CACP News Notes Volume 18, No. 1 June 15, 2009 Published by Catholics Against Capital Punishment, PO Box 5706, Bethesda MD 20824-5706 E-mail: ellen.frank@verizon.net Contents not copyrighted. Permission is granted to all to reprint all material herein in full or in part for publication. CONTENTS: 1) 2009 STATE LEGISLATIVE ROUNDUP: CATHOLIC GROUPS PLAY KEY ROLES IN DRIVES TO END DEATH PENALTY 2) NEW MEXICO: CHURCH "VERY INFLUENTIAL" IN A STATE LIKE OURS, SAYS GOVERNOR 3) CONNECTICUT: LAWMAKERS O.K. ABOLITION, BUT LEGISLATION IS VETOED BY GOVERNOR 4) MARYLAND: REPEAL DERAILED, BUT LEGISLATORS NARROW SCOPE OF DEATH PENALTY LAW 5) KANSAS: SENATE SHELVES REPEAL LEGISLATION, BUT MAY RECONSIDER IT IN 2010 SESSION 6) COLORADO: ABOLITION BILL PASSES HOUSE BY 1 VOTE, FAILS IN SENATE BY SAME MARGIN 7) MONTANA: SENATE VOTES FOR REPEAL, BUT PROPOAL IS TABLED BY HOUSE PANEL 8) NEBRASKA: ADOPTION OF LETHAL INJECTION LAW WIPES OUT HOPES FOR DE FACTO ABOLITION 9) OTHER STATE NEWS 10) EXECUTIONS "A SIGN OF INCIVILITY," TOP VATICAN OFFICIAL SAYS 11) MESSAGE TO TEXAS LAWMAKERS: USE OF THE DEATH PENALTY IS A NEGATIVE ACTION THAT UNDERMINES RESPECT FOR LIFE 12) NEW GROUP AIMS TO SPREAD CATHOLIC TEACHINGS ON DEATH PENALTY VIA FACEBOOK, PLAYS, PODCASTS, AND OTHER INNOVATIVE MEDIA 13) BILL TO END FEDRAL DEATH PENALTY REINTRODUCED 14) ANNUAL "FAST AND VIGIL" SET FOR JUNE 29-JULY 2 15) SOTOMAYOR MEMO ON DEATH PENALTY CITED 16) OBSERVATIONS: A SILVER LINING 17) CACP'S ANNUAL FINANCIAL REPORT FOR 2008 1) 2009 STATE LEGISLATIVE ROUNDUP: CATHOLIC GROUPS PLAY KEY ROLES IN DRIVES TO END DEATH PENALTY Abolition victory in New Mexico followed by near-misses in Connecticut, Maryland, Kansas, Colorado and Montana "This spring, those of us who have been laboring through the cold and desolate years of increasing numbers of executions are finding shoots of hope slowly popping their heads out of the decay." So wrote Sr. Alice Gerdeman, board chair of Ohioans to Stop Executions, in a recent issue of her group's online newsletter. Gerdeman, a member of the Sisters of Divine Providence congregation, was referring not only to the March 18 signing of a law ending executions in New Mexico, but also to vigorous attempts in several other states to repeal death penalty statutes, enact moratoriums or otherwise limit the use of the death penalty during a lively series of spring legislative sessions. In every instance, these campaigns won the strong backing of the Catholic hierarchy, priests and religious, and laity, and most indicated that their efforts would intensify in 2010 and/or 2011. Grassroots anti-death-penalty efforts were especially evident in New Mexico, said to have a larger percentage of Catholics than any other state. "Increasingly, people are agreeing on the futility of having the death penalty," said Rep. Gail Chasey, an Albuquerque Democrat who had been fighting to end executions in her state for over a decade, and who was the chief sponsor of the repeal bill enacted there. "We had better information than we’ve ever had in the past," she explained. Following is a state-by-state compilation of 2009 anti-death-penalty initiatives and a look at how Catholic-oriented groups played a role in them. 2) NEW MEXICO: CHURCH "VERY INFLUENTIAL" IN A STATE LIKE OURS, SAYS GOVERNOR The legislation signed by Democratic Gov. Bill Richardson to repeal New Mexico's death penalty and replace it with sentences of life imprisonment without parole had been approved in the state's House of Representatives by a 40-28 vote and in the Senate by 24-18. The signing brings to 15 the number of U.S. states without the death penalty. It also makes New Mexico the second state to legislatively repeal the death penalty since the U.S. Supreme Court reinstated it in 1976. In December 2007, a similar repeal bill was enacted in New Jersey. Repeal had been strongly supported by Santa Fe Archbishop Michael J. Sheehan and the bishops of the state's other two dioceses, as well as by the U.S. Conference of Catholic Bishops. Richardson, a Catholic, acknowledged that "throughout my adult life, I have been a firm believer in the death penalty as a just punishment - in very rare instances, and only for the most heinous crimes. However, people continue to commit terrible crimes even in the face of the death penalty. "The reality is the system is not perfect - far from it," he continued "The system is inherently defective. Even with advances in DNA and other forensic evidence technologies, we can't be 100% sure that only the truly guilty are convicted of capital crimes. Evidence, including DNA evidence, can be manipulated. Prosecutors can still abuse their powers. We cannot ensure competent defense counsel for all defendants." Richardson, a former U.S. ambassador to the United Nations, added: "From an international human rights perspective, there is no reason the United States should be behind the rest of the world on this issue. Many of the countries that continue to support and use the death penalty are also the most repressive nations in the world. That's not something to be proud of." The signing came two days after Rockville Centre (N.Y.) Bishop William F. Murphy, chair of the USCCB's Committee on Domestic Justice and Human Development urged Richardson to "make New Mexico a leader in turning away from the death penalty with all its moral problems and issues of fairness and justice." The legislation, Murphy said, "would help to begin building a culture of life in our country." On March 19, the USCCB issued a statement commending the successful repeal effort. "The bishops of New Mexico and many others worked tirelessly to see New Mexico become a leader in turning away from the death penalty in our country," said Kathy Saile, director of the USCCB's Office of Domestic Social Development. "It's a big victory for forgiveness and love," said Allen Sanchez, executive director of the New Mexico Catholic Conference. "We're teaching our children that life is sacred." Bishop Ricardo Ramirez of the Las Cruces Diocese, who attended the bill's signing ceremony, said the repeal "has made New Mexico a leader in turning away from the death penalty with all its moral problems and issues of fairness and justice." Ramirez told Catholic News Service that he had talked with Richardson earlier in the day, before the governor had made up his mind whether to sign the bill. "I don't know what I said that might have influenced him," Ramirez said. He recalled that