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Thread: Kansas Capital Punishment News

  1. #31
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    Kansas Senate panel delays vote on judicial impeachment bill

    TOPEKA — A Kansas Senate committee has delayed its debate on a bill expanding the legal grounds for impeaching and removing judges and state Supreme Court justices from office.

    Chairman Jeff King postponed the Judiciary Committee's scheduled debate Tuesday until Thursday so that it can consider amendments.

    Lawmakers are considering the bill after many Republicans have criticized the Supreme Court over school funding and death penalty rulings. Kansas is at the center of efforts by conservatives to remake state courts.

    The bill's list of impeachable offenses would include attempting to "usurp the power" of legislators or the executive branch.

    The Kansas Constitution says public officials can be impeached for bribery, treason and other high crimes and misdemeanors. The bill provides a longer list of specific grounds for impeachment for the judiciary.

    http://www2.ljworld.com/news/2016/ma...ial-impeachme/

  2. #32
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    Kansas House rejects giving Brownback more say in judicial selection, then reconsiders

    TOPEKA (AP) — An effort to change the process for selecting Kansas Supreme Court justices has been revived in the Legislature. The proposal being considered Saturday would give the governor more authority over the nine-member commission that names three finalists for each high court vacancy.

    The Kansas House initially voted 57-56 against a proposal Saturday to give the governor a bigger voice in who is nominated for the Kansas Supreme Court, but later voted 64-56 to reconsider so that lawmakers could draft a new version and try again.

    The bill came amid broad discontent from Gov. Sam Brownback and other conservatives over the court’s rulings against the state on school funding and overturning death penalty verdicts. The decision to overturn death sentences for brothers Jonathan and Reginald Carr for the killings of four people in Wichita in December 2000, they said, argues for the need to reassess the selection process.

    The state’s high court judges are chosen by a nonpartisan nominating commission consisting of five attorneys elected by other lawyers and four public members selected by the governor. One of the five attorneys is the chairman. When a Supreme Court opening occurs, the commission chooses three finalists whose names are sent to the governor for a final selection.

    Currently the chief justice of the Supreme Court chooses replacements if the chairman or attorney commission members resign before their terms are completed. Under the proposal, the governor would have chosen people to fill those vacancies.

    The bill also would have given the authority for counting ballots cast by lawyers for the commission members to the attorney general and secretary of state. Currently, two or more licensed lawyers chosen by the chief justice serve as the canvassers. Democratic Rep. John Carmichael, of Wichita, said that change would violate the separation of powers between branches of government.

    “There has never in 50 years been any suggestion of any form of impropriety in connection with those elections,” Carmichael told The Associated Press. “They run efficiently and inexpensively under the direct supervision of the clerk of the Kansas Supreme Court.”

    The current judicial selection system arose after a 1957 scandal in which the incumbent governor was defeated in the Republican primary and resigned. The lieutenant governor then appointed him to fill a vacant Supreme Court seat. Attorneys became part of the election process to avoid favoritism.

    Another provision of the bill would require that the secretary of state receive a roster of lawyers eligible to participate in the elections of the commission’s attorney members.

    Republican Rep. John Barker, of Abilene, said during a House debate Thursday that including the secretary of state in the process would not violate the concept of separation of power. “He does it with all other elections, so why not this one?”

    Republican Rep. Jan Pauls, of Hutchinson, called for the judiciary selection conference report to be considered during a House debate Saturday evening. “This is a very important topic for the state,” Pauls said.

    The joint judiciary committee could finalize a new version of the bill Saturday.

    http://www2.ljworld.com/news/2016/ap...-more-say-jud/

  3. #33
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    Becker launches new bid to eliminate death penalty

    TOPEKA – Rep. Steven Becker, R-Buhler, is beginning anew a campaign to abolish the death penalty in Kansas.

    "I'm on a quest to accomplish this," said Becker, who began his efforts in 2013, his first year in the House.

    When a bill in 2015 failed to get a hearing in the House Judiciary Committee, Becker began 2016 with a strategy to start the bill through the House Corrections and Juvenile Justice Committee. However, then-Speaker Ray Merrick, R-Stilwell, assigned it to Judiciary, where it died without a hearing.

    This is a new session, new leadership, new members.

