Podox*. Oomunuoj REGULAR CALENDAR

podox*. oomunuoj REGULAR CALENDAR

April 17, 2018

The Majority of the Committee on Criminal Justice and

Public Safety to which was referred SB 593-FN,

AN ACT relative to the penalty for capital murder.

Having considered the same, report the same with the

recommendation that the bill OUGHT TO PASS.

THE MAJORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT

Committee: Criminal Justice and Public Safety Bill Number SB 593-FN Title: relative to the penalty for capital murder. Date: April 17, Consent Calendar: REGULAR Recommendation: OUGHT TO PASS

STATEMENT OF INTENT

This bill was the subject of a long and at times moving public hearing that included testimony from dozens of citizens who were overwhelmingly in support of repealing the death penalty. Among the witnesses supporting the bill were leaders of the faith community, former prosecutors, police and corrections officers and people who had lost members of their immediate families to murder. This bill is supported by an incredibly diverse group of lawmakers. The majority of the committee concludes that as a matter of public policy the death does not work and is a distraction from addressing important criminal justice issues and should be repealed. The death penalty does not protect public safety, it does not shield our police officers, it does not meet the needs of many families of murder victims, it is not consistent with the values we hear from 'our religious leaders, mistakes are made, and it costs the state more money than the alternative: a process that states simply that those who commit first degree murder will spend the rest of their lives in prison with no chance for parole. New Hampshire has not executed anyone since 1939. The majority of nations of the world recognize the death penalty is not a criminal justice sanction but a human rights violation. Over the last decade a half dozen states have repealed the death penalty. Passage of this bill is consistent with New Hampshire's long tradition of respect for human rights. It is time to repeal the death penalty.

Vote 12-6.

Rep. Robert Renny Cushing FOR THE MAJORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Criminal Justice and Public Safety SB 593-FN, relative to the penalty for capital murder. MAJORITY: OUGHT TO PASS. MINORITY: INEXPEDIENT TO LEGISLATE. Rep. Robert Renny Cushing for the Majority of Criminal Justice and Public Safety. This bill was the subject of a long and at times moving public hearing that included testimony from dozens of citizens who were overwhelmingly in support of repealing the death penalty. Among the witnesses supporting the bill were leaders of the faith community, former prosecutors, police and corrections officers and people who had lost members of their immediate families to murder. This bill is supported by an incredibly diverse group of lawmakers. The majority of the committee concludes that as a matter of public policy the death does not work and is a distraction from addressing important criminal justice issues and should be repealed. The death penalty does not protect public safety, it does not shield our police officers, it does not meet the needs of many families of murder victims, it is not consistent with the values we hear from our religious leaders, mistakes are made, and it costs the state more money than the alternative: a process that states simply that those who commit first degree murder will spend the rest of their lives in prison with no chance for parole. New Hampshire has not executed anyone since 1939. The majority of nations of the world recognize the death penalty is not a criminal justice sanction but a human rights violation. Over the last decade a half dozen states have repealed the death penalty. Passage of this bill is consistent with New Hampshire's long tradition of respect for human rights. It is time to repeal the death penalty. Vote 12-6.

Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT

Committee: Criminal Justice and Public Safety Bill Number: SB 593-FN Title: relative to the penalty for capital murder. Date: April 17, 2018 Consent Calendar: REGULAR Recommendation: OUGHT TO PASS

STATEMENT OF INTENT

SB 593 was the subject of a long and at times moving public hearing that included testimony from dozens of citizens who were overwhelmingly in support of repealing the death penalty. Among the witnesses supporting SB 593 were leaders of the faith community, former prosecutors, police and corrections officers and people who had lost members of their immediate families to murder. SB 593 is supported by an incredibly diverse group of lawmakers. The majority of the committee concludes that as a matter of public policy the death penalty does not work and is a distraction from addressing important criminal justice issues and should be repealed. The death penalty does not protect public safety, it does not shield our police officers, it does not meet the needs of many families of murder victims, it is not consistent with the values we hear from our religious leaders, mistakes are made, and it costs the state more money than the alternative: a process that states simply that those who commit first degree murder will spend the rest of their lives in prison with no chance for parole. New Hampshire has not executed anyone since 1939. The majority of nations of the world recognize the death penalty is not a criminal justice sanction but a human rights violation. Over the last decade a half dozen states have repealed the death penalty. Passage of 5B593 is consistent with New Hampshire's long tradition of respect for human rights. It is time to repeal the death penalty.

Vote 12-6.

Rep. Robert Renny Cushing FOR THE MAJORITY

Original: House Clerk Cc: Committee Bill File

COMMITTEE REPORT

COMMITTEE: 61 ?-5

BILL NUMBER:

TITLE:

DATE: All1b.th CONSENT CALENDAR: YE6. NO

OUGHT TO PASS Amendment No. OUGHT TO PASS WI AMENDMENT

INEXPEDIENT TO LEGISLATE

INTERIM STUDY (Available only 2nd year of biennium)

STATEMENT OF INTENT:

COMMITTEE VOTE:

RESPECTFULLY SUBMITTED, • Copy to Committee Bill File Use Another Report for Minority Report • Rep. For the Committee Rev. 02/01/07 - Yellow SB 593, repealing the death penalty in New Hampshire. OUGHT TO PASS.

Rep. Robert Renny Cushing for Criminal Justice and Public Safety. SB 593 was the subject of a long and at times moving public hearing that included testimony from dozens of citizens who were overwhelmingly in support of repealing the death penalty. Among the witnesses supporting SB 593 were leaders of the faith community, former prosecutors, police and corrections officers and people who had lost members of their immediate families to murder. SB 593 is supported by an incredibly diverse group of lawmakers. The majority of the committee concludes that as a matter of public policy the death does not work and is a distraction from addressing important criminal justice issues and should be repealed. The death penalty does not protect public safety, it does not shield our police officers, it does not meet the needs of many families of murder victims, it is not consistent with the values we hear from our religious leaders, mistakes are made, and it costs the state more money than the alternative: a process that states simply that those who commit first degree murder will spend the rest of their lives in prison with no chance for parole. New Hampshire has not executed anyone since 1939. The majority of nations of the world recognize the death penalty is not a criminal justice sanction but a human rights violation. Over the last decade a half dozen states have repealed the death penalty. Passage of SB593 is consistent with New Hampshire's long tradition of respect for human rights. It is time to repeal the death penalty. Vote 12-6. REGULAR CALENDAR

April 17, 2018

REPORT OF COMMITTEE

The Minority of the Committee on Criminal Justice and

Public Safety to which was referred SB 593-FN,

AN ACT relative to the penalty for capital murder.

Having considered the same, and being unable to agree with the Majority, report with the following resolution:

RESOLVED, that it is INEXPEDIENT TO LEGISLATE.

p. Frank Sapa.reto

FOR THE MINORITY OF THE COMMITTEE

Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT

Committee: Criminal Justice and Public Safety Bill Number SS 593-FN Title: relative to the penalty for capital murder. Date: April ss17 2018 Consent Calendar: REGULAR Recommendation.. INEXPEDIENT TO LEGISLATE

STATEMENT OF INTENT

The minority of the committee believes that a repeal of the death penalty will result in the loss of innocent lives. When a proven and convicted killer repeatedly states that they will kill again, whether its 5, 10, 25, or 50 years, they will kill again. Whether it's another inmate or a prison guard. The minority does not want to be responsible for the loss of innocent life and therefore respectfully disagrees with the majority. The minority refuses to let a killer kill again.

Rep. Frank Sapareto FOR THE MINORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Criminal Justice and Public Safety SB 593-FN, relative to the penalty for capital murder. INEXPEDIENT TO LEGISLATE. Rep. Frank Sapareto for the Minority of Criminal Justice and Public Safety. The minority of the committee believes that a repeal of the death penalty will result in the loss of innocent lives. When a proven and convicted killer repeatedly states that they will kill again, whether its 5, 10, 25, or 50 years, they will kill again. Whether it's another inmate or a prison guard. The minority does not want to be responsible for the loss of innocent life and therefore respectfully disagrees with the majority. The minority refuses to let a killer kill again.

Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT

Committee: Criminal Justice and Public Safety Bill Number: SB 593-FN Title: relative to the penalty for capital murder. Date: April 17 2018 Consent Calendar: REGULAR Recommendation: INEXPEDIENT TO LEGISLATE

STATEMENT OF INTENT

Rep. Frank Sapareto FOR THE MINORITY

Original: House Clerk Cc: Committee Bill File

MINORITY REPORT

COMMITTEE: ck

BILL NUMBER:

TITLE:

DATE: CONSENT CALENDAR: YEC NO r<

{GHT TO PASS Amendment No. OUGHT TO PASS W/ AMENDMENT

INEXPEDIENT TO LEGISLATE

INTERIM STUDY (Available only 2nd year of biennium)

STATEMENT OF INTENT:

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COMMITTEE VOTE:

RESPECTFULLY SUBMITTED,

• Copy to Committee Bill File Rep. For the Minority Rev. 02/01/07 - Blue e- ck.A. cip Q Voting Sheets HOUSE COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

EXECUTIVE SESSION on SB 593-FN

BILL TITLE: relative to the penalty for capital murder.

DATE: April 17, 2018

LOB ROOM: 204

MOTIONS: OUGHT TO PASS Moved by Rep. Cushing Seconded by Rep. Murray Vote: 12-6

CONSENT CALENDAR: NO

Statement of Intent: Refer to Committee Report

Respectfully submitted,

Rep Delmar Burridge, Cler HOUSE COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

EXECUTIVE SESSION on SB 593-FN BILL TITLE: relative to the penalty for capital murder. j'in(x DATE:

LOB ROOM: 204

MOT (Please check one box)

OTP 0 ITL 0 Retain (Pt year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)

Moved by Rep.C.L),,,k‘kr\ >c, Seconded by Rep. (tier)." Vote: 2 -fa'

MOTION: (Please check one box)

O OTP ❑ OTP/A ❑ ITL CI Retain (Pt year) 0 Adoption of Amendment # CI Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP ❑ OTP/A ❑ ITL CI Retain (1st year) C1 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP ❑ OTP/A ❑ ITL 0 Retain (Pt year) CI Adoption of Amendment # CI Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

CONSENT CALENDAR: YES NO

Minority Report? Yes No If yes, author, Rep: Motion

Respectfully submi Rep Delmar Burridge, Clerk Hearing Minutes HOUSE COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

PUBLIC HEARING ON SB 593-FN

BILL TITLE: relative to the penalty for capital murder.

DATE: April 4, 2018

LOB ROOM: 204 Time Public Hearing Called to Order: 10:02

Time Adjourned: 12:52

Committee Members: Reps. Welch, Sapareto, Burridge, Fields, Fesh, Gagne, Burt, Green, Ham, McNally, Testerman, Wallace, Chandley, Pantelakos, Berube, Cushing, Rodd, O'Leary, Murray and Opderbecke

Bill Sponsors: Sen. Avard Sen. Daniels Sen. Ward Sen. Giuda Sen. French Sen. Woodburn Sen. Watters Sen. Fuller Clark Sen. Feltes Sen. Soucy Sen. Hennessey Sen. Kahn Sen. Lasky Rep. McGuire Rep. O'Leary Rep. Cushing Rep. Kotowski Rep. Souza

TESTIMONY 1)Sen Ken Avard Support, 2nd time I brought this forward — for years I believed in death penalty. You tube TV Show 17,000,000 wrongly accused, the burden of proof was not shown, I believe in life & Bible. 4,000 DNA test not quilty. Death penalty, adultery, not keeping the sabbath, homosexuals, does this get the death penalty now. Cast first stone, witch burning.

*2)Rev Hirschfield Support, Episcopal Church of NH, Only state in New England

*3) Margaret Hawthorn, Support, Quaker, Story is 8 years old, Join the world union to abolish this I'm a victim of murder-my daughter-Student Nurse, married woman-Execution rarely brings relief

*4) Chuck Douglas, Self, Attorney in Concord, Oppose repeal, Protected classes more life sentences will not make a difference-some people are evil; My client did it, Addison. Add hate crimes to death penalty, no Texas Jury; Evil are not sorry. About 17 people killed incorrect.

*5) Richard Van Wickler,, NH Coalition to abolish Death Penalty, Support

6)Anne Lyczak, Self/Family, Support, Victim of attempted murder & family member murdered.

7) Barbara Keshen NH Coalition to Abolish Death Penalty, RSA 21:38...Saving clause was a prosecutor in AG's office 31 years on PD Office (SO) Police in Major Crimes 1996 Elizabeth Mapp, Introduction was video taped raped & murdered, squilled, did not wear a condom-DNA not from her father, she lied to police upstairs neighbor, Dangerous arrangement or totally arrogant about CJ system.

8) David Goldstein NH Assn Chiefs of Police, 22 years State Police/12 years major crimes, 100 homicides. I am no better than anyone else in the state. ITL multiple murder-Statute weapon. He is life in prison...recorded....any deterant no one thinks about it when they ask each other.

*9) William McGonagle NHCADP, Support, Assist Commissioner with Dept of Corrections 30 years of heinous crimes, systems of PTS; Botched executions.

*10)Rev Jason Wells, NH Council of Churches, Support, The taking of a human life will always be wrong-All for sake of these ideals of being unbiased equalizes protections 11)Sen Martha Fuller Clark, Portsmouth, Co-Sponsor, Support, Join states and countries to out law death penalty.

12)Deacon Steve Kaneb, Catholic Diocese, South Hampton, Support, Representative from Bishop Libasci.

13) Robert Clegg, Self, The guy who hired 2 killers over a Harley part, 51b hammer, 15 minutes killing him, Eye witness testimony is the worst. I stood at the wall and was for the death penalty 186m arrogated-We make mistakes-Has seen innocent suffer. Mistakes with the Knapp cases.

PAGE 2 of Testimony-

14) Rev Greg Fitzgerald, UCC, Support, Retired Churches of Christ in Congress, In order to form a more perfect Union...

15)Grace Mattern, 30 years Domestic Violence Co-Objective, Victims want closure and healing, they do not want vengence.

16)Paul Lutz, NHCADP, Retired Cop, Different perspective, not always a whole lot of money. Could spend money in other places. They plan to get caught. Gave a lot of examples of towns and cities that could get money. Gave examples of assault in face, broke a car window....not do sexual assault...Do this to him. 2014-The father of a dead cop who was a cop said why did I not just put him in jail. I can not put closure.

17) Mike Iacopino, NHACDC, Served on NH Association of Crim J. Defense Attorneys. Zero evidence act as a deterance. Innocence law project 354 Cases DNA executions....error in 1)Eye 2, Lab 3, Politics & Race. DDY Lab 4,000 effected by those taking home evidence....OSE Lab tech. 4, Drug taking from Assist medical examiner. 5, Misconduct by Judges, Lawyers, Racial discrimination....did not plan the murder.

*18)Daryl Perry, Support, Liberty, Lobby, LLC, Run for E Marathon

*19) Carol Stamatakis, Lawyer Child abuse cases-at one point it becomes a cold case and no one let us know. Cold cases a reflection of lack of resources 126 cold cases father is on a similar list in Ohio knowing what happens is helpful for closure even if no one is convicted. What can be done with the money to solve the huge number of unsolved cases. Decisions on world as it really is not cops & robbers money 80 & 90 was in the House....been for years. Bittersweet when thinking about my father. Electronic Submission.

20)Timothy King, Oppose, NH Police Association, Sgt of Concord PD. Believe has a place focus on history of Death penalty, no focus on $$Dollars.

*21)Leonard Korn, NHCADP, Psychiatrist, We don't punish bullies by bullying them.

*22)Arnie Alpert, Support, American Friends, My grandson was killed with a claw hammer

23)Rep Renny Cushing, Support, Not the best place to discuss the victims feelings.

Respectfully Submitted,

Rep Delmar Burridge, Clerk HOUSE COMMITTEE ON CRIMINAL JUSTICE AND PUBLIC SAFETY

PUBLIC HEARING ON SB 593-FN

BILL TITLE: relative to the penalty for capital murder.

DATE:

ROOM: 204 Time Public Hearing Called to Order: ICY tLi

Time Adjourned: \2"

(please circle if present) Gilektou-E-) a A-541-1 Committee Members: Reps. Welch, Sapareto, Burridge, Fields, Fesh, Gagne, Burt, Green, €41.r-gacz, Ham, McNally, Testerman, Wallace, Chandley, Pantelakos, Berube, Cushing, Rodd, Murray, O'Leary and Opderbecke

TESTIMONY

* Use asterisk if written testimony and/or amendments are submitted. A

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Criminal Justice and Public Safety

PUBLIC HEARING

Wednesday, 4/4/18

Legislative Office Building 204

10:00 a.m. SB 593-FN relative to the penalty for capital murder.

Executive session on pending legislation may be held throughout the day, time permitting, from the time the committee is initially convened.

Sponsors: SB 593-FN Sen. Avard Sen. Daniels Sen. Ward Sen. Giuda Sen. French Sen. Woodburn Sen. Waiters Sen. Fuller Clark Sen. Feltes Sen. Soucy Sen. Hennessey Sen.ICahn Sen. Lasky Rep. McGuire Rep. O'Leary Rep. Cushing Rep. Kotowski Rep. Souza Committee Asst: Karen Karwocki David A. Welch, Chairman Scheduled By: Karen Karwocki - 271-3529 Created: March 27, 2018 1:40 p.m. SEN-cv‘1,* gni X-J

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••••••••••1 January 16. 2014 10:58PM i‘Lf(\s•A Another View -- Bernice A. King: NH can create a better world by ending state-sanctioned killing BERNICE A. KING

Having lost my father and my grandmother to homicide, I can well understand the hurt, anger and frustration that lead some people to support the death penalty. Yet I can't accept the judgment that killers need to be killed, a practice that merely perpetuates the cycle of violence.

Yes, we want to see truth and justice prevail. But retribution cannot light the way to the genuine healing that we need in the wake of heinous acts of violence. Instead, state- sponsored killing sets a dehumanizing example of brutality that encourages more violence.

