Date: 03/19/2013
Final
BILL SUMMARY for HB13-1264
HOUSE COMMITTEE ON JUDICIARY
| Votes: View--> | Action Taken: |
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01:52 PM -- House Bill 13-1264
Representatives Levy and Melton, co-sponsors, presented House Bill 13-1264. The bill repeals the death penalty as a sentencing option for class 1 felony offenses committed on or after July 1, 2013. Representative Levy spoke about case law concerning the death penalty. She explained her reasons for co-sponsoring the bill. She discussed the history of the death penalty in Colorado.
02:01 PM
Representative Melton spoke about his reasons for co-sponsoring the bill. He stated his opinion that the death penalty is a failed policy. He discussed ways in which the death penalty is disproportionately applied to African Americans. He commented about alternatives to the death penalty.
02:09 PM
Representatives Levy and Melton responded to questions from the committee.
02:11 PM -- Bob Autobee, representing his family, testified in support of the bill. Mr. Autobee spoke about his son's murder and his opposition to the death penalty.
02:18 PM -- Babette Romero-Miller, representing herself, testified in support of the bill. Ms. Romero-Miller spoke about her family's experience with murder. She discussed the process of the trial and appeals. She stated her opinion that the death penalty diverts resources that should be used for victims and their families. She responded to questions from the committee.
02:24 PM -- Deborah Sampson, representing Colorado Interfaith Voices for Justice, testified in support of the bill. Ms. Sampson spoke about her moral opposition to the death penalty. She quoted the Bible.
02:27 PM -- Amy Plapp, representing her family, testified in support of the bill. Ms. Plapp spoke about her brother's murder and about her opposition to the death penalty.
02:30 PM -- Rabbi Joseph Black, representing Temple Emmanuel, testified in support of the bill. Rabbi Black provided moral and spiritual arguments against the death penalty.
02:35 PM -- Maisha Pollard, representing herself, testified in opposition to the bill. Ms. Pollard spoke about her family's experience with murder and her support of the death penalty.
02:43 PM -- Randy Steidl, representing himself, testified in support of the bill. Mr. Steidl spoke about his experience as a death penalty inmate from Illinois who was eventually exonerated. He stated his opinion that life without parole is a harsher sentence than death and it avoids the possibility of executing an innocent individual. He responded to questions from the committee.
02:50 PM -- Lieutenant Hollis, representing his family, testified in support of the bill. Mr. Hollis spoke about his family's experience with murder and his opposition to the death penalty.
02:54 PM -- Father Joseph Elder, representing the Colorado Catholic Conference, testified in support of the bill. Father Joseph provided moral and spiritual arguments against the death penalty.
02:57 PM -- Arlis Keller, representing her family, testified in support of the bill. Ms. Keller spoke about her brother's murder and her opposition to the death penalty.
03:01 PM -- Patsy Bjork, representing her family, testified in support of the bill. Ms. Bjork spoke about the murder of her mother. She discussed her opposition to the death penalty.
03:05 PM -- Dale Beck, representing his family, testified in support of the bill. Mr. Beck spoke about the murder of his sister-in-law and his opposition to the death penalty.
03:11 PM -- Alice Randolph, representing her family, testified in support of the bill. Ms. Randolph spoke about her experience as the daughter and mother of murder victims. She responded to questions from the committee about the nature of justice.
03:19 PM -- Linda Burks-Brown, representing Murder Victims' Families for Reconciliation, testified in support of the bill. Ms. Burks-Brown spoke about her experience with her brother's murder. She also discussed her daughter's experience in the criminal justice system.
03:25 PM -- Chena Rabb, representing Murder Victims' Families for Reconciliation, testified in support of the bill. Ms. Rabb spoke about her aunt's murder and her opposition to the death penalty.
03:29 PM -- Lindy Frolich, representing the Office of the Alternate Defense Counsel, testified in support of the bill. Ms. Frolich spoke about the average costs to her office of a first degree murder case when the death penalty is and is not involved. She raised the issue of the unitary appeals process under Colorado law, which was an attempt by the legislature in 1997 to speed up the post-conviction and appeals process. She responded to questions from the committee.