he had reminded Richardson of how Pope John Paul II went to prison to forgive his would-be assassin, Mehmet Ali Agca, and how Bud Welch, whose daughter was killed in the 1995 Oklahoma City federal building bombing, appealed for clemency for the convicted bomber, Timothy McVeigh. Vatican ceremony: On April 15, the governor, Archbishop Sheehan, Chasey, Sanchez and other repeal supporters traveled to Vatican City as guests of the Community of Sant'Egidio, the Rome-based anti-death-penalty group. While there, they attended the weekly audience of Pope Benedict XVI and watched the ceremonial lighting of the Colosseum - an event that takes place each time a state or nation puts an end to capital punishment. According to Catholic News Service, Richardson asked the pope to bless a silver olive branch given to him by Sant'Egidio in recognition of his signing of the repeal law. Sheehan said he introduced the governor to the pope, saying, "Holy Father, this is our governor and he just repealed the death penalty." Added the archbishop: "The pope nodded very happily in agreement." In Rome, noting that he had made "the most difficult decision in my political life," Richardson said he had been influenced by Rep. Chasey, by members of the New Mexico Coalition to Repeal the Death Penalty, and by "the archbishop and the Catholic Church, because they are very, very influential in a Catholic state like New Mexico. My archbishop, a man who I deeply respect, was very active on this issue." According to a report in the New Mexico Independent, Richardson discussed the issue in depth at a February dinner with Archbishop Sheehan and NMCC executive director Sanchez. "We were able to help him understand our opposition to the death penalty," the archbishop told CNS, "and he did indeed change his view and signed the law. "It is the result of our dialogue and prayer, and that of many others, that enabled him to see and to change his position," Sheehan added. "There are better ways to protect citizens from bad guys than killing them." At the Vatican, Richardson referred to his past support of capital punishment and stated: "This is what changed: One, I didn't want America to continue being isolated" as one of the very few democracies still using the practice. Second, he said, after attending Mass on the morning of the day he made the decision, and then touring the high-security penitentiary where life-without-parole terms would be served, he decided that life in prison, staying in a small cell 23 hours a day, "was worse than death." In addition, he said, the fact that most death row inmates are members of minority groups - "African-American, or Hispanic, like me" - made him question the fairness of the system. He also noted that, with all the necessary legal processes needed to insure fairness and justice before an execution can proceed, capital punishment costs more than life imprisonment. A January 28 report by New Mexico's Public Defender Department estimated the state would save several million dollars each year by eliminating executions. The new repeal law goes into effect July 1, but does not apply to the two men currently on the state's death row. New Mexico has carried out only one execution - in 2001 - in the last 50 years. Governor's statement - "Challenging my own thinking": Following are excerpts from a March 18 statement by New Mexico Governor Bill Richardson relating to his signing of a bill to repeal the state's death penalty: "Today marks the end of a long, personal journey for me and the issue of the death penalty. "I have been a firm believer in the death penalty as a just punishment - in very rare instances, and only for the most heinous crimes. But six years ago, when I took office as Governor, I started to challenge my own thinking. I knew the day would come when one of two things might happen: I would either have to take action on legislation to repeal the death penalty, or, more daunting, might have to sign someone's death warrant. The prospect of either was extremely troubling. "I have believed the death penalty can serve as a deterrent to some who might consider murdering a law enforcement officer, a corrections officer or a witness to a crime, or kidnapping and murdering a child. However, people continue to commit terrible crimes even in the face of the death penalty. "Responsible people on both sides of the debate disagree - strongly - on this issue. But what we cannot disagree on is the finality of this ultimate punishment. Once a conclusive decision has been made and executed, it cannot be reversed. And it is in consideration of this that I have made my decision. "I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime. If the State is going to undertake this awesome responsibility, the system to impose this ultimate penalty must be perfect and can never be wrong. "But the reality is the system is not perfect - far from it. The system is inherently defective. DNA testing has proven that. Innocent people have been put on death row. "Even with advances in DNA and other forensic evidence technologies, we can't be 100% sure that only the truly guilty are convicted of capital crimes. Evidence, including DNA evidence, can be manipulated. Prosecutors can still abuse their powers. We cannot ensure competent defense counsel for all defendants. The sad truth is the wrong person can still be convicted, and in cases where that conviction carries with it the ultimate sanction, we must have ultimate confidence - I would say certitude - that the system is without flaw or prejudice. Unfortunately, this is demonstrably not the case. "Yes, the death penalty is a tool for law enforcement. But it's not the only tool. For some would-be criminals, the death penalty may be a deterrent. But it's not, and never will be, for many, many others. "The bill I am signing replaces the death penalty with true life without the possibility of parole - a sentence that ensures violent criminals are locked away from society forever, yet can be undone if an innocent person is wrongfully convicted. "From an international human rights perspective, there is no reason the United States should be behind the rest of the world on this issue. Many of the countries that continue to support and use the death penalty are also the most repressive nations in the world. That's not something to be proud of. "In a society which values individual life and liberty above all else, where justice and not vengeance is