Allowing the state to kill its citizens for any reason diminishes our humanity and sets a sadistic and dangerous precedent that is unworthy of a civilized society. Every execution makes our community a little less humane and carries us further from achieving a peaceful society in which we can all take pride.

There are other reasons, as well, to move beyond the death penalty.

Legal scholars from three universities recently surveyed studies of racial disparities in the use of capital punishment and observed: "The most consistent and robust finding in this literature is that even after controlling for dozens and sometimes hundreds of case-related variables, Americans who murder Whites are more likely to receive a death sentence than those who murder Blacks."

We cannot get around the evidence that our nation's application of the death penalty is racially charged.

Nor can we avoid the fact that innocent people have been sentenced to death. That 143 people have been exonerated and released from death row since 1973 is evidence that mistakes can and do get made in a justice system run by fallible human beings. Surely we must hold our judicial system to a higher standard than one which allows an irreversible miscarriage of justice to occur.

My father, Martin Luther King Jr., always preached that evil must be counteracted with love, even in response to extreme violence. As he said in his Nobel Prize acceptance speech, "Nonviolence is the answer to the crucial political and moral questions of our time: the need for man to overcome oppression and violence without resorting to oppression and violence. Man must evolve for all human conflict a method which rejects revenge, aggression and retaliation." Surely there is no place for the death penalty in the world he dreamed of.

My mother, too, was a staunch death penalty opponent. "Although I have suffered the loss of two family members by assassination," she wrote, "I remain firmly and unequivocally opposed to the death penalty for those convicted of capital offenses. An evil deed is not redeemed by an evil deed of retaliation. Justice is never advanced in the taking of a human life. Morality is never upheld by legalized murder."

New Hampshire, the last state to declare a holiday in my father's honor, can be the next state to repeal the death penalty and bring us closer to "the beloved community" of which he dreamed.

Bernice A. King, the youngest daughter of Martin Luther King Jr. and Coretta Scott King, is an ordained minister, attorney and the CEO of the Martin Luther King Jr. Center for Nonviolent Social Change. 1Y-11206

Death Penalty Revisited from a Medical/Psychiatric Perspective Testimony, House Criminal Justice and Public Safety Committee April 4, 2018 By Leonard Korn MD President, New Hampshire Medical Society

Once again the legislature and New Hampshire is considering repeal of the death penalty. The repeal bill, SB 593, would replace capital punishment with imprisonment without the possibility parole. There are many many arguments from both sides of the aisle to consider repeal of the death penalty. The arguments for repeal are from so many different perspectives: religious, moral, pragmatic, legal, financial, medical and psychiatric/psychological. I will offer the arguments here from a medical and psychiatric/psychological perspective.

Organized medicine (the American Medical Association) has opposed physicians participating in the process of administering the death penalty since July 1980. The reason for this prohibition of physicians participating in process of killing a prisoner Othat it is a violation of Section 1 of the AMA's Principles of Medical Ethics which states that "a physician shall be dedicated to providing competent medical care, with compassion and respect for human rights." It is unfortunate that other less qualified medical personnel have been employed in the procedures of administering lethal injections, often inadequately and always inhumanely, in violation of these important ethical principles.

Governor Sununu has offered two reasons for his opposition to repeal of the death penalty. We certainly hope that he will consider the many reasons why the death penalty should be repealed, and reconsider his opposition to repeal. He expressed his interest in supporting crime victims and supporting the death penalty for the most heinous crimes. I think we can all agree that there is no more heinous crime than murder, yet we had more than 11,000 murders in the United States last year. Would we as a society want to murder 11,000 more if we found their murderers and were able to prosecute them successfully? What about the mistakes, as there have been well over 150 exonerations already? Or are some murders really more "heinous" than others? With all due respect, and I mean this sincerely, is a school teacher's death by murder, or a brother's or sister's death by murder, or a child's death by murder, less heinous than a policeman's death by murder?

As a psychiatrist I have been concerned about violence throughout my career. There is certainly too much violence in our world and in our country. As a society we need to focus on reducing violence, not condoning it. Violence of course comes in many forms, from bullying in our schools to sexual, physical and emotional abuse in our homes and workplaces, and of course murder in our homes and streets. We certainly don't punish bullies by bullying them, nor should we punish abusers by abusing them, nor should we punish murderers by murdering them. Elective murder by the state is not the best we can do as a civilized society. Indeed, it is a CNA.. `-5-vrsv\rtfi-Akievt=> Home Contents

FBI's estimated homicide clearance rates from 1965-2008 Thomas Hargrove

The following are the FBI's estimated homicide clearance rates from 1965 to 2008. The Department of Justice considers a homicide case to be cleared when "at least one person is arrested, charged with the commission of the offense, and turned over to the court for prosecution." In some cases, a crime may be cleared by "exceptional means" when an identified offender is killed during apprehension or commits suicide. Year .... Rate 1965 91% 1966 89 1967 88 1968 86 1969 86 1970 86 1971 84 1972 82 1973 79 1974 80 1975 78 1976 79 1977 76 1978 76 1979 73 1980 72 1981 72 1982 74 1983 76 1984 74 1985 72 1986 70 1987 70 1988 70 1989 68 1990 67 1991 67 1992 65 1993 66 1994 64 1995 65 1996 67 1997 66 1998 69 1999 69 2000 63 2001 62 2002 64 2003 62 2004 63 2005 62 2006 61 2007 61 2008 64 C,MV Uniform Crime Report 05c-pi Crime in the United States, 2016 IrnPem(et_.

Offenses Cleared

In the FBI's Uniform Crime Reporting (UCR) Program, law enforcement agencies can clear, or "close," offenses in one of two ways: by arrest or by exceptional means. Although an agency may administratively close a case, that does not necessarily mean that the agency can clear the offense for UCR purposes. To clear an offense within the UCR Program's guidelines, the reporting agency must adhere to certain criteria, which are outlined in the following text. (Note: The UCR Program does not distinguish between offenses cleared by arrest and those cleared by exceptional means in collecting or publishing data via the traditional Summary Reporting System.)

Cleared by arrest

In the UCR Program, a law enforcement agency reports that an offense is cleared by arrest, or solved for crime reporting purposes, when three specific conditions have been met. The three conditions are that at least one person has been:

• Arrested.

• Charged with the commission of the offense.

• Turned over to the court for prosecution (whether following arrest, court summons, or police notice).

In its clearance calculations, the UCR Program counts the number of offenses that are cleared, not the number of persons arrested. The arrest of one person may clear several crimes, and the arrest of many persons may clear only one offense. In addition, some clearances that an agency records in a particular calendar year, such as 2016, may pertain to offenses that occurred in previous years.

Cleared by exceptional means

In certain situations, elements beyond law enforcement's control prevent the agency from arresting and formally charging the offender. When this occurs, the agency can clear the offense exceptionally. Law enforcement agencies must meet the following four conditions in order to clear an offense by exceptional means. The agency must have:

Crime in the United States, 2016 U.S. Department of Justice—Federal Bureau of Investigation Released Fall 2017

1701 K St. NW, Suite 205 Washington, DC 20006 P DEATH PENALTY INFORMATION CENTER www.deativenaltyinfo.org [email protected] Facts about the Death Penalty v @DPI nfoCtr IC facebook.com/DeathPenaltylnfo Updated: March 28, 2018 C6CH MALTY STA1ES(31) aeb Athare 98 cs\--NNA \--0 67c 446 Arizcre PticnR6 Gil fcrri a NUMBER OF EXECUTIONS Cdaaio SINCE 1976: 1472 FIcrida acrcja kern 71

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RACE 0 F DEFENDANTS EXECUTED RACE OF VICTIMS IN DEATH PENALTY CASES \Oda lAtithirgtrn Acning Hispanic us cry[ US Military 8.4% NON-12E41H PENANSIAIES (19) Ptasla Crnnediat Celawere 1-1EMEii Minds lone Mane Mal)a-d Massch.szts Nichign rvirnmda 1e INEw Mei co' l%wYcri< Nath Cella Rae &rid Varrort Wal\Argria • White: 820 Over 75% of the murder victims in cases Wsaxen alrictcfCdirrtia resulting in an execution were white, even • Black: 505 criscres rema n cn dath • Hispanic: 123 though nationally only 50% of murder victims row • Other: 24 generally are white.

• J unsinWashinja.x rstdearett tirrurruelikelytorecarrmEndadaahsa forabladc derendattenfcr aWite dEfeidait in adrrila-cae (Prcf. K Beckett, Lhiv.cf Viatington, 2014). Persons E>ecutal etada)MurMur ders • In Lotisiae,theocidscf ad2ahse-itercevere973/ohij-erfcrthcseWlcsaidimvvasWitthaifcr 288 thceev\hose‘iictimves bled< (Fleroa&Radelet, toLida-elarvitVerg 2011). • AgudyinCdifariafcundthtthosecontAdEdcfkillingvt.hibEsveenuethm3tintbffilikdytolze sEntenailtockethffithcseamidedcf killirgbladsa-odrrifethai4tiiit5ruelikelyffilitse anicteddkillingLlincs.(Flem&Ractlet SalaCla-a LaNkariew 2005). • Aarrpsh2rsikestuayorthedeattipendtyin Nati Caoli ra fund th:t tteocict of reaENI ng a dedil sataicerrseby3.5tirrescirugtho%defelciantsvhcsmAdirrsyterev‘tite, (Raid akBoga-ald 20 Isa2cUrettUrivasitycf North Caclina 2001). White Def./ Black Def./ • In 96P/oof adEsv hereth3e have baai raleA6 of ramaidtheciaath pe-elty,thsrevwsa piton cf Black Victim White Victim etre- racreti-vidimcr raceof-dEftinzlEntcis:ri ninton, cr both (Rtf.13adisitwitotheA8A1998).

27 Death Row Exonerations • Since 1973, more than 155 people have been released from death row 21 By State Total: 161 with evidence of their innocence. (Staff Report, House.' udiciary Subcommittee on Civil & Constitutional Rights, 1993, with updates by DPIC). 3 • From 1973-1999, there was an average of 3 exonerations per year. From 1 10 9 9 9 2000-2011, there was an average of 5 exonerations per year. 6 6 6 4 4 4 3 3 3 2 2 1 1 1 1 1 1 1 1 1

FL IL IX IA OK AZ NC OH AL GA PA MO MS NM CA MA IN IN SC PR CE ID KY MD NE NW VA VW DEATH ROW INMATES BY RACE DEATH ROW INMATES BY STATE: J uly 1,2017

California 746 Mississippi 48 Idaho 8 Florida 374 Oklahoma 47 Washington 8 Black Texas 243 South Carolina 41 Virginia 5 41% Alabama 191 Kentucky 33 U.S. Military 5 Pennsylvania 169 Oregon 33 Colorado 3 North Carolina 152 Arkansas 32 South Dakota 3 Ohio 144 Missouri 24 Montana 2 Arizona 125 Indiana 12 New Mexico 2 Nevada 82 Nebraska 11 New Hampshire 1 Louisiana 73 Kansas 10 Wyoming 1 Tennessee 62 Utah 9 Delaware 0

Georgia 61 TOTAL: 2,817 U.S. Gov't 61 Race of Death Row Inmates and Death Row Inmates by State Source: NAACP Legal Defense Fund, 'Death Row USA" 0 uly 1, 2017). When added, the total number of death row inmates by state is slightly higher than the given total because some prisoners are sentenced to death in more than one state.

EXECUTIONS BY STATE SINCE 1976 EXECUTIONS BY REGION*

State Tot 2018 20171 State Tot 2018 2017 State Tot 2018 2017 TX 549 4 7 LA 28 0 0 PA 3 0 0 220' VA 113 0 2 NS 21 0 0 KY 3 0 0 OK 112 0 0 IN 20 0 0 MT 3 0 0 FL 94 1 3 CE 16 0 0 US Gaff 3 0 0 MD 88 0 1 CA 13 0 0 ID 3 0 0 GA 71 1 1 IL 12 0 0 SD 3 0 0 FL 62 1 3 NW 12 0 0 OR 2 0 0 OH 55 0 2 UT 7 0 0 NM 1 0 0 NC 43 0 0 TN 6 0 0 CO 1 0 0 SC 43 0 0 MD 5 0 0 1 0 0 1X&CK AZ 37 0 0 WA 5 0 0 CT 1 0 0 AR 31 0 4 NE 3 0 0 Ithichtheairrewscamittad

The number of death sentences per year has dropped dramatically since 1999. 1999 2032 2033 2CC4 216 2006 2C0/ 2006 2313 2014 Jrn 5 2317

Sentences 295 279 223 353 165 351 138 140 123 126 120 118 114 85 82 83 73 49 31 39 Sim Eumucti utceSailics 'Capita Ftrig I, 2013"2014-2017tuefon CPICteseach

• Intellectual D sabi I ities: In tu_i2, the apen-eCourt held in Aki nsv.M rgi niath it is uncmslittional to seaka defendants Wth trend retardation' • Mental I II mass: TheA uteri Ps,chiaicAsecciali on, tl-eA atm Psychological Asoddi on, the Najcnal Lefor Ihe md thetas-km Ea- AlaiSion hate enclo nEol utions d I ing for a-lee-I-pion cf the %varely n ti ial ly ill .

• AtecortbytheNalicnal Resaach Ccurtil , titled Ceterstea-id tlyCeeth FindLy,slacIthat Do executions lower horricide rho,? stuiesdarring thathedeethpendtyhasadaterreiteffectonm.rda-ralesae nftndayend I yflaned" ard thculd ret be u9ad Men add ng poi icydedd cns (2012). • Coal dertWth pekes was, the2016F8Urifuni0irmlepataioAedthltheSouth had the highest murder rate. lhe South amounts for over 80%of executions. the Ntrtheit, Mich has lessthm 1%of all Murder Rites per 100,000 (2016) seakons had loAst midsrae • Accordingtoasneycfthefurrereadpteset prsiderlscf thecountlystop antic)tic crinindogical societies, 86%fittmeseperts rejeted the nod on thottte death pendtyadbasa Northeast delenenttonu-der. (Radelet &I n Irk 2009) Nati

EXECUTIONS SINCE 1976 BY METHOD USED

1297 Wild Irjedion 32 plustheUSgaernrratnrrent u • In 2005, the Supreme Cast in R:perv. S niu bdrudcdovn the death lethal injedion atherpirreryrr dl penatyforj uvari les. 22 dafendals hai bean seatedforthnes 158 Eledroalion Soresztesulil lethA iriedion corrrritted as jusilessin2a 1976 11 (Charba- others fula.eilableasbakups Though N.tvv Mexico hffiabol idled the WOMEN 3 Hanging death penalty, its lawwes nct retroadi‘.e • 11 einem 53 vinyl m de& rowasal uly 1, 2017.1his constitutes Ding 2 pisones on its deeth rowa )21 3 Rd rg Squad IeSS thm 2%cf the tctS death Import laion. (NAACP bagel Dzfert itslethd-injation probecol inazt Fund, J Lily 1, 2017). 16 vcrren haP ban seated d nce 1976. FINANCIAL FACTS ABO UTTHE DEATH PENALTY

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PUBUC OPINION AND THE DEATH PENALTY

Supportfor Alternatives to the Death Penalty What Interferes with Effective Law Enforcement Percent Ranking Iternm One ofTop Two or Three A 2010 poll by lcie Pc:nth Patnes tut thet a d ear • Lakcf lane Uthil El resaree majority of wters(61°/c)waild choosea punish!' e it other than the death penal tyfor Trurder DucjAcohci Ph so

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The Death Penalty Information Center has available more extensive reports on a variety of issues, including: • "The Death Penalty in 2017: Year-End Report" (December 2017) • "Battle Scars: Military Veterans and the Death Penalty" (November 2015) • "The 2% Death Penalty: How a Minority of Counties Produce Most Death Cases at Enormous Costs to All" (October 2013) • "Struck By Lightning: The Continuing Arbitrariness of the Death Penalty 35 Years After Its Reinstatement in 1976" Q une 2011) • "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis" (October 2009) • 'A Crisis of Confidence: Americans' DoubtsAbout the Death Penalty" (2007) • "Blind J ustice: J uries Deciding Life and Death with Only Half the Truth" (2005) • "Innocence and the Crisis in the American Death Penalty" (2004) • "International Perspectives on the Death Penalty: A Costly Isolation for the U.S." (1999) • "The Death Penalty in Black Sr White: Who Lives, Who Dies, Who Decides" (1998) • "Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent" (1997) SB 593 Relative to the Penalty for Capital Murder

NH House Criminal Justice Committee April 4, 2018

Testimony of Carol Stamatakis, Lempst , NH

My name is Carol Stamatakis. I live in Lempster New Hampshire. I am speaking today as a private citizen, and as a daughter of a murder victim.

My father was murdered in 1997 in Ohio. He was shot and bludgeoned at his place of work, a furniture store that he had owned and operated for over 30 years. He was a hardworking Greek immigrant and beloved member of the community with no known enemies. He was killed in an apparent robbery at around noon on a beautiful day in late May, the Thursday before the Memorial Day weekend. There were never any arrests, and his case is still unsolved.

I learned that my family is not alone. The number of unsolved homicides is staggering. According to FBI statistics for 2016, 40.6% of homicides are unsolved or "uncleared." "Uncleared" means that there was no arrest. Statistics for our region have been fairly consistent. When I first learned this, I was shocked and horrified that the number could be so high. The percentage of uncleared homicides has, surprisingly, risen steadily for decades. In 1965 91% of cases were cleared and that rate has decreased steadily over the last few decades down to the current rates. In some cities the rate of uncleared homicides is well above 50%. I have attached statistics from the FBI documenting this downward trend and explanatory materials from the Department of Justice explaining what clearance means.

This disturbing trend is a reflection of how our criminal justice dollars are being spent, as lack of adequate resources is always cited as a reason for the large number of uncleared or cold cases. In New Hampshire, the Attorney General's web site reports 126 unsolved cases. I have testified before this legislature in the past advocating for resources for cold cases. These figures raise compelling questions about unintended consequences from the manner in which we have allocated our criminal justice resources. The death penalty, and the extreme sums of money directed to a very small number of cases at the expense of many others, has not made our communities safer. I have been told that the prosecution and defense costs for the Addison case exceed 3 million dollars.