03:37 PM -- Christine Watson, representing the League of Women Voters of Colorado, testified in support of the bill. Ms. Watson spoke about reasons the death penalty is not the right public policy for Colorado. She expressed concern about the hasty scheduling of the bill. She responded to questions from the committee.
03:46 PM -- Elvira Maxwell, representing herself, testified in support of the bill. Ms. Maxwell spoke about the murder of her two sons and her opposition to the death penalty.
03:51 PM -- Former State Senator Polly Baca, representing the Colorado Latino Forum, testified in support of the bill. Senator Baca stated her opinion that the death penalty is not consistently, uniformly, or fairly applied. She discussed the problem of executing innocent individuals. She responded to questions from the committee.
04:01 PM -- Linda Gruno, representing Coloradans for Alternatives to the Death Penalty, testified in support of the bill. Ms. Gruno spoke about her family's experience in the wake of her sister's murder. She stated her opinion that the death penalty represents a double standard.
04:06 PM -- Brenda Carrasco, representing Coloradans for Alternatives to the Death Penalty and Murder Victims' Families for Reconciliation, testified in support of the bill. Ms. Carrasco spoke about the resources devoted to the death penalty and stated her opinion that the death penalty is revenge, not justice.
04:12 PM -- Dawn Williams, representing the National Association for the Advancement of Colored People (NAACP) of Colorado, testified in support of the bill. Ms. Williams spoke about the reallocation of resources devoted to the death penalty and about the exoneration of death penalty inmates.
04:16 PM -- Stan Garnett, 20th Judicial District Attorney, testified in support of the bill. Mr. Garnett provided written copies of his testimony (Attachment A). He read his prepared remarks. He responded to questions from the committee.
13HseJud0319AttachA.pdf
04:32 PM
The committee continued to ask Mr. Garnett about the use of the death penalty in Colorado.
04:33 PM -- Judge Joe Bellipanni, representing himself, testified in support of the bill. Judge Bellipanni discussed disparity in the application of the death penalty. He provided specific examples from his time as the chief judge in the 20th Judicial District. He said that victims generally want resolution and closure, and the death penalty makes that more difficult.
04:39 PM -- Frank Thompson, representing Coloradans for Alternatives to the Death Penalty, testified in support of the bill. He addressed whether the death penalty is necessary in order to operate safe and secure correctional facilities. He listed various programs and methods that provide safe prison environments. Mr. Thompson said that data indicates that inmates who were sentenced to death row and are released back into the community are no more violent than other offenders who are released back into the community. He continued to describe research that supports his views. He said that the government should not support a public policy that cannot be shown to work.
04:47 PM
Mr. Thompson read a letter from a former supervisor at the the Colorado Department of Corrections concerning the death penalty. He summarized a different letter from a correctional professional. Mr. Thompson responded to questions from Representative Wright concerning the fiscal impact of the bill and policies for housing death row inmates.
04:57 PM
Mr. Thompson spoke about the work of correctional professionals. Representative Wright responded to Mr. Thompson's remarks. Representative Wright spoke about the possibility of amending the bill to require the Department of Corrections to submit a report regarding the effects of the bill. Representative Levy responded to his remarks. Mr. Thompson responded to additional questions from Representative Lee regarding his experience overseeing executions in Oregon. Mr. Thompson spoke about his attempts to train his staff in such a manner as to insulate them somewhat from the trauma of an execution. Representative Lee responded to his remarks.
05:07 PM -- Professor Sam Kamin, representing himself, testified in support of the bill. Professor Kamin discussed a study on the death penalty in Colorado that he helped write. He described the findings of the study and spoke about the arbitrary and discriminatory application of the death penalty. He responded to questions from the committee about the study.
05:24 PM
The committee continued to question Professor Kamin about the study.
05:27 PM -- Robert Dewey, representing himself, testified in support of the bill. Mr. Dewey spoke about his first degree murder conviction, which was overturned upon the finding evidence of his innocence. He expressed his opinion that a sentence of life without parole is more punishment than a death sentence. He responded to questions from the committee.