the singular guiding principle of our system of criminal law, the potential for wrongful conviction and, God forbid, execution of an innocent person stands as anathema to our very sensibilities as human beings. That is why I'm signing this bill into law." 3) CONNECTICUT: LAWMAKERS O.K. ABOLITION, BUT LEGISLATION IS VETOED BY GOVERNOR Despite an appeal from the state's Catholic bishops and other death penalty opponents, Connecticut’s Republican Governor M. Jodi Rell on June 5 vetoed a bill passed by the lawmakers that would have ended the death penalty. The legislation was approved May 13 in the House by a decisive 90-56 vote, and in the Senate on May 22 by a slimmer margin (19-17). In their May 28 letter, the bishops asked Rell, a Protestant, to "respect the decision of the General Assembly, reconsider your publicly stated position on this bill, and allow H.B.6578 to become the law of the land in Connecticut." Acknowledging that Catholic social and moral teaching supports "the right of any state to protect itself from serious criminals,” they noted," it has long held that such action does not require the use of the death penalty when the penal system can guarantee the incarceration of an offender for life. The punishment of life imprisonment without the possibility of release clearly and adequately protects society, equitably punishes the offender, and respects the value of human life. "Our position," they continued, "is one driven not only by our faith's profound respect for all human life - from conception to natural death - but by an evaluation of the realities of the facts surrounding the imposition of the death penalty. Although a perpetrator of a heinous crime may receive a sentence of death in Connecticut, the possibility that this person will actually be executed is very unlikely. This creates a situation of constant court appeals, year after year, that many families of victims find incredibly painful and frustrating. We also also believe that the sentence of lifetime incarceration is a more efficient means of bringing a quick and final punishment to criminals, and quicker closure to the family members of the victims." Several other factors also point to the need for repeal, the bishops argued: "First, it is highly questionable that the existence of a death penalty is a deterrent to those who commit a capital crime. Second, the current law has clearly created a situation that is extremely costly to the state, due to unending appeals. And finally, experience shows that the decision to pursue the death penalty in our state is made in an inconsistent and uneven way, depending upon the venue of the case." The letter was signed by Hartford Archbishop Henry J. Mansell, Bishops Michael R. Cote of Norwich and William E. Lori of Bridgeport, Bishop Paul P. Chomnycky of the Eparchy of Stamford for Ukrainians, and Hartford Auxiliary Bishops Christie A. Macaluso and Peter A. Rosazza. In the past half century, Connecticut has carried out only one execution - that of Michael Ross, who was put to death by lethal injection in 2005 after dropping his appeals. 4) MARYLAND: REPEAL DERAILED, BUT LAWMAKERS NARROW SCOPE OF DEATH PENALTY LAW After an extended and spirited debate, the Maryland Senate on March 5 rejected legislation introduced by Catholic Governor Martin O'Malley (D) to abolish state executions. The proposal was generally believed to have the support of the House of Delegates, the other component of the state's General Assembly. But the Senate did vote 34-13 to pass a compromise bill, later approved by the House and signed by O'Malley, that narrows the scope of Maryland's death penalty law. The new statute prohibits death sentences that are based solely on eyewitness testimony, and requires that death sentences be sought only in murder cases where there is either DNA evidence, voluntary videotaped confessions, or videotaped evidence of the crime. O'Malley expressed disappointment that his original bill was not adopted, but said that he thought the lawmakers did their best to reach a consensus. "It's not as good as repealing it, but it's progress," he said. In testimony before the committee on Feb. 18, O'Malley had called the death penalty an expensive, outdated, and "utterly ineffective tool" in deterring violent crime. Also urging passage of the bill at the same hearing was Washington, D.C., Auxiliary Bishop Martin Holley, who spoke on behalf of the bishops of Maryland. Holley, whose archdiocese includes several Maryland counties, testified in the absence of Baltimore Archbishop Edwin F. O'Brien, who was out of the country. "Through my work on behalf of the church's pro-life efforts, and as an African American," Holley said, "I feel keenly the harm that a culture of violence has wrought on our community." For the church, as a faith community, he said, a fundamental moral question remains: "Are we permitted to deliberately take the life of another human being?" In today's world, he argued, cases in which the execution of an offender is an absolute necessity are "virtually non-existent." Backers of repeal also included former two-term Democratic Gov. Parris N. Glendening and former U.S. Senator Joseph D. Tydings (D), both of whom had supported capital punishment while in office but have since come to oppose the practice. Glendening, a Catholic, applauded O'Malley's "courageous battle," which, he said, had "no political upside, that's for sure." As noted in the December 5 issue of CACP News Notes, a majority of the 23-member Maryland Commission on Capital Punishment, created by the state legislature to assess the issue, concluded last fall that the death penalty did not deter crime and was affected by racial and jurisdictional disparities. It also noted that death penalty cases cost more than non-death-penalty cases, and that there is "a real possibility" a mistake could cause an innocent person to be executed. 