The same week in the same neighborhood where my father was killed, a 90 year-old shopkeeper was killed under similar circumstances. I wondered if the killer might be the same person. His case, like my father's, remains on the cold case list. There are implications for the safety of all of us when such a high number of murders are unsolved and the killers are among us.

I am struck by how often people in my situation, families of victims, are invoked as a reason to support the death penalty. I do not doubt that for many this sentiment is sincere. But if we want to support the family of a victim, it is important to understand what family members experience and the different ways that our criminal justice system is or is not meeting their needs.

One of the most compelling needs that my family and other families I have met have is the need for information about what happened to our loved one. Shortly after my father was found a reporter talked to my mother and quoted her in the newspaper as saying that she wanted to know "who did this and why." Sadly she would never get an answer to that question. My family received very little information about details of my father's death. I remember waiting through that long Memorial Day weekend for some will piece of information, thinking that perhaps it was because of the holiday that we were not hearing anything. Unfortunately that waiting never ended as the days turned to weeks and then months. Families of victims in unsolved homicides often describe the psychological burden they live with from not knowing.

At some point, my father's case became a cold case. No one tells the family when this happens. It is essentially an administrative decision that no more time or resources can be spent on a particular case due to the passage of time. The amount of time varies depending on location, available resources and the applicable policies and practices of the law enforcement agencies involved. Even though I am an attorney and had worked with police prosecuting child protection cases, I did not understand what it meant. I never really understood it until I happened to read an article about it and did my own research to better understand what my family had experienced.

Victim's families need support. Programs that provide support to victims and help them understand and cope with the criminal justice system can be very beneficial.

Another important way to support victims in to assure that police have the resources to properly investigate in terms of training, financial resources, technology, and enough investigators to be able to devote time to cases, so they don't declare they are "cold" too soon and so that they can respond in cold case situations when promising new evidence emerges.

I think we should all reflect on what we could do with that amount to make our communities safer and healthier. We could provide more resources for much-needed substance abuse treatment, mental health services, assistance to families in crisis, resources for investigation, including cold cases, training, and meaningful support to all victims and families.

In my father's situation there was little gathering of physical evidence. It was clear that police hoped that someone who was picked up on another crime would know something and be willing to provide information in exchange for some deal for themselves. As time went on I became more ambivalent about the police making an arrest. Given the nature of the investigation, I wondered how they could get a conviction or maintain it through appeals. How could we feel confident they had the right person?

I have never had fantasies of vengeance. I wonder about what might have happened the day my father was killed. If I had a chance to meet and talk to the person who did it I would want to do that.

My daughter as a teenager used to love to watch shows on TV that were reenactments of real murders and how they are solved. It seemed these cases were always solved by police with the highest standards, with all the time in the world, using sophisticated forensic technology that was always readily available.

These shows are entertaining but they are not reality. I worry that when the death penalty is considered, all too often there is an assumption that life is a game of cops and robbers where good guys always win. This is not the experience of those of us living with cold cases nor is it true for death row inmates or their families or victims where genuine questions of innocence exist.

Page 2 of 3 It is important that we be brave enough to be willing to look at our world as it really is, and with all of its imperfections. As our understanding of effective criminal justice evolves, we have to be willing to revisit past assumptions and focus on what really works and what will really keep us and our communities safer. We have to be willing to own our human limitations but do the best we can despite them. But because of our human limitations and our collective human frailties and the inevitability of error, the death penalty can never be justified.

Contact information:

Carol Stamatakis PO Box 807 Newport, NH 03773

(603) 863-4920 (home) (603) 398-5389 (cell) Email: [email protected]

Page 3 of 3 - —kg Expanded Clearance Data lekve(42:4-Nr-1 CP92tal_ c-sti,syv\p, Clearance Figure Percent of Crimes Cleared by Arrest or Exceptional Means, 2016

Murder and Nonnegligent Manslaughter 59.4

Rape (revised definition) 36.5

Rape (legacy definition) 40.9

Robbery 29.6

Aggravated Assault 53.3

Burglary 13.1 Violent Crime Larceny-theft 20.4 Property Crime Motor Vehicle Theft 13.3 SB 593 Relative to the Penalty for Capital Murder

NH House Criminal Justice Committee April 4, 2018

Testimony of Carol Stamatakis, Lempster, NH

My name is Carol Stamatakis. I live in Lempster New Hampshire. I am speaking today as a private citizen, and as a daughter of a murder victim.

Victim's families need support. Programs that provide support to victims and help them understand and cope with the criminal justice system can be very beneficial.

I have never had fantasies of vengeance. I wonder about what might have happened the day my father was killed. If I had a chance to meet and talk to the person who did it I would want to do that.

Contact information:

Carol Stamatakis PO Box 807 Newport, NH 03773

(603) 863-4920 (home) (603) 398-5389 (cell) Email: [email protected]

Page 3 of 3 Testimony on SB593: Relative to the penalty for capital murder.

To the members of the House Criminal J ustice and Public Safety Committee: I ask your support for S B593, a bill to abolish the death penalty in NH, a bill that has support from a majority of the members of the NH Senate. Nationwide, in the last decade there have been more than 3 dozen people exonerated from death row, most of whom had served 15 or more years behind bars,* with an average of 11.3 years between being sentenced to death and exoneration. According to the Death Penalty Information Center, there have been 161 people exonerated from death row since 1973. Twenty of those individuals were exonerated because of DNA evidence, meaning the other 141 people tra be exonerated from death row had been convicted because of false confessions, unreliable witnesses, police misconduct, faulty evidence, etc. This alone should raise some questions not only about the use of the death penalty as a means of punishment, but about the accuracy of the entire justice system. The Death Penalty Information Center lists nearly 2 dozen people as either executed but possibly innocent OR as having been posthumously pardoned, in one case the pardon came 94 years after execution.** Considering that 1,472 people have been executed since 1973, and 161 people have been exonerated in that same time period, it is statistically probable that some innocent people have been executed in the name of justice. Thomas J efferson once said, 'To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." If only 1 innocent person has been executed for a crime they did not commit, that should be enough to oppose state-funded executions; because state-funded executions use tax-payer dollars to carry out a punishment that some find objectionable. I am morally opposed to having any amount of my money being used to kill another human, whether that be via war or so-called justice. Therefore, I encourage this committee and the full NH Legislature to vote in favor of SB593!

Darryl W. Perry CEO, Liberty Lobby LLC

Thttps://deathpenaltyinfo.orgAnnocence-list-those-freed-death-row " http,://deathpenaltyinfo.org/executed-possibly-innocent Paul Lutz, Lieutenant (ret.) Derry NH Police

"The death penalty does little to prevent crime. It's the fear of apprehension and the likely prospect of swift and certain punishment that provides the largest deterrent to crime."

--Frank Friel, Former Head of Organized Crime Homicide Task Force, Philadelphia

"Take it from someone who has spent a career in Federal and state law enforcement, enacting the death penalty . . . would be a grave mistake. Prosecutors must reveal the dirty little secret they too often share only among themselves: The death penalty actually hinders the fight against crime."

--Robert M. Morgenthau, District Attorney, Manhattan, NY

In January, 1995, Peter D. Hart Research Associates conducted a national opinion poll of randomly selected police chiefs in the United States. In that poll, the chiefs had the opportunity to express what they believe really works in fighting crime. They were asked where the death penalty fit in their priorities as leaders in the law enforcement field. What the police chiefs had to say may be surprising to many lawmakers, and to much of the public as well. The Hart Poll found that:

• Police chiefs rank the death penalty last as a way of reducing violent crime, placing it behind curbing drug abuse, more police officers on the streets, lowering the technical barriers to prosecution, longer sentences, and a better economy with more jobs.

• The death penalty was rated as the least cost-effective method for controlling crime.

• Insufficient use of the death penalty is not considered a major problem by the majority of police chiefs.

• Strengthening families and neighborhoods, punishing criminals swiftly and surely, controlling illegal drugs, and gun control are considered much more important than the death penalty.

Although a majority of the police chiefs support the death penalty in the abstract, when given a choice between the sentence of life without parole plus restitution versus the death penalty, barely half of the chiefs support capital punishment.

• Police chiefs do not believe that the death penalty significantly reduces the number of homicides.

• Police chiefs do not believe that murderers think about the range of possible punishments.

• Debates about the death penalty distract Congress and state legislatures from focusing on real solutions to crime.

Primary Focus for Police Chiefs in Reducing Violent Crime

Reducing Drug Abuse 31% Better Economy and More Jobs

Simplifying Court Rules Longer Prison Sentences for Criminals

More Police Officers on the Street

Reducing the Humber of Guns Emmnded Use of the Death Penalty

0% I 0% 20% 30% 40% Percent Naming Item As Primary Focus Deterrence of Police Killings

Even when it comes to the killing of a police officer, the death penalty is not a deterrent. Texas, by far the leading death penalty state, for the past six years has also been the leading state in the number of its police officers killed. By comparison, last year New York, with no death penalty, had about one third as many officers killed as Texas

A recent study of the deterrence value of the death penalty published in the Journal of Social Issues surveyed a 13-year period of police homicides. The researchers concluded: "[VVIe find no consistent evidence that capital punishment influenced police killings during the 1976-1989 period. . . . [P]olice do not appear to have been afforded an added measure of protection against homicide by capital punishment"

Dispelling the Myths About Crime Deterrence and Death Penalty Myth I: Murderers Think /bout Possthle Ikm-Suncre:s

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Myth lb Death Penalty Signiffrantly Reduces Nuroter of Horaitidas

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Myth III: Death Penalty Is One of Most Important Tools

• Aseterete ■ lascourele CI Rifler.

Over two-thirds of the police ...chiefs did not believe that the death penalty significantly reduces the number of homicides. About 67% said that it was not one of the most important law enforcement tools. And well over 80% of the respondents believe that murderers do not think about the range of possible punishments before committing homicide.

"I have seen the ugliness of murder up close and personal. But I have never heard a murder suspect say they thought about the death penalty as a consequence of their actions prior to committing their crimes."

--Police Lieut. Gregory Ruff, Kansas Data and quotes taken from Death Penalty Information Center https://deathnenaltyinfo.oroffront- line-law-enforcement-views-death-penalty

Testifying today was Paul Lutz. Paul grew up in Salem and began his law enforcement career with the Salem N.H. police department. After a short time he transferred to the Derry,N.H. police where he spent the majority of his career retiring after 30 years as a lieutenant. He served as commander of the Southern New Hampshire Special Operations Unit, a regional specialty unit which serves several towns in the south central part of the state. After his retirement he was employed as a middle school teacher for several years before retiring in 2015.

He holds a bachelor's degree in chemistry from the University of New Hampshire and advanced degrees in education from Cambridge College and theology from Andover Newton Theological Seminary.

Paul has one son, Erich, a graduate of Pinkerton Academy and Plymouth State University and who currently serves as a police officer

Paul lives in Deny where he serves on the Derry Cooperative District School Board. OFFICE OF THE BISHOP DIOCESE OF MANCHESTER

April 4, 2018

The Honorable David Welch, Chair House Criminal Justice and Public Safety Commi State House, Room 100 cuku4c,v, Concord, New Hampshire 03301

Re: SB 593 (Relative to the Penalty for Capital Murder)

Dear Representative Welch and Members of the Criminal Justice and Public Safety Committee:

As the Roman Catholic Bishop of Manchester, I write to express support for SB 593, a bill seeking to repeal the imposition of the death penalty in New Hampshire. I am disappointed I cannot be with you today to share my thoughts with you personally, but having testified before this Committee before on this issue of capital punishment, I know how seriously you will assume the responsibility before you to evaluate this legislation.

The crime of murder is outrageous. It is an attack directly on the individual victim and indirectly on the victim's grieving loved ones and, indeed, civilized society itself. Such a grievous offense against humanity demands a response.

However, the death penalty has been shown to be a faulty response. It neither deters others, nor brings the perpetrator to understand the magnitude of the evil of which he or she was capable. The teachings of the Church which I represent and to which I hold firm, recognize that the imposition of the death penalty signals neither a firm commitment to the sacredness of human life itself nor the desire for the betterment of society, but signals a collapse into defeat by a society that tries to make itself believe falsely that we can defend life by taking life.

Saint John Paul II challenged followers of Christ to be "unconditionally pro life" reminding us that "the dignity of human life must never be taken away, even in the case of someone who has done great evil." This belief in the sanctity of each human person is central to what we believe as Catholics.

I said at the opening of this letter that the crime of murder is outrageous, and it is charged with deep emotion because of its gravity. I wish to extend a special word of respect and compassion for those most directly affected by violence and who grieve even now — the families and loved ones of murder victims. I urge our lawmakers to repeal our death penalty and devote more resources to providing services for them and a true path of support and healing.

Grateful for your consideration of these thoughts and with deep appreciation for your service to the State of New Hampshire, I remain

Sincerely yours in Christ,

Most Reverend Peter A. Libasci, D.D. Bishop of Manchester

153 Asti STRIA- r, MANCHESTER, NEw HAMPSHIRE 03104-4396 (603) 669-3100 FAX (603) 669-0377 WWVv'.CATHOLICNH.ORG 825 MARLBORO ROAD KEENE, NEW HAMPSHIRE 03431 From the desk of www.co.cheshire.nh.us/hoc Richard N. Van Wickler, Superintendent 603-903-1600

•J 11

4 April 2018

For the record introduction:

Mark Twain said "It is important to get the facts first, and then you can distort them any you like".

Academic and scientific facts simply DO NOT support the death penalty. The immoral act of State Sanctioned Homicide does not align with our Nations moral character.

Sister Helen Prejean, a death penalty abolitionist, made this observation: "People may deserve to die". But then she pointed out the key moral question of "whether or not we deserve to kill them".

The great American criminologist Marvin Wolfgang, who observed an execution in Pennsylvania, wrote "I wish only to report that death in wartime combat, as ugly as it is, has no parallel to the State pre meditated, highly organized, calculated death of a human being, however heinous his crimes".

American Collegiate authors repeatedly challenge the inherent paradox of punishing murder with a State sanctioned version of the SAME CRIME!

Having State sanctioned homicide (the death penalty) aligns us with the moral compass of China, Iraq, Iran, Saudi Arabia, and Pakistan and absolutely with none of our civilized western allies.

The cost of State sanctioned homicide is at least 3 times the cost as life in prison without parole.

State sanctioned homicide is NOT a deterrent to criminal thinking either specifically or generally. Several hundred studies have proven this.

1 On the other hand, with 30 years of experience as a correctional practitioner, I know what incarceration is like.

My hope for a sentence is that it will include an aspect of punishment. I know that prison will deliver on this promise. I do not believe that death will. Again, there is no one universal truth for all people.

I believe that the penalty of death sets an offender free. They escape the misery of who are they are and what they have done.

I want dangerous offenders who harm others to be incapacitated, and I want them to live an uncomfortable existence with restricted liberty. I want them to serve a penalty THAT I KNOW is being served. Death, in my view, is eternal early release, far too early, with no possibility of revocation.

Now, if I am wrong, and there IS a hell that the offender "deserves" for all eternity, in keeping with many beliefs, well, then the offender will inevitably get there. Justice will be served.

My truth is that life in prison permits the government to ensure a full sentence of punishment, whereas the penalty of death leaves the punishment uncertain by setting the offender "free," and costs the government significantly more resources.

It should also be noted that over 200 studies demonstrate that the death penalty does not have a deterrent effect, either specifically or generally for the criminal mind. People do not take their finger off a trigger because they fear the death penalty. In arguing the death penalty, let us finally set the issue of deterrence aside, and acknowledge that this argument is primarily about one's moral, philosophical, and religious views.

Incapacitation, which we all want with a convicted offender, can be served through life in prison without parole or death. Retribution is sufficiently achieved with a life of punishment and discomfort.

The "eye for an eye" form of retribution can never fully be achieved. No offender will be put to death with the same pain and horror that his

2 victim and their family endured. The hope that death is worse than life for such an offender at the hands of the State is little more than hope itself, as none of us know what awaits us on the other side.

I do not know from experience what death brings for any of us. When it comes to the punishment of an offender for a capital crime, I want the state to have control over them and know that they are being punished for all the remaining days of their life — not gamble on the fact that death will .e..t.thetnree or not

1•• ha4 . 0 • 1 44-fickler Cheshire County Corrections Superintendent 825 Marlboro Rd. Keene, NH 03431

3 SB 593

April 4, 2018

My name is Ster n Kaneb. I have lived in South Hampton for over 25 years, where my wife and I have happily raised our five children. Today I am testifying on behalf of the Roman Catholic Diocese of Manchester. Bishop Peter Libasci is unable to be with the Committee today. I have brought his letter to you with me.

Last year I was ordained a permanent deacon in the Roman Catholic Diocese of Manchester. Prior to that, I had been educated as an engineer and licensed to practice engineering in our state. I have spent most of my career in a family business as a real estate developer.

Five years ago, I visited Lebanon with a small delegation from Catholic Relief Services. My ancestors emigrated from that region 120 years ago, and I wanted to witness the suffering resulting from the violence in Syria. While in Beirut, I met a remarkable man, the bishop who is assigned by the Vatican as its ambassador to the country of Lebanon. Although most of our conversation had to do with the Syrian war and its effects on the region, the bishop's most lasting remark for me had to do with his garden.

You see, this bishop, who is an Italian, tends his own vegetable garden. It's verdant and impeccable. When I complimented him on it, he respond simply that if we want to change the world, we must begin at home. I often consider that advice when contemplating my own responsibilities. It's why I'm here today. I want you to help us improve our home — the State of New Hampshire.

As a young man, I believed in the death penalty. When I was around 25, I changed my mind. The subsequent 35 years have galvanized my conviction. When we deliberately end the life of a prisoner, we overstep our authority. Our government bears responsibility for protecting society from dangerous people, and we do a good job of that. For those convicted of the most serious crimes, that can mean spending the rest of their lives in prison. During their incarceration, we hope and pray that they express sincere contrition for their wrongful deeds and ask for God's mercy. Executing people would add to the violence and promote a culture of death. We must do better. We must improve our home.

