HOUSE FINANCE COMMITTEE JANUARY 29, 1998 1:40 P.M. TAPE HFC 98 - 11, Side 1 TAPE HFC 98 - 11, Side 2 TAPE HFC 98 - 12, Side 1 CALL TO ORDER Co-Chair Gene Therriault called the House Finance Committee meeting to order at 1:40 p.m. PRESENT Co-Chair Hanley Representative Kelly Co-Chair Therriault Representative Kohring Representative Davies Representative Martin Representative Davis Representative Moses Representative Grussendorf Representative Mulder Representative Foster was absent from the meeting. ALSO PRESENT Senator Jerry Ward; Senator Lyda Green; Jim McComas, Alaskans Against the Death Penalty, Juneau; Peggy Burgin, Anchorage; Dale Kelly, Alaskans Against the Death Penalty, Anchorage; Vicki Otte, Alaska Natives Justice Center, Anchorage; Ron Reed, Juneau; Patricia Paddock, Douglas; Isabel Hesson, Juneau; William Cole, Physician, Juneau; Charles Campbell, Juneau; Cami Moline, Juneau; Chip Wagoner, Juneau; Lizzie Berne, Douglas; Mary J. Horton, Juneau; Ellen Campbell, Juneau. The following testified via the teleconference network: Stephen V. O'Connor, Anchorage; Lisa Fitzpatrick, Anchorage; Jennifer Fiess, Attorney Anchorage; Rich Curtner, Anchorage; Barbara Hood, Anchorage; Jennifer Rudinger, Alaska Civil Liberties Union (ACLU); Barbara Brink, Alaska Public Defenders Agency; Christine Davidson, Anchorage; Cari Stoddard, Anchorage; Dana Lederhos, Anchorage; Leslie Hiebert, Office of Public Agency; Karen Button, Anchorage; Richard Heacock, Alaska Christian Conference. SUMMARY SB 60 "An Act providing for an advisory vote on the issue of capital punishment." SENATE BILL NO. 60 "An Act providing for an advisory vote on the issue of capital punishment." RON REED, JUNEAU testified via the teleconference network in opposition to SB 60. (Mr. Reed's full written testimony is on file.) He maintained that the State would spend half of the Department of Law's current budget to obtain the first execution. He asserted that there is an inherent bias in the criminal justice system. He observed that the percentage of Alaska Natives incarcerated is twice as high as the percentage of Alaska Natives in the general population. He pointed out that all three of the executions that took place in Juneau, prior to 1957, involved minorities, despite the fact that 74 murders were committed by Caucasians. Between 1903 and 1957 three-quarters of all hangings, in Alaska, were of Natives and Blacks, while three-quarters of the murders were committed by Caucasians. Mr. Reed maintained that capital punishment does not deter crime. He asserted that due to presumptive sentencing the state of Alaska incarcerates a higher percentage of its population than the national average. Mr. Reed maintained that there has not been an "explosion" of crime in Alaska. He asserted that money needed to implement capital punishment would be better spent in other ways. SENATOR ROBIN TAYLOR, SPONSOR OF SB 60 spoke in support of the legislation. He observed that SB 60 would seek the advice of Alaskan voters on the issue of capital punishment. He emphasized that SB 60 would not impose the death penalty in Alaska. He maintained that opinion polls reflect Alaskans' desire for capital punishment. He argued that life without parole is a death penalty. He noted that a March 1996 poll, conducted in Alaska, showed that 62 percent of those polled favored the death penalty over life without parole. He observed that support for capital punishment crossed all demographics, including location, gender, age, party affiliation, employment status and length of time in the community. He stressed that Alaska has one of the youngest, best educated and well read populations in the Nation. He maintained that Alaskans will cast votes based on information, not emotion. He emphasized that the cost of the ballot issue would be approximately $3,000 thousand dollars. Representative Davies questioned why an advisory vote would be preferred over a poll. Senator maintained that an advisory vote is the most effective poll. He observed that he has sponsored or co-sponsored every capital punishment bill before the legislature for the past 13 years. He pointed out that none have been enacted. He asserted that the public is ready to participate in a debate on capital punishment. STEPHEN V. O'CONNOR, ANCHORAGE testified via the teleconference network in opposition to SB 60. He observed that he has a BA in Criminal Justice. He asserted that the death penalty has been used in a discriminatory manner and is costly in time and effort. He pointed out that capital punishment is not reversible. He maintained that capital punishment is not effective as a deterrent. He claimed that capital punishment legislation is politically motivated. LISA FITZPATRICK, ANCHORAGE testified via the teleconference network in opposition to SB 60. She stressed that it is the responsibility of the Legislature to determine if the death penalty is an appropriate form of punishment. She maintained that an advisory vote invites a response based on fear and anger. She stressed that the public does not have the information available to legislators. JENNIFER