5) KANSAS: SENATE SHELVES REPEAL LEGISLATION, BUT MAY RECONSIDER IT IN 2010 SESSION In February 26 testimony presented to the Kansas Senate Judiciary Committee by Kansas Catholic Conference executive director Michael Schuttloffel, the state’s four Catholic bishops expressed support for a bill (SB 208) introduced by Catholic Republican State Senator Carolyn McGinn that would repeal the state's death penalty law. But on March 17, after three hours of debate, the Senate voted to send the bill back to committee for further deliberation, citing technical difficulties. A companion bill had been introduced in the Kansas House of Representatives. The move effectively ended chances of the bill's passage this year. However, according to the Catholic Conference, it will be examined during the interim period between sessions, and is expected to be considered again next year. "Members of the legislature have heard from their Catholic constituents and it has made an important difference," the KCC said. In their statement, the bishops said: "We do not want to be the kind of people who kill human beings out of anger, revenge, hate, bloodlust - the same dark emotions that animated the original crimes we seek to punish. We should not have our ethics shaped by the crimes of those who demonstrated none. We should take no action to reflect theirs, but instead we should make bright the distinction between our ways and their ways. Ours should be a higher standard." Incarcerating a convicted criminal instead of killing him, they said, "permits the criminal time to reflect upon his evil deeds and, hopefully, to arrive at a conversion of heart." But they assured the lawmakers that their support for the bill "in no way involves some naive refusal to see clearly that there is evil in the world. Indeed there is. This is the very premise of the Church and its mission on Earth. "We firmly believe, however, that the death penalty, by vainly trying to repay killing with killing, does great harm to the society that dispenses this false justice, while permitting the guilty to avoid a lifetime of confinement and reflection upon their crimes. The guilty have blood on their hands. Let our hands be clean." Signing the statement were Kansas City Archbishop Joseph F. Naumann and Bishops Ronald M. Gilmore (Dodge City), Paul S. Coakley (Salina) and Michael O. Jackels (Wichita). Since enactment of the current death penalty law 15 years ago, no executions have taken place in Kansas. There are 10 inmates on the state's death row. 6) COLORADO: ABOLITION BILL PASSES HOUSE BY 1 VOTE, FAILS IN SENATE BY SAME MARGIN A proposal to end the death penalty in Colorado and use the funds saved by doing so to investigate unsolved murder cases was defeated May 6 in the state Senate by an 18-17 vote. The bill, which had the strong support of the state's Catholic bishops, had been approved in the House by a vote of 33-32 in April. "Obviously, behavior that threatens or takes lives cannot be tolerated," the bishops said in a statement issued earlier this year. "Those whose actions harm others must be held accountable. In apital murder cases, we recognize that grave punishment is needed both to serve justice and to ensure the safety of the community." But, they added, "the state has other means available to it besides the death penalty to exact justice and render the criminal unable to do harm." In a March 11 newspaper column, Denver Archbishop Charles J. Chaput, OFM Cap, urged Catholics to contact their lawmakers and ask them to vote in favor of the repeal bill. "Support for capital punishment has steadily eroded around the country in recent years," he wrote, "as more people come to see the inadequacy of the death penalty as a deterrent, the racially and ethnically biased manner in which it's often applied, and the number of innocent persons wrongly condemned to death who have been exonerated by new DNA techniques. The right road for a civilized society is to abolish the death penalty altogether." Only one execution has been carried out in Colorado since the U.S. Supreme Court restored the death penalty in 1976. Three men are on the state's death row. 7) MONTANA: SENATE VOTES FOR REPEAL, BUT PROPOSAL IS TABLED BY HOUSE PANEL On March 30, by a 10-8 vote, the Judiciary Committee of the Montana House of Representatives rejected a Senate-passed bill to abolish the death penalty and replace it with life-without-parole sentences. The legislation had been approved by a 27-23 margin in the Republican-controlled Senate on February 16. The bill had the backing of the state's two Catholic bishops, Most Rev. Michael W. Warfel (Great Falls-Billings) and Most Rev. George L. Thomas (Helena), as well as dozens of other religious leaders who signed a letter urging lawmakers to pass it. "As people of faith," the letter said, "we take this opportunity to express our belief in the sacredness of human life and in the human capacity for change." "The Catholic Church's position on the death penalty flows from a Gospel vision that acknowledges every person as redeemable and every soul salvageable," wrote Bishop Thomas in a February column in the Montana Catholic. "Dr. Albert Schweitzer," he continued, "once opined that 'example is not the main thing in influencing others; it's the only thing.' Every parent, teacher and pastor knows that example is the first and best teacher, and moral consistency is a necessary ingredient when conveying moral values to the next generation. "The moral disconnect of killing killers is both apparent and appalling, and cries out for redress and correction. Dismantling the death penalty machinery in favor of life in prison without the possibility of parole will help to address the moral incongruity presented by the death penalty laws that are now on the books in the state of Montana." Among those testifying at a February 4 Senate hearing on the bill was CACP member Marietta Jaeger-Lane, whose daughter was kidnapped and murdered in Montana in 1973. Although she originally felt the death penalty would be justified, she told the lawmakers, she subsequently realized "that to kill somebody in my little girl's name would be to violate and profane the goodness and sweetness and beauty of who she was ... that to become that which I abhor - somebody who kills people - would be an insult to her memory ... that she deserved a more honorable and beautiful and noble memorial than a cold-blooded, premeditated, state-sanctioned killing of a chained, defenseless person." Also testifying was Karla Gray, who acknowledged that she had complied with the law by signing opinions upholding the death penalty while serving as chief justice of the state's Supreme Court from 2001 to 2008. Gray reminded the panel that it's not the "state" that actually carries out the death penalty, but rather individual people, from justices to jurors to prison officers. A death certificate for an executed prisoner, she noted, lists "homicide" as the cause of death. "Did [we] purposely or knowingly cause