    On Wednesday, a death penalty bill, House Bill 2167, was introduced bearing the names of 15 sponsors. All three political factions in the House - conservative Republicans, moderate Republicans, and Democrats - are represented on the list of sponsors, according to Becker.

    There are Republicans: Reps. Becker, Tory Marie Arnberger, Great Bend; Susan Concannon, Beloit; Diana Dierks, Salina; Mike Houser, Columbus; Jan Kessinger, Overland Park; Joy Koesten, Leawood; and Bill Sutton, Gardner. And Democrats: Reps. Tim Hodge, North Newton; John Carmichael, Wichita; Broderick Henderson, Kansas City; Boog Highberger, Lawrence; Eber Phelps, Hays; Annie Kuether, Topeka; and Tom Sawyer, Wichita.

    The bill would create the crime of aggravated murder with sentencing of imprisonment for life without the possibility of parole.

    It would not be retroactive. It states: “No person shall be sentenced to death for a crime committed on or after July 1, 2017.” Any person sentenced before that date may be put to death, the bill reads.

    Unlike a version Becker promoted in a prior year, this bill does not call for creating a death penalty fund for the annual actual or projected cost savings from ending the death penalty and giving the Secretary of the Department of Corrections discretion over the fund. Savings under this new bill would benefit the general fund, he said.

    This bill has been assigned to the House Corrections and Juvenile Justice Committee. Chairman is Rep. J. Russell Jennings, R-Lakin, who, like Becker, is a moderate Republican. The committee's ranking minority member is Highberger, one of the bill's sponsors. Also, three other sponsors are on the committee - Koesten, Kuether and Becker himself. He's hopeful the bill will get a hearing and advance to the House floor for a vote.

    “I’m an attorney and I see the negatives outweigh the positives” of having a death penalty, said freshman Rep. Hodge, a sponsor. “Life imprisonment without parole is quite possibly a worse sentencing than death, in some cases.”

    Kansas has abolished the death penalty before. The current death penalty was implemented in July 1994. No one has been executed under that law. The last execution in Kansas was in 1965. The Kansas Coalition against the Death Penalty argues death penalty cases trigger expensive litigation, punishment is unevenly applied and wrongful convictions have occurred.

    http://www.hutchnews.com/news/local_...69aeb25a0.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  4. #34
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    Why Kansas has not used the death penalty

    By Gloria Van Rees
    KAKE News

    WICHITA, Kan. - "It's the most unbelievable horrible thing that could ever happen to a person and it happened to my daughter," said Brian Sanderholm sitting in his Arkansas City home.

    Ten years later, Sanderholm still struggles with his daughter's murder. In 2007 his daughter Jodi Sanderholm was abducted, raped and murdered. Investigators would later arrest Justin Thurber for the unthinkable crime.

    "He tortured Jodi," said Brian.

    "For hours," chimed in mother Cindy.

    He was sentenced to death for the crime. Including Thurber, nine men are currently sentenced to death in the state, but Kansas has not executed an inmate in more than 50 years.

    Sanderholm family joins Kansans for Justice


    Man on death row for rape, murder of Kansas woman appeals sentence


    "Well, the death penalty in Kansas doesn't work.," said Brian.

    "That's the problem," said Cindy

    Our investigation found an appeals process that's notoriously slow and a state supreme court that has consistently ruled in favor of defendants. One example: convicted serial killer John Edward Robinson. He struck a deal with prosecutors in Missouri to avoid the death penalty, but for murders in Kansas, he was willing to risk it. The reason: since 1976 Missouri has executed 87 inmates and Kansas has executed none.

    "These cases have dragged on for such a very long period of time. Some of the early cases after the legislature re-instituted the death penalty in 1994 are particularly long," said Kansas Attorney General Derek Schmidt.

    The Kansas Supreme Court has also overturned a number of death sentences, including the Carr brothers, convicted of a crime spree that ended with four counts of capital murder and one count first-degree murder. It was a case that went all the way to the nations highest court. In an eight to one ruling the U.S. Supreme Court reinstated the death penalties for the Carr brothers with a scathing criticism of the Kansas Supreme Court.

    "The Kansas Supreme Court time and again invalidates death sentences because it says the Federal Constitution requires it."

    The opinion continued saying, "Turning a blind eye...would enable state courts to blame the unpopular death-sentence reprieve of the most horrible criminals upon the Federal Constitution when it is in fact their own doing."

