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Thread: Massachusetts Capital Punishment News

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    Massachusetts Capital Punishment News

    Lawmakers, citing marathon bombings, propose restoring death penalty in Massachusetts

    Republican US Senate Daniel B. Winslow joined a bipartisan group of legislators who today proposed restoring the death penalty in Massachusetts, seizing on terror attacks at the Boston Marathon as an impetus.

    “After we witnessed all of that carnage last week, who could be against a bill like this?” asked lead sponsor, state Representative James R. Miceli.

    Miceli, a Wilmington Democrat, had proposed the measure as an amendment to the state budget even before the terrorist attacks, he said. But he and fellow legislators said they would push for a debate in the House this week citing the marathon tragedy, and the attacks against police officers. “This is the time to step up to the plate and do it,” Miceli said.

    The bill is designed to guard against attacks on the system of justice itself -- police officers, correctional officers, witnesses, and judges, said Winslow, who drafted the bill when he was legal counsel in former Governor Mitt Romney’s administration.

    “We have the option on the federal side. We should have the same option on the state side for the same reasons,” Winslow said.

    Romney had introduced the measure in 2005, claiming it would set the “gold standard” for capital punishment cases. But despite the momentum and Romney’s assurances that such a measure would be foolproof, that measure went down to defeat in the Democratic-led legislature.

    Miceli said he suspects Democratic leadership will scuttle a vote on the amendment to protect members from taking a sensitive vote at a difficult time in Boston.

    “The men and women that put their lives on the line every day deserve protection and assurance,” said State Representative Shaunna O’Connell, a Taunton Republican.

    The lawmakers noted that the federal charges brought Tuesday against the surviving suspect, Dzhokhar Tsarnaev, cover only the marathon bombings that killed three and injured 282 people not the shootouts with police in which he is also implicated.

    State officials from Middlesex County could bring additional charges or murder or mayhem for the shooting death of MIT police officer Sean Collier , the shooting of MBTA officer Richard Donohue Jr., and a gunfight in Watertown Friday morning. But state charges would not carry a potential death penalty.

    “What if he were not going to be federally charged?” O’Connell said. “In Massachusetts, there would be no death penalty for him.”

    http://www.boston.com/politicalintel...QmO/story.html
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    The death penalty still divides

    By John Laidler
    The Boston Globe

    The Boston Marathon terrorism attack is stirring renewed talk about restoring the death penalty in Massachusetts, but so far has apparently done little to ease the sharp divide among lawmakers on the issue.

    About a dozen area legislators contacted this past week said their positions on capital punishment — for or against — are largely unchanged in the aftermath of the Marathon bombings on April 15 and the killing of a campus police officer that followed.

    The issue briefly captured the spotlight on April 23 with a proposed House budget amendment from Representative James Miceli, a Wilmington Democrat.

    Miceli’s amendment, identical to a pending bill he filed, would have allowed for the death penalty in cases involving the murder of a law enforcement, court, or correctional officer; or a judge, witness, or others involved in the court process. It would also be available for murders involving torture or carried out as an act of terrorism.

    Representative Marc Lombardo, a Billerica Republican, supports Miceli’s proposal.

    ‘At the end of the day, killing someone to prove killing is wrong is inappropriate.’

    “You are talking about the worst of the worst – a cop killing or witness killing,” he said. “There are also significant protections to ensure that without a doubt the person actually committed a crime.”

    But Representative Ken Gordon, a Bedford Democrat who also represents Burlington and a part of Wilmington, opposes the death penalty, even in such limited cases.

    Gordon said that the horrific actions of the alleged terrorists had not altered his view. “We don’t have the moral authority to kill our citizens. That’s my position and I don’t make any exceptions.”

    Miceli’s amendment was effectively defeated when the House, by a 119-38 vote, agreed to a substitute amendment offered by Representative Eugene O’Flaherty, a Chelsea Democrat, calling for a full study of the measure’s impact on the judicial system.

    Miceli said his amendment was not prompted by the bombings, noting that he filed it three days before the Marathon. But he said he was surprised that the event did not appear to sway his colleagues.