the death of another human being?" she asked. "We did, and we have to live with it. Please get Montana out of the state-sanctioned homicide business." Since the Supreme Court restored the death penalty in 1977, only three executions have taken place in Montana. Two people are currently on the state's death row. One is Ronald Smith of Alberta, the only Canadian on death row in the U.S. 8) NEBRASKA: ADOPTION OF LETHAL INJECTION LAW DASHES HOPES FOR DE FACTO ABOLITION On May 28, Gov. Dave Heineman (R) signed legislation that changes the state's method of execution from the electric chair to lethal injection. Catholic leaders and other death penalty opponents had worked to block passage of the bill, since failure to enact such legislation would have resulted in de facto abolition of executions in the state. Nebraska had been without a legal method of execution since February 2008, when its Supreme Court ruled 6-1 that electrocution was cruel and unusual punishment and was therefore unconstitutional. Nebraska was the last U.S. state to mandate electrocution as the sole means of execution. Before executions can resume, the state must develop procedures under which injections can be carried out, and it is expected that whatever procedures are developed will be tested in court. The Nebraska Catholic Conference had urged lawmakers to seize the opportunity, as its executive director, James R. Cunningham, put it, "to once and for all move beyond the worn-out policy of having a death penalty to replacing it with a more modern, humane and just sentencing for aggravated, first-degree murder - incarceration for life without possibility of parole." An alternative, he said, would be "just leaving well enough alone - the status quo - which is, de facto, no death penalty." 9) OTHER STATE NEWS FLORIDA: In a letter sent to Gov. Charlie Crist (R) in early February, the state's Catholic bishops asked him to "set a new standard of decency" for the state by doing away with the death penalty. "You have the singular ability to change the course of action to be taken by the state in death penalty cases," the bishops said. "In pursuing justice for victims of violent crimes, the state must not be blinded by politics that diminish human dignity and the sacredness of all life, including those of convicted criminals. Florida should join the ranks of other states which have abandoned executions because they have not been a deterrent to crime and have raised serious concerns about fairness of sentencing in the justice system." IOWA: A group of protesters calling themselves "Catholics for Life from Womb to Tomb" disrupted an address by Catholic Congressman Steve King (R-Iowa) at a February 9 "Prayer for Life" rally cosponsored by the Iowa Catholic Conference and several anti-abortion groups at the State Capitol in Des Moines. The group passed out flyers claiming that the pro-death-penalty, pro-war, anti-immigrant and other positions King has taken in Congress contradict Catholic teachings. Among the protesters were four members of the Des Moines Catholic Worker Community. One, former priest Frank Cordaro, said it was a "staggering mistake" for the Catholic Conference to have invited King to speak at the event because he is "against all the important life issues that the Catholic church teaches" except for abortion. "He takes every opportunity he can to put down the poor and the oppressed and expresses only what we consider contempt for the people whom Jesus said "are the least of these," Cordaro told a reporter from the Chicago Tribune. "It humiliates Catholics who work among and struggle for the poor and disenfranchised in this state." MISSOURI: At a May 19 vigil in downtown Kansas City prior to the state's first execution in three-and-a-half years, Kansas City-St. Joseph Bishop Robert W. Finn criticized the failure of Missouri lawmakers to institute a moratorium on the use of the death penalty or even to set up a commission to examine alleged inadequacies in the system. No executions were carried out in Missouri from October 2005 until this year, as a result of legal challenges to the constitutionality of the three-drug lethal injection system used by the state. But courts have since upheld its legality, and executions resumed when Dennis Skillicorn was put to death in the early hours of May 20. "We wanted the possibility of a moratorium, but at the very least we should have had a study," Finn said, rosary in hand, noting that three death row inmates have been exonerated in recent years. "There are serious flaws in this process," he explained in an interview with the Catholic Key diocesan newspaper "Our elected leaders should have agreed that we ought to study this in a methodical way to determine if we are at least doing this in accordance to the law." Finn, the state's other Catholic bishops, and other religious leaders had appealed to Gov. Jay Nixon (D) for clemency for Skillicorn, noting that the inmate was a model of rehabilitation who had a positive influence on other prisoners. Skillicorn, 49, was the 67th inmate put to death in Missouri since the state reinstated capital punishment 20 years ago. In a final statement, he said: "The sorrow, despair and regrets of my life would most certainly have consumed me, if not for the grace and mercy of a loving God who saved me." In a statement issued on Good Friday (April 10), Finn had urged Catholics to ask their state lawmakers to institute a moratorium. "The just use of capital punishment is not an intrinsic evil, as are abortion and euthanasia, which can never be justified,” he acknowledged. "But the use of the death penalty is a practical moral evil if we can assure the common good without resorting to it. I pray that the horrific image and life-giving power of Christ's death will help us see the value of letting this extraordinary practice fade into our history. May God give us some peace in seeking a different path to justice." At the May 19 vigil, Finn said he was compelled to offer public witness in defense of life: "When we face the mysteries of life and death, prayer is the best thing we can do. We stand up as free citizens, and our neighbors need to learn that there is something here that is very important. It has to do with the sanctity of life, even if someone has made a horrible, horrible mistake. "Our society will reject capital punishment before it is all said and done," Finn said. "There is no doubt in my mind." OHIO: On February 