05:34 PM -- Pat Furman, representing the Colorado Innocence Project, testified in support of the bill. Mr. Furman spoke about the possibility of executing innocent individuals. He discussed specific examples of death penalty sentences that were overturned due to factual innocence.
05:41 PM -- Reverend Todd Everhart, representing Coloradans for Alternatives to the Death Penalty, testified in support of the bill. Reverend Everhart read a statement from retired Judge Leland Anderson in support of the repeal of the death penalty. He spoke about the promise of redemption.
05:46 PM -- Angelica Austin, representing herself, testified in support of her bill. Ms. Austin spoke about a specific Florida case in which two men who raped her were later convicted of the first degree murders of several women. One of the men was sentenced to life without parole and the other was executed.
05:50 PM -- Reverend Patrick Demmer, representing Coloradans for Alternatives to the Death Penalty, testified in support of the bill. Reverend Demmer provided moral arguments against the death penalty and discussed its inconsistent application. He quoted the Bible.
05:57 PM -- Adrian Miller, representing the Colorado Council of Churches, testified in support of the bill. Mr. Miller spoke about alternatives to the death penalty and discussed their relative merits with regard to justice and morality.
06:01 PM -- Henry Allen, representing the Colorado Springs branch of the NAACP, testified in support of the bill. Mr. Allen spoke about the disproportionate application of the death penalty to African Americans and the possibility of executing innocent individuals.
06:07 PM -- Karen Steinhauser, representing herself, testified in support of the bill. Ms. Steinhauser spoke about her experience as a former prosecutor who tried a death penalty case. She stated her belief that the death penalty and the sentence of life without parole do not act as a deterrent to crime. She discussed the emotional toll a death penalty case takes on everyone involved. She responded to questions from the committee about using the death penalty as a tool in the plea bargaining process.
06:16 PM -- Mitch Morrissey, Denver District Attorney, testified in opposition to the bill. Mr. Morrissey stated his opinion that the death penalty works as a way to convince murderers to disclose the details of their crimes. He responded to questions from the committee about whether the death penalty serves as a deterrent, punishment, or revenge.
06:27 PM
The committee continued to question Mr. Morrissey about the prosecution of first degree murder cases.
06:37 PM -- Nathan Woodliff-Stanley, representing the American Civil Liberties Union (ACLU) of Colorado, testified in support of the bill. Mr. Woodliff-Stanley spoke about the role of the state in protecting public safety and civil liberties. He expressed his opinion that the death penalty is applied unequally and unjustly.
06:41 PM -- Doug Wilson, representing the Office of the State Public Defender, testified in support of the bill. Mr. Wilson discussed the aggravating factors in Colorado's death penalty statute. He expressed his opinion that there are no first degree murder cases in Colorado that are not eligible for the death penalty. He spoke about studies concerning the deterrence effect of the death penalty. He provided statistics about death penalty cases in Colorado between 1990 and 2012. He expressed his opinion that the application of the death penalty is arbitrary and unjust. He spoke about the incarceration costs associated with the death penalty.
06:56 PM
Mr. Wilson responded to questions from the committee about amending rather than repealing the death penalty statute.
06:59 PM -- Derek Samuelson, representing himself, testified in support of the bill. Mr. Samuelson spoke about his experience as a criminal defense attorney in a death penalty case. He discussed details of the case.
07:07 PM -- Jason Middleton, representing the Colorado Criminal Defense Bar, testified in support of the bill. Mr. Middleton spoke about the unitary review process in Colorado.
07:14 PM -- Hollis Whitson, representing herself, testified in support of the bill. Ms. Whitson spoke about a cost study of the trial phase of the death penalty in which she participated. She discussed the mechanics and findings of the study in detail.
07:25 PM
Ms. Whitson continued to discuss the findings of the cost study.
07:33 PM -- Lynn Hopkins, representing herself, testified in support of the bill. Ms. Hopkins spoke about the case of Troy Davis, who was executed by the state of Georgia in September 2011.
