RS 101 Death Penalty Reform: Current Legislation

The Western Pennsylvania Conference adopted this Resolution –62-14-6 – on June 11, 2004.

It – and 220 supporting letters - was presented to the Senate Judiciary Chair Stewart Greenleaf on July 1, 2004. Hearings on SB 16 were scheduled for June 28, and October 4, 2004.

1) Whereas, the judgment of Cain (Genesis 4:9-15), The Sermon on the Mount (Mathew 5:38-39), and the woman caught in adultery (John 8:3-11) are scriptural examples of divine initiative in favor of grace over judgment.

2) Whereas The Social Principles of The Book of Discipline of the United Methodist Church-2000, 164(a) specifies: "We oppose capital punishment and urge its elimination from all criminal codes."

http://www.umc.org/abouttheumc/policy/political/a-basicfreedoms.htm

3) Whereas “The Pennsylvania United Methodist Church has passed resolutions opposing the death penalty since 1997.”

http://www.oocities.org/roger_thomas_edu/bibliography/DeathinPennsylvania.htm

4) Whereas execution denies God the opportunity to transform the person. (Bishop Peter D. Weaver, Eastern Pennsylvania Conference.)

5) Whereas Pennsylvania allows execution for certain intentional murders. In these cases, the jury may only choose between execution, and life imprisonment. The Governor may commute a death sentence to life imprisonment on the unanimous recommendation of the Board of Pardons, but offenders may only be returned to the street on proof of their innocence. In Pennsylvania, “life means life.” This system provides the Commonwealth of Pennsylvania with a viable alternative to execution. It protects its citizens without any need for the Death Penalty.

6) Whereas Over 111 people have been released from Death Row since 1973 upon proof of their innocence, and 23 people were executed, in the United States, during the 20^th Century, who were innocent of the crime of which they were convicted.

http://www.courts.state.pa.us/Index/Supreme/biasreport.htm

7) Whereas Secretary Beard of Pennsylvania’s Department of Corrections, estimates “that it costs (the state) at least $29,000 a year to incarcerate someone in Pennsylvania.” (Pittsburgh Tribune-Review, February 12, 2003, p.B6.) The post-conviction appeals and re-trials for a Death Row inmate cost that county’s taxpayers about $3.2 million. An offender could be incarcerated, at $29,000 per year, for 110.3 years for the cost of an execution. As of June 1, 2004 there were 227 people on Death Row. 139 were Black, 70 White, 16 Hispanic, 2 Asian, and 5 Female. At $3.2 million each, $726.4 million is being diverted from the county budgets to pursue executions. Since 123 were from Philadelphia, $393.6 million is being lost from that county budget. The 10 from Pittsburgh are costing Allegheny County taxpayers $32 million.

8) Whereas since the 2003 Annual Conference we have had cause to celebrate:

A. DNA testing cleared Barry Laughman after 16 years, and cleared Nicholas Yarris after 21 years on Death Row. (Beaver County Times, July 30, and November 23, 2003) They were innocent people.

B. Ah Thank "Allen" Lee was released, after 20 years, as the wrong man. He too was innocent.

C. Senate Bill 26 passed the Senate 48-1, and is expected to pass the House in this Session.

D. The Supreme Court of Pennsylvania continues to study implementation of its Gender and Racial Bias Report. Its provision regarding “death qualified juries” has been implemented. (Pittsburgh Tribune-Review, May 28, 2004, p.B5)

E. The Philadelphia Common Pleas Court has adopted the American Bar Association’s February 2003 standards for defense counsel in Death Penalty Cases. (Philadelphia Inquirer, June 6, 2003)

F. Gerald Gase’s family was allowed to testify that Roger Proctor should not be executed for their father’s death.

(http://www.post-gazette.com/localnews/20031228forgivenreg2p2.asp)

G. The Supreme Court of Pennsylvania has reduced the death sentences of Harrison Marty Graham, Peter Karenbauer, and Arthur Faulkner who are mentally retarded. (Beaver County Times, February 21, 2004)

H. The US Supreme Court is considering the role of mental illness, which would affect 30 of Pennsylvania’s Death Row inmates.(Beaver County Times, February 21, 2004) It will also re-visit whether minor children may be executed, which would affect 2 of our Death Row inmates.

