Legislature(1993 - 1994)
01/28/1994 01:15 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
January 28, 1994
1:15 p.m.
MEMBERS PRESENT
Rep. Brian Porter, Chairman
Rep. Jeannette James, Vice-Chair
Rep. Pete Kott
Rep. Gail Phillips
Rep. Joe Green
Rep. Cliff Davidson (arrived at 1:45 p.m.)
Rep. Jim Nordlund
MEMBERS ABSENT
None
OTHER LEGISLATORS PRESENT
Rep. Jerry Sanders
COMMITTEE CALENDAR
HB 162: "An Act authorizing capital punishment,
classifying murder in the first degree as a
capital felony, and establishing sentencing
procedures for capital felonies; authorizing an
advisory vote on instituting capital punishment;
and providing for an effective date."
HEARD AND HELD
WITNESS REGISTER
MAYDULENO ROSE-AUILA
Amnesty International
9000 W. Washington Blvd., 2nd Floor
Culver City, CA 91001
Phone: (310) 815 0450
POSITION STATEMENT: Testified against HB 162
WEV SHEA, Attorney
11330 Filmore
Anchorage, AK 99516
Phone: 344-3960
POSITION STATEMENT: Testified against HB 162
(via teleconference)
MARIETTA JAEGER
Murder Victims Families for Reconciliation
2002 Clarkdale
Detroit, MI 48209
Phone: (313) 962-2650
POSITION STATEMENT: Testified against HB 162
STEVEN McCOY
7749 Old Harbor
Anchorage, AK 99504
Phone: 337-6138
POSITION STATEMENT: Testified against HB 162
(via teleconference)
JEFF SILVERMAN
Alaska Federation of Natives
1577 C St., Ste. 100
Anchorage, AK 99501
POSITION STATEMENT: Testified against HB 162
(via teleconference)
PAT RAWERT
P.O. Box 222
Fairbanks, AK 99707
Phone: 452-8251
POSITION STATEMENT: Testified against HB 162
(via teleconference)
DALEE SAMBO
Alaska Intertribal Council
308 G. St., Ste. 225
Anchorage, AK 99501
Phone: 277-2482
POSITION STATEMENT: Testified against HB 162
(via teleconference)
SCOTT STERLING, Attorney
900 Susitna Dr.
Wasilla, AK 99654
Phone: 227-3533
POSITION STATEMENT: Testified against HB 162
(via teleconference)
NANCY SHAFER
Justice Center
University of Alaska, Anchorage
3211 Providence Dr.
Anchorage, AK 99508
Phone: 786-1810
POSITION STATEMENT: Testified about deterrence studies
(via teleconference)
JIM CANNON, Attorney
P.O. Box 70891
Fairbanks, AK 99707
POSITION STATEMENT: Testified against HB 162
(via teleconference)
KIM McGEE
2428 Tulik
Anchorage, AK 99517
POSITION STATEMENT: Testified on behalf of Religious
Society
of Friends in opposition to HB 162
(via teleconference)
BRANT McGEE, Director
Office of Public Advocacy
900 W. 5th, Suite 525
Anchorage, AK 99501
Phone: 272-1684
POSITION STATEMENT: Testified against HB 162
(via teleconference)
ROBERT ANDERSON
1429 Wilbur
Fairbanks, AK 99701
POSITION STATEMENT: Testified in favor of HB 162
(via teleconference)
KEVIN McCOY, Attorney
1113 N St.
Anchorage, AK 99501
Phpne: 272-4972
POSITION STATEMENT: Testified against HB 162
(via teleconference)
AVERIL LERMAN
927 W. 19th Ave.
Anchorage, AK 99503
Phone: 279-6767
POSITION STATEMENT: Testified against HB 162
(via teleconference)
RACHEL KING
Alaskans Against the Death Penalty
P.O. Box 202296
Anchorage, AK 99502
POSITION STATEMENT: Testified against HB 162
(via teleconference)
CYNTHIA STROUT, Attorney
360 K St.
Anchorage, AK 99501
POSITION STATEMENT: Testified against HB 162
(via teleconference)
MARY GEDDES, Attorney
2544 Forest Park Dr. #2
Anchorage, AK 99517
Phpne: 258-5751
POSITION STATEMENT: Testified against HB 162
(via teleconference)