    “I felt under the circumstances of what had happened on the 15th, that would even give this more impetus, but it didn’t make any difference,” he said.

    The Marathon bombings killed three people and injured about 260. A few days later, an Massachusetts Institute of Technology police officer was shot to death, allegedly by the bombing suspects, one of whom is now in custody and who could face the death penalty under federal law. The second suspect was killed.

    O’Flaherty, in an e-mailed statement, said, “The House in its recent budget debate decided to stay focused on fiscal policy and not to deviate into matters, such as capital punishment, that are making their procedural way through the committee process,” adding that there will be opportunity to debate Miceli’s proposal when the House Judiciary Committee — which he chairs — holds a hearing on the stand-alone bill July 9.

    Regarding his own stance, O’Flaherty said: “I oppose the reinstatement of capital punishment here in Massachusetts and have voted consistently and repeatedly over the course of my legislative career in opposition’’ to it.

    Miceli, who would favor a broader capital punishment bill, said he is pushing the more narrowly focused bill because he believes it has a better chance of passing.

    The death penalty has flared as an issue periodically in Massachusetts since the state abolished it in 1984. In 2005, lawmakers rejected a bill filed by then-governor Mitt Romney that is the same measure Miceli is now pushing.

    Representative Jason Lewis, a Winchester Democrat, said he has been a longtime opponent of the death penalty, and the recent events did not change that.

    “In a horrific event like the Boston Marathon attack, understandably it makes us all question what sort of judgment is appropriate for such evil people who commit attacks like that,” Lewis said. But he said he continues to believe that capital punishment is not the right approach “even in the more narrow situation that Representative Miceli proposed.”

    Representative John Keenan, a Salem Democrat, said he opposes the death penalty on principle.

    “A case like this certainly tests your ability to stand against it in terms of the magnitude of how heinous the crime was. Personally, you want to see the person punished. But at the end of the day, killing someone to prove killing is wrong is inappropriate,” he said. He also cited the potential for an innocent person to be executed as a factor.

    Representative Brad Hill, an Ipswich Republican, said he would have to examine the “pros and cons” of a broad death penalty bill. But he favors Miceli’s proposal.

    “I think for anybody that goes after our public safety officials, something like this should be in place. I would hope it would be a deterrent,” Hill said.

    Representative Jerry Parisella, a Beverly Democrat, called the death penalty “an emotional issue and one I’ve been struggling with for quite a while. I personally don’t want to make a decision based on one particular event.”

    Parisella said he leans against the death penalty due to serious concerns about the potential for executing an innocent person.

    Representative Theodore C. Speliotis, a Danvers Democrat, said he has always opposed capital punishment, citing the same concern.

    “You could never guarantee the government is right,” he said.

    State Senator Kathleen O’Connor Ives, a Newburyport Democrat who also represents Haverhill and a wide swath of the Merrimack Valley, opposes restoring the death penalty in Massachusetts, based primarily on the “potential for error in the criminal justice system.”

    Regarding the recent attack, she said: “I want justice and I want there to be a strong prosecution. But to me that is not connected to the state policy.”

    Representative Paul Brodeur, a Melrose Democrat, also said the terrorist attack has not altered his opposition to capital punishment. “The history of the death penalty shows that it is unequally applied, that it depends on your station in life,” he said, also citing the potential for executions of innocent people.

    Representative Diana DiZoglio, a Methuen Democrat, said by e-mail that she has long opposed the death penalty, but would be willing to look at the pending bill “as long as it has a hearing where I can hear all sides of the issue and language can be vetted through the legislative process.”

    http://www.bostonglobe.com/metro/reg...XPP/story.html

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    DA: Neo-Nazi murderer deserved death penalty

    The Brockton neo-Nazi who raped a woman, murdered her sister and shot an elderly homeless man to death shows why Massachusetts needs the death penalty, said Plymouth County District Attorney Timothy Cruz.

