February 12, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E267 president Abraham Lincoln. We celebrate his vening years taught me that public service causes more suffering to the family members accomplishments, not only because he helped should not be about seeking approval, glory or of murder victims, serves no penal purpose create our party but most of all we covet his fame. Trinkets. They’re nothing more than trin- and commits society to the belief that re- venge is preferable to redemption. ability to unite us. kets.’’ On December 17, 2007, New Jersey became As a member who proudly represents the When Governor Corzine signed the bill abol- the first state in the Union to abolish the 10th district of Illinois, today we can stand tall ishing the death penalty in New Jersey, the death penalty since the U.S. Supreme Court and proudly say we are from the Land of Lin- Sant’Egidio Community, which is at the fore- reinstated it in 1976. When Governor Jon coln. front of the international anti-death penalty Corzine signed the legislation I sponsored It was Abraham Lincoln who so famously movement, arranged for the lighting of the into law, he also commuted the death sen- said, ‘‘Now we are engaged in a great civil Colosseum in Rome. The edifice that once tences of eight human beings. The Commu- war, testing whether that nation, or any nation was the scene of deadly gladiator combat and nity of Sant’Egidio in Rome, Italy, a lay Catholic organization committed to abol- so conceived and so dedicated, can long en- executions was bathed for 24 hours in golden ishing the death penalty throughout the dure.’’ light celebrating New Jersey’s decision to halt world, lit up the Roman Colosseum to cele- As tough as it is, our parents faced worse. executions. A fitting tribute to the work of Sen- brate this victory for human rights. The Depression, World War II, the Cold War. ator Raymond Lesniak. How was this victory achieved? First, by Americans defeated the British Empire and Ray Lesniak is one of the longest serving demonstrating that the death penalty cre- won the Civil War—all tougher times than and most skilled members of the New Jersey ates the possibility of executing an innocent these. History teaches us that each generation Legislature. First elected to the General As- human being. One of our founding founders, sembly in 1977, he has served in the New Benjamin Franklin, quoting the British Ju- is tested. This is ours. rist William Blackstone, said: ‘‘It’s better to If we can learn anything from Lincoln it is Jersey Senate since 1983. His legislative ca- let 100 guilty men go free than to imprison that we must never lose hope—for we have reer is filled with initiatives that have become an innocent person.’’ Yet Governor Corzine faced great adversity in the past and emerged law and ideas that have moved our society and my legislation let no guilty person go the stronger. ahead. His work has been recognized by nu- free. It merely replaced the death penalty As we look to the future and better days, we merous organizations. In 2002, Senator with life without parole, eliminating the pos- must not forget the heroes of our past. Abra- Lesniak was named ‘‘Humanitarian of the sibility of putting to death an innocent ham Lincoln failed in business, lost his Senate Year’’ by Community Access Unlimited for his human being. Byron Halsey could have been legislative efforts on behalf of people with dis- one such human being. On July 9, 2007, Byron race, and saved the Union. As we all face set- walked out of jail a free man after serving 19 backs, his life is an example encouraging us abilities and for providing support to working years in prison for a most heinous crime: the to get up from setbacks and work to win even families and the homeless. In 2003 he was murder of a seven year old girl and an eight against long odds. awarded ‘‘Legislator of the Year’’ by the Med- year old boy. Both had been sexually as- f ical Society of New Jersey for working to saulted, the girl was strangled to death, and make health care more affordable and acces- nails were driven into the boy’s head. Hal- HONORING SENATOR RAYMOND sible, expanding the PAAD low-cost prescrip- sey, who had a sixth grade education and se- LESNIAK FOR WINNING THE ME- tion program to cover more seniors, and ex- vere learning disabilities, was interrogated MORIAL DE CAEN INTER- panding cancer and diabetes research and for 30 hours shortly after the children’s bod- ies were discovered. He confessed to the mur- NATIONAL HUMAN RIGHTS COM- education. He was also honored by the Amer- PETITION ders and, even though his statement was fac- ican Cancer Society, the Polish American tually inaccurate as to the location of the World and the Department of the Public De- bodies and the manner of death, his confes- HON. RUSH D. HOLT fender for his outstanding efforts in the legisla- sion was admitted into evidence in a court of OF NEW JERSEY ture. Ray Lesniak also takes great pride in law. The prosecution sought the death pen- IN THE HOUSE OF REPRESENTATIVES having been the Grand Marshal of the Pulaski