JANA VARRATI
7030 Foothill Dr.
Anchorage, AK 99504
Phpne: 333-0719
POSITION STATEMENT: Testified against HB 162
(via teleconference)
BARBARA HOOD
Area Coordinator
Amnesty International
2413 Lord Baranof
Anchorage, AK 99517
Phone: 243-7374
POSITION STATEMENT: Testified against HB 162
(via teleconference)
FRANK SMITH
P.O. Box 1199
Barrow, AK 99723
Phone: 852-4983
POSITION STATEMENT: Testified against HB 162
(via teleconference)
JOHN CREIGHTON
Amnesty International
P.O. Box 7022
Bethel, AK 99559
Phpne: 543-4174
POSITION STATEMENT: Testified against HB 162
(via teleconference)
PREVIOUS ACTION
BILL: HB 162
SHORT TITLE: CAPITAL PUNISHMENT FOR MURDER
BILL VERSION: SSHB 162
SPONSOR(S): REPRESENTATIVE(S) SANDERS,Olberg,Bunde,Kott,
Vezey,James
JRN-DATE JRN-PG ACTION
02/18/93 380 (H) READ THE FIRST TIME/REFERRAL(S)
02/18/93 380 (H) JUDICIARY, FINANCE
02/22/93 421 (H) COSPONSOR(S): BUNDE
02/24/93 445 (H) COSPONSOR(S): KOTT
03/01/93 495 (H) COSPONSOR(S): VEZEY
03/02/93 510 (H) COSPONSOR(S): JAMES
11/16/93 (H) MINUTE(JUD)
11/16/93 (S) MINUTE(JUD)
01/19/94 2109 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
01/19/94 2109 (H) JUDICIARY, FINANCE
01/26/94 (H) JUD AT 01:15 PM CAPITOL 120
01/26/94 (H) MINUTE(JUD)
01/28/94 (H) JUD AT 01:15 PM CAPITOL 120
ACTION NARRATIVE
TAPE 94-11, SIDE A
Number 000
The House Judiciary Standing Committee meeting was called to
order at 1:23 p.m. on January 28, 1994. A quorum was
present. Chairman Porter announced the continuation of the
hearing on HB 162, Capital Punishment for Murder. Chairman
Porter also notified the committee that the confirmation
hearing for Attorney General appointee Bruce Botelho was
cancelled.
HB 162 - CAPITAL PUNISHMENT FOR MURDER
Number 107
MAYDULENO ROSE-AUILA, Regional Director, Amnesty
International, testified against HB 162. Mr. Rose-Auila
said capital punishment shows evidence of racism and the
cost is excessive. He cited a study that shows more people
in favor of life without parole than capital punishment.
Number 213
WEV SHEA, an Anchorage attorney and former U.S. attorney,
testified against HB 162. He indicated that he had
recommended the death penalty in two cases at the federal
level. Mr. Shea said the Department of Law and the
governor's office were not qualified to carry out capital
punishment. He also said Alaska does not need a death
penalty at this time, and that HB 162 is unconstitutional.
Number 331
REP. PORTER discussed HJR 43, relating to victims rights,
and said it was going through the process.
Number 337
REP. KOTT asked when and if Alaska would need a death
penalty.
MR. SHEA discussed checks and balances, and said the federal
system provides excellent checks and balances in death
penalty issues.
Number 440
MARIETTA JAEGER, representing Murder Victims Families for
Reconciliation, testified against HB 162. Ms. Jaeger shared
her experience with the committee as the mother of a seven
year old daughter that was kidnapped and murdered in
Montana. Her daughter's killer was offered the alternative
of life in prison without the possibility of parole, which
he accepted, and then confessed to her daughter's murder and
others.
MS. JAEGER continued, saying proponents of the death penalty
say it is for the benefit of the family, and she strongly
disagrees, saying it is vindictive and adds to the violence
spiral.
Number 562
STEVE McCOY, an elementary school teacher in Anchorage,
testified against HB 162. He related experiences his
students had with the death penalty and the harm he felt it
caused them.
Number 613
JEFF SILVERMAN testified on behalf of the Alaska Federation
of Natives (AFN) in opposition to HB 162. Mr. Silverman
stated that the death penalty is unfair to minorities and
unbalanced.
Number 634
PAT RAWERT of Fairbanks testified against HB 162. Ms.
Rawert stated that society is becoming more like criminals,
and the death penalty would only reinforce violence in
society.