Luke's Gospel reminds us that from everyone to whom much has been given, much will be required; and from the one to whom much has been entrusted, even more will be demanded. As elected officials representing the citizens of our state, you have been entrusted with much. Therefore, your responsibility is great. I urge you to do everything in your power to help make this bill become law.

Thank you for your consideration. Please know that you are in my prayers. StS,ls\D

SB-593 a Bill to Repeal the Death Penalty

For NH House Criminal Justice Committee

1. NH Death Penalty Fact Sheet

2. Challenges to NH Exceptionalism

3. DPIC Fact Sheet

4. The Death Penalty Doesn't Deter Crime

5. Chronology of the Death Penalty in NH

6. Death Row Exoneree Stories

7. Op-Eds

8. Testimonies FACTS ABOUT THE DEATH PENALTY

The US currently has 19 states that have abolished the death penalty. An additional 4 states have moratoriums on the death penalty. 30 states in total have either abolished the death penalty, have executions on hold or have not carried out an execution in the last 10 years. Though no one has been executed in New Hampshire since 1939, over the last decade there have been two capital cases in NH, with one resulting in a death sentence.

The death penalty costs NH taxpayers $6;000;000 millions of dollars The death penalty —$5,9*2 0 Since 2008, NH's only death row inmate has already cost NH system is far r 2 taxpayers over $5 million. NH pays for both prosecution and defense _ more costly _$4,0 than life in capital cases. Capital trials are much longer, security costs are without _$3, higher, and years of appeals (13 years on average, nationally) are parole at $35,000 per costly. NH taxpayers may have to pay millions more over the next year. 5-10 years for a single inmate, and millions more for each new capital $1, case. The NH Department of Corrections has requested $1.7 million to build a 3,400 sq ft death chamber facility. Incarceration Addison Costs The alternative sentence of life without the possibility of parole for 40 years to NH So Far (LWOP) is a fraction of the cost of the death penalty.

Yes, we have executed innocent people in the U.S. Since 1972, 161 death row inmates have been exonerated. Studies estimate that more than 300 people who were sent to death row during that time were "The death likely innocent. penalty creates Death row exonerations have revealed cases that are riddled with problems, including mistaken eyewitness identifications, incompetent lawyers, shoddy the unacceptable forensics, unreliable jailhouse snitches, and coerced confessions. risk that a person New Hampshire is not immune to these and other problems in the criminal justice system. But New Hampshire already has a corrections system with the may be sentence of life without the possibility of parole for first degree murder. This wrongfully sentence ensures public safety and also eliminates the risk of killing an innocent human being. executed" Cameron Claude Jones Carlos Todd was executed DeLuna — Joseph Nadeau Willingham in Texas in was exe- 2000 for a cuted in former NH. Supreme was executed in 2004 in murder he 1989 in Texas for a didn't commit. Texas, but Court Justice in 2010, DNA an inde- fire that killed testing proved pendent his three children, but that the central evidence tying 'nvestigation has since impartial investigators now Jones to the crime scene — a concluded that he was say there was no arson. hair fragment — was not his. innocent. Executions create more victims Wardens and executioners experience trauma, PTSD, and significantly higher than average rates of alcoholism, suicide and domestic violence.

Every death sentence requires a team of executioners who are involved with the details of killing the inmate. Corrections officers, wardens, doctors, nurses and EMTs are required to actively take part in and witness the execution. Scientific research shows that members of these execution teams suffer emotionally after taking part in an execution. These individuals suffer from high rates of chronic mental health problems, substance abuse, and suicide. "I started to have some Here is what prison wardens have said: horrible nightmares. It's the faces of the men "You sentenced a guy to be executed. You give him a trial, then you send him to that I executed. I wake me to be put to death. Then later on you [say] that this guy was innocent. You up and see them didn't put him to death. I did. I performed the execution. So you might suffer a little. literally sitting on the I'm going to suffer a lot, because I performed the job," edge of my bed. I've —Jerry Givens, retired Executioner, Virginia Department of Corrections moved over to make room for them. They "I look at a serial killer every day when I look in a mirror. I see a serial killer, and don't say anything to at times it becomes unbearable." me. They just look." —Terry Bracey, formber executioner, South Carolina Dept of Corrections —Ron McAndrew, 22-year veteran with the "There is a part of the warden that dies with his prisoner." —Don Cabana, former superintendent and executioner of the Mississippi State Penitentiary

Botched executions are becoming more common More and more pharmaceutical companies are refusing to sell drugs for lethal injection purposes. This is forcing states to use different, often untried drug formulas that are causing a drastic increase in botched executions. In addition to harmful and ineffective drug formulas, reports show that the execution teams may not have the proper needles and other medical equipment and that they often have difficulty finding veins that work. The American Medical Association and National Nurses Association have refused "I had just to let their members be involved in executions. watched a man What was intended to be a quick and painless form of be tortured to execution is instead resulting in long, painful and horrific executions, further traumatizing corrections death." officers, the families of those being executed, and other witnesses. — Florida Death Row According to Fordham University Law Professor Chaplain Dale Recinella, Deborah Denno, an expert on lethal injection, "Amidst after witnessing the the chaos of drug shortages, changing protocols, legal botched execution of challenges, and botched executions, states are Angel Diaz unwavering in their desire to conceal this disturbing Deborah Denno, PhD reality from the public." "qt- can't happen here."

Challenges to the Myth of New Hampshire Exceptionalism & the Death Penalty

No criminal justice system, even New Hampshire's, is immune from errors. Our system is run by human beings, and however technically or morally qualified, we can make mistakes. Police can be overly zealous in extracting confessions. Prosecutors often build their reputations on capital case convictions, leaving the fate of defendants to political considerations. DNA evidence that could clear someone wrongfully accused only factors into a small percentage of murder cases.

The death penalty is too final a solution to leave in government hands. Here are just some facts that show that mistakes can happen in our state.

Falsified Evidence "As a public defender in Concord, I experienced an incident of a falsified confession by a law enforcement officer. My client, charged with child sexual abuse, had maintained his innocence and been cooperative during two taped police interviews. After the third interview, which was not taped or recorded in any manner, the law enforcement officer claimed the defendant confessed. Though there "I've never believed that was no written or recorded confession, and no collateral evidence of a sentence should be my client's guilt — and in the face of my client's obvious shock over administered that does and adamant denial of the purported confession — he was found not have an eraser... guilty at trial and sentenced to State Prison." Clearly murders must be --Steve Mirkin, NH Public Defender punished and removed from society. Life in Forced Confession prison without parole In the murder case of 6-year-old Elizabeth Knapp in 1997, police does both." badgered a murder victim's mother to point the finger at her boyfriend, even though it was untrue. The boyfriend had been drunk —John Broderick the night of the crime, and could not account for his whereabouts. Former NH Supreme Semen found in the victim's vagina later cleared the boyfriend. "I Court Chief Justice believed that my client was guilty," said Barbara Keshen, former lawyer with the NH Public Defender's Office. "I believe that a jury would have convicted him. Why not? They had 'eye witness' testimony and a sort-of confession."

Problems with Evidence 15% of fingerprint or hand print identifications made in NH Forensic Labs were rated at Fair to Poor, according to a NH State Police Forensics Audit (9/2011, p. B-4). When someone's life is on the line, that margin of error is simply too high.

Studies on eyewitness identification —the most common type of evidence in criminal cases -- consistently show that witnesses are likely to identify the wrong person.

"There have been more DNA evidence has led to hundreds of exonerations, but it is only than 1,000 murders in available in about 10-15% of cases. Despite our best intentions, human New Hampshire since beings simply can't be right 100% of the time. And when a life is on the 1940. The next execution line, one mistake is one too many. will be the first in more than 75 years. History will Over 160 people have been exonerated from death row in the US since not judge the execution 1973, despite prosecutors, judges and juries being absolutely certain of of one murderer in a guilt at the time. These exonerations have revealed cases that are thousand as similar, just riddled with problems including mistaken eyewitness identifications, or fair." incompetent lawyers, shoddy forensics, self-serving jailhouse snitches, -- Philip T. McLaughlin, and coerced confessions. New Hampshire is not immune to these Former NH Attorney problems in the criminal justice system. General Jury Tampering, Perjury, and more During his tenure as Bartlett NH Police Chief, Timothy Connifey conspired to tamper with witnesses, and committed false swearing, perjury and official oppression.'

Death-qualified Juries are not Impartial Capital trials require "death-qualified" juries. Such innately biased jury selection automatically prevents about half of the population from serving, for example jurors who are pro-life. Multiple studies2 show that death-qualified juries are more likely to find defendants guilty and to recommend the death penalty. How can we claim that such trials are just and impartial?

NH's Infrequent Use of the Death Penalty makes it "Unusual Punishment" The sad truth is, both here in NH and around the country, that the defendant's race and income level are the most common factors in death penalty cases. The fact that both "premeditated" and "more heinous" murders in New Hampshire have not seen the imposition of the death penalty, demonstrates that it is neither fairly nor consistently applied.

http://www.seacoastonline.com/news/20160226/former-bartlett-chief-indicted-on-perjury-witness-tampering https://capitalpunishmentincontext.org/resources/deathqualification 1701 K St. NW, Suite 205 DEATH PENALTY INFORMATION CENTER Washington, DC 20006 D P www deathoenaltvinfo org nfo.orq Facts about the Death Penalty @DPInfoCtr C facebook.com/DeathPenaltuinfo Updated: February 23, 2018 DEATH PENALlYSTATES (31) Alabama 98 Arizona Arkansas NUMBER OF EXECUTIONS California 85 Colorado SINCE 1976: 1469 Florida Georgia 74 71 Idaho 68 Indiana 66 65 Kansas 9 60 Kentucky 56 Louisiana 53 52 Mississippi Missouri 45 46 42 43 43 Montana Nebraska 38 37 39 35 Nevada 31 = 31 New Hampshire 28 25 North Carolina 23 23 Ohio 21 18 18 Oklahoma Oregon 11 1116 Pennsylvania 5 South Carolina 010 2 01 2 II South Dakota a 1111 114 0 Tennessee 76'77 '78'79'80 '81 '82'83 184 '8686'87'88'89'90'91'92'93'94'95 96'97'98 99'00'01 02103104105106107108'0910111 '1213 14'15'16'17'18 Texas Utah RACE OF DEFENDANTS EXECUTED RACE OF VICTIMS IN DEATH PENALTY CASES Virginia Washington Wyoming Hispanic U.S. Gov't U.S. Military 8.3% NON.DEATH PENALTY STATES (19) Alaska Connecticut Delaware Hawaii Illinois Iowa Maine Maryland Massachusetts Michigan Minnesota New Jersey New Mexico* New York North Dakota Rhode Island Vermont West Virginia • White: 819 Over 75% of the murder victims in cases Wisconsin • Black: 504 resulting in an execution were white, even District of Columbia *2 prisoners remain on death • Hispanic: 122 though nationally only 50% of murder victims row. • Other: 24 generally are white. • Jurors in Washington state are three times more likely to recommend a death sentence for a black defendant than for a white defendant in a similar case. (Prof. K. Beckett, Univ. of Washington, 2014). Persons Executed for Interracial Murders

• In Louisiana, the odds of a death sentence were 97% higher for those whose victim was white than for 287 those whose victim was black. (Pierce & Radelet, Louisiana Law Review, 2011).

• A study in California found that those convicted of killing whites were more than 3 times as likely to be sentenced to death as those convicted of killing blacks and more than 4 times more likely as those convicted of killing Latinos. (Pierce & Radelet, Santa Clara Law Review, 2005). • A comprehensive study of the death penalty in North Carolina found that the odds of receiving a death sentence rose by 3.5 times among those defendants whose victims were white. (Prof. Jack Boger and Dr. Isaac Unah, University of North Carolina, 2001). White Def./ Black Def./ • In 96% of states where there have been reviews of race and the death penalty, there was a pattern of Black Victim White Victim either race-of-victim or race-of-defendant discrimination, or both. (Prof. Baldus report to the ABA, 1998).

27 Death Row Exonerations • Since 1973, more than 155 people have been released from death row 21 By State Total: 161 with evidence of their innocence. (Staff Report, House Judiciary Subcommittee on Civil & Constitutional Rights, 1993, with updates by 13 DPIC). I 11 io 9 9 9 • From 1973-1999, there was an average of 3 exonerations per year. From 2000-2011, there was an average of 5 exonerations per year. 6 6 6 I I I 4 4 4 . "' 3 3. 2 2 1 1 1 1 1 1 1 1 1 .1 1. IMMI Mg111 RAMO 1111 MEM MUM wan FL IL TX LA OK AZ NC OH AL GA PA MO MS NM CA MA TN IN SC AR DE ID KY MD NE NV VA WA

DEATH ROW INMATES BY RACE DEATH ROW INMATES BY STATE: July 1, 2017

California 746 Mississippi 48 Idaho

Florida 374 Oklahoma 47 Washington 8

Texas 243 South Carolina 41 Virginia 5

Alabama 191 Kentucky 33 U.S. Military 5

Pennsylvania 169 Oregon 33 Colorado 3

North Carolina 152 Arkansas 32 South Dakota 3

Ohio 144 Missouri 24 Montana 2

Arizona 125 Indiana 12 New Mexico 2

Nevada 82 Nebraska 11 New Hampshire

Louisiana 73 Kansas 10 Wyoming

Tennessee 62 Utah 9 Delaware 0

61 TOTAL: 2,817 Georgia 61 U.S. Gov't Race of Death Row Inmates and Death Row Inmates by State Source: NAACP Legal Defense Fund, "Death Row USA" (July 1, 2017). When added, the total number of death row inmates by state is slightly higher than the given total because some prisoners are sentenced to death in more than one state. EXECUTIONS BY STATE SINCE 1976 EXECUTIONS BY REGION*

Siete Tot /2018 2010 200 TX 548 3 LA 28 PA 3 '0 0 South 1194 VA 113 0 2 MS 21 0 0 KY 3 0 0 OK 112 0 IN 20 0 0 MT 3 0 0 Midwest FL 94 1 3 DE 16 0 0 US GOVT 3 0 0 MO 88 0 1 CA 13 0 0 ID 3 0 0 West GA 70 0 1 IL 12 0 0 SD 3 0 0 AL 61 0 3 NV 12 0 0 OR 2 0 0 OH 55 0 2 UT 7 0 NM 1 0 0 Northeast NC 43 0 0 TN 6 0 0 CO 1 0 0 SC 43 0 0 MD 5 0 0 WY 1 0 0 TX& OK AZ 37 0 0 WA 5 0 0 CT 1 0 *Federal executions are listed in the region in AR 31 0 4 NE 3 which the crime was committed.

The number of death sentences per year has dropped dramatically since 1999. .[.....i Year 9 1999 2666 2001 g g o 04. .204 •godo 2007 :gtto 20Q9 2010" 201't '20 .013. 2014 -go '.gtilb 2 17

Sentences 295 279 223 153 166 151 138 140 123 126 120 118 114 85 82 83 73 49 31 39 Source: Bureau f Justice Statistics: "Capital Punishment, 2013.' 2014 - 2017 figure from DPIC research.

• Intellectual Disabilities: In 2002, the Supreme Court held in Atkins v. Virginia that it is unconstitutional to execute defendants with 'mental retardation.' • Mental Illness:The American Psychiatric Association, the American Psychological Association, th e National Alliance for the Mentally III, and the American Bar Association have endorsed resolutions calling for an exemption of the severely mentally ill.

• Do executions lower homicide rates? A report by the National Research Council, titled Deterrence and the Death Penalty, stated that studies claiming that the death penalty has a deterrent effect on murder rates are "fundamentally flawed" and should not be used when making policy decisions (2012). • Consistent with previous years, the 2016 FBI Uniform Crime Report showed that the South had the highest murder rate. The South accounts for over 80% of executions. The Northeast, which has less than 1% of all Murder Rates per 100,000 (2016) executions, had lowest murder rate. South rti • According to a survey of the former and present Midwest presidents of the country's top academic • .1k)it E ' criminological societies, 88% of these experts West rejected the notion that the death penalty acts as a Northeast 3 deterrent to murder. (Radelet & Lacock, 2009) Nat'l I I u-SA3 EXECUTIONS SINCE 1976 BY METHOD USED 11=111111111111111111111111.1111101 1294 Lethal Injection 32 states plus the US government use • In 2005, the Supreme Court in Roper v. Simmons struck down the death lethal injection as their primary method. penalty for juveniles. 22 defendants had been executed for crimes 158 Electrocution Some states utilizing lethal injection have committed as juveniles since 1976. 11 Gas Chamber other methods available as backups. Though New Mexico has abolished the WOMEN 3 Hanging death penalty, its law was not retroactive, • leaving 2 prisoners on its death row and There were 53 women on death row as of July 1, 2017. This constitutes 3 Firing Squad its lethal-injection protocol intact. less than 2% of the total death row population. (NAACP Legal Defense Fund, July 1, 2017). 16 women have been executed since 1976.

FINANCIAL FACTS ABOUT THE DEATH PENALTY

• Oklahoma capital cases cost, on average, 3.2 times more than non-capital cases. (Study prepared by Peter A. Collins, Matthew J. Hickman, and Robert C. Boruchowitz, with research support by Alexa D. O'Brien, for the Oklahoma Death Penalty Review Commission, 2017.) • Defense costs for death penalty trials in Kansas averaged about $400,000 per case, compared to $100,000 per case when the death penalty was not sought. (Kansas Judicial Council, 2014). • A study in California revealed that the cost of the death penalty in the state has been over $4 billion since 1978. Study considered pre-trial and trial costs, costs of automatic appeals and state habeas corpus petitions, costs of federal habeas corpus appeals, and costs of incarceration on death row. (Alarcon & Mitchell, 2011). • Enforcing the death penalty costs Florida $51 million a year above what it would cost to punish all first-degree murderers with life in prison without parole. Based on the 44 executions Florida had carried out since 1976, that amounts to a cost of $24 million for each execution. (Palm Beach Post, January 4, 2000). • The most comprehensive study in the country found that the death penalty costs North Carolina $2.16 million per execution over the costs of sentencing murderers to life imprisonment. The majority of those costs occur at the trial level. (Duke University, May 1993). • In Texas, a death penalty case costs an average of $2.3 million, about three times the cost of imprisoning someone in a single cell at the highest security level for 40 years. (Dallas Morning News, March 8, 1992).