alty. Halsey was convicted of two counts of fel- Thursday, February 12, 2009 Day Parade in New York City in 2004. Ray Lesniak is a native of Elizabeth and a ony murder and one count of aggravated sex- Mr. HOLT. Madam Speaker, I rise to con- ual assault. He was sentenced to two life life-long New Jersey resident. He was raised terms: narrowly evading the death penalty gratulate New Jersey State Senator Raymond in a political household where his mother, the by the vote of one juror who held out against Lesniak on winning the Memorial de Caen late Stephanie Lesniak, served as a Demo- it during the sentencing portion of his trial. International Human Rights Competition. Sen- cratic County Committeewoman for 30 years. After spending nearly half his life behind ator Lesniak’s address, entitled ‘‘The Road to She was his biggest fan and supporter and bars, post-trial DNA analysis determined, Justice and Peace’’ was chosen by an inter- the inspiration for his career in government with scientific certainty, that Byron did not national panel of judges over a number of en- until her death in 2003 at the age of 85. She commit the murders. A witness for the pros- tries from all over the world. In his speech, ecution at his trial is now accused of those would be proud that her son has won inter- crimes. Senator Lesniak makes the case that the national recognition for his achievements, but But for the good judgment of that one death penalty has failed, gives examples of not surprised. juror, Mr. Halsey might have been executed, miscarriages of justice and argues that the When Senator Lesniak accepted the award and the real killer would never have been death penalty ‘‘serves no penal purpose and from the Memorial de Caen, he said he was discovered and brought to justice. Stories commits society to the belief that revenge is proud as an American to receive this recogni- like Byron’s are not uncommon. Since 1973, preferable to redemption.’’ tion for the defense of human rights. He is 130 human beings on death rows throughout When New Jersey became the first state to dedicating his first place winnings to The Road the United States have been released from abolish the death penalty since the Supreme jail for being wrongfully convicted. During to Justice and Peace, the non-profit foundation that time over 1,100 prisoners were executed. Court reinstated it in 1976, Senator Lesniak he formed to advance the abolition of the How many of them were innocent? 3,309 re- was the prime sponsor and mover of the bill. death penalty around the globe. Ray Lesniak main on death row throughout the U.S. How His passion for justice, combined with his pa- teaches us that a dedicated public servant, many of them are innocent? How many of tient, consistent leadership on the issue, had who works tirelessly for a goal, can make a the innocent will be executed? achieved victory for a cause he felt so strongly difference that has a far effect. I salute Sen- It could be Troy Davis. He’s been impris- about. ator Lesniak for his life’s work and congratu- oned since 1989 in the State of Georgia for a It was not always the case. Ray Lesniak ad- murder he maintains he did not commit. In late him on winning the International Human one of Davis’s numerous appeals, the Chief mits in the Introduction of his book The Road Rights Competition. His prize winning entry Justice of the Georgia Supreme Court said, to Abolition: How New Jersey Abolished the follows: ‘‘In this case, nearly every witness who iden- Death Penalty, that he was not always a death I come here today not to plead a case for tified Davis as the shooter at trial has now penalty opponent. Early in his legislative ca- a victim whose fundamental human rights disclaimed his or her ability to do so reli- reer, the Senator voted to reinstate the death have been violated. But, rather, to plead the ably. Three persons have stated that Syl- penalty in New Jersey. He tells of how he case that the death penalty violates the fun- vester Coles confessed to being the shooter.’’ feared the unpopularity of a vote to abolish damental human rights of mankind. In my Coles had testified against Davis at the trial. country, the United States of America, over On September 23, 2008, less than two hours and was swayed by the argument that he 3,000 human beings are awaiting execution, before Davis was due to be put to death by might be perceived as ‘‘soft on crime’’. He some for a crime they did not commit. I lethal injection, he received a stay of execu- gave no thought to the morality of the issue or plead the case that the death penalty in the tion by the U.S. Supreme Court. On October to the possibility of executing an innocent per- United States, Iraq, Pakistan, Japan, wher- 14 the stay was lifted and the State of Geor- son. He now says that ‘‘The 20 plus inter- ever, exposes the innocent to execution, gia issued an Execution Warrant for October