    “Keith Luke … got a significant sentence today, but he really did not get the sentence he deserved,” Cruz told the Herald yesterday after Luke received two life sentences for the murders and 210 years for armed assault with intent to murder, aggravated rape, kidnapping, home invasion and a series of gun charges.

    “We deserve in Massachusetts to have state prosecutors have the ability to apply a death penalty in certain limited situations,” Cruz said.

    Luke, 26, was convicted of the January 2009 rampage that started when he barged into the home of a former neighbor, repeatedly raping her, shooting her, and then killing her sister, Selma Goncalves, when she interrupted his assault. As Luke fled that day, he shot and killed Arlindo Goncalves, no relation to Selma, before opening fire on Brockton police as they chased him.

    Cruz said criminals such as Luke who carry out the most outrageous crimes and plan more demand that prosecutors have the ultimate punishment at their disposal.

    “I think when you are a serial killer, when you are a predator, you need to face the most serious penalty you can face. That, of course, is the death penalty,” Cruz said. “It fits the parameters of that, in that he was a serial killer, killing more than one person. I think that is a very serious offense, not only killing those people in this instance, but the plan that night was to go to the temple on the other side of Brockton and kill a bunch of Jewish individuals who were going to bingo. It could have happened, but for the fact of the brave people in the city and the Brockton police officers who stopped him that day when he was trying to get through.”

    The woman Luke bound, raped and shot in the head — who played dead to escape his wrath — testified against him and read a statement yesterday in court.

    “I will never hug, kiss, nor talk to my sister again. My sister Selma will never graduate from college. My sister Selma will never have children. She will never marry. She will never have a family of her own,” she said. “There are no words to describe the evil monster that destroyed the lives of so many innocent people.”

    http://bostonherald.com/news_opinion..._death_penalty
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    Death penalty among bills to be heard at Statehouse hearing

    BOSTON (AP) — A bill that would reinstate the death penalty in Massachusetts is among dozens of pending pieces of legislation scheduled to be heard by the Legislature's Judiciary Committee at a public hearing.

    The hearing is scheduled for Wednesday.

    Support for capital punishment has waned at the Statehouse in recent years.

    The closest the Legislature has come to restoring the death penalty since its abolition was in 1997, was when a bill was defeated by a single vote in the House shortly after the murder of a 10-year-old Cambridge boy, Jeffrey Curley.

    Boston Marathon bomber Dzhokhar Tsarnaev (joh-HAHR' tsahr-NEYE'-ehv) received a death sentence in federal court.

    Dozens of other bills — including those related to inmate organ donations, searches of female inmates, and criteria for the release of terminally ill inmates — will also be heard.

    http://www.bostonherald.com/news_opi...ehouse_hearing

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    In wake of Officer Tarentino slaying, Gov. Baker pushes death penalty bill for cop killers

    By Antonio Caban
    State House News Service

    BOSTON - Following the May 22 fatal shooting of an Auburn police officer, Gov. Charlie Baker says he may file legislation that would impose the death penalty on those convicted of killing police.

    "I think we should at the start of next session, absolutely. And have that debate," Baker told "Keller at Large" host Jon Keller, who asked Baker in a televised interview on Sunday if he would file a bill.

    The death penalty was outlawed by the Supreme Judicial Court three decades ago, and efforts to reinstate it since then have failed, with opponents pointing to cases where incarcerated individuals were found to have been wrongly convicted of crimes.

    On Nov. 6, 1997, after death penalty legislation had cleared the state Senate by a comfortable margin, legislation reinstating capital punishment was defeated in the House after Rep. John Slattery (D-Peabody) switched his vote and doomed the measure 80-80.

    Last month, Auburn police officer Ronald Tarentino Jr. was shot and killed during a traffic stop. Baker subsequently said he would support the death penalty for those convicted of killing police officers.

    The suspected gunman, Jorge Zambrano, died in a shootout with police. Media reports about Zambrano's extensive record have prompted the courts to review his criminal justice system history.

    When asked by Keller if there is a problem with lenient judges, Baker did not offer an opinion, and instead said he's interested in the outcome of the investigation and what elements of the current system may need to be changed.