FIESS, ATTORNEY ANCHORAGE testified via the teleconference network in opposition to SB 60. She stated that she worked as an attorney in New York City for 10 years. New York has had the death penalty for 2 years and has yet to put someone on trial. She asserted that the advisory vote promotes people's reactions based on vengeance without knowledge of how capital punishment is administered. She emphasized that there is a large capacity for human error. She maintained that the person on the street does not understand the complexity of capital punishment. She emphasized that mercy is a component of justice SENATOR JERRY WARD, spoke in support of SB 60. He noted that he was also speaking on behalf of Senator Lyda Green. He maintained that Alaskans should be allowed to vote on the enactment of capital punishment. He stressed that "there is no way, that someone who has committed murder, that is executed, will ever murder again". He observed that execution is final. RICH CURTNER, ATTORNEY, ANCHORAGE testified via the teleconference network in opposition to SB 60. He stated that he prosecuted capital punishment cases for 10 years in Ohio before he moved to Alaska. He observed that there are 150 people on death row in Ohio. He observed that there has not been an execution since capital punishment was implemented in Ohio. He stressed that the cost has been enormous. He maintained that it is 6 times more expensive for a death penalty case than a case involving life in prison without parole. He emphasized the high emotional cost on those that implement capital punishment. BARBARA HOOD, ANCHORAGE testified via the teleconference network in opposition to SB 60. She emphasized that there is a high human cost. She works with a support group for victims' families, Murder Victims' Families for Reconciliation. She stated that, in many instances, families urge against capital punishment. She quoted the group's founder, Marie Deans: The death penalty is a false God promising to bring justice and closure to victims' families. There is no justice for murder. You cannot give enough time in prison, and you cannot kill enough people to make up for the precious, unique human life that murder takes. Instead, we must put the vast resources we spend on killing a small percentage of murderers into preventing homicides. Ms. Hood also quoted form Celeste Dixon. She noted that Ms. Dixon was a supporter of capital punishment throughout the trial of the man accused of killing her mother. However, when she saw the defendant's mother crying and learned that he had been abused as a child, she couldn't stop thinking of him as a person. (Due to time considerations Ms. Hood was unable to finish her testimony. A copy of her additional remarks is available on file.) JENNIFER RUDINGER, ALASKA CIVIL LIBERTIES UNION (ACLU) testified via the teleconference network in opposition to SB 60. (Ms. Rudinger's written remarks are on file.) She emphasized that the system is fallible. She asserted that voters should know that there are racial disparities in the charging, sentencing, and imposition of the death penalty. BARBARA BRINK, ALASKA PUBLIC DEFENDERS AGENCY testified via the teleconference network in opposition to SB 60. She expressed surprise that such an important criminal justice issue is being considered for an advisory vote. She observed that there are a lot of related factors and maintained that the "big picture" is within the legislative providence to decide. She observed that death penalty cases are more expensive. She stressed that California spends $15 million dollars and Texas spends $2.3 million dollars per execution. CHRISTINE DAVIDSON, ANCHORAGE testified via the teleconference network in opposition to SB 60. She stressed that capital punishment is expensive. She maintained that the death penalty is based on vengeance. She suggested that funding be spent on education rather than on implementing capital punishment. She stressed that there is a difference between vengeance and justice. CARI STODDARD, ANCHORAGE testified via the teleconference network in opposition to SB 60. She noted that errors have been made in capital punishment cases. She cited an Illinois case where a falsely convicted person was released after 10 years on death row. She emphasized that people and governments make mistakes. DANA LEDERHOS, ANCHORAGE testified via the teleconference network in opposition to SB 60. She maintained that people are better than the worst thing they ever did in their life. LESLIE HIEBERT, OFFICE OF PUBLIC AGENCY testified via the teleconference network in opposition to SB 60. She did not think that the advisory vote would provide legislators with any meaningful advice needed to make a reasoned decision on the issue. She alleged that an advisory vote would shift the Legislature's responsibility. KAREN BUTTON, ANCHORAGE testified via the teleconference network in opposition to SB 60. She observed the seriousness of the issue. She stressed the need to end violence, not "reenact it." (Tape Change, HFC 98 -11, Side 2) Ms. Button acknowledged that she has not always