Number 661
DALEE SAMBO testified on behalf of the Alaska Intertribal
Council in opposition to HB 162. Ms. Sambo told the
committee that it is critical to point out that indigenous
people are distinct people with distinct rights and only by
population are a minority. She said in the event of a death
penalty that it would disproportionally fall on Native
people.
Number 789
SCOTT STERLING, an Anchorage attorney, testified against
HB 162 and asked that his written statement be added to the
record.
TAPE 94-11, SIDE B
Number 108
NANCY SHAFER, Justice Center, University of Alaska,
Anchorage, said she was asked to testify about deterrence
studies. Ms. Shafer explained how the studies are conducted
and briefly discussed a number of studies that find little
or no impact on deterrence in states that have the death
penalty. Ms. Shafer suggested very strongly that virtually
every study is flawed in some fashion because of incomplete
data from the 1930's through 1950's, and also because there
is no way to know how aware the public is regarding the
status of the death penalty in their state.
Number 262
JIM CANNON, a Fairbanks attorney, said that he was
testifying against HB 162 as his personal opinion. Mr.
Cannon discussed a book which concludes there is no known
deterrence for murder because of the death penalty, and
cited other studies that draw the same conclusion. He
concurred with Mr. Shea's assessment that the Attorney
General's Office does not have the expertise to prosecute
death penalty cases. Mr. Cannon asked the committee to
consider if we are morally entitled to make a decision of
this kind.
Number 383
KIM McGEE testified from Anchorage against HB 162 on behalf
of the Religious Society of Friends, better known as
Quakers. Ms. McGee said the death penalty is an affront to
life and devalues life.
Number 437
BRANT MCGEE, Director, Office of Public Advocacy (OPA),
testified that there is no evidence that the death penalty
saves money, and asked the committee to take note of OPA's
fiscal note.
Number 510
ROBERT ANDERSON of Fairbanks testified that he is in favor
of HB 162.
Number 567
KEVIN McCOY, an Anchorage attorney, testified against HB
162. Mr. McCoy endorsed Mr. Shea's comments and pointed out
that Alaskan judges don't hesitate to use sentencing to
ensure the offender will die in jail.
Number 678
AVERIL LERMAN testified against HB 162 and supported Rep.
Bettye Davis' earlier request to study the impact of the
death penalty on minorities. Ms. Lerman discussed Alaska's
historical relationship with the death penalty and cited
statistics on whites versus minorities in Alaska given the
death penalty.
Number 799
RACHEL KING, Alaskans Against the Death Penalty (AADP),
testified against HB 162. Ms. King stated that AADP is a
group of people that joined together to opposed HB 162 for
the following reasons: excessive cost, the fact that the
death penalty does not deter murder, and racial disparity.
Ms. King added that there are better alternatives to the
death penalty.
Number 842
CYNTHIA STREET, an Anchorage attorney, addressed concerns
relating to minors under the proposed juvenile waiver. Ms.
Street said that HB 162 doesn't exempt minors, and she
doesn't believe society should be executing sixteen year
olds. She said she opposes HB 162.
TAPE 94-12, SIDE A
Number 002
MARY GEDDES, an Anchorage attorney, testified against
HB 162. Ms. Geddes cited the economic costs, psychic, and
emotional toll the death penalty exacts on society.
Number 145
JANA VARRATI testified from Anchorage against HB 162. She
asked about the cumulative costs of the fiscal notes for
HB 162 and said the costs are mind boggling. Ms. Varrati
proposed putting the issue on the ballot with a special
dedicated tax to support the executions, with the point
being an execution couldn't be carried out until there was
enough money.
Number 238
BARBARA HOOD, area coordinator for Amnesty International,
testified in opposition to HB 162 and endorsed the testimony
of Mr. Rose-Auila.
Number 334
FRANK SMITH testified from Barrow against HB 162. Mr. Smith
described his corrections background and presented a
historical review of the death penalty. He said the death
penalty does not deter capital crimes.
Number 433
JOHN CREIGHTON testified from Bethel on behalf of Amnesty
International in opposition to HB 162.
Number 550
Rep. Porter concluded the teleconference and public
testimony and indicated that the committee would rap up the
hearing on HB 162 on Monday, January 31.
ADJOURNMENT
CHAIRMAN PORTER adjourned the meeting at 3:45 p.m.
| Document Name | Date/Time | Subjects |
|---|