Omaha World Herald (Nebraska)

January 20, 1992, Monday METRO EDITION

Death Penalty Foes Watch Support Slip Death Penalty Chronology

BYLINE: Jason Gertzen

SOURCE: World-Herald Bureau

SECTION: ;NEWS; Pg. 1;

LENGTH: 1300 words

DATELINE: Lincoln

State Sen. Ernie Chambers of Omaha and some other lawmakers said public pressure is the reason that Chamber's bill to abolish the death penalty has lost support.

The bill started out with 25 co-sponsors, enough to pass a bill. But now, as few as 17 support it.

Intense public debate has been generated by a series of appeals filed on behalf of death row inmate Harold Lamont Otey.

"The people who are trying to get Otey into the chair have made the difference," Chambers said.

Chambers' Legislative Bill 327 is to be considered again this week.

However, Speaker of the Legislature Dennis Baack and most other lawmakers questioned said the bill's chances of passage are slim. The measure would change the state's maximum sentence for first-degree murder from death to life in prison without possibility of parole.

The bill acknowledges that the sentences would be subject to the constitutional authority of the State Pardons Board to grant clemency.

"In my opinion, it will be defeated," said Baack, who supports the measure.Now Opposed

Sens. Dan Lynch of Omaha and Stan Schellpeper of Stanton indicated in recent interviews that they probably would vote against the bill. Four other co-sponsors of the bill - Sens. Eric Will and Brad Ashford of Omaha, Sen. Jennie Robak of Columbus and Sen. Arlene Nelson of Grand Island - have said they either would oppose the bill or are undecided 1 about the issue.

Sen. Paul Hartnett of Bellevue withdrew last year. Sen. Jacklyn Smith of Hastings, another co-sponsor, resigned her seat in the Legislature last year.

Chambers on Tuesday delayed consideration of his bill. Some of its supporters were absent.

Otey came within hours of dying in Nebraska's electric chair last summer. Appeals in state and federal courts have blocked the state from making Otey the first inmate to be executed in Nebraska since mass murderer Charles Starkweather in 1959.

Otey was convicted of the 1977 rape and slaying of Omahan Jane McManus.Sees Outrage

Sen. Carol Pirsch of Omaha, an opponent of the repeal bill, said the public is outraged by murderers like Otey and death-row inmate John Joubert.

"We don't want these people back out on the street," Sen. Pirsch said.

Sen. John Lindsay of Omaha, a supporter of LB 327, said news media coverage of the Otey and Joubert cases in the past year has captured attention.

Friends and relatives of Miss McManus and the mother of one of Joubert's victims have encouraged Nebraska lawmakers not to repeal the death penalty.

It is no surprise that some senators decided they could no longer support LB 327, Lindsay said.

"There was some rather intense pressure," Lindsay said. "There were a lot of phone calls made."

Baack said some senators are more vulnerable to public pressure this year.

"You hate to be cynical," Baack said, "but it's an election year."END COL 1 No Respect

Chambers said some of those who have switched look smaller in his eyes.

"They made an informed decision to publicly declare their support for abolishing the death penalty," Chambers said. "It would be different if a person said, 'I changed my philosophical outlook.' But when they say they changed because of pressure, I have no respect for them." 2

The issue is one of standing up for principles and ideals, Chambers said. Lawmakers knew when they agreed to co-sponsor the bill that public opinion polls in the state traditionally have indicated that a clear majority of Nebraskans favor the death penalty, he said.

Sen. Pirsch said Chambers lost support when senators began questioning whether his bill truly would impose life sentences without possibility of parole.

The State Pardons Board could commute a life sentence, Sen. Pirsch said.

"Ernie assured everybody they would be imprisoned for life, that they never would get out," Sen. Pirsch said.Out of Committee

Chambers said last week that from the beginning he was up front about the constitutional authority of the Pardons Board. The board's powers are mentioned in the bill.

He discussed the commutation powers during floor debate last year, he said. When the Judiciary Committee deadlocked on the bill, senators voted 25-20 in April to pull the bill out of committee.

"Those who now want to pretend the concept of the Pardons Board is new are not telling the truth," Chambers said.

Sen. Robak said when she announced her decision that it was influenced by a letter dated Sept. 27, 1990, that Chambers wrote to Otey.

Copies of the letter were distributed to senators last week by Amicus Nebraska, a group that supports the death penalty. Chambers said the letter was in response to questions that Otey had about Chambers' bill to repeal the death penalty.

"The 'without parole' won't mean much in reality because the Pardons Board always will have the power to reduce any sentence. If that provision allows me to obtain passage of the bill, plenty of time will be available to seek later mitigation," Chambers wrote in his letter to Otey.

Chambers said when the letter was made public: "Nothing in the letter is different than what I've said from the beginning. This is yesterday's news."Vetoed in 1979

In 1979, Chambers won a temporary victory on the issue. The Legislature approved his measure to abolish capital punishment and replace it with mandatory 30-year sentences.

Gov. Charles Thone vetoed the bill.

3 Now, Chambers faces a promised veto from Gov. Nelson, even if the Legislature passes LB 327.

Chambers conceded that he probably would not be able to muster the 30 votes needed to override a veto.

He said, however, that he would continue fighting for his beliefs by proposing that Nebraska's death penalty be abolished.

"It's an issue that, as long as I am here, it will be here," Chambers said. "I am going to bring it again and again and again. I believe minds always can change."

Death Penalty Chronology

1959: Mass murderer Charles Starkweather of Lincoln was executed in Nebraska's electric chair. His death marked the last execution in the state.

1979: State Sen. Ernie Chambers of Omaha gained the support of 25 of his colleagues in the Legislature to repeal the death penalty and impose a mandatory 30-year prison sentence instead. Then-Gov. Charles Thone vetoed the measure. Chambers and other supporters were not able to muster the 30 votes needed to override the veto.

1991: After several unsuccessful attempts to repeal the death penalty in prior legislative sessions, Chambers introduced a bill that called for the repeal of the death penalty in exchange for a provision that would allow a judge to impose a life sentence without chance of parole. The measure, Legislative Bill 327, had the support of 24 co-sponsors in addition to Chambers.

1991: In July, Nebraska death-row inmate Harold Lamont Otey came within hours of being executed for the rape and slaying of Omahan Jane McManus in 1977. Court appeals continue.

1992: Support for LB 327 started to wane early in the legislative session. Six co-sponsors of the repeal effort dropped off, joining another who dropped off in 1991.

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