I. The Senate Judiciary Committee is to debate Senate Bill 16 to would allow all victim families to testify.

9) Whereas since the 2002 Annual Conference we have had cause to be concerned that:

A. Senator Edward Helfrick resigned, under doctor’s orders, after 26 years of effective service toward death penalty reform.

B. Governor Rendell has signed a total of 17 death warrants, 9 for Blacks, 5 for Whites, and 2 for Hispanics.

C. No one would allow the Scheiber family to testify that they did not believe in execution, and that their daughter’s killer should be spared execution.

D. Hubert Michael first abandoned his appeals and submitted to execution, then regained a stay of execution from the Third Circuit Court.

E. The House of Representatives has attached a rider to Senate Bill 97 that would impose an $800,000 cost to determine mental retardation.

10) Whereas the Western Pennsylvania Conference of the United Methodist Church supports our legislature's efforts regarding the death penalty, and we specifically encourage:

A. the passage of legislation such as Senate Bills 12 and 13 of Session 2003, which would eliminate the death sentence from our Commonwealth.

B. the passage of legislation such as Senate Bill 14 of Session 2003, which would study whether (a) defendants who are sentenced to death are in fact guilty of first degree murder; (b) defendants in death penalty cases are provided adequate and experienced counsel and adequate resources for the defense of their cases at the trial, appellate and post-conviction stages; (c) race does not play an impermissible role in determining which defendants are sentenced to death; and (d) death penalty cases are handled similarly by all district attorneys throughout this Commonwealth.

C. the passage of legislation such as Senate Bill 15 of Session 2003, which would protect minor children from execution.

D. the passage of legislation such as Senate Bills 16 of Session 2003, which would allow the victims' families to express their wishes regarding the death penalty to the jury regarding the death penalty.

E. the passage of legislation such as Senate Bill 26 of Session 2003, which would protect the mentally retarded from execution in compliance with Atkins v Virginia, and move 26 mentally retarded inmates from Death Row and into Special Needs Units.

F. the passage of legislation such as Senate Bill 52 of Session 2003, which would provide a Capital Representation Resource Center, and extensive training for attorneys. The Pennsylvania Supreme Court specifically calls for passage of such legislation. Final Report, p. 214ff

G. the defeat of the rider to Senate Bill 97 of Session 2003, which would require that all defendants alleging mental retardation go through an entire capital trial, at county taxpayers expense, before retardation is determined.

1) BE IT THEREFORE RESOLVED that until the total elimination of the Death Penalty, we encourage the Pennsylvania General Assembly to pass legislation, such as the Senate Bill 14 of Session 2003, for a moratorium on death warrants and a study of how the Death Penalty is meted out in our Commonwealth.

2) Be it further resolved that we urge the Pennsylvania General Assembly to pass Senate Bill 16, and would allow all victims’ families to testify regardless of their political or religious beliefs.

3) Be it further resolved that we urge the Pennsylvania General Assembly to pass Senate Bill 26 which would exclude the mentally retarded from execution, and to defeat the rider to Senate Bill 97.

4) Be it further resolved that we encourage the Pennsylvania General Assembly to pass legislation, such as Senate Bills 15 and 52, which will reform capital punishment in our Commonwealth. We specifically urge them to pass these reforms this year.

5) Be it further resolved that the clergy and the laity are encouraged to provide testimony, support, and encouragement to the members of the Pennsylvania legislature toward the introduction and passage of the legislation recited in this resolution.

Roger Thomas, author

Western Pennsylvania Conference Witness Team

Bertram Domineck, Howard Burrell, William D. Morgan, Joan W. Anderson,
Rosemary K.Coffey, John M. Scott, Jack Piper

Fellowship United Methodist Church, Fred Smith, Pastor

Phil Wilson, Conference Peace with Justice Coordinator