been in favor of capital punishment. She stated that money should be put toward crime prevention. RICHARD HEACOCK, ALASKA CHRISTIAN CONFERENCE testified via the teleconference network in opposition to SB 60. Mr. Heacock noted that the Alaska Christian Conference adopted a resolution in opposition to the death penalty (copy on file). Senator Taylor replied to remarks by testifiers. He maintained that the 1987, Stanford study was badly flawed. He observed that the authors subsequently stated that it has not been proven that any of the executed defendants were proven innocent. Senator Taylor noted that six percent of juveniles convicted of murder and paroled in 1978 were arrested for murder again within 6 years. Co-Chair Therriault observed that, if SB 63 is passed, some of these offenders would be waived into adult court. Senator Taylor emphasized that legislation to implement capital punishment has not been crafted. He observed that young offenders could be excluded. He observed that capital punishment could be implemented with a broad or narrow interpretation. Senator Taylor stated that in 1984, an estimated 810 defendants convicted of murder had committed 821 new murders. He maintained that the execution of these defendants would have saved 821 lives. Senator Taylor noted that FBI crime reports revealed that in 1993, criminals released on parole, probation or pre-trial release murdered 7,700 people. Nine to 15 percent of those on death row in 1994, had committed at least one additional murder prior to the murder for which they were sentenced to death. Senator Taylor quoted the poet Hyam Barshay: "The death penalty is a warning, just like a lighthouse throwing beams out to sea. We hear about shipwrecks, but we do not hear about the ships the lighthouse guides safely on their way. We do not have proof of the number of ships it saves, but we do not tear the lighthouse down." Senator Taylor argued that race of the victim or defendant does not play a major role. He stated that, according to 1995 NAACP Legal Defense Fund statistics, 82 percent of murder victims in death penalty cases were white and 13 percent were black. Of these, 47 percent of the defendants were black and 38 percent were white. He added that 56 percent of those executed were white and 38 percent were black. He stated that the 1981 American Sociological Review concluded that there is no evidence of system wide discrimination in the imposition of the death penalty beyond the 1950's. Senator Taylor acknowledged the cost associated with capital punishment cases. He maintained that millions of dollars are saved by allow defendants facing a death penalty to plead for life without parole. Senator Taylor observed that there is a big difference between a vote to change the constitution and an advisory vote. Senator Taylor emphasized that there are 38 states that are using capital punishment as a prosecuting tool. He asked how life in prison without benefit of parole is anything other than a death sentence. JIM MCCOMAS, ALASKANS AGAINST THE DEATH PENALTY refuted statements by Senator Taylor. He observed that the study in the Stanford Law Review was written by two assistant U.S. attorneys, who were told to write a quotable piece to support the death penalty. He maintained that it was not an independent finding. Mr. McComas provided members with a report titled, "Innocence and the Death Penalty", by the Subcommittee on Civil and Constitutional Rights, Judiciary Committee, U.S. Congress, 1993 (copy on file). He observed that the report found that there have been 48 cases of innocent individuals released from death row since 1973. Mr. McComas referred to Senator Taylor's statement that 810 defendants convicted of murder had committed 821 new murders. He clarified that these statistics were based on a letter to the editors of the Stanford Law Review from someone who studied 32,000 thousand people convicted of homicide. He noted that, according to these statistics, 1 percent of people convicted of homicide commit another homicide. He observed that not all of the 810 offenders were "death eligible." He noted that the U.S. Supreme Court has held that aggravated first-degree murder is the only offense that can carry a death sentence. Mr. McComas stressed that the voters may have different ideas about what capital punishment legislation would be enacted. He pointed out that the Senator Taylor has sponsored substantive death legislation. Mr. McComas maintained that 78 percent of Alaskans think that first-degree murders will be released within 20 years. He asserted that there has not been a case in the state of Alaska where a person convicted of first-degree murder was released and subsequently committed an additional murder. He stated that no person convicted of first degree murder in the state of Alaska has ever killed another inmate or prison guard. Mr. McComas emphasized that the money used to implement the death penalty could be spent on child protection and alcohol intervention. He observed that it is an emotionally charged issue that divides communities. He maintained that the