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October 18, 2016

Oregon Gov pledges to continue moratoriaum on executions if elected to a new term

As reported in this local article from Oregon, headlined "Brown to maintain death penalty moratorium," the chief executive in the Beaver State is promising not to execute those laws calling for excutions of condemned murderers. Here are the details:

The governor plans to continue a state moratorium on capital punishment that would extend through her upcoming term if elected, a spokesman said Monday morning. "Gov. Kate Brown has made clear her personal opposition to the death penalty and her support of the current moratorium on Oregon executions," spokesman Bryan Hockaday told The Oregonian/OregonLive.

Former Gov. John Kitzaber announced the moratorium two weeks before the scheduled 2011 execution of Gary Haugen, who then sought to speed his execution after waiving all appeals.  After Brown took over the state's top office in February 2015, she said she would continue the stoppage of public executions until further study.

"Gov. Brown directed her General Counsel to conduct a review of the policy and practical implications of Oregon's capital punishment law," Hockaday said. "Though no executions are imminent, Gov. Brown will continue the death penalty moratorium, because after thoroughly researching the issues, serious concerns remain about the constitutionality and workability of Oregon's capital punishment law." Hockaday declined to immediately release, pending a records request, any study or records related to how the governor made her decision.

Reasons for her decision include the "uncertainty of Oregon's ability to acquire the necessary execution drugs required by statute," Hockaday said by email. "Looking nationally, America is on the verge of a sea change both by legislation and, more profoundly, through court decisions. The past few years have already seen a major shift in the landscape on capital punishment law, and Gov. Brown expects more changes are on the horizon."

Oregon voters approved the death penalty in 1984, and the state and U.S. Supreme Courts have repeatedly upheld its legality. Oregon's death row has 34 prisoners, all of whom stay in their cells 23 hours a day. In the past five decades, the state executed two men -- both in the 1990s. Those men had essentially volunteered for the death penalty after waiving their rights to appeal before their deaths.

Clatsop County District Attorney Josh Marquis, an outspoken supporter of the death penalty in Oregon, a month ago met with Brown counsel Ben Souede about the issue. After hearing the news Monday, Marquis said he was seething. "If she really believes the death penalty is so wrong, then she should have the guts to commute all those sentences," Marquis said.

If she were to take that extraordinary step, Marquis said about six or seven prisoners on death row could be released to the public within a year because they would qualify for an immediate parole hearing. He said those prisoners were sentenced after voters approved the death penalty and before the state adopted life sentences without parole in the early 1990s.

No executions may be imminent, Marquis argued, but at least three cases are pending in Oregon where defendants face aggravated murder charges, which bring a death penalty sentencing option if convicted. Brown's announcement could make it easier for defense attorneys to persuade jurors not to impose the death penalty, he said.

October 18, 2016 at 11:59 PM | Permalink

Comments

Very proud to live and practice law in Oregon: recreational use of marijuana, right of the elderly and incurably sick to choose for themselves when to die, no restrictions on a woman's control over her body, no death penalty in practice, very pro LGBT state, very tolerant and accepting of lifestyles; very environmentally conscious citizenry; generally speaking, great judiciary.

Posted by: Michael R. Levine | Oct 20, 2016 1:07:06 PM

Oregon is a wonderful place to live and work. You're a lucky man!

Posted by: Emily | Oct 21, 2016 8:37:44 AM

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