12, Gov. Ted Strickland (D) granted executive clemency to Jeff Hill, who had been scheduled to be executed on March 3 for the murder of his mother. In commuting Hill's sentence from death to a term of 25-years-to-life, Strickland followed a unanimous recommendation made by the Ohio Adult Parole Authority, as well as pleas from members of Hill's family, the Catholic Conference of Ohio, and others. "I am delighted for the family that they don’t have to go through the pain of an execution," said Sr. Alice Gerdeman, chair of Ohioans to Stop Executions. "I would hope this would be a time when the state, from the governor to the citizens, would take a look at the death penalty and decide we don't need it." TEXAS: As this issue of CACP News Notes went to press, several bills backed by the Texas Catholic Conference had been passed by the legislature but were awaiting the signature of Gov. Rick Perry (R). Included were bills that would 1) create an "innocence commission" to review post-conviction exonerations, ascertain possible errors and defects in the criminal justice system, and develop ways to prevent future wrongful convictions; 2) require attorneys appointed to serve as lead counsel for indigent defendants in death penalty cases to have higher standards of qualification than currently specified, and 3) allow for the creation of an "office of capital writs" to assist indigent death row inmates in filing applications for writs of habeas corpus. VIRGINIA: In an April 9 statement, Virginia Catholic Conference executive director Jeff Caruso commended lawmakers for having upheld Democratic Gov. Timothy Kaine’s vetoes of five bills which, if enacted, would have expanded the scope of the state's death penalty law. The VCC, speaking on behalf of the state's two bishops, had opposed the bills from the outset. One would have broadened the circumstances under which accomplices in homicides could receive death sentences, by eliminating the so-called "triggerman rule." The others would have allowed the death penalty to be imposed for the murders of fire marshals, auxiliary police officers, or deputy sheriffs. Caruso noted that opposition to the expansion of the death penalty "had considerable grassroots backing," and that constituents' e-mails, phone calls and personal visits "made a huge difference, no doubt about it." Kaine, a Catholic, vetoed the bills on March 27. An attempt to override his veto succeeded in the House, but failed in the Senate. Caruso noted that since the U.S. Supreme Court reinstated the death penalty in 1976, Virginia has carried out 103 executions, more than any state except Texas. It's time for Virginia to move in a new direction," he said, "and yesterday's results clearly show that many people are ready for that." 10) EXECUTIONS "A SIGN OF INCIVILITY," TOP VATICAN OFFICIAL SAYS In a May 25 address to the 4th International Congress of Ministers of Justice, an event in Rome sponsored by the Catholic Community of Sant'Egidio, Cardinal Renato R. Martino, president of the Pontifical Council for Justice and Peace, appealed to China and the United States to abolish capital punishment, calling the practice "a sign of incivility." "We should make the United States and China abolish the death penalty,” he told the group. "These two giants have a great international role." Since the last Congress in 2008, Martino noted, Uzbekistan, Burundi, Togo, Rwanda and Gabon have abolished capital punishment. "I spent 16 years in the United Nations as Representative of the Holy See, and in all the initiatives aimed at abolishing the death penalty that have only recently taken effect, I have worked night and day. "There have been many important steps taken on the path of progress," he continued, "such as the recent abolition of the death penalty by the American state of New Mexico. However, we know that there are still many countries that use this crime. We should reach the point in which the death penalty is abolished throughout the entire world, because it is a sign of incivility, as one crime cannot be punished with another crime." The congress was attended by more than 35 ministers of justice, members of parliament, supreme court justices and prosecutors from 25 countries. Sant'Egidio spokesman Mario Marazziti noted that "many steps forward have been taken" since December 2007, when the 62nd United Nations Assembly called for an end to executions worldwide. "There are now 120 countries without the death penalty, de jure or de facto," he said. "But there are still many that use it." Senator Nicola Mancino, vice president of Italy's High Council for the Judiciary, emphasized the role of European nations in what he called "this path toward full civilization." "The battle against the death penalty,” he said, "is a struggle for civilization, the culture of life, and justice. We are convinced that the death penalty, far from preventing crime, dehumanizes civilization." 11) MESSAGE TO TEXAS LAWMAKERS: USE OF THE DEATH PENALTY IS A NEGATIVE ACTION THAT UNDERMINES RESPECT FOR LIFE Among the witnesses supporting a bill to abolish the death penalty at a March 12 hearing before the Texas House Subcommittee on Criminal Jurisprudence were Andrew Rivas, executive director of the Texas Catholic Conference, and Sister Elizabeth Riebschlaeger, representing the San Antonio-based U.S. Justice and Peace Committee of the Sisters of Charity of the Incarnate Word. Following are excerpts from their testimony: ANDREW RIVAS: The TCC is the statewide association of the 15 Roman Catholic dioceses in our state. It is our responsibility to advocate the public policy positions of all the dioceses and the 27 bishops of Texas. As a community of faith, we share the justified anger and revulsion at terrible and deadly crimes. In calling for an end to the use of the death penalty, we do not seek to diminish in any way the evil and harm caused by people who commit murder. We also share the hurt and horror, the loss and heartache that are the result of unspeakable acts of violence. Our bishops and priests have presided at the funerals of police officers killed in the line of duty, and have consoled parents who have lost children. Our network of pastoral ministers has heard the anger and despair of victims' families who feel ignored by the criminal justice system, society as a whole, and, at times, even the Church. Our family of faith must care for sisters and brothers who have been wounded by violence