PUBLIC OPINION AND THE DEATH PENALTY

Support for Alternatives to the Death Penalty What Interferes with Effective Law Enforcement' Percent Ranking Item as One of Top Two or Three • A 2010 poll by Lake Research Partners found that a clear Lack of law enforcement resource majority of voters (61%) would choose a punishment other than the death penalty for murder. Drug/Alcohol abuse Family problems/child abuse 14

Lack of programs for mentally ill 1

Crowded courts

Ineffective prosecution

Too many guns

Gangs E Insufficient use of the death penalty

• A 2009 poll commissioned by DPIC found police chiefs ranked the death penalty last among ways to reduce violent crime. The police chiefs also considered the death penalty the least efficient use of taxpayers' money.

The Death Penalty Information Center has available more extensive reports on a variety of issues, including: • "The Death Penalty in 2017: Year-End Report" (December 2017) • "Battle Scars: Military Veterans and the Death Penalty" (November 2015) • "The 2% Death Penalty: How a Minority of Counties Produce Most Death Cases at Enormous Costs to All" (October 2013) • "Struck By Lightning: The Continuing Arbitrariness of the Death Penalty 35 Years After Its Reinstatement in 1976" (June 2011) • "Smart on Crime: Reconsidering the Death Penalty in a Time of Economic Crisis" (October 2009) • "A Crisis of Confidence: Americans' Doubts About the Death Penalty" (2007) • "Blind Justice: Juries Deciding Life and Death with Only Half the Truth" (2005) • "Innocence and the Crisis in the American Death Penalty" (2004) • "International Perspectives on the Death Penalty: A Costly Isolation for the U.S." (1999) • "The Death Penalty in Black & White: Who Lives, Who Dies, Who Decides" (1998) • "Innocence and the Death Penalty: The Increasing Danger of Executing the Innocent" (1997) Death Penalty Doesn't Deter Crime "The view that the death penalty deters is still the product of belief, not evidence ... on balance, the evidence suggests that the death penalty may increase the murder rate ... in light of this evidence, is it wise to spend millions on a process with no demonstrated value that creates at least some risk of executing innocents when other proven crime fighting measures exist?" -John Donohue (Yale University) and Justin Wolfers (University of Pennsylvania) "The Death Penalty: No Evidence for Deterrence"

We've learned a lot about the death penalty in the last 30 years. It does not deter crime. It actually makes us less safe by siphoning resources from programs that do reduce crime. Moreover, a growing number of law enforcement officials now believe in better ways to keep us safe.

Capital Punishment Can Hold No Deterrent Value

• At its core, murder is a crime of passion. One does not consider the consequence of the death penalty while in the midst of a violent crime.

• Most murders occur under the influence of drugs or alcohol, further revealing that the consequence of the death penalty can have no deterrent effect.

• The National Research Council reviewed more than three decades of research and found no credible evidence that the death penalty deters crime.'

• A 2009 study found that 88% of the nation's top criminologists believe the death penalty is not a deterrent." Nearly two-thirds of the American people agree, according to recent polling.

Data Shows the Death Penalty Does Not Lower Murder Rates

• The majority of studies find that the death penalty has no deterrent effect above the alternative sentence of life in prison without release. The studies that do find a deterrent effect have not stood up to peer review, and suffer from faulty measurement, missing data, failure to account for key variables, or other statistical flaws."'

• A simple comparison reveals that states without the death penalty actually have lower murder rates than those with the death penalty. The murder rate in states with the death penalty is 4.7, while the murder rate drops to 3.1 in states without the death penalty."

• Homicide rates of law enforcement officers killed in the line of duty are lower in states without the death penalty. None of the six states which have recently ended their use of the death penalty have seen an increase in murders of law enforcement officers. o The experience of individual states confirms the data. The murder rate in Manhattan dropped steadily for ten years even though the District Attorney there opposed the death penalty and refused to seek it. Chicago's murder rate dropped by nearly a third during the first seven years the state suspended executions. v

What Police Chiefs Say

Even police officers do not believe the death penalty is an effective deterrent.

• In a national survey, police chiefs ranked the death penalty last among effective ways to reduce violent crime. The financial costs associated with the death penalty siphons resources from effective tools that actually prevent violent crimes.

• 99% of respondents said that other changes such as reducing drug abuse or improving the economy were more important than expanding the death penalty in reducing violent crime.'

* Many law enforcement officers say the death penalty is a distraction from their goal of public safety.

Police Chiefs Agree Death Penalty Does Not Work as a Deterrent

"The death penalty does little to prevent violent crimes because perpetrators rarely consider the consequences when engaged in violence."

Disagree Agree

■ Strongly or Somewhat Disagree

Strongly or Somewhat Agree

Not sure What Interferes with Effective Law Enforcement?

Lack of law enforcement resources 20

Drug/Alcohol Abuse 2

Family problems/child abuse

Lack of programs for mentally ill itraa 12

Crowded courts r,Q 7

Ineffective prosecution 1:;tatair,1-2

Too many guns

Gang

Insufficient use of the death penalty 0 5 10 15 20 25

Percent Ranking Item as One of Top Two or Three

Police Chiefs' Views

Politicians support the death penalty as a symbolic way to show they are tough on crime 69

Death penalty cases are hard to close and take up a lot of police time.

Debates about the death penalty distract Congress and state legislatures from focusing on real 50 solutions to crime problems.

The death penalty significantly reduces the number of homicides 37

The death penalty is one of the most important law enforcement tools

Murderers think about the range of possible punishments before committing homicides 24

0 10 20 30 40 50 60 70 80 90 100

1.1 Accurate Innaccurate Percent Finding Statement Accurate/Innacurate D. Nagin and J. Pepper, "Deterrence and the Death Penalty," Committee on Law and Justice at the National Research Council, April 2012 "Gallup Polling,

Hi John Donohue and Justin Wolfers, "The Death Penalty: No Evidence for Deterrence," The Economists' Voice, April 2006

i" DPIC, "Murder Rates Nationally and by State," " "Homicide at low for state since 1975", Associated Press. January 30, 2012

"i DPIC, "Smart On Crime," Chronology of the Death Penalty in New Hampshire

New Hampshire is not in love with the death penalty. From the time of the first recorded execution in 1739 to the last execution in 1939, 22 prisoners were hanged by the state. In 1768 Ruth Blay was hanged when she refused to identify the father of her stillborn child.

In the decades after the American Revolution a strong "anti-gallows" and prisoner reform movement arose in the state, and at one point New Hampshire had the most restrictive death penalty in the nation.

• 1834 Democratic Governor William Badger was the first to ask the legislature to abolish capital punishment.

• 1972 The US Supreme Court's Furman decision voided New Hampshire's death penalty law. Only two people were on the state's death row at the time.

• 1973 The NH legislature rejected a reinstatement bill, opting instead to direct a commission, headed by then Attorney General Warren Rudman, to examine the state's homicide statutes. The commission never carried out its assignment. The only statewide newspaper, The Union Leader, embarked on an editorial crusade in support of the death penalty.

• 1974 Governor Meldrim Thomson called the legislature into special session to enact death penalty legislation. The Senate passed a bill providing for Life without Parole for first degree murder; the House passed a broad death penalty bill. In the end, primarily in response to intense lobbying by law enforcement, a compromise was reached to enact a narrow death penalty law that focused on the death penalty for five categories of murder, including the killing of a law enforcement officer. • 1977 A bill is passed allowing juries in capital trials to consider the convict's life circumstances.

• 1986 The NH legislature amended the death penalty law to make lethal injection the method of execution. During the same session, the legislature considered and rejected a bill sponsored by a Republican lawmaker to abolish the death penalty.

• 1990 The NH legislature amended the death penalty law to add two crimes to the list of those that could be prosecuted as capital murder: homicide committed in connection to aggravated felonious sexual assault or in conjunction with manufacture or sale of controlled drugs.

• 1994 Judicial officers are defined and added to the list of victims whose killings can be prosecuted as capital murder.

• 1997 The NH legislature rejected a bill to add several new categories, including a death sentence option for all first degree murder, to the capital murder statute,.

A series of sensational murders touched off a new round of debate about the death penalty in New Hampshire. A six year old girl was raped and murdered in Jaffrey; a rampage in Colebrook resulted in the killing of 2 state troopers, a judge, and a newspaper publisher; and a local police officer was shot and killed in Epsom during a traffic stop. The Attorney General initially sought the death penalty in the Epsom shooting, then accepted plea bargains for life sentences from two suspects, an action that was loudly criticized by many in the law enforcement community.

These high profile acts of violence prompted the governor, the attorney general, and legislative leaders to try to expand the scope of New Hampshire's capital murder statute. In response, a group of activists opposed to capital punishment came together in November of 1997 to form what would become the New Hampshire Coalition to Abolish the Death Penalty.

• 1998 The NH House of Representatives took up a proposal to expand the death penalty. At the same time, legislation to abolish the death penalty was introduced. In the end, both measures were defeated. Legislators cast more votes to abolish the death penalty than to expand it.

• 2000 An abolition bill passed both houses of the Republican-controlled legislature, but the Democratic governor at the time, Jeanne Shaheen, vetoed it. 2/3 to overturn was not achieved.

• 2001 An abolition bill fell 8 votes (188-180) short of passage in the NH House.

• 2004 A bill banning the execution of those convicted of killing when they were under the age of 18 passed the NH House and Senate. At the time, there was a national campaign underway to end the death penalty for juvenile offenders. Republican Governor Craig Benson vetoed the bill in a ceremony before a room full of uniformed police officers. The same bill was reintroduced in 2005 and passed again; the current governor, John Lynch, signed it.

• 2006 An abolition bill was again introduced in the House and, with opposition from the governor, it was again narrowly defeated.

Also in 2006, Manchester police officer Michael Briggs was shot and killed in an alley when responding to a domestic violence complaint. Michael Addison was arrested and charged with the murder, and the Attorney General announced she would seek the death penalty for Mr. Addison.

• 2007 Attorney General Kelly Ayotte announces the state will pursue a capital murder conviction and seek the death penalty against John "Jay" Brooks, accused of murder for hire and murder related to kidnapping in the death of Jack Reid.

The NH House defeated by 12 votes a bill to change the sentence for capital murder from the possibility of execution to mandatory life without parole. • 2008 Bills to expand the death penalty were introduced in the House and Senate. The House bill, which dealt with definitions of judicial officers, was amended to include the study commission proposal and passed the House. With strong opposition from the Attorney General and the Manchester Police, the proposal failed in the Senate. However, neither expansion bill passed.

John "Jay" Brooks is found guilty of capital murder, but the jury decides to sentence him to life imprisonment rather than death.

Michael Addison is found guilty of capital murder and sentenced to death.

• 2009 An abolition bill was again introduced in the House of Representatives. Despite the climate of police outrage and outpouring of support to execute the killer of Officer Briggs, it nearly passed.

A bill to punish murders committed with firearms by execution via firing squad was defeated in the NH House.

In the aftermath of that vote, an ad hoc group of the NH Coalition to Abolish the Death Penalty began meeting to develop a long range plan to end the death penalty in New Hampshire. This plan is based on approaches taken in several other states where bipartisan and inclusive Death Penalty Study Comniissions have been established to examine the effectiveness of the death penalty as public policy and make recommendations. These study commissions have proven to be an incremental step toward abolition, because even the most ardent supporters of the death penalty come to the conclusion that it doesn't work and should be abolished.

• 2010 The Death Penalty Study Commission, established by the legislature in 2009, voted by a narrow majority to retain but not expand the death penalty, while the minority favored repeal. Members agreed the death penalty is much more expensive than alternatives.

A bill to expand the death penalty to include murders committed while being in a person's home without permission was defeated.

• 2011 Disregarding the conclusions of the Death Penalty Study Commission, the legislature voted to expand the death penalty statute to include homicide committed in conjunction with burglary of an occupied structure.

• 2012 Both major party candidates for Governor expressed opposition to the death penalty. The winner, Maggie Hassan, said she would be willing to sign repeal legislation.

• 2014 The NH House voted by a 2:1 margin to repeal the death penalty, but the Senate deadlocked 12 — 12. • 2016 A repeal bill was introduced in the Senate and deadlocked at 12-12. A death penalty expansion bill introduced in the NH House was soundly defeated.

• 2017 A death penalty expansion bill was introduced in the House, and was defeated on a division vote of 305-46.

• 2018 A death penalty repeal bill is introduced in the Senate with 13 bipartisan cosponsors

New Hampshire has not had an execution in 79 years.

In the 40 years since reinstatement of the Death Penalty, until the John Brooks and Michael Addison cases, no one has been convicted of a capital crime in NH. Bath Row Exoneree Stories Over 150 innocent people have been exonerated from Death Row since 1976. Here are just some of their stories.

KIRK BLOODSWORTH . An honorably discharged former Marine, Kirk Bloodsworth is the first person in the United States exonerated from death row by DNA testing. In 1984 he was arrested for the rape and murder of 9-yr-old Dawn Hamilton. He was sentenced to death in Maryland. The circumstantial evidence pointing Kirk to the 1984 crime was the testimony of five witnesses who placed him either with the victim or near the scene of the crime. In 1992, Kirk read about a new forensic breakthrough called DNA fingerprinting, and lobbied successfully for prosecutor's approval for its use on evidence collected at the crime. The tests incontrovertibly established Kirk's innocence, and he was released in June 1993. The DNA evidence would later identify the actual perpetrator, who was serving a prison sentence for another rape. :3-1.11=11 JOE D'AMBROSIO 1111111M111. Joe D'Ambrosio was an honorably In 2006 a federal judge ruled that discharged sergeant in the US Army who prosecutors withheld critical exculpatory spent 20 years on death row for the evidence in Joe's case including 1988 murder of Tony Klann. There was contradictory witness testimony and never any evidence thatJoe was at the analysis from veteran detectives, and scene, butJoe and two other men, threw out Joe's conviction. Just before Michael Keenan and Ed Espinoza, were retrying Joe again, even more evidence all charged with his murder. In exchange was uncovered. for Espinoza's incriminating testimony On January 23, 2013, when Joe finally against Joe and Keenan, he was given a became a free man, he said, "Today was 12-year sentence. Joe was sent to death 23 years in the making. Justice has finally row. prevailed." RANDY STEIDL Randy Steidl spent 17 years in Illinois prisons, including 12 on death row, before his exoneration in 2004. He was wrongly convicted and sentenced to die for the 1986 murders of Dyke and Karen Rhoads. But an Illinois State Police investigation in 2000 found that local police had severely botched their investigation, and that the case was riddled with political corruption that led all the way to the Illinois Governor's office. Randy had poor legal representation, and witnesses fabricated testimony against him due to police misconduct. An investigation by the Illinois State Police proved that local law enforcement and prosecutors had framed Randy. In 2003, a federal judge overturned Randy's conviction and ordered a new trial. The state reinvestigated the case, tested DNA evidence, and found no link to him. On May 28, 2004, Randy was released. RAY KRONE Before his exoneration in 2002, Ray spent more than 10 years in Arizona prisons, including nearly three years on death row, for a murder he did not commit. His world was turned upside down in 1991, when Kim Ancona was murdered in a Phoenix bar and he was arrested for the crime. The case against him was based largely on circumstantial evidence and the testimony of a supposedly "expert" witness, later discredited, who claimed bite marks found on the victim matched Ray's teeth. He was sentenced to death in 1992. In 2002 an appeals court that DNA found at the murder scene indicated the guilt of another man, Kenneth Phillips. Ray became the 100th person exonerated from death row in the United States since 1973.

..... JUAN MELENDEZ Juan Roberto Melendez-Colon spent years afterJuan was sentenced to nearly 18 years on Florida's death row for death, he would have been executed. a crime he did not commit, before being Ultimately, it came to light that the exonerated in 2002. prosecutor had systematically withheld exculpatory evidence. The crime in Juan's case was particularly brutal. The victim was Delbert Baker, a Juan has been tireless in his efforts to white man, who was shot three times and educate the public on the problems of had his throat slashed. the death penalty and the risks of executing an innocent person. "I will Juan, who could not afford an attorney, not stop until we have abolished the was convicted and sentenced to death death penalty in every corner of this within a week, even though there was no nation!" physical evidence against him. Had it not been for the fortuitous discovery of a transcript of the taped confession of the real killer 16 DEBRA MILKE Debra Milke was arrested for the 1989 murder of her 4-year-old son Christopher, who was supposed to have been taken to a mall to see Santa by Debra's friend, James Styers. Detective Saldate questioned Roger Scott, a fried of Styers, who led them to the boy's body. Detective Saldate claimed he was told that Debra Milke conspired to have her son murdered to receive a life insurance payout. Detective Saldate also claimed that Debra Milke confessed to the murder and tried to seduce her way out of the charge. Despite the complete lack or of forensic or physical evidence, nor any implications in court from Roger Scott and James Styers of Debra's involvement, she was convicted of murder and sent to death row on the basis of the testimony of detective Saldate. In 2013, after 20 years on death row, an appeals court overturned Debra's conviction after learning that prosecutors withheld from the jury Saldate's personnel record, which 'ncluded a long history of providing false testimony, lying under oath and felony extortion. Chief Judge Alex Kozinski of he federal 9'h Circuit Court of Appeals wrote: "The Constitution requires a fair trial, this never happened in Milke's case. The state knew of the evidence in the personnel file and had an obligation to produce the documents ... there can be no doubt that the state failed in its constitutional obligation." Debra Milke was freed in March, 2015. The Price of Innocence Is Too High Senator Kevin Avard March 9, 2018

Since the death penalty was reinstated in the United States in 1973, for every 10 people who have been executed across the country, one person has been exonerated. Can we continue to live with a 10 percent wrongful conviction rate in capital punishment cases? I cannot, which is why I have introduced a bill to abolish the death penalty in New Hampshire.

