Oregon lawmakers to consider death penalty repeal
SALEM, Ore. (AP) - Oregon's complicated relationship with capital punishment takes center stage this week as a House committee takes up Gov. John Kitzhaber's plea for a public vote on repealing the death penalty.
On Tuesday, the House Judiciary Committee will hear public testimony on a measure that would ask voters in 2014 whether to insert 10 words in the state constitution: "A sentence of death shall not be imposed or executed."
The proposal doesn't seem likely to go very far, especially after voters in California rejected a similar measure last year.
House Speaker Tina Kotek said she wants to see more evidence the measure could pass in Oregon, although she stopped short of ruling out a 2014 vote.
"I think it was unfortunate that California wasn't successful, and I think that impacted our ability to be successful in the near term," Kotek said.
Rep. Mitch Greenlick, the Portland Democrat sponsoring the measure, said he believes it would pass, and he'd like to see the measure go forward. Kitzhaber told reporters last month that he'd like to see a vote in 2014 even if polling showed the measure was unlikely to pass.
One Republican, Rep. Bob Jenson of Pendleton, has signed on. He said death penalty cases are expensive to try and to appeal, and forensic evidence has proven the innocence of some death row inmates around the country.
"Once you throw the switch, it's impossible to reverse those mistakes," said Jenson said.
In 2011, Kitzhaber issued a temporary reprieve for Gary Haugen, a death row inmate who waived his right to legal appeals and was scheduled to be executed. The governor called for a statewide vote on whether to continue the practice, saying he was morally opposed to capital punishment and was convinced Oregon's death penalty system was broken.
Haugen is now challenging Kitzhaber's reprieve, arguing that the clemency is invalid because he didn't agree to it. A Marion County Circuit Court judge sided with Haugen, and the state Supreme Court is scheduled to hear oral arguments in the case next month.
Josh Marquis, the district attorney in Clatsop County and a vocal supporter of the death penalty in the most heinous cases, said the legal requirements to impose the death penalty in Oregon are extremely robust to ensure no innocent or improperly represented inmates are executed. The state spares no expense on defending death penalty cases, he said.
"It is rarely sought by prosecutors in Oregon, and it is even more rarely imposed. And I think that's the way it should be," Marquis said.
Oregon has 37 people on death row.
The state has a complex history with capital punishment. Voters have outlawed it twice and legalized it twice, and the state Supreme Court struck it down once. Voters most-recently legalized the death penalty in 1984, with 56 percent in favor of capital punishment.
Since then, the state has executed two people, both during Kitzhaber's first stint as governor between 1995 and 2003. Both inmates, like Haugen, had volunteered for execution, waiving their appeals, and Kitzhaber said that he'd long regretted his decision not to block them.
"I do not believe that those executions made us safer, and certainly they did not make us nobler as a society," Kitzhaber said in announcing his reprieve for Haugen. "And I simply cannot participate once again in something I believe to be morally wrong."
On Tuesday, the House Judiciary Committee will hear public testimony on a measure that would ask voters in 2014 whether to insert 10 words in the state constitution: "A sentence of death shall not be imposed or executed."
The proposal doesn't seem likely to go very far, especially after voters in California rejected a similar measure last year.
House Speaker Tina Kotek said she wants to see more evidence the measure could pass in Oregon, although she stopped short of ruling out a 2014 vote.
"I think it was unfortunate that California wasn't successful, and I think that impacted our ability to be successful in the near term," Kotek said.
Rep. Mitch Greenlick, the Portland Democrat sponsoring the measure, said he believes it would pass, and he'd like to see the measure go forward. Kitzhaber told reporters last month that he'd like to see a vote in 2014 even if polling showed the measure was unlikely to pass.
One Republican, Rep. Bob Jenson of Pendleton, has signed on. He said death penalty cases are expensive to try and to appeal, and forensic evidence has proven the innocence of some death row inmates around the country.
"Once you throw the switch, it's impossible to reverse those mistakes," said Jenson said.
In 2011, Kitzhaber issued a temporary reprieve for Gary Haugen, a death row inmate who waived his right to legal appeals and was scheduled to be executed. The governor called for a statewide vote on whether to continue the practice, saying he was morally opposed to capital punishment and was convinced Oregon's death penalty system was broken.