and support them in their loss and search for justice. They deserve our compassion, solidarity, and support. However, standing with families of victims does not compel us to support the use of the death penalty. Often, these families are further violated by the legal processes and public attention associated with capital punishment. No act, not even an execution, can bring back a loved one or heal terrible wounds. The pain and loss of one death cannot be wiped away by another death. For our faith community, this issue - like all life issues - is more than public policy. It involves our faith and the central principle that human life is sacred. When the state, in our names and with our taxes, ends a human life despite having non-lethal alternatives, it suggests that society can overcome violence with violence. At a time when the sanctity of life is threatened in so many ways, taking life is not really a solution, but may instead effectively undermine our society's respect for life. In many ways the death penalty is about us: the actions taken in our name, the values which guide our lives, and the dignity that we accord to human life. Public policies that treat some lives as unworthy of protection, or that are perceived as vengeful, fracture the moral conviction that human life is sacred. Pope John Paul II, in his encyclical The Gospel of Life, told us that our God is the God of life, and if we truly believe in his salvation then we have an "inescapable responsibility of choosing to be unconditionally pro-life." SR. ELIZABETH RIEBSCHLAEGER: Our congregation was established in San Antonio in 1869 for the purpose of founding Santa Rosa Infirmary. Care of the orphans resulting from cholera epidemics and their education lead to other ministries. In the last 50 years our ministries have expanded to meet the growing human needs in the U.S. and other countries, including ministry to prisoners. One of our sisters served as chaplain in the Bexar County Jail for many years. Our call has always been to respond by serving the cause of the life, dignity, health and education of each individual whom we serve. Because of our belief in the dignity of each person with a God-given right to life, the U.S. Province of our congregation adopted a corporate stance against the death penalty. We have worked consistently to promote the dignity of each human life, reconciliation and healing, and the abolition of the death penalty. We are painfully aware of the catastrophic impact upon families when a loved one's life is taken from them by violent crime. In 1987, one of our sisters, Patricia Ann Kelley, director of a non-profit organization dedicated to providing heating and cooling assistance to the poor in St. Louis, Missouri, was brutally murdered by a parolee who had just been released from the State Penitentiary. Sister Pat was 49 years old at the time, and her life of service to many was cut short by this terrible act. Ironically, when she was teaching at Immaculate Conception School in Jefferson City, Missouri, Sister Pat had volunteered at the State Penitentiary there, helping the prison chaplain prepare for regular Mass for the inmates. She believed in the value and dignity of every inmate she came to know, no matter what terrible mistakes their life choices have been. She also understood the context of people's lives in which those mistakes had been made, and worked for their rehabilitation. So we all knew that Sister Pat would have been the first one to forgive her killer. For this reason, we requested that he not be executed. Today, he is in prison without any hope of parole. Like Sister Pat, our U.S. sisters believe in the dignity of each human being in all circumstances. We believe that the moral strength of our citizens and state funds are better spent on seeking to understand the reasons for violence in our society, and establishing positive programs that provide the social environment in which families can live out their lives. Such programs should truly support their dignity and provide them with opportunities to flourish and grow into productive citizens. We believe that perpetuating the death penalty is a negative action that only sanctions the use of violence by justifying the taking a human life. It contributes nothing of positive value to our social environment. We believe that the people of Texas are becoming increasingly aware that there are more effective and constructive ways to reestablish peace in our homes, neighborhoods, cities, and the state. The time to eliminate the death penalty from life in the State of Texas has come. 12) NEW GROUP AIMS TO SPREAD CATHOLIC TEACHINGS ON DEATH PENALTY VIA FACEBOOK, PLAYS, PODCASTS, AND OTHER INNOVATIVE MEDIA A new Catholic initiative against capital punishment - the Catholic Mobilizing Network to End the Use of the Death Penalty - was launched January 25 at a press briefing during the annual conference of the National Coalition to Abolish the Death Penalty in Harrisburg, Pa. Among those participating in the briefing were John Carr, director of the Department of Justice, Peace and Human Development of the U.S. Conference of Catholic Bishops, and Sister Helen Prejean, CSJ, author of the best-selling book Dead Man Walking. The event also featured the awarding of the NCADP's annual "Torch of Conscience" award to Cardinal Theodore McCarrick, retired archbishop of Washington, D.C., for his anti-death-penalty efforts. The USCCB's Carr accepted the award on behalf of McCarrick, who was on a diplomatic mission in Gaza. Spokespersons for the Catholic Mobilizing Network say it will collaborate with the USCCB, the NCADP and national and state anti-death-penalty groups to inform and activate U.S. Catholics, especially young ones, about why capital punishment should be ended. Targets for its message include Catholic dioceses, colleges and universities, and elementary and high schools. "It's new urgency, new partners, and new tools," Carr said. "But the message is the same - human dignity is a gift from God, not something we earn by our good behavior." The initiative was begun with seed money from the Sisters of St. Joseph of Medaille, the religious congregation to which Prejean belongs. The media tools the network plans to employ include plays, walks, vigils, the Internet social site Facebook, podcasts, and educational materials about the death penalty posted in English and Spanish on its website, www.catholicsmobilizing.org. Plans also call for the sponsorship of workshops designed to educate parishioners about the church's teachings on the issue. Prejean, who speaks frequently on college campuses, said she has seen how "hungry" students are "to participate in substantive exchanges on important issues." Noting that many students are "looking for soul-sized activities," she voiced the hope that the group might encourage them to visit prisons, write to death row inmates, and reach out to family members of murder victims. 