    Yet in not one of the death sentences in Kansas is the guilt or innocence of the murderer in question. Death sentences are consistently thrown out on technicalities during the appeals process. This frustrates the Sanderholms as they wait for their daughters killer to be executed.

    "I'm all for the death penalty. I believe it should be and I believe it is our responsibility since it's our law to execute him and go on. Or change the law." said Sanderholm.

    In late October the Sanderholm family traveled to Topeka for the Thurber's first appeal in front of the Kansas supreme court. Jodi's Cindy knows the odds but is hopeful she gets justice for her daughter.

    "He didn't let Jodi appeal her life. He killed her and that was all," said Cindy.

    http://www.kake.com/story/36795859/w...-death-penalty
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  5. #35
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    Legislators propose doing away with death penalty

    A group of 32 bipartisan representatives came together to make sure the state doesn't have the chance to use the death penalty anymore.

    Kansas hasn't had a person put to death in 54 years, but legislators proposed a bill that would make sure it wouldn't happen in the future.

    On Tuesday, lawmakers on the Corrections and Juvenile Justice Committee heard personal stories from those for and against the death penalty.

    "Violence is not a solution to violence," said Therese Bangert, a sister of Charity of Leavenworth.
    Others disagreed.

    "Every single time that it comes up if you're one of those homicide survivors if you're a family member that survived your loved ones' homicide, today's just like that day all over again," said Greg Smith, who is for keeping the death penalty.

    Kansas currently has 10 people on death row.

    Greg Smith's daughter Kelsey was murdered in 2007. Her killer didn't get a death sentence.

    "I believe in proportionality in the crime," said Smith. "Nobody asked Kelsey if it was okay to be murdered, nobody asked Kelsey if it was okay to be raped, nobody asked Kelsey if it was okay to be kidnapped, yet we worry about this other person that committed all these acts."

    Sister Bangert said she has heard from many other murder victim's families about their positive healing process.

    "The most powerful people who taught me about the need for forgiveness and accepting the abundance of God's mercy are the murder victim's families who say we are not for the death penalty."

    Kansas would be the 21st state to abolish the death penalty.

    If passed the bill would go into effect July 1, and no one in Kansas would be sentenced to death for committing a crime after that day. The 10 people on death row would not be affected.

    Kansas Attorney General Derek Schmidt said the bill should not be passed.

    Abolishing the death penalty bills have been raised during many past legislative sessions and have failed to gain the necessary votes.

    (source: KSNT news)
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  6. #36
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    Kansas House committee votes to keep death penalty in place

    By Associated Press

    TOPEKA, Kan. (AP) — A Kansas House committee has narrowly voted to keep the state's death penalty law in place.

    The Corrections and Juvenile Justice Committee voted 7-6 on Friday to reject a bill to repeal the state's 1994 capital punishment law. A bipartisan group of 33 lawmakers sponsored the measure.

    The bill would have made life in prison with no chance for parole the possible punishment for murders that now qualify for lethal injection.

    Kansas has 10 men on its death row but has not executed anyone under the 1994 law. The state's last legal executions were by hanging in 1965.

    Critics contend the death penalty is immoral and costly.

    But committee Chairman Russ Jennings said his constituents support capital punishment. The Lakin Republican broke a 6-6 vote to sink the bill.

    https://www.wibw.com/content/news/Ka...506233141.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  7. #37
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    Kansas Supreme Court Justice Johnson to retire in September

    By San Fransisco Chronicle

    TOPEKA, Kan. (AP) — A Kansas Supreme Court justice whose votes in death penalty cases made him a political target plans to retire from the bench Sept. 8.

    The decision announced Wednesday by Justice Lee Johnson will give Democratic Gov. Laura Kelly her first appointment to the seven-member high court. It will not require Kansas Senate confirmation.

    Johnson was appointed to the Supreme Court in 2007 by Democratic Gov. Kathleen Sebelius after serving six years on the state Court of Appeals.

    He and other justices drew criticism for overturning death sentences in several capital murder cases.

    In 2014, a group formed by victims' friends and family sought to oust Johnson in a statewide yes-or-no vote on whether he would stay on the court. The vote to retain him was less than 53 percent.

    https://www.sfchronicle.com/news/art...n-14085142.php
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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