    "I think all of this stuff is case specific. I'm not willing to comment on that generally one way or another. What I will say is there are some troubling elements to this story and I want to know what the process was and the decision points were. For example, if part of the reason why there wasn't a dangerousness hearing - with respect to this particular gentleman - was because assault and battery on a police officer is a misdemeanor and not a felony, maybe it should be a felony," Baker said.

    Last month, Trial Court Chief Justice Paula Carey said that a preliminary review of court decisions involving Zambrano found "that no law, court rule or court procedure was violated."

    http://www.telegram.com/article/20160606/NEWS/160609466

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    MA Gov. Baker Calls for Death Penalty for Cop Killers, Raimondo Opposed

    WBZ is reporting that Massachusetts Governor Charlie Baker is once again calling for Massachusetts to pass legislation for the death penalty for those that kill police officers.

    Speaking Monday at the State House about the death of Weymouth Police Officer Michael Chesna, Baker reiterated his belief that those who murder police should face execution. Chesna was shot this past weekend ten times.

    "I've said before that I support the death penalty for people who kill police officers," Baker said, reports WBZ. "That's been my position for a long time, and it continues to be my position."

    Baker made the same assertions after the death of Sgt. Sean Gannon on Cape Cod.

    According to Mike Raia, Director of Communications for Rhode Island Governor Gina Raimondo, she opposes the death penalty for those that kill police officers. "Governor Raimondo does not support capital punishment," Raia told GoLocal on Tuesday night.

    (source: golocalprov.com)
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    Bill named after fallen police officers would bring back death penalty to Massachusetts

    2 Massachusetts state representatives have filed a bill that would allow the state to impose the death penalty on adults convicted of murdering law enforcement officers.

    The "Chesna-Gannon" bill, named after 2 slain police officers, would cover police, corrections officers, sheriffs and deputies. A death sentence would not be mandatory, but would be an option during sentencing.

    Reps. Shauna O'Connell and David DeCoste, both Republicans, presented the proposed legislation in front of the state's Joint Committee on the Judiciary on Tuesday. They were joined by the mother and widow of fallen Weymouth Police Sgt. Michael Chesna.

    "My son was taken from us totally unexpectedly on a beautiful Sunday morning in Weymouth -- our hometown for almost 50 years -- doing what he loved, but dying because of it," Maryann Chesna said.

    The Supreme Judicial Court invalidated the death penalty in 1984, but those sponsoring the bill said the legislation would send a strong message.

    "Allowing capital punishment will help law enforcement do their job," O'Connell said. "It will save lives and it will help law enforcement keep our communities safe."

    "The justice system seems to me to be broken, not bent. There is no consequence. It's arrest and release, arrest and release," Maryann Chesna said.

    "The death penalty, obviously, it's a drastic measure," said Chelsea Police Chief Brian Kyes. "However, our hope would be that by having this codified into the law that we would never have to use it -- meaning we would hope that it would act as an effective deterrent, that individuals would know that should they commit a murder against a police officer, that the death penalty hangs in the balance." Chesna, 42, was shot and killed July 15, 2018, while pursuing a suspect. The U.S. Army veteran and Purple Heart recipient is survived by his wife, Cindy, and two children, Olivia and Jack.

    The bill's other namesake, Yarmouth Police Sgt. Sean Gannon, and his K-9 partner, Nero, were shot April 12, 2018, while serving an arrest warrant in Marstons Mills. The 32-year-old officer was taken to an area hospital, where he was pronounced dead.

    The "Chesna-Gannon" bill was one of 60 bills that were on Tuesday's agenda for the joint committee. Other proposals mitigated the most severe punishments that could be imposed, including a bill that could make prisoners serving life-without-parole sentences -- including those convicted of murder -- eligible for parole after 25 years.

    Rep. Antonio Cabral has a bill before the committee that would allow local sheriff's offices and corrections facilities to perform immigration enforcement only if the federal government pays for all of the related costs.

    (source: WCVB news)
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