13) BILL TO END FEDERAL DEATH PENALTY REINTRODUCED As he has done in several previous sessions of Congress, Sen. Russ Feingold (D-Wis.) on March 19 reintroduced legislation (Senate Bill 650) called the Federal Death Penalty Abolition Act of 2009. It would forbid the use of the death penalty as a sentence for violations of federal law and would put an immediate halt to executions carried out by the federal government. Calling the practice "inconsistent with basic American principles of justice, liberty and equality," Feingold said the repeal of New Mexico's capital punishment law the previous day "adds to the growing momentum behind ending the death penalty.... It is truly unfortunate that we are in a shrinking minority of countries that continue to allow state-sponsored executions." Capital punishment at the federal level was reinstated in 1988 via a law that provided for the death penalty for murders committed as part of a drug-kingpin conspiracy. Its scope was extended significantly in a 1994 omnibus crime bill to include some 60 federal offenses. Three men have been executed under the law in recent years. There are 55 inmates on the federal death row. 14) ANNUAL "FAST & VIGIL" SET FOR JUNE 29-JULY 2 A number of Catholic-oriented groups - including the Leadership Conference of Women Religious, the Marianist Justice Collaborative, National Benedictines for Peace, the Dorothy Day Catholic Worker House, and CACP - are among the cosponsors of the 16th annual Fast and Vigil to Abolish the Death Penalty, to be held June 29 through July 2 in front of the U.S. Supreme Court Building in Washington, D.C. Principal organizer of the event is the Abolitionist Action Committee. The event commemorates the Supreme Court's June 29, 1972 Furman v. Georgia decision, which found the death penalty to be applied in an arbitrary and capricious manner. At that time, more than 600 condemned inmates had their sentences reduced to life imprisonment, and states were forced to rewrite their death penalty laws. July 2 is the anniversary of the 1976 Gregg v. Georgia decision, which allowed executions to resume. Information about the event is available from the AAC at 800-973-6548 or at the website www.abolition.org/fastandvigil 15) SOTOMAYOR MEMO ON DEATH PENALTY CITED A conservative group has criticized U.S. Supreme Court nominee Sonia Sotomayor for having signed a 1981 anti-death-penalty memo saying that "capital punishment is associated with evident racism in our society." The Manassas, Va.-based Judicial Confirmation Network said the document, written when Sotomayor was on the board of the Puerto Rican Legal Defense and Education Fund, offers a window into her thinking on the issue. Sotomayor, a Catholic, was one of three board members of the Puerto Rican advocacy group to sign the memo, which urged the full board to take a position opposing the restoration of the death penalty in New York State. Sotomayor served on the board from 1980 until she became a federal judge 12 years later. "The death penalty is final," the memo said. "It eliminates all possibility of the reform of the offender." It added that capital punishment was disproportionately applied to minorities and the poor and was not an effective deterrent to crime. An article in the Washington Post quoted Cesar Perales, the current president of the fund (now known as LatinoJustice PRLDEF), as saying that the driving force behind the 1981 document was another board member, Joseph P. Fitzpatrick, a Jesuit priest who is now deceased. 16) OBSERVATIONS: A SILVER LINING As the saying goes, there’s a silver lining to every problem, and so it is with the current recession. In an interview with the Irish Times earlier this year, the Death Penalty Information Center's Richard Dieter noted that the number of death sentences imposed in the U.S. in 2008 was the lowest since executions resumed in 1976. He attributed this not so much to moral and legal arguments against the death penalty, but to the economic realities of cash-strapped state and local governments. "At a time when states are cutting back on teachers, police officers, health care, infrastructure and other vital services," he said, "citizens are increasingly concerned that the death penalty is not the best use of their limited resources. If you're a politician and you have to cut something, do you want fewer police officers on the streets, or do you cut one death penalty and save a few million dollars?" Speaking of the effects of the recession, we apologize for the large gap between the last issue of CACP News Notes (December 5, 2008) and this one. This spring, the legislatures of all 50 U.S. states were in session, and, as the preceding pages show, the issue of the death penalty was a subject of lively debate in numerous state capitols. We delayed publication so that our roundup of the news could be as comprehensive as possible. Had our financial situation been more stable, we would have published two issues - one in the first quarter of the year and another now - to report on these happenings in a more timely way. Not that we're complaining. As you can see from the chart below, CACP managed to break even last year. Two factors made this possible: 1) Only three issues of the newsletter were published instead of the customary four, and 2) Despite the recession, members and friends continued to be as generous in their support of CACP as their means allowed. For this, and for all your prayers, and for your encouragement in the form of letters and e-mails, we thank you, and wish you a pleasant summer. Ellen and Frank 17) CACP'S ANNUAL FINANCIAL REPORT FOR 2008 INCOME Contributions: $8,050.28 EXPENSES Printing: $4,209.39 Postage/PO box rental: $2,545.85 Bank charges: $87.00 Supplies/publications: $313.07 Advertising/contributions to other org's.: $60.00 Website/computer/fax charges: $475.05 Salaries/travel: 0 Total expenses: $7,690.36 DEFICIT AS OF 1/1/08: -$336.18 SURPLUS AS OF 1/1/09: $23.74