I have reached the point where no argument made in favor of capital punishment can overcome the reality that having the death penalty inevitably means that innocent people have been and will continue to be wrongfully convicted and executed. The only way to guarantee that the innocent are not wrongfully executed is to abolish capital punishment.

In fact, no one in the State of New Hampshire has been executed since 1939. This not only begs the question of whether this punishment is needed in our state, but allows New Hampshire to never be in a position to wrongly execute an innocent person now or in the future if we eliminate the death penalty today.

In lieu of capital punishment, those convicted of crimes that would previously have carried a death sentence would now result in sentences of life without parole (or LWOP). People can and will continue to debate whether LWOP is comparable to a death sentence; some say it is worse, others disagree. But, my view is this: a person wrongfully convicted and sentenced to LWOP can be released. A person wrongfully convicted and executed cannot.

As a lawmaker, I can no longer support a policy that we know for a fact results in the execution of people innocent of the crimes for which they are sentenced. What does it say about our state, as us as Granite Staters, if we continue to support a policy for which the price tag is the execution of the innocent?

Our justice system will never be perfect. We should and will continue to reform it the best that we can, but the reality is that we will never be able to guarantee that the justice system never gets a conviction wrong. As a society, we live with that. We do the best that we can every day. But, we do not have to support a system in which our mistakes result in the unjust execution of human beings. We can at least prevent our criminal justice system from having that worst case scenario.

School children are taught the phrase, "Why do we kill people who kill people to show that killing people is wrong?" Imagine if our children came home to ask, "Why do we kill people who are innocent to show that killing people is wrong?" If we work together to abolish the death penalty, we will never have to answer that unthinkable question. Op-Ed submission by Margaret Hawthorn, murder victim family member March 9, 2018

As a murder victim's family member, I strongly support abolition of the death penalty in New Hampshire. Citing concern for victims' family members, Governor Sununu has threatened to veto (name of the bill), should it reach his desk.

In April, 2010 our daughter Molly MacDougall, then 31, was shot in the face in Henniker, NH by a young man who took a fancy to her the moment he met her. When she declined his advances, he made a lethal response, jut four days after first laying eyes on her. Molly was happily married and living with her husband in a house on his family's farm. Two weeks from graduating from New Hampshire Technological Institute's nursing program, she hoped to become an operating room nurse. New Hamp- shire lost a good and responsible citizen that day. Our family lost a precious light in our lives.

From childhood, I had opposed the death penalty, even as I grew up in a family that supported it. Nonetheless, I had sometimes thought "easy for me to espouse non-violence when I haven't been put directly to the test." The question "what if it were your loved one?" hung in the air. Now it was my loved one.

The man convicted of her murder is serving a 40-to-life sentence. While the original charge was first degree murder, the case did not qualify as capital. This came as a relief; we had enough trauma without the specter of a second death connected to our loss.

The criminal justice system served our family to the best of its ability, but nearly eight years later it doesn't come close to eliminating the pain over our daughter's death. I wouldn't want to endure the prolonged ordeal of appeals, publicity, etc, only to discover for myself that an execution seldom - if ever - brings the peace of mind family members anticipate. As another victim's family member describes it, "Healing is a process, not an event."

Proponents of the death penalty often cite the feelings of victims' family members, as Governor Sununu has. For me, the best possible outcome would be to see the man who killed my daughter make a positive contribution with the life he is now to live in prison. To see him do something constructive would be to give me back a tiny piece of the goodness that lived in my daughter. There is no promise this will happen, but an execution would guarantee it couldn't.

Here are three points to consider when taking victims' loved ones into account: 1. The death penalty is potentially divisive among victims' families as one crime is deemed more heinous than another, or one life is valued above than another in the state's decisions about which cases to prosecute as capital.

2. A 2012 Marquette University Law School study reported that victims' loved ones had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences.

3. Lula Redmond, a Florida therapist who works with family members of murder victims, has said, "More often than not, families of murder victims do not experience the relief they expected to feel at the execution. Taking a life doesn't fill that void, but it's generally not until after the execution that families realize this."

I urge Governor Sununu not to veto abolition in my family's name.

Margaret Hawthorn Rindge, NH From: Julia Rodriguez, Murder Victim Family Member Friday, March 9, 2018

To the Editor: finally repealing the death penalty in our state. Despite the fact For over 16 years now, my family and I that New Hampshire has have been living with the aftermath of not executed anyone since 1939, the death of my brother, Greg this antiquated practice is still Rodriguez, who was among the on the books. It's time to codify thousands of innocent victims killed in our instinctual aversion to the act the horrific 9/11 attacks. Greg worked of killing by passing S8593. near the top of the North tower of the World Trade Center for the firm Cantor As we seek to improve our criminal Fitzgerald, which lost nearly 80% of its justice laws, we cannot afford to employees that day. indulge ourselves in the revenge fantasies of capital punishment. At The shock of the events of 9/11 this critical juncture, I call on our changed me and my family forever. The worst blow elected officials to reject the death penalty by was of course the sudden loss of Greg, our horror voting for 58593. amplified in witnessing of so many others' gruesome deaths, as well as sharing in the nation's Governor Sununu has stated that should SB593 general feeling of vulnerability. pass, he plans to veto it. His rationale is to stand by crime victims and their families. Yet While I have felt endless grief for my brother, it the Governor's position does not reflect mine. It is never translated into a desire for vengeance. I wrong to assume that because someone is a crime have fleeting anger, but mostly, I just feel sad. I feel victim, or the family of a victim, that they support sad for my brother, for a community that has to go the death penalty. We cannot be combined under on without him, and for the other victims. I feel sad a single heading. I urge the Governor to rethink his for a world with senseless violence in it. statements and assumptions about victims of violent crime. I urge him to support SB593. No matter what I feel about the perpetrators of the act, however, it won't bring my brother back. We State-sponsored execution is not justice. Capital must look forward: towards healing on the punishment brings us down to the level of the personal level, and towards justice on the societal perpetrators, and we in turn suffer from our level. What is justice in the face of homicide? For own vengeful passions. A convicted murderer may me, it is understanding how it happened and deserve our pity, our contempt, and the loss of holding the perpetrators accountable for their freedom. But if we carry out the purposeful, criminal acts. It is removing the guilty parties from premeditated extinguishing of another life, it society so they cannot harm again. It is creating results at best in a fleeting and deceptive catharsis, laws that try to prevent such acts from happening all the while rending a hole in the social fabric. to other people. Where it is permitted to exist, the death penalty However, justice cannot be reached through creates an additional victim -- all of us -- as we are executions. Two wrongs do not make a right. Two forced to come to terms with our moral choices. wrongs just make more victims. It's time for New Hampshire to abolish the death penalty. The people of New Hampshire have an opportunity to take a stand for genuine justice by Julia Rodriguez, Durham NH SB 593 Testimony of Barbara Keshen

In my 30 year career in criminal law I handled approximately 100 homicide cases, half as a prosecutor in the NH Attorney General's office and half as a member of the NH Public Defender.

I have heard many people who are deeply concerned about the way the death penalty is mishandled in other states leading to the conviction of innocent people say that could not happen here in NH. NH is exceptional. I agree with that. In general NH has a criminal defense bar, both prosecutors and defense attorneys who are dedicated and professional. It is exceptional. But it is not infallible. And I know that NH avoided the conviction and possible execution of an innocent man by the narrowest of margins —the width of a condom.

On July 3, 1997 6 year old Elizabeth Knapp was found unresponsive in her bed. Elizabeth lived in a small apartment in Contoocook with her sister, mother and her mother's live in boyfriend, Richard Buchanan. When Elizabeth's mother Ruth could not rouse Elizabeth she called the police. When the police went into the home they quickly determined that Elizabeth had had been raped and murdered. They looked around the apartment which was small and extremely cluttered. There was stuff all over the floors. Elizabeth slept inches away from her sister in the same room and Ruth Knapp slept with Richard Buchanan in a bedroom right next door. The police saw no signs of forced entry. It seemed impossible that someone could have entered the apartment and raped and killed Elizabeth without waking up any member of the family. They immediately concluded that the only person who could have done this was Richard.

The police interrogated Ruth Knapp asking her over and over about the events of the night before. Ruth insisted that she hadn't heard or seen anything and that she didn't know what happened to Elizabeth. After several hours the police told Ruth that Elizabeth had been raped and murdered and that someone in that household had done it — either her or Richard. Ruth's statement was videotaped. It was clear at that point that Ruth was traumatized and exhausted. She broke down keening and sobbing and told the police that she had witnessed Richard in Elizabeth's room having sex with her.

That statement is completely untrue. Her eyewitness account is completely fabricated. Probably out of fear. How do we know? Because fortunately there was DNA evidence. Semen was recovered from Elizabeth's vagina and it was conclusively determined that the semen was not Richard's. Someone else had indeed done what the police believed was impossible— entered the apartment without waking anyone and raped and killed Elizabeth. A murder in the course of a rape is punishable by death. And in this case, the violent murder and rape of a six year old child, it is highly likely the State would have brought a capital murder charge and sought the death penalty. And there is every reason to believe that a jury would have been justifiably outraged by this awful crime and sentenced Richard to death.

The police in this case were highly trained and respected State Police Homicide detectives. They are not evil men. They did not set out to frame an innocent man. They did not set out to manipulate the mother of the victim into giving a false eyewitness account. Their conclusion that only Richard could have committed this offense was rational and understandable. But they were wrong, and they badgered and threatened a distraught mother into giving a fictitious account not because they are bad people or bad investigators, but because it seemed so obvious to them and they wanted to build their case. They were well intentioned. They just made a mistake.

The prosecutors had seen the same evidence that the police had seen. The cluttered living conditions. The lack of forced entry. They, too, were convinced that Richard Buchanan was the perpetrator. So when they received the DNA findings that excluded Richard as the donor of the semen, they were stunned. So stunned that they figured that the results were either wrong or that there had to be some other explanation that still implicated Richard. The prosecutors withheld the tests results from Richard's defense attorneys for weeks while they tried to figure out how Richard could still be guilty.

When we did get the test results we immediately filed to have Richard released on bail. The court agreed and Richard was released, but he spent many additional and unnecessary weeks in jail under the most egregious conditions. Richard was held at Merrimack County Jail. When in general population he had been attacked so the warden put him in solitary confinement for his own protection. His meals were served to him by other inmates, and they routinely urinated on them. Inmates threw feces into his cell. Richard was becoming malnourished, deeply depressed and hopeless and he lived in constant terror.

It is true that NH is exceptional. I am proud to have served as a prosecutor and as a defense attorney in a system that is generally fair and balanced. But the NH criminal justice system is not infallible. Mistakes have been made and will be continued to be made by well-meaning, highly trained, professional and diligent people. The risk of executing an innocent person may be small, but it is real. I urge you to support SB 593. New Hampshire Council of Churches People of faith strengthening New Hampshire communities.

PO Box 1087, Concord, NH 03302-1087 (603) 224-1352 www.NHChurches.org

Joint Statement on the Death Penalty

The New Hampshire Council of Churches, an ecumenical Christian body of ten diverse denominations including Protestant, Anglican, Roman Catholic and Orthodox Christian traditions, regard the use of capital punishment as problematic and unacceptable. As Christians we believe that every human being is created in the image and likeness of God (Gen 1:26). In our human condition sin tarnishes this image; nevertheless, we believe that the promise of redemption is offered to all through repentance. Thus, each of us is called to respect the life and dignity of every person, even when that person denies the dignity of others. We must still recognize that their dignity is a gift from God and is not something that is earned or lost through their behavior. Respect for life applies to all, even the perpetrators of terrible acts.

Scripture cautions us: "Do not repay anyone evil for evil, but take thought for what is noble in the sight of all" (Romans 12:17). From this Christian perspective we are led to conclude that the death penalty does not provide justice. Instead the death penalty perpetuates inhumane retribution, fosters feelings of revenge, and exacerbates a cycle of violence upon the perpetuators and victims without regard for that which is noble. These responses dehumanize society and blind us to God's image in all; perpetrators and victims, rich and poor, young and old, Christian and non-Christian, no matter what color their skin may be. The use of capital punishment does not restore a broken society; it perpetuates the violence and injustice instead of condemning such intolerable acts.

Therefore, we, the undersigned, condemn the expansion of capital punishment and call for the abolishment of its use in the State of New Hampshire, asking all to seek that which is noble.

Adopted by the Board of Directors May 20, 2010

Member Denominations: American Baptist, Episcopal, Evangelical Lutheran Church of America, Friends,

Greek Orthodox, Presbyterian Church/USA, Roman Catholic, United Church of Christ, United Methodist, Unitarian Universalist GREGORY H. SMITH Direct Dial: 603.230.4401 Email: [email protected] Admitted in NH and MA II South Main Street, Suite 500 M CLANE Concord, NH 03301 T 603.226.0400 MIDDLETON F 603.230.4448

April 4, 2018

The Honorable David Welch Chairman, House Criminal Justice and Public Safety Committee The New Hampshire House of Representatives Room 204 Legislative Office Building Concord, NH 03301

Re: SB 593-FN Relative to the penalty for capital murder

Dear Chairman Welch and the Honorable Members of the Committee:

I have had the great privilege to serve as the New Hampshire Attorney General from 1980 to 1984 and a homicide prosecutor in that office from 1973 and 1980. For over 11 years, I had authority and responsibility for criminal prosecutions, including capital cases. I was responsible for enforcing the criminal law of this State for many years; I have concluded that the death penalty in New Hampshire should be repealed. Accordingly, I write to urge you to pass SB 593-FN, repealing the death penalty in New Hampshire, because I believe it is the right thing to do.

In the 30 years since I left office I have learned more about our evolving understanding of the prosecution of capital murder cases in the United States and in New Hampshire. It seems clear to me the great weight of evidence supports the following conclusions:

1. Despite the best efforts of those working within the system, we are unable to prosecute capital cases with the level of confidence that we can do so with the justice and fairness that those cases certainly require.

2. We cannot do so with confidence that all defendants receive justice because we know that in a very significant number of cases the innocent have been convicted. And by the very nature of these cases, the procedures upon which we rely to correct errors are unavailing to innocent executed prisoners.

3. We cannot be assured that such cases are handled fairly because of the compelling evidence that the sequence of decisions by police, prosecutors, and juries produces a clearly disparate imposition of this penalty on certain racial and ethnic groups, as well as the economically disadvantaged in our society.

McLane Middleton, Professional Association Manchester, Concord, Portsmouth, NH Woburn, Boston, MA

McLane.com The Honorable David Welch Chairman, House Criminal Justice and Public Safety Committee April 4, 2018 Page 2

4. The selective nature of the imposition of this penalty is demonstrated by the fact that we have not executed anyone in a capital case in New Hampshire since 1939, although there have been several cases that qualified for prosecution as capital cases under our law.

5. The fact that for the better part of a century we have not prosecuted and executed anyone for capital murder makes this punishment by any definition unusual. There are approximately 15,000 murders committed in the United States each year. Of those, only about 100 are charged with capital murder, and only a small percentage are convicted and sentenced to death.

6. It is unusual in another way. It is the only penalty imposed by a jury, and not by a judge. But the jury asked to impose a death penalty has never been called upon to sentence anyone in such a case before. And while the sentence can be reviewed, it can only be reviewed as to whether the aggravating circumstances have been satisfied, and not whether there has been equal justice under law.

7. At the very least, in New Hampshire public opinion is sharply divided. Any New Hampshire jury will be made up of people with differing views. Given the disagreement over the wisdom of the death penalty, one defendant may be sentenced to death simply because he or she draws a jury favorably disposed to the death penalty. An equally culpable defendant may be spared because he or she draws a jury made up of those who think the penalty unwise. The death penalty will likely be applied unfairly when support for it at best is sharply divided.

8. Moreover, the decision to charge the death penalty in the first place will depend upon the personal views and judgement of the Attorney General in office when a crime occurs, and equally culpable people may face different penalties based on the views of the prosecutor.

These factors make it clear to us that it is not possible to have a death penalty which is applied consistently and fairly.

When we consider that although there have been many cases that would have qualified under our capital punishment statute for the death penalty in the last 75 years, as we look ahead, how is it that we are able to conclude we know, in all fairness and justice, who that one person is who deserves to be singled out and put to death?

There are some who say that by the imposition of the death penalty we show honor and respect for our law enforcement officers. I have served with dedicated law enforcement officers and have the highest regard for, and honor their sacrifice and service. I do not believe that we show our deep respect for law enforcement officers or the rule of law, by putting our prisoners to death.

We can see clearly in the broad sweep of history that we in this great American Republic, stand squarely in the Judeo-Christian, Greco-Roman traditions of Western civilization in the The Honorable David Welch Chairman, House Criminal Justice and Public Safety Committee April 4, 2018 Page 3

value we place on human rights and human dignity. For our commitment to these political ideals, we have been described as the "last best hope of humanity".

We can see in the advancing maturing process of civilization, a steady move away from and abolition of the death penalty in western societies and American States.

Today we stand alone among the Western democracies in continuing to use the power of the State to put our prisoners to death. In doing so, we place ourselves in the uncomfortable company of an Iran, Saudi Arabia, China and North Korea. Company, I submit, in which we should not belong.

The purposes of sentencing in the criminal justice system are: rehabilitation, reform, protection of society, and deterrence. But the weight of the evidence is compelling; the possibility of a death sentence offers no greater deterrent effect than a maximum sentence of life without parole. And in New Hampshire the sentence of life without parole means just that. Those who receive it without exception spend the rest of their lives in prison. There is not one single case in New Hampshire of a person receiving life without parole who has been released. And there are some who believe, as I do, that life without parole is as severe, or more so, than the death penalty in its enduring effect on the convicted prisoner.

The death penalty indisputably serves none of these purposes of criminal sentencing beyond protection of society. Yet the sentence of life without parole fully meets this objective.

While I think we would not make this decision on the basis of cost alone, it is also inescapably true that the enormous costs of death penalty prosecutions far outweigh the costs of life without parole, consuming scarce public resources that could be much better put to the benefit of our society.

I realize this is a judgment that is placed in your hands, but it seems to me that the time has come for New Hampshire to join the States that are moving away from any use of the death penalty. I urge you to abolish the death penalty in New Hampshire.