odds of being sentenced to death are four times greater if a white person is killed than if a black person is killed. PEGGY BURGIN, ANCHORAGE testified in opposition to SB 60. Her daughter was murdered in Anchorage. She stated that she did not want to be responsible for someone else's death. She emphasized the need for prevention. DALE KELLY, ALASKANS AGAINST THE DEATH PENALTY, ANCHORAGE testified in opposition to SB 60. She asserted that many Alaskans are uninformed in regards to capital punishment. She did not think that a ballot question would provide sufficient information. She noted that it would take millions to enact the legislation due to federal safeguards and guidelines. She urged that the estimated $50 million dollars needed to implement capital punishment legislation be used to support children. VICKI OTTE, ALASKA NATIVES JUSTICE CENTER, ANCHORAGE testified in opposition to SB 60. She observed that the Alaska Native Justice Center, the Alaska Federation of Natives, and the Alaska Intertribal Councils unanimously oppose the reinstatement of capital punishment. She asserted that Alaskans do not have enough information to make a decision. She suggested that money that would be spent on implementing the death penalty be spent on things that will benefit children. ISABEL HESSON, JUNEAU testified in opposition to SB 60. She maintained that it is wrong to take a life. WILLIAM COLE, PHYSICIAN, JUNEAU testified in opposition to SB 60. He stressed that the death penalty is administered with prejudiced against the poor and minorities. He emphasized that it is a great responsibility to kill someone. He maintained that unless an individual is willing to have the matter of life and death in their personal hands, they should not vote for the death penalty. CAMI MOLINE, JUNEAU testified in opposition to SB 60. She stressed the difficulty of teaching children to be nonviolent. She maintained that capital punishment is at its core violent. She asserted that the ballot question would exploit people that do not know the facts. She alleged that capital punishment has not been proven to deter violent crime, that it costs millions of dollars to put one prisoner to death, and that those that are chosen to die are poor men of color. She emphasized that an execution will not take away the family's grief. CHARLES CAMPBELL, JUNEAU testified in opposition to SB 60. He stated that a person that murders a white person is almost 5 times as likely to be executed than someone who murders a black person. He observed that the American Bar Association passed a resolution calling for a moratorium in the use of the death penalty. He noted that their decision was based on concerns that poor offenders are inadequately represented. He observed that the federal government eliminated all funding for death penalty legal resource centers across the country. He maintained that there will always be outrageous inequities in the administration of capital punishment. He asserted that capital punishment is "absurdly expensive, has no value as a deterrent and is destructive in other ways." He observed that Russia, Ukraine and South Africa have suspended the death penalty. CHIP WAGONER, JUNEAU testified in opposition to SB 60. He maintained that "God is watching us." He maintained that the bar of civilization and justice has been raised. He asserted that capital punishment would lower the bar. He asked why there should be an advisory vote if the answer is already known. He argued that an advisory vote is not the ultimate poll. He stated that the question is simplistic. He asserted that a neutral poll would give better answers than an advisory vote. He maintained that a ballot question places a burden on members of the faith community that would fight against capital punishment. He noted that he is a former chairman of the Southeast Republicans. He emphasized the intensity of the issue. LIZZIE BERNE, DOUGLAS testified on SB 60. She referred to HCS CSSB 60 (JUD). She observed that the committee substitute would require voters to consider how much it costs to execute someone versus what it would cost to let them live their life in prison. She maintained that the committee substitute indicates that certain human lives have a monetary value. She observed that Senator Taylor stated that people should use information not emotions to make their decision. She emphasized that emotions make us human. MARY J. HORTON, Juneau testified in opposition to SB 60. She stated that she respects the lives of those that are unborn and those that are born. She maintained that life without parole allows the offender an opportunity to change. She stressed that there are more important things to spend the money and time on. ELLEN CAMPBELL, JUNEAU testified in opposition to SB 60. She stated that she has been a prison volunteer. She noted the difficult choice facing legislators. She stressed that legislators have an opportunity to stand for that, which is best. SB 60 was HELD in Committee for further consideration. ADJOURNMENT The meeting adjourned at 3:36 p.m. House Finance Committee 9 1/29/98