House to debate repeal of death penalty

I’m going to try something a little different today. I’m in Santa Fe, and the House of Representatives is about to begin debating a bill that would repeal the death penalty in New Mexico. A similar bill passed the House in 2005 but died in the Senate.

I’m going to update this posting frequently throughout the debate to keep you up on what’s being said. Check back often if you want updates, or read the posting again later for a comprehensive recap.

If you want to know more about the bill, it’s House Bill 190, sponsored by Rep. Gail Chasey of Albuquerque.

I’ll be putting new updates at the end of this posting, so when you check back scroll down to see if there is new information. It’s about 12:20 p.m. now, and I’ll begin each update with the current time.

Update, 12:35 p.m.

In her opening argument, Chasey said replacing the death penalty with a life-in-prison maximum punishment is a cause supported by many conservatives and liberals alike – some because of ideology, and others because they believe that, in practically, the death penalty isn’t working. She cited statistics that showed that most people on death row are black, and most of the victims of those on death row are Anglo.

“There are no rich people on death row,” she said.

She pointed to a multitude of recent legal challenges to the practice of lethal injection across the nation. In response to a recent botched execution, former Florida Gov. Jeb Bush recently put a temporary halt on executions while the state studies the issue.

New Mexico uses lethal injection to execute those on death row, and last did so in 2001 – the first time it had done so in more than 40 years.

Update, 12:50 p.m.

“As long as we continue to have the death penalty, the risk that we will execute innocent people is with us,” Chasey said, after pointing out a man present at the hearing who was wrongly convicted and on death row in Florida for a number of years.

The man’s conviction was overturned, making it possible for him to attend today’s hearing.

Rep. Dan Foley, R-Roswell and the minority whip, said he believes the House will pass the bill today, but pointed out that Chasey cited cases and statistics primarily from other states, and said that is because New Mexico is careful about how it uses the death penalty.

He reminded his colleagues that the death penalty has been used in New Mexico once in four decades.

“We’ve been very cautious,” he said. “You know, our neighbors to the east, Texas, have instituted the express lane for the death penalty.”

“The system in New Mexico works,” Foley said. “We have been very cautious, and very careful.”

Foley opposes Chasey’s legislation.

Update, 1 p.m.

Rep. Antonio “Moe” Maestas, D-Albuquerque, called the law that allows the death penalty in New Mexico an “archaic law” that has cost too much money.

“Aside for morality and everything else, it just doesn’t make sense,” he said.

He said he agrees that some violent criminals deserve to die, but said “the issue… is not whether someone deserves to die, but whether the free people of New Mexico will grant (their) government the right to take a life.”

“This law is so 20^th Century,” he said.

Update, 1:05 p.m.

Rep. Keith Gardner, R-Roswell, asked whether eliminating the death penalty would mean the maximum sentence in New Mexico would be 30 years without the possibility of parole – the current definition of life in prison in the state.

Chasey said the bill would change the definition of life in prison so that, in capital cases that currently are considered for the death penalty, the maximum sentence would instead be life in prison – the rest of a convicted killer’s life.

He opposes the bill.

“I believe we’re removing a tool for law enforcement,” Gardner said. “… Justice should have any price that we have to pay in order for it to take place.”

Update, 1:10 p.m.

Rep. Antonio Lujan, D-Las Cruces, supports Chasey’s bill.

“We’re the only industrialized nation that still uses the death penalty,” Lujan said.

Rep. William “Bill” Rehm, R-Albuquerque, said people who end up on death row are vicious killers, and said he opposes the bill.

“These people are methodical murderers,” he said. “… The death penalty is a vital tool in the district attorney’s tool chest. We must retain that tool for them to be allowed to use.”

Update, 1:25 p.m.

Rehm has proposed an amendment that would change the bill to allow either the death penalty or life in prison without parole – a true life sentence – as options in capital-punishment cases.

Rehm said he agrees with Chasey “that we need life in prison without parole, and that should be an option as sentencing.”

Chasey objected to the amendment.

House Minority Leader Tom Taylor of Farmington said he supports the amendment, saying it gives judges options that should both be available.

Rep. Al Park, D-Albuquerque, said the amendment is too major a change to the bill to be appropriate, saying it “fundamentally guts the intent and purpose.”

A motion to table the amendment and effectively kill it was approved on a vote of 40-28.

Update, 1:35 p.m.

Rep. Candy Spence Ezzell, R-Roswell, said a life-in-prison sentence instead of execution would be “cruel and unusual punishment” for victims.

“This is a good deterrent,” she said of the death penalty.

Rep. Ken Martinez, D-Grants and the majority leader, praised Chasey for fighting to repeal the death penalty.

“If we give government more rights than we have as individuals, then we have placed government above the individual, and that’s a dangerous path to go down,” Martinez said. “No individual has a right to kill someone after they are no longer a threat.”

The House is about to vote on the bill.