed to death in 2003 while already serving a life sentence fo…

Supreme Court refuses to review death penalty over two justices' dissents

WASHINGTON — The Supreme Court refused to hear a Louisiana prisoner's death penalty appeal Tuesday, but two of the eight justices said they would have taken the case to decide if capital punishment remains constitutional.

The one-paragraph order and two-page dissent solidified the battle lines at the court over what some justices consider their most difficult duty: deciding who lives and who dies.

That six justices, including liberals Sonia Sotomayor and Elena Kagan, denied convicted murderer Lamondre Tucker's petition shows that the court is not ready to reconsider its 1976 decision reinstating the death penalty.

But Justices Stephen Breyer and Ruth Bader Ginsburg reiterated their desire to consider its constitutionality, which they first voiced last June in a dissent from the court's 5-4 decision upholding a controversial form of lethal injection.

In the Louisiana case, Breyer noted that Tucker was barely older than the 18-year-old threshold to be eligible for the death penalty and had an IQ of 74, —just above the level to be considered intellectually disabled — when he shot and killed his pregnant ex-girlfriend in 2008. 

In addition, he was sentenced in Caddo Parrish, which renders a disproportionate percentage of the state's death sentences.

"Given these facts, Tucker may well have received the death penalty not because of the comparative egregiousness of his crime, but because of an arbitrary feature of his case, namely, geography," Breyer wrote.

He and Ginsburg said they would have agreed to hear the case for that reason and others cited in their June dissent. Those included the potential for mistakes, racial and other disparities, decades-long delays, and increasing numbers of states and counties abandoning capital punishment.

Source: USA Today, May 31, 2016

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

Most Viewed (Last 7 Days)

New Hampshire: More than 50,000 anti-death penalty signatures delivered to Sununu

Texas: The accused Santa Fe shooter will never get the death penalty. Here’s why.

Post Mortem – the execution of Edward Earl Johnson

Malaysian court sentences Australian grandmother to death by hanging

Convicted killer from infamous “Texas 7” prison escape gets execution date

Ohio: Lawyers seek review of death sentence for 23-year-old Clayton man

Texas man on death row for decapitating 3 kids loses appeal

Amnesty International Once Again Highlights Shocking Justice System in Iran

In the crosshairs of conscience: John Kitzhaber's death penalty reckoning

Ohio man with execution set for July 18 blames killing on ‘homosexual panic’