Death Penalty Repeal Approved 11-6 in Committee
Today the Criminal Justice and Public Safety Committee of the New Hampshire House of Representatives voted 11-6 to send the death penalty repeal bill on to the full House with an Ought to Pass recommendation.
During the debate, Committee Chairman Rep. Renny Cushing quietly explained how the murder of his father has affected him, his sister, his daughters, and the rest of his family over the years in a way that has motivated him to try to make sure this doesn’t happen to anyone else’s family—even to the family of a convicted murderer. Rep. David Welch, after over 30 years of voting consistently “pro-life” with the exception of the death penalty, explained how the death of his wife caused him to rethink his support of a practice that would take a life, despite the wrongs the person accused has committed, who still has family members who would grieve for them. On the “against” side, Rep. Jody McNally described how she voted for repeal in the previous session, but struggled to support it this time. Finally, after “a sleepless night of thinking and praying on it”, she announced she would oppose repeal because of the high bar set for death penalty convictions in New Hampshire and her genuine belief that today’s DNA testing makes a mistaken conviction far less likely.
As for me, I voted with the majority to repeal it because, as far as I can determine, the death penalty is the only New Hampshire criminal law that is solely focused on retribution. It’s not about rehabilitation. It’s not about public safety. It’s not about justice or the effective deterrence of crime. What it is, quite simply, is a form of government-endorsed revenge and murder that is extremely difficult to abide by in a civilized society. As Merrimack County Attorney Robin Davis testified yesterday: “We cannot condemn one form of murder and condone another.”
At yeserday’s public hearing, I was also moved by all of the people who came out to testify in favor of repeal who had lost friends or family members to murder. Rather than give them relief, they testified that the death penalty, with its endless appeals and ongoing controversy, only increases their sorrow and makes it more difficult for them to move on with their lives.
Some other testimony that jumped out at me during the six hours of public testimony:
Andrea LeBlanc, whose husband was murdered in 9/11: “I refuse the seek retribution and vengeance rather than justice. I refuse to abandon all compassion for every those who commit terrible acts of violence. I refuse to be guilty of the same barbaric acts committed against me and my family. I refuse to give my permission to the government that represents me to kill in my name.”
Former NH Attorney General Gregory Smith: “There is not a single case of a person receiving life without parole in NH who has been released. We do not show our deep respect for law enforcement officers or the rule of law by putting our prisoners to death.”
Susan Ferre, who knew and grew up with executed 1960’s mass murderer Charles Starkweather: “He needed psychological help but instead he was killed in my name.”
Reverend John Sawyer: “If God never gives up on them, why should we?”
Reverend Patrick McLaughlin: “There are good secular arguments for repeal—but not for capital punishment. It is unjust, immoral, racist, and ruinously expensive. There is no good argument for it.”
Beth Landis, whose mother was murdered by an unknown intruder 50 years ago: “If there would have been a resolution to my mother’s case—and the death penalty was involved—it would have been the worst possible thing for my family.”
Eileen Ehlers: “I don’t want our New Hampshire to be a complicit and premeditated murderer”.
Rep. Latha Mangipudi: “Capital punishment is nothing more than state sponsored crime. My religion does not give me comfort if I stand by and allow someone to be executed for committing a crime against me.”
Former 8th Circuit Court Judge Peter Runyon: “I know we tend to do our own things in New Hampshire, without being swayed by what happens anywhere else. But in the family of nations worldwide, every one of our closest relatives has abolished the death penalty and has a lower murder rate than we do—in most cases dramatically lower—and the only places where the death penalty remains in full force are the places where life is cheap and respect for justice and the law are non-existent: China, Syria, Iran, Iraq, Afghanistan, Saudi Arabia, Yemen, and North Korea. Is that really the company we want to keep?”
2019 is the year New Hampshire can rise above history and politics by joining the family of states and nations that have abolished a practice that has united Amnesty International; the New Hampshire Council of Churches; former judges, attorney generals, and chiefs of police; and members of all of New Hampshire’s political parties in firm opposition.
After three decades of trying, it’s time for the legislature to pass, and for the governor to sign, HB-455 and send the world a message that New Hampshire will no longer punish a terrible crime by committing the same terrible crime itself.