And I would be glad to try to answer any ques 'ons you may have now, or anytime later while you have this legislation under consideration.

Respect 7 ubmitted,

dist nith GHS:slb

81333\13296760 Julia Rodriguez Testimony against the Death Penalty March 2018 State House, Concord NH

My name is Julia Rodriguez and I live in Durham. I am a history professor at UNH but today I speak as a private citizen and as the sister of a crime victim.

On September 11, 2001, I left my house around 8:45 to drive my son to Kindergarten at the Child Study and Development Center at UNH.

I arrived in his classroom to the sight of parents huddled worriedly, talking in hushed tones about how a plane had just hit the World Trade Center.

Upon hearing those words, I went instantly into panic mode. My brother Greg, 31 years old, worked near the top of the North Tower. I knew he had just returned the day before from a week's vacation. He was most likely in the building.

We lost Greg that day. He was my only sibling. The shock of his death, amplified by the larger events of 9/11, changed me and my family forever. My parents lost their only son; his wife of one year, Elizabeth, lost her husband; my grandparents had to outlive their only grandson; I lost my brother; my son lost his uncle; and, most unbelievable to me, my two daughters, born in 2002 and 2006, would never meet him.

Like many survivors of murdered loved ones, my family has sought healing on the personal level, and justice on the societal level. We have closely followed the investigations and criminal proceedings regarding 9/11, and have on occasion called for justice for the victims and their survivors.

What is justice in the face of homicide? For me, it is understanding how it happened and holding the perpetrators accountable for their criminal acts. It is removing the guilty parties from society so they cannot harm again. It is creating laws that try to prevent such acts from happening to other people.

However, justice cannot be reached by killing in turn. Two wrongs do not make a right. As Mahatma Gandhi said, "An eye for an eye makes the whole world blind."

While I have felt endless grief for my brother, and sought justice, my feelings have never translated into a desire for vengeance or retribution. I do not want to live in a society with state-sanctioned executions. Imagining its application does not help my pain or bring closure, but in fact intensifies it.

Luckily, we have an alternative: Senate Bill 593, that would change the penalty for capital murder to life imprisonment without possibility of parole.

Despite the fact that New Hampshire has not executed anyone since 1939, this antiquated practice is still on the books. It's time to codify our instinctual human aversion to the act of killing by passing SB593.

Even if you don't agree with my principled stand against state executions, there are practical reasons to eliminate it. Capital punishment proceedings, always on shaky constitutional grounds, are lengthy and expensive. They drain precious criminal justice dollars and drag out trials, both of which prolong the pain of victims.

It's time for New Hampshire to abolish the death penalty. Right now, we have the opportunity to join our neighbors Maine, Vermont, Massachusetts, CT, and RI, along with 14 other states, all of whom already have.

We can join the moral leaders on this issue right now, by enacting SB 593. The people of New Hampshire have an opportunity to take a stand for genuine justice by finally repealing the death penalty. That's the kind of state I want to live in. April 2, 2018

NH House Criminal Justice and Public Safety Commission Concord, NH

Dear Committee Members:

There are many reasons to abolish the death penalty but I will address only one of them as a victim of attempted murder and widow of a murder victim. Some people argue that the death penalty will bring "closure" or comfort to family members. Use of the death penalty on the gunman who shot my husband would provide absolutely NO BENEFIT to me or my family. A murder in a family stays with us for the rest of our lives.

In this time of so much gun violence we need to teach our children by example. What message is the death penalty sending to our next generation? We have no more right to end a life than a gunman who murders. We must build a society where killing by anyone can not be tolerated—and THAT INCLUDES THE GOVERNMENT.

Please vote yes for SB 593 for abolition of the death penalty. Thank you.

Respectfully,

Anne Lyczak Portsmouth, NH Testimony in favor of SB 593 By Margaret Hawthorn

April 4, 2018

As a murder victim's family member, I strongly support abolition of the death penalty in New Hampshire.

In April, 2010 my daughter Molly MacDougall, then 31, was shot in the face in Henniker, NH by a young man who took a fancy to her the moment he laid eyes on her. When she declined his advances, he made a lethal response, jut four days later. Molly was happily married and living with her husband in a house on his family's farm. Two weeks from graduating from New Hampshire Technological Institute's nursing program, she hoped to become an operating room nurse. New Hampshire lost a good and responsible citizen that day. Our family lost a precious light in our lives.

From childhood, I had opposed the death penalty, even as I grew up in a family that supported it. Nonethtless, I had sometimes thought "easy for me to espouse non-violence when I haven't been put directly to the test." The question "what if it were your loved one?" hung in the air. Now it was my loved one.

The criminal justice system served our family to the best of its ability, but nearly eight years later it doesn't come close to eliminating the pain over our daughter's death. I wouldn't want to endure the prolonged ordeal of appeals, publicity, etc, only to discover for myself that an execution seldom - if ever - brings the peace of mind family members anticipate. As another victim's family member describes it, "Healing is a process, not an event."

Proponents of the death penalty often cite the feelings of victims' family members. As both a person of faith and murder victim's family member, I hold a persistent belief in the possibility of redemption. The most hopeful outcome in my family's situation would be to see the man who killed my daughter make a positive contribution with the life he is now to live in prison. To see him do something constructive would be to give me back a tiny piece of the goodness that lived in my daughter. There is no promise this will happen in any individual case, but an execution guarantees it can't.

Here are three points to consider when taking victims' loved ones into account:

• The death penalty is potentially divisive among victims' families as one crime is deemed more heinous than another, or one life is valued above than another in the state's decisions about which cases to prosecute as capital. A 2012 Marquette University Law School study reported that victims' loved ones had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences.

Lula Redmond, a Florida therapist who works with family members of murder victims, has said, "More often than not, families of murder victims do not experience the relief they expected to feel at the execution. Taking a life doesn't fill that void, but it's generally not until after the execution that families realize this."

Speaking as a person of faith, I am convinced state killing of a person in the name of justice is an act of ultimate faithlessness. I place my faith in a divine justice that exceeds petty human imagination. I trust the God who loves me and also loves the man who murdered my daughter to discern and carry out appropriate justice in so grave a matter as the taking of a human life.

I urge this committee to recommend passage of SB593.

Margaret Hawthorn TESTIMONY ON SENATE BILL 593

April 4, 2018

My name is Phil Runyon. I'm from Peterborough. I've been a member in good standing of the New Hampshire Bar for 44 years, and I was the presiding justice of the 8111 Circuit Court for 27 years, before being required to step down last year upon reaching the mandatory retirement age. That's an issue for another day.

I am unable to appear in person today; however, I want to be on record as strongly as possible in favor Senate Bill 593, and I want to tell you what I've just written to Governor Sununu.

I started with a rhetorical question: Why in this day and age when the death penalty has seen its demise in every other New England state and in every other country that we care about, why would we cling to it here in New Hampshire?

The two primary arguments always advanced are (1) that fear of being executed deters murder and other capital offenses, and (2) that some crimes are just so heinous that we owe it to the victims' families to impose the ultimate retribution.

Let's take deterrence first. I never had the authority to impose the death penalty in Circuit Court, but over 27 years I learned a lot about how the criminal mind works. And what I learned is that criminals don't give even a moment's thought to the eventual consequences of their actions.

In the first place, most violent crimes don't occur with any forethought at all — they happen in the heat of a moment, in the midst of an argument, under the influence of alcohol or drugs, or all of the above.

In the second place, if a crime is premeditated, the criminal doesn't think he'll be caught or he wouldn't commit the crime to begin with.

So that's basic psychology 101 as I've seen it played out hundreds of times.

But in New Hampshire, the psychology is further exaggerated. In the history of New Hampshire since 1734, there have been 24 executions. That's 24 executions in 284 years. And as I know you know, there's been no execution here since 1939 — that's 79 years. If you were a criminal and knew those statistics, would they deter you from committing a capital offense?

Now let's look at the death penalty's deterrence in broader terms. Of the 10 states with the highest murder rates in the country, 8 of them still have the death penalty and use it — often quite a lot. New Hampshire, on the other hand — which hasn't executed anyone in 79 years - has the lowest murder rate in the country year in and out.

And why is that? There could be lots of reasons, but it's certainly not because of fear of the death penalty. I submit it's because we have a well-educated, peace-loving, law-abiding population - and because we have highly-trained, well-respected local law enforcement officers whom we know personally and who treat us with respect in return.

The bottom line is that we just don't need the death penalty as a weapon of law enforcement here, and abolishing it would have nothing to do with respecting and supporting our officers.

OK, but what about those situations where the very worst happens no matter what we do to avoid it? Shouldn't those killers be made to pay the ultimate price, and isn't it disrespecting the victims' families otherwise?

I submit that's not the case at all. I submit that executing a murderer is letting him off the hook. I submit that having a convicted murderer know that he's going to sit in a cell for the rest of his life, without any hope of release, and have to think every single day about what he's done to his victim's family, his own family, and himself is a much more worthy and effective penalty. And has more deterrence value, too.

Furthermore, if we're concerned about a victim's family, wouldn't it be more humane to them to have a murderer likely plead guilty, as often happens when a death sentence is off the table, without the need for a long and stressful trial, without the risk of no conviction at all because of a "technicality", without more than 10-20 years of appeals in most cases, without the fear of a conviction being overturned, and without perhaps having to endure yet another trial and the aftermath again?

More and more victims' families are answering yes, yes, yes, especially if they had known at the outset what they've come to experience since then.

Let me conclude with this. I know we tend to do things our own way in New Hampshire, without being swayed by what happens anywhere else. But in the family of nations worldwide, every one of our closest relatives has abolished the death penalty and has a lower murder rate than we do — in most cases dramatically lower — and the only places where the death penalty remains in full force are the places where life is cheap and where respect for justice and the law are non-existent: China, Syria, Iran, Iraq, Afghanistan, Saudi Arabia, Yemen and North Korea. Is that really the company we want to keep? I'm afraid that's what we're saying if we don't pass and enact this bill.

I urge you to support this bill and bring our law into conformity with the rest of our New Hampshire values. Testimony for the NH House Committee on Criminal Justice and Public Safety- SB593.

I'm Gray Fitzgerald. I live here in Concord. I'm a retired United Church of Christ pastor and currently am chair of the Justice and Witness Ministry of the United Church of Christ, NH Conference.

Obviously, those of us in the Christian faith are coming out of the celebration of Easter, but we also remember that the events of Easter were preceded by an execution. The execution of Jesus. So, our faith is rooted in following a man who was executed. Obviously, from the Christian perspective, that execution was a huge injustice. It's also impossible to imagine this man who was unjustly executed, advocating for the execution others. When we put all that together, for us, to support the death penalty would be extremely incongruous. Not only incongruous, but unfaithful.

As we remember that Jesus was put to death unjustly, we also are aware that many in this country have been executed unjustly. Only after they have been put to death it is discovered that they were innocent. In a similar way, many have been on death row for years and then it is found that they are innocent. Our system of justice has many strengths, but one doesn't have to read many of these stories to be aware that we are very imperfect human beings and that our system of justice is very fallible. When our justice system fails, the consequence should not be the death of an innocent person.

In the preamble to the United States constitution, there are the words, "in order to form a more perfect Union". We won't ever establish a perfect union, or a perfect justice system. But we can establish a more perfect justice system. You can do that by abolishing the death penalty in NH. Please do that. New Hampshire Council of Churches ) The New Hampshire religious advocate for peace, justice and the integrity of creation

March 12, 2018

Dear Members of the House Committee on Criminal Justice and Public Safety:

The New Hampshire Council of Churches is an ecumenical Christian body of nine diverse denominations: American Baptist, Episcopal, Evangelical Lutheran Church of America, Society of Friends (Quaker), Greek Orthodox, Presbyterian Church (USA), United Church of Christ, United Methodist and Unitarian Universalist. All nine of these denominations unanimously regard the use of capital punishment as problematic and unacceptable.

Our membership, in addition to the membership of the Roman Catholic diocese represents the faith and conscience of about five hundred thousand Granite Staters. To summarize that faith, I'll offer these points: the sacredness of life, human equality, ending cycles of violence and the core Christian belief in redemption

First, in Genesis 1:26, we read that "God said, `Let us make [the human race] in our image, after our likeness.'" Christians believe that every human life is sacred, even when that person denies the dignity of others. We recognize that the sacredness of life is a gift from God, neither earned through good behavior nor lost through terrible acts.

Second, that sacred dignity is found equally in every person since all people have the same divine Creator. Statistics on the death penalty reveal that the United States applies the death penalty unequally as to race, class and other categories. Of course this violates the Constitutional concept of equal protection under the Law. More fundamentally, it violates the equality with which God has imbued the human race in creation.

In New Hampshire we want to believe that these shortcomings do not apply to us here and that we serve justice more impartially than in other parts of the nation. Unfortunately Christians know that human beings are fallible and make poor decisions. We know that we will apply laws unequally. When it comes to capital punishment, we cannot trust our fallible selves to choose between life and death impartially or justly.

Finally, God can redeem any person, no matter their past, and bring them to the forgiveness and mercy of God. The death penalty closes off the possibility of God's redemption through our presumption that we know better than God.

For these reasons: the sacredness of life, human equality and the core Christian belief in redemption, I urge you all to support Senate Bill 593 and repeal New Hampshire's death penalty.

With gratitude and hope,

Rev. Jason Wells Executive Director

PO Box 1087, Concord, NH 03302-1087 140 Sheep Davis Road, Pembroke, NH 03301 (603) 219-0889 [email protected] www.NHChurches.org NEW HAMPSHIRE COALITION TO cti >Led, o4 ( e ABOLISH THE DEATH PENALTY www.nodeathpenaltyNH.org Ai 44 Tm,a

The Reverend Most Reverend • • Transitional Conference Ministet, Bishop of the Roman Catholic. New Hampshire Conference of Diocese of Manchester the United Church of Christ

"The death penalty neither deters others nor brings "Because the death penalty goes against the creating, a perpetrator to understanding but instead, publicly loving and renewing God that we find in our scriptures, validates the very act of taking a human life. I urge the United Church of Christ has long called for abolish- Catholics and all people of good will to advocate for ing the death penalty. There are better, more humane justice worthy of our best nature and to oppose gov- ways that we as a society can support victims and treat ernment-sanctioned killing that is unnecessary in our criminals!' modern society."

The Rt. Rev. _A. Rok•ert Hirschfeld, ' Temple Beth Jacob, Bishop, Episcopal Diocese of New Concord, NH Hampshire

"Jews are united in our opposition to the death penalty. "Repealing the Death Penalty in New Hampshire is a We believe that only God is infallible. Humans being way of saying, with our Savior,'No more of this!'We human will make mistakes. No evidence has proven seek instead to be guided and healed by a divine love that the death penalty is a deterrent to crime and all that is stronger, and ultimately more effective in bring- human beings possess the power of repentance; the ing justice and peace, than the violence that infects death penalty removes this possibility." our hearts and our society."

oulumpuppik 111r'0 10011.9M Executive Director, of the Senior Teacher, - wo NH Council of Churches from Valley Insight Meditation Society, the Joint Statement on the Lebanon, NH, A Buddhist Community I Death Penalty

"When, even for a moment, we have the attitude in "As Christians we believe that every human being is our minds and hearts that allows for the killing of one created in the image and likeness of God (Gen 1:26). person - no matter what the reasons -- it makes possible All of our member churches agree, therefore, that the the killing of others. The death penalty actually culti- intentional taking of a human life is evil!' vates a culture of violence. Killing never ends by killing, but only by finding a way not to kill does killing end. "

NEW HAMPSHIRE COALITION TO ABOLISH THE DEATH PENALTY ...112011111M...

M.Div., Member of the Monadnock Quaker Meeting and Murder Victim Family Photographer and Writer Member for Human Rights Exeter, NH

"To support the state killing of a person in the name of justice is an act of faithlessness. We are called to trust a "I believe that God, in the Qur'an, tells people that just God to discern and carry out appropriate justice in those who forgive are higher in the sight of God, If we so grave a matter as the taking of a human life." truly believe in the sanctity of human life then we must accept that life and death decisions are God's decisions. I believe that God has expectations of evidence and certainty far above our earthy standards - and that our Creator's levels are impossible for humans to attain. Senior Pastor, Brookside Salamaat" Community Church, Manchester and President of the Manchester NAACP

"Jesus teaches us that the heart of the Gospel is the "As Christ followers, we are called to work toward justice guarantee of grace and restoration. The Death Penalty for all. And as Latinos, we know too well that justice is is in stark contrast to this principle. We are called to not always even-handed.The death penalty is plagued love humanity and be repairers of the breach where by racial and economic disparities and risks executing the broken can be restored and the lost can be found." an innocent person. Human beings are fallible and there is no room for fallibility in matters of life and death."

Sisters of ivlercy (--liermanas cic• la Misericorcli a

"As Sisters of Mercy, we oppose the death penalty because we believe in the value of human life... we "I renew the appeal...for a consensus to end the death recognize the need to develop ways to address the roots penalty, which is both cruel and unnecessary." of violence, and believe that the death penalty is not a deterrent to crime."

"Since we believe there is in every person that of God to which the human conscience can respond, we believe that there are no circumstances in which this sanctity of life can be set aside, "Today capital punishment is unacceptable, however serious the condemned's crime may have been. It is an offence to the inviolability of life and to the dignity 614 of the human person which contradicts God's plan for man and for society and his merciful justice, and it fails URJ to conform to any just purpose of punishment. It does not render justice to the victims, but rather foments "The Union for Reform Judaism believes that there is no revenge." crime for which the taking of human life by society is justified, and that it is the obligation of society to evolve other methods in dealing with crime." 4e, oat oa 0 Evangelical Lutheran Church in America ?P' God's work. Our hands.