Haugen is now challenging Kitzhaber's reprieve, arguing that the clemency is invalid because he didn't agree to it. A Marion County Circuit Court judge sided with Haugen, and the state Supreme Court is scheduled to hear oral arguments in the case next month.
Josh Marquis, the district attorney in Clatsop County and a vocal supporter of the death penalty in the most heinous cases, said the legal requirements to impose the death penalty in Oregon are extremely robust to ensure no innocent or improperly represented inmates are executed. The state spares no expense on defending death penalty cases, he said.
"It is rarely sought by prosecutors in Oregon, and it is even more rarely imposed. And I think that's the way it should be," Marquis said.
Oregon has 37 people on death row.
The state has a complex history with capital punishment. Voters have outlawed it twice and legalized it twice, and the state Supreme Court struck it down once. Voters most-recently legalized the death penalty in 1984, with 56 percent in favor of capital punishment.
Since then, the state has executed two people, both during Kitzhaber's first stint as governor between 1995 and 2003. Both inmates, like Haugen, had volunteered for execution, waiving their appeals, and Kitzhaber said that he'd long regretted his decision not to block them.
"I do not believe that those executions made us safer, and certainly they did not make us nobler as a society," Kitzhaber said in announcing his reprieve for Haugen. "And I simply cannot participate once again in something I believe to be morally wrong."
Vote NO. They to do crime, why should the voter pay !
The people voted on this already. . Since he knew in advance that the death penalty was the will of the people, and he also knew that he didn`t have the sack to impose the will of the people before he ran for Governor. I think that it`s safe to say that his run for governor was for his interest and not for the people that he is supposed to represent. This guy needs to get kicked to the curb. He`s untrustworthy
What happens when the powers that be find out they killed the wrong guy? It's happened many times.... Of course law makers are lacking more than common sense most of the time!
Chalk up another stupid plan of the people running our state. We have complete idiots running this state who will take Oregon down! Every criminal will head to Oregon cause we support them. Oh what a very sad day it will be if we take the dealth penalty off the table.Â
@takeiteazy
think that is bad, read this story on KEZI (which the writer did not vet, and is incorrect) but look at what they propose, its an outrage. Now we are proposing going into peoples houses and literally taking away your constitutional rights. Â
http://www.kezi.com/lawmakers-introduce-assault-weapons-ban/
"And I simply cannot participate once again in something I believe to be morally wrong." Â
Then step down as governor.  How did this chameleon get in office anyway?
With the democrats in office, our country is going down the toilet.
@Jason Marks You had better get used to it. It started more than 30 years ago. The Progressive Democrats got control of the schools, started indoctrinating and building the voter base to their favor. Now they have the voter base and have concentrated it in 5 plus counties so they can keep control of the most populated portion of the state. This way they can control the entire state, and put the people in office that wish to pursue a socialist agenda. They have total control now with the Governor, Judges, and both houses of the legislature. They have their mayors in the larger cities, and have control of the governments of most large counties. They now are starting to attempt enactments of taxes without votes. I could go on for hours, let it suffice that it is going to take a lot of no's and strong will to start getting the state back inch by inch, just like it was taken by the Progressives. They have nearly bankrupted the entire state, and won't stop until they do.
I know 4 democrats who supported and voted for this governor....and according to them, they won;t make the same mistake twice.  His DICTATOR-LIKE move OVER THE WILL OF THE PEOPLE on the death penalty was a deal breaker for them.
I'd like to see a 1-time appeal process, and the sentence carried out within 12 months of sentencing.Â
All cases pending to date would be carried out without delay assuming an appeal has already been completed. The idea of expanding the penalty is an excellent idea. Nothing has a more permanent impact of stopping the bad guys like death.
REPEAL? I want it enforced and increase crimes that call for capitol punishment. Rape, child molestation, kidnapping, car thieves, repeat gang offenders. We need to execute these people and make room in our jails.
The voters have spoken not that our Governor cares, he's ignoring the will of the voters anyways so why have another vote. This is what Progressives do if they lose the vote they have a judge overturn it or in our case the gov. just ignores it then keep voting on it until they get the outcome they want by wearing down the will of the voters.
@grainger You are exactly correct, and the Progressive do have the judges, and now they have the Attorney General as well. In fact they have control of the entire law and decision making bodies of the State. It is going to be tough to overcome and they know it. They haven't done this overnight, it has taken years, now it will take years and pain to get our State back.