VerDate Nov 24 2008 04:38 Feb 13, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A12FE8.046 E12FEPT1 smartinez on PROD1PC64 with REMARKS E268 CONGRESSIONAL RECORD — Extensions of Remarks February 12, 2009 27. Three days before this execution date, the cally acceptable conclusion from the com- speak out against it, wherever it exists, in 11th Circuit Court stayed the execution to plete body of existing social science lit- any shape, in any form. consider a new appeal. erature on deterrence and the death penalty The death penalty is a random act of bru- Will Troy Davis be the next innocent per- is that it’s impossible to tell whether deter- tality. Its application throughout the United son saved from execution, or will he be the rent effects are strong or weak, or whether States is random, depending on where the next innocent person executed? Does the they exist at all.’’ murder occurred, the race and economic sta- death penalty serve any purpose, other than The professors concluded: ‘‘Until research tus of who committed the murder, the race to do harm to everyone involved, and society survives the rigors of replication and thor- and economic status of the person murdered in general? Does the death penalty even con- ough testing of alternative hypotheses and and, of course, the quality of the legal de- sole the families of murder victims? sound impartial peer review, it provides no fense. Not according to 63 family members of basis for decisions to take lives.’’ I’m proud of the people of the State of New murder victims who stated, in a letter to the While the death penalty inevitably exe- Jersey for electing political leaders who New Jersey Legislature: ‘‘We are family cutes the innocent, exacerbates the pain and ended this random act of brutality. And I ap- members and loved ones of murder victims. suffering of families of murder victims and plaud Amnesty International for alerting the We desperately miss the parents, children, serves no penal purpose, the worse damage it good people of the world to the brutality of siblings, and spouses we have lost. We live does is to a society that believes it needs to the Islamic militants in Somalia who stoned with the pain and heartbreak of their ab- seek revenge over redemption. The need for to death that poor girl. sence every day and would do anything to revenge leads to hate and violence. Redemp- No good comes from the death penalty, have them back. We have been touched by tion opens the door to healing and peace. Re- whether it’s imposed by duly elected govern- the criminal justice system in ways we never venge slams it shut. ments, or by radical, religious fanatics. No imagined and would never wish on anyone. A society that turns its back on redemp- good. Our experience compels us to speak out for tion commits itself to holding on to anger The burden of proof in the Court of Public change. Though we share different perspec- and a need for vengeance in a quest for ful- Opinion should be on those advocating for tives on the death penalty, every one of us fillment that can not be met by those de- the death penalty. That burden has not been agrees that New Jersey’s capital punishment structive emotions. Redemption instead met. system doesn’t work, and that our state is opens the door to the space that asks healing Just ask Byron Halsey. Or Troy Davis. Or, better off without it.’’ questions in the wake of violence: questions if you could, that 13-year-old girl. Or more specifically stated by Vicki of crime prevention, questions of why some Schieber whose daughter, Shannon, was human beings put such a low value on life raped and murdered, ‘‘The death penalty is a that they readily take it from others, ques- f harmful policy that exacerbates the pain for tions that help us understand how to help murdered victims’ families.’’ those impacted by violence; questions that HONORING THE NAACP ON ITS Some argue that the death penalty is a de- take a back seat, and are often ignored, 100TH ANNIVERSARY terrent to murder, yet more than a dozen when our minds and emotions are filled with studies published in the past 10 years have a need for revenge. been inconclusive on its deterrent effect. In Thirty-six states and the federal govern- HON. MARK E. SOUDER testimony before the Subcommittee on the ment of the United States still impose the OF INDIANA Constitution, Civil Rights and Property death penalty. The United States has more IN THE HOUSE OF REPRESENTATIVES Rights of the United States Senate Judiciary human beings in prison and more violence Committee in February 2006, Richard Dieter, than just about every other civilized country Thursday, February 12, 2009 Executive Director of the Death Penalty In- in the world. As long as we continue to Mr. SOUDER. Madam Speaker, I rise today formation Center, testified that states with- choose revenge over redemption, it’s likely out a death penalty statute have signifi- in support of H. Con. Res. 35, honoring the we will continue to be a leader in the contributions of the National Association for cantly lower murder rates than their coun- amount of violence and size of our prison terparts with the death penalty. Mr. Dieter population. the Advancement of Colored People, NAACP, also testified that of the four geographic re- It doesn’t have to stay that