011ie Death PenaltyO Social Statement Summary

The text of the social statement of the Evangelical Lutheran Church in America (ELCA) titled "The Death Penalty," adopted in 1991, begins by considering how violence affects us. Recognizing the distrust, harm, anger, sorrow and injustice that follow violence, the statement acknowledges that violence makes us want to seek revenge and yearn after simple solutions. The death penalty is by nature a controversial issue: "While we all look to the Word of God and bring our reason to the death penalty issue, we can and do assess it with some diversity" (p. 2). We begin by assuming that government plays a God-given, protective role. "God entrusts the state with power to take human life when failure to do so constitutes a clear danger to society" (p. 2). This view is qualified, though: "[Tiflis does not mean that governments have an unlimited right to take life" or "must punish crime by death" (p. 2). The text quickly questions whether it is even possible to administer the death penalty justly. By the end, the social statement concludes that it is not. Citing Scripture, the statement supports the Christian calling to "respond to violent crime in the restorative way taught by Jesus and shown by his actions" (p. 2). Restorative justice involves "addressing the hurt of each person whose life has been touched by violent crime" (p.3). Such an approach "makes the community safer for all" (p. 3). Three reasons are given to oppose capital punishment: 1) executions represent an unacceptable, non-restorative approach to violent crime; 2) executions can reinforce social injustice; and 3) the death penalty cannot possibly be administered justly. Non-restorative, excessive focus on the violent offender, coupled with consistent lack of interest in victim well-being, characterize executions. Executions also deny the opportunity for offender "conversion and restoration" (p. 3). The second reason can be explained this way: Violent crime reminds us that we have failed to ensure justice for all members of society, yet people often respond to violent crime as though it were exclusively the criminal's individual failure. Capital punishment makes no provable impact on the breeding grounds of violent crime. Instead, executions harm society by mirroring and reinforcing existing injustice. Ultimately, the death penalty distracts us from our work toward a just society. Finally, it is impossible to administer capital punishment justly. "The race of the victim plays a role in who is sentenced to death and who is sentenced to life imprisonment, as do gender, race, mental capacity, age and affluence of the accused" (p. 4). The justice system is not perfect, and yet an execution cannot be undone if a verdict is overturned. The social statement sums up its opposition: "The practice of the death penalty undermines any possible moral message we might want to 'send.' It is not fair and fails to make society better or safer. The message conveyed by an execution, reflected in the attention it receives from the public, is one of brutality and violence" (p. 4).

Provided by: Theological Diernment Department, Office of the Predding Bop 1 Bill McGonagle 1 Marion's Way Bow, NH 03304

April 4, 2018 NH House of Representatives Criminal Justice & Public Safety Committee, LOB 204

Testimony related to SB 593 and the topic of the Death Penalty

Mr. Chairman and Esteemed Members of the Committee, I have appeared before the Criminal Justice & Public Safety Committee often in my prior role as the Assistant Commissioner for the NH Department of Corrections. I retired from that position in the fall of 2013 and am now free to express my personal opinion regarding the death penalty. My thoughts on this issue begin with a deeply held belief that putting someone to death for causing the death of another is fundamentally wrong. I do not believe that man can morally act as the final arbiter of another man's fate. It is my belief that the decision to seek the death penalty is less a matter of seeking justice than it is seeking vengeance. I seem to recall a church quote from my youth saying "Vengeance is Mine sayeth the Lord. " I have worked over 30 years in the criminal justice system, most of that in adult corrections. I have encountered a number of individuals who have committed heinous crimes and believe they are due a severe penalty for their acts. I believe that serving a life sentence without possibility of parole is such a penalty. In my testimony I could focus on the issues of wrongful convictions, lack of evidence of any deterrent effect, the cost of carrying out the trial and appeals process, the need to create a death chamber, and so on. However, in this testimony I will focus on the issues related to the actual carrying out of a death sentence. 1. The impact on those department of corrections employees called upon to carry out an execution is known to be significant. Even when an execution goes as planned those employees often suffer significant sleep disturbance over a long period of time, frequent problems with alcohol or drug abuse, relational difficulties affecting their roles as spouse or parent and frequently not able to continue in their role as a corrections professional. If these impacts sound familiar, they should. They are symptoms of Post-Traumatic Stress Disorder. The trauma in this case is the taking of a life.

2. But, we know that executions often do not go as planned. The fact that departments of corrections across the country have had to resort to unproven drug combinations to carry out their executions have led to horrific scenes of physical struggle and pain after introduction of the chemicals. One only need to go to YouTube and search for "botched executions in the US" to view some of these events. They are excruciating to watch.

1 3. Physicians, nurses and other medical persons are not allowed to participate in an execution due to their oaths of ethics. Thus, the duty falls to non-medical DOC personnel to carry it out. The procedures for placing the IVs in an inmate's veins are not easily learned and require constant practice. Inmates veins are often degraded by years of drug abuse. It can be very difficult to successfully place the IVs in the blood vessel. The chemicals are often delivered into muscle tissue rather than into the blood stream rendering the chemicals significantly degraded. The results are often extremely cruel.

A corrections employee being required to administer or otherwise participate in an execution in the face of these horrific events will be sorely affected. The thought that, God forbid, the offender is subsequently found to have been innocent would, for this former corrections employee, be too much to bear. SB 593 seeks to change what punishments are available in circumstances of Capital Murder. Life Without Parole is, I believe, a suitable, moral and effective response to such acts that avoids what appear to me to be obvious pitfalls. I ask you to please support passage of SB 593.

Respectfully Submitted,

William McGonagle

2 Florida to seek the death penalty against Conway killer Local News https://www.conwaydailysun.com/news/local/florida-to-seek-the-deat...

https://www.conwaydailysun.com/news/local/florida-to-seek-the-death-penalty-against-conway-killer /articlecca676a6-2b96-11e8-9828-6bb19ae7a78c.html Florida to seek the death penalty against Conway killer

Daymond Steer Mar 19, 2018 Updated 18 hrs ago

Michael Woodbury, then 31, is escorted by Oxford County deputies on July 5, 2007, into District Court in South Paris, Maine, 1 an extradition hearing following the Conway shootings. (JAMIE GEMMITI PHOTO)

OKEECHOBEE, Fla. — The state of Florida is reported seeking the death penalty against Michael Lawrence Woodbury, the 42-year-old former Mainer who shot and killed three people at the Army Barracks store in Conway in 2007.

Woodbury, who is serving a life sentence for those killings, was indicted by a Florida grand jury on March 13 on a first-degree premeditated murder charge following a homicide that took place last September in the Okeechobee Correctional Institution.

1 of 5 3/21/2018, 1:53 PN Florida to seek the death penalty against Conway killer Local News https://www.conwaydailysun.com/news/local/florida-to-seek-the-deat...

On Sunday, Matteo Tullio of the Okeechobee News reported that the indictment referenced the Sept. 22, 2017, killing of a fellow inmate named Antoneeze Haynes.

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Haynes had been serving five life sentences since 1993 for the crimes of attempted murder, robbery, burglary and two counts of kidnapping committed during a 1990 home invasion.

The News' Tullio reported that "according to an investigative summary conducted by the Florida Department of Law Enforcement, Woodbury had barricaded the cell door and began to attack Haynes" with a combination lock tied to a sock.

"Woodbury also placed the lock around his middle finger and punched Haynes, targeted his head, hands and ankles," the story said, adding, "Woodbury also reportedly told correctional officers he had a large knife and would kill Haynes along with the first correctional officer that tried to enter the cell."

Woodbury remained barricaded in the cell for hours until Maj. Frank Gatto arrived and began to negotiate with him. After several more hours, he gave up and allowed officers to handcuff him through the cell door.

"Woodbury was taken to confinement and Haynes was taken to the infirmary and then transported to Raulerson Hospital, where he was pronounced dead," Tullio wrote.

According to the Okeechobee News, Judge Jerald Bryant of Florida's 19th Judicial Circuit, said Florida would seek the death penalty for Woodbury's latest crime.

Longtime Conway residents will remember July 2, 2007, as the day when Woodbury, then 31 and from Windham, Maine, walked into the Army Barracks at 347 White Mountain Highway and shot store manager James Walker, 34, and two customers from Massachusetts, William Jones, 25, and Gary Jones, 23.

2 of 5 3/21/2018, 1:53 PN Florida to seek the death penalty against Conway killer Local News I... https://www.conwaydailysun.com/news/local/florida-to-seek-the-deat...

Walker and William Jones died at the scene, and Gary Jones died later at Maine Medical Center. The two Joneses were not related but were close friends who had been camping in Maine. The two campers walked in on Woodbury and apparently tried to halt his bid to steal gas money for the stolen cars in which he had been living.

The day after the shootings, Woodbury gave himself up to a Fryeburg, Maine, patrol officer in a forested stretch of railbed in that town.

Woodbury has been serving a life sentence without parole in Florida since 2009.

Reached Monday, Jackson Police Chief Chris Perley said he would not object to putting Woodbury to death.

At the time of the Army Barracks killings, Perley was with the Conway Police and was the second officer to arrive. When Woodbury fled the scene, he helped search the wood line with another officer. He said police worked the case for 18 hours straight.

"Michael Woodbury's conduct, both proven here in the state of New Hampshire and as alleged in the state of Florida, shows that true evil does exist in the hearts of some," Perley told the Sun. "Protection against those persons who would do harm to others is the highest order of responsibility for those of us that serve to protect the public from such terror.

"If his recent conduct is true, he should suffer the greatest penalty available to ensure no innocent persons ever suffer at his hands again," Perley said.

Asked for comment, Jane E. Young, Associate Attorney General for the state of New Hampshire, said Monday, "The Florida authorities are the ones to make charging and sentencing decisions since the crime happened in Florida.

"The Attorney General's Office has no comment on the current charges as the defendant pled guilty to three counts of first-degree murder for the crimes he committed in Conway and was sentenced to life in prison without the possibility of parole for those crimes."

In 2012, the Sun reached out to Woodbury on the fifth anniversary of his crimes. He responded in a letter that he handwrote entirely in capital letters.

3 of 5 3/21/2018, 1:53 PK Florida to seek the death penalty against Conway killer Local News https://www.conwaydailysun.com/news/local/florida-to-seek-the-deat...

"I went into that place with the plan of carjacking that man's vehicle," said Woodbury. "This is the true reason I pled out to three life sentences so fast. My lawyer and I was worried if I did not plead out, ASAP, the Feds was going to try and give me the death penalty for capital murder in the commission of a carjacking. Besides my lawyer and I, you are the first to know this. I don't care now, the Feds missed their shot."

According to New Hampshire Attorney General's Office, which prosecuted Woodbury in 2007, it would be up to New Hampshire's U.S. Attorney to bring the carjacking charge against Woodbury.

The U.S. Attorney isn't inclined to recharge Woodbury, said Public Information Officer Theresa A. Leppard at the time.

"The state handled the homicide charges with life sentences, so the United States Attorney's office would not waste resources prosecuting the case," said Leppard.

In his 2012 letter to the Sun, Woodbury said he spends his days working out, meditating on the mind of Satan and studying astrophysics. He said h had renounced violence with one notable exception.

"I may still be a 'Satan-worshipping-predator,' but I will never again bring violence into the equation," Woodbury stated. "The exception being those who rape children."

Along with the note, Woodbury also provided a copy of a report from a Florida prison alleging that Woodbury bloodied and strangled another inmate who apparently told Woodbury he was a child molester. The report was dated May 11, 2009.

"I observed inmate Elliot lying on the floor in what appeared to be blood," wrote the corrections official. Inmate Woodbury was standing beside inmate Elliot also covered in what appeared to be blood. When I questioned Inmate Woodbury as to what happened he stated 'he was a child

4 of 5 3/21/2018, 1:53 PN

Florida to seek the death penalty against Conway killer1Local News L. https://www.conwaydailysun.corn/news/local/florida-to-seek-the-deat...

molester."'

Woodbury said he had served time in Florida from 1996-2002 on a bank robbery charge.

New Hampshire and Florida prison officials refused to comment in 2012 on the reason he was moved.

Editor's note: Reporting from the Okeechobee News reprinted by permission of the publisher.

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787 East Conway Rd, Cit. Con a

Daymond Steer Reporter

5 of 5 3/21/2018, 1:53 pN ZcSIAN-J-AMbu---> r'&t "b',54souN

AMENDMENT TO SB 573

AN ACT extending the penalty of death to hate crimes resulting in the death of the victim.

SPONSORS:

COMMITTEE: Judiciary

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT extending the penalty of death to hate crimes resulting in the death of the victim.

Be it Enacted by the Senate and House or Representatives in General Court convened:

1 Capital Murder. Amend RSA 630:1, I(f)-(g) to read as follows:

(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); [er]

(g) Another[5] who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1;

(h) Another because he or she was substantially motivated to take human life because of hostility towards the victim's actual or perceived religion, race, creed, national origin, sex, or sexual orientation as defined in RSA 21:49, and one or more deaths result from the offense.

2 Effective Date. This act shall take effect 60 days after its passage. Don't Repeal the Death Penalty by Chuck Douglas

In August 1997 a state trooper approached a man named Carl about a possible motor vehicle violation in an IGA parking lot in Colebrook. Carl took a rifle out of his truck and killed the trooper. A second trooper arrived and Carl killed him before he could even get out of his cruiser.

Carl then stole a cruiser and drove to Colebrook District Judge Vickie Bunnell's office. As the judge ran for an exit, she was shot to death in the back. Carl then killed the editor of the local paper.

Later that day in various firefights, Carl shot and wounded four more officers before he was killed by law enforcement.

Had Carl Drega only been wounded, he would have faced three counts of capital murder for two law enforcement murders and that of a judge. It is for the Carl Dregas of the world that we have the death penalty. 1 fully support our limited statute on the death penalty eligible crimes like murder for hire or killing a prison guard, cop or judge while in the line of duty.

Our constitution explicitly provides that someone may be deprived of life as long as it is pursuant to due process of law. 18 years ago the legislature repealed the death penalty. Then Governor, Jeanne Shaheen, vetoed the bill saying:

"The advent of DNA testing reduces the likelihood that innocent people will be convicted of crimes....New Hampshire has an excellent public defender program and our criminal defense bar is among the best in the country ....a jury of 12 first must unanimously find beyond a reasonable doubt that the accused committed every element of the charged offense. Then, in a separate sentencing phase, the jury must also unanimously find

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SB 593-FN- FISCAL NOTE AS INTRODUCED

AN ACT relative to the penalty for capital murder.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Decrease Decrease Decrease Decrease Funding Source: [X] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY: This bill would change the death penalty for capital murder from the death penalty to a mandatory sentence of life in prison without the possibility of parole.

The Judicial Branch states this bill could reduce expenditures for the Branch because there would be no penalty phase trial which is required in a death penalty case and because life in prison cases are less hard-fought, usually resulting in shorter trials than in cases in which the death penalty is a possible outcome. The Branch indicates there have been only two death penalty cases prosecuted to conclusion in the past decade and, over the years, New Hampshire has seen so few capital murder indictments that potential savings would be unquantifiable and sporadic. Currently, no capital murder cases are pending trial.

The Judicial Council indicates there have been two capital cases handled by the indigent defense delivery system in the last 20 years. One case was handled by the Public Defender without the need for an additional appropriation because the defended pleaded guilty early in the case in order to avoid the death penalty. The second case has lasted nine years and the State has spent over $2.8 million in defense costs to date. The Council indicates if the death penalty is repealed, it would not face the extraordinary expenditures necessary to provide representation to an indigent defendant in a capital case.

The Department of Justice states, as a general matter, capital murder cases in which the death

penalty is sought are more expensive to investigate and prosecute than non-death penalty cases. The Department has prosecuted two death penalty cases; State of N.H. vs Brooks and State of N.H. vs Addison. The cost of the Brooks case was $1.3 million and, to date, the cost to prosecute the Addison case has been $2.5 million. The Addison case will continue for several more years resulting in additional costs. The Department indicates the cost to prosecute a first or second degree murder, which would be the equivalent of a non-death penalty capital murder case, is wide ranging. In the past three years, three homicide cases have gone through the trial and appellate process. The cost of those cases ranged from $403,333 to $549,995. In the same period 13 homicide cases have been resolved by plea agreement. The costs for those cases ranged from $16,350 to $174,298. The Department states State expenditures would decrease as a result the bill, but it is not possible to estimate the amount.

The Department of Corrections is not able to determine the fiscal impact of the bill because it has no information that could be used to predict the number of individuals that would be subject to this legislation. The average annual cost of incarcerating an individual in the general population was $36,960 for the fiscal year ending June 30, 2017 and the annual marginal cost of an additional prisoner in the general population is $4,555. The average cost to supervise an individual by the Department's Division of Field Services for the year ending June 30, 2017 was $557.

The New Hampshire Association of Counties states this bill would have no fiscal impact on county revenues or expenditures.

AGENCIES CONTACTED: Departments of Justice and Corrections, Judicial Branch, Judicial Council and New Hampshire Association of Counties paonpoilui see ilia SB 593-FN - AS INTRODUCED

2018 SESSION 18-2707 04/06

SENATE BILL 593-FN

AN ACT relative to the penalty for capital murder.

SPONSORS: Sen. Avard, Dist 12; Sen. Daniels, Dist 11; Sen. Ward, Dist 8; Sen. Giuda, Dist 2; Sen. French, Dist 7; Sen. Woodburn, Dist 1; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Sen. Soucy, Dist 18; Sen. Hennessey, Dist 5; Sen. Kahn, Dist 10; Sen. Lasky, Dist 13; Rep. McGuire, Merr. 29; Rep. O'Leary, Hills. 13; Rep. Cushing, Rock. 21; Rep. Kotowski, Merr. 24; Rep. Souza, Hills. 43

COMMITTEE: Judiciary

ANALYSIS

This bill changes the penalty for capital murder to life imprisonment without the possibility for parole.

Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [in bracket° and ctruckthr ugh.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. SB 593-FN -AS INTRODUCED 18-2707 04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen AN ACT relative to the penalty for capital murder.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 1 Homicide; Capital Murder. Amend RSA 630:1, III to read as follows: 2 III. A person convicted of a capital murder [may be punichcd by death] shall be sentenced 3 to imprisonment for life without the possibility for parole. 4 2 Applicability. Section 1 of this act shall apply to persons convicted of capital murder on or 5 after the effective date of this act. 6 3 Effective Date. This act shall take effect January 1, 2019.