07:39 PM -- George Brauchler, 18th Judicial District Attorney, testified in opposition to the bill. Mr. Brauchler stated that he is in the business of justice and the repeal of the death penalty would create an injustice. He addressed allegations that the death penalty is applied arbitrarily and is disproportionately used in the 18th Judicial District. He expressed his opinion that the bill's legislative declaration is untrue and unjustified. He discussed the exoneration of defendants, prosecutorial discretion, and the costs associated with the death penalty.
07:51 PM
Mr. Brauchler continued to talk about prosecutorial discretion and disincentives for murdering inmates in the penal system. He responded to questions from the committee.
08:01 PM
The committee continued to question about Mr. Brauchler about his comments.
08:11 PM
The committee continued to discuss Mr. Brauchler's comments.
08:21 PM -- Dan May, 4th Judicial District Attorney, testified in opposition to the bill. Mr. May walked through the prosecution of first degree murder cases. He spoke about aggravating and mitigating factors and the effect of a prosecution on the victim's family. He discussed differences in time and cost between death penalty and non-death penalty cases.
08:33 PM
Mr. May continued his remarks about specific first degree murder cases in Colorado; reasons cases are overturned; the deterrent effect of the death penalty; and cases of exoneration that have nothing to do with actual innocence.
08:44 PM
Mr. May continued his remarks, discussing in graphic detail a rape and murder case prosecuted by his office.
08:51 PM
Mr. May discussed prosecutorial discretion and the decision to seek the death penalty. He responded to questions from the committee.
09:01 PM -- Pete Weir, 1st Judicial District Attorney, testified in opposition to the bill. Mr. Weir spoke about his professional experience in the criminal justice system. He discussed the nature of justice; aggravating factors and mitigating circumstances; the decision to seek the death penalty; and the heinous nature of the crimes he has seen during his career. He provided details about a particular torture and murder case.
09:12 PM
Mr. Weir continued to discuss cases he has prosecuted. He expressed his opinion that the repeal of the death penalty should be sent to a vote of the people.
09:18 PM -- Dave Young, 17th Judicial District Attorney, testified in opposition to the bill. Mr. Young spoke about his professional experience as a criminal prosecutor. He discussed cases on which he has worked.
09:28 PM
Mr. Young discussed his decision-making process for seeking the death penalty. He provided details about a number of murder cases. He responded to questions from the committee about the application of the death penalty to co-defendants.
09:35 PM -- Matthew Durkin, representing the Department of Law, testified in opposition to the bill. Mr. Durkin stated that the Attorney General wholly supports the death penalty. He explained the reasons behind the Attorney General's support. He addressed comments by prior witnesses that the death penalty is applied arbitrarily and capriciously in Colorado. He spoke about the reasons death penalty sentences have been overturned in the past.
09:47 PM
Mr. Durkin responded to questions from the committee.
09:53 PM -- Mike Violette, representing the Colorado Fraternal Order of Police, testified in opposition to the bill. Mr. Violette spoke about evil, justice, retribution, punishment, and deterrence. He responded to questions from the committee.
10:04 PM -- Carl Dubler, representing himself, testified in opposition to the bill. Mr. Dubler spoke about his experience as the jury foreman on a death penalty case. He addressed the comments of prior witnesses.
10:18 PM
Mr. Dubler continued relating his experience serving on a jury that handed down a death sentence. He asked the committee to trust the citizens of Colorado. He responded to questions from the committee.
10:29 PM -- Tim Lopez, representing himself, testified in opposition to the bill. Mr. Lopez spoke about his family's experience with murder.
10:38 PM
Mr. Lopez continued to discuss his niece's murder.
10:48 PM
Mr. Lopez continued to provide details of his niece's murder.
10:58 PM
Mr. Lopez expressed his opinion that the repeal of the death penalty should go before a vote of the people.
10:59 PM
Representative Kagan thanked all of the witnesses and announced that the bill would be laid over for action.
11:01 PM
The committee adjourned.