way. and specifically to pay tribute to the Fort gions in the U.S., the South, which carries When New Jersey abolished its death pen- Wayne/Allen County Branch that serves the out 80% percent of all executions in the alty, it chose redemption over revenge, heal- citizens of northeast Indiana. country, has the highest murder rate. Con- ing over hate, peace over war. We need more As we celebrate the 100th Anniversary of versely, the Northeast, which implements states and our federal government to make the NAACP, it is important to take time to look less than 1 percent of all executions, has the those same choices. lowest murder rate in the nation. Consider the following headlines which ap- back on its accomplishments. Throughout its Even those who believe the death penalty peared side by side in the New York Times: history the NAACP has advanced the cause of can act as a deterrent admit that existing re- ‘‘Iraqi Leaders Say the Way Is Clear for the civil rights and stirred the conscience of our search has inconclusive results. Professor Execution of ‘Chemical Ali’.’’ The other nation. Madame Speaker, whether it was Erik Lillquist of Seton Hall University headline read: ‘‘Bomber at Funeral Kills Doz- standing side by side with Rosa Parks, helping School of Law testified that recent econo- ens in Pakistan.’’ to outlaw the evil practice of lynching, or help- metric studies conclude that the death pen- Both Iraq and Pakistan have the death ing victims of Hurricane Katrina get back on alty can act as a deterrent, but only if the penalty. After the announcement setting the death penalty is implemented in a ‘‘suffi- execution date for ‘‘Chemical Ali,’’ San their feet, the NAACP has stood as a ‘‘voice’’ cient’’ number of cases. Conversely, he also Jawarno, whose father and other family and a ‘‘shield’’ for minority Americans. maintained that other studies suggest that members were killed in attacks directed by Madam Speaker, from its humble begin- executions can cause a ‘‘brutalization ef- ‘‘Chemical Ali’’ said, ‘‘Now my father is rest- nings in a hotel room across from Niagara fect,’’ in which the murder rate actually in- ing in peace in his grave because Chemical Falls, to its current operations across the creases. Ali will be executed.’’ country, the NAACP has grown with our na- Professor Lillquist stated: ‘‘It just may be The two events, the bombing in Pakistan tion. Over the years, it has stayed true to its impossible to know what the deterrent or and the words of the bereaved son whose fa- brutalization effect is here . . . at least as an ther was killed, are not unrelated. We must mission of eliminating racial hatred and racial empirical matter—simply because we’re speak up, at every forum, in our homes, our discrimination. never going to have a large enough database churches, synagogues, mosques and temples, In northeastern Indiana the NAACP, under that can be removed from the confounding in our legislative bodies, wherever an oppor- the new leadership of the Reverend Bill variables, such that we can come to a con- tunity exists, to convince political leaders, McGill, has dedicated itself to improving the clusion. When scientists run studies in gen- community leaders, religious leaders, any- lives of local minority youth. Madam Speaker, eral, we try to do it in a controlled environ- one who will listen, that the death penalty in these difficult economic times the NAACP ment. You can’t do that with murders and has no reason to exist, promotes violence, helps provide these youth with the opportunity the death penalty.’’ and brings peace to no one: in the grave or Jeffrey Fagan, Professor of Law and Public not. they deserve and ensures the promise of our Health, Columbia University and Steven That was to be the end of my plea to abol- nation extends to all our citizens. Durlauf, Kenneth J. Arrow Professor of Eco- ish the death penalty. Then I read a report This past January I was pleased to host nomics, University of Wisconsin-Madison from Amnesty International about the 13- members of the local branch of the NAACP for wrote in a letter to the editor in the Phila- year-old girl who was stoned to death in a the Presidential inauguration, and I was once delphia Enquirer on November 17, 2007: ‘‘Se- stadium packed with 1000 spectators in again struck by their commitment to solving rious researchers studying the death penalty Kismayo, Somalia. Her offense? Islamic mili- the problems facing our nation. Madam continue to find that the relationship be- tants accused her of adultery after she re- tween executions and homicides is fragile ported she had been raped by three men. Will Speaker, I rise in support of H. Con. Res. 35 and complex, inconsistent across the states, this senseless, inhumane killing ever end? and urge my colleagues to join me in praising and highly sensitive to different research Perhaps. The brutality of the death pen- the work of the NAACP and its members in strategies. The only scientifically and ethi- alty and of Islamic militants can end, if we northeast Indiana.

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