[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[Senate]
[Pages S16345-S16347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE DEATH PENALTY
Mr. REID. Mr. President, almost 2 years ago, Senator Bryan and I
traveled with a mother to Arlington Cemetery. We traveled there because
her son, just a month before we went to Arlington, had been gunned down
on an interstate near Lovelock, NV. He thought a car was stalled, and
as he approached the car to offer his assistance, the driver of the car
came from the car and brutally murdered this Nevada highway patrolman.
What the police officer, officer Carlos Borland, did not know was that
the man driving the car was an escaped convict from North Carolina.
It was one of the saddest occasions in which I have ever
participated. It was a cold winter day. The entire attendance at the
funeral was Senator Bryan, Senator Reid, and the mother of this young
man, her only child. She was very proud of him. He was an exemplary
student in high school. He had had a great record in the military and
chose as his life's profession that of a police officer. She was
devastated.
Mr. President, the story does not end there, however, at least for
his mother. A week ago, in a Reno newspaper, the Reno Gazette-Journal,
wrote an article on the status of various death row cases. Officer
Borland's mother is quoted in this news article as saying, ``My son
gave his life for his State and his country. Give (Sonner)''--the man
who killed her son--``the death penalty and he lives for 40 or 50
years. That's not a death penalty. They lie to us.''
``We have a death penalty and it's being thwarted by murderers,'' the
article goes on to say.
Mr. President, the reason I mention this is because Nevada has the
highest per capita death row population in the entire Nation, more than
double that of Texas. The State of Texas has recently executed its
100th inmate since 1977.
It does not matter whether you are for or against the death penalty.
The fact is we are a country of laws and the laws should be carried
out, and it is wrong what is happening throughout this Nation and in
Nevada. People get the death penalty, and as the mother of this
executed highway patrolman says, ``My son gave his life for his State
and his country. Give (Sonner)''--this is the murderer--``the death
penalty and he lives for 40 or 50 years. That's not a death penalty.
They lie to us.'' She goes on to say he will probably live longer than
she will. Why is this going on?
Let me give you the death sentence appeal process in Nevada, and it
is similar in a lot of different places. First, automatic first appeal
before the Nevada Supreme Court. If it is denied, you have a petition
for a rehearing before the Nevada Supreme Court. If that is denied, you
have a petition before the U.S. Supreme Court. If that is denied, you
have a postconviction relief petition in the trial court, and if that
is denied you appeal again before the Nevada Supreme Court. If that is
denied, you petition for rehearing before the Nevada Supreme Court. If
that is denied, you go to the Supreme Court.
[[Page S16346]]
This is the second time. If that is denied, you petition before a
Federal court. If that is denied, then you petition for a rehearing in
the same court. And if that is denied, you go to the ninth circuit, or
whatever other circuit if it is not in Nevada. If that is denied, you
have a petition for a rehearing. If that is denied, you go to the U.S.
Supreme Court. If that is denied, then you go back to the Federal Court
and take each step over and over again.
This is simply not right. As everyone is aware, this body passed
comprehensive habeas reform earlier this year as part of the
Antiterrorism Act. We must see to this legislation being signed into
law.
It is time to put an end to the endless appeals. Why do I say that?
Take the small State of Nevada. In Nevada, a man by the name of
McKegue, in August 1979, killed William and Irene Henry during a
robbery. He entered prison in August 1971. He was sentenced to die. He
is still there. Edward T. Wilson stabbed to death a Reno police
officer, Jimmy Hoff. On June 25, 1979, he was committed to be executed.
He is still alive. Robert Ybarra, in 1979, murdered a girl outside Ely,
NV. He is still alive even though he has been sentenced to death.
Ronnie Milligan, he murdered a 77-year-old woman on July 4, 1980. He is
still alive even though he has been sentenced to death. Mark Rogers
murdered two women and a man outside of a mining camp near Lovelock,
NV. He is still alive even though he has been sentenced to death.
Mr. President, I ask unanimous consent that this entire article be
made a part of the Record so that we can spread on the Record of this
Congress what is taking place in Nevada and is taking place in almost
every State in the Union where there is a death penalty, which is far
the majority, and as this newspaper article indicates that people are
laughing at the law because it is farcical.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Reno-Gazette-Journal, Oct. 21, 1995]
Trimming Time on Death Row
(By Bill O'Driscoll)
It's been a year since the parents of slain Nevada Highway
Patrol Trooper Carlos Borland heard a Lovelock jury give his
killer, Michael Sonner, the death sentence.
Sonner, who once said he wanted to die, is now appealing.
And Maria Borland says she may die of old age before the
North Carolina escapee is executed by lethal injection for
shooting her son along Interstate 80 in late 1993.
``My son gave his life for his state and his country,'' she
said. ``Give (Sonner) the death penalty and he lives for 40,
50 years. That's not a death penalty. They lie to us.''
Her husband says Sonner's execution won't bring back their
son, but until it happens, justice won't be complete.
``(Sonner) is in confinement with three meals a day, free
dental and medical--somethings that people on the street can
only fantasize having,'' Jimmy Borland said.
The Borlands are not alone. The number of inmates on
Nevada's Death Row stands at 76, including Duc Cong Huynh and
Alvaro Calamboro, both convicted for the January 1994
killings of Peggy Crawford and Keith Christopher at a Reno U-
Haul rental.
But just five inmates have been executed since the death
penalty was reinstated in 1977, none against his wishes.
A state lawmaker is creating a committee to draft
recommendations for Congress and the 1997 Nevada Legislature
on how to shorten the distance from conviction to execution.
``We have a death penalty and it's being thwarted by
murderers.'' said Sen. Mark James, R-Las Vegas, who hopes to
gather 25 to 30 lawmakers, judges and law enforcement
officers on the panel.
``I see no reason why we can't get a finality within two
years, even with safeguards,'' said Washoe District Attorney
Dick Gammick, who will be on the panel. ``There has to be a
time when we say, `That's enough.'''
Keith Munro of the attorney general's office said the
biggest problem is the turnover in attorneys along the way.
Each usually tries to return the appeals process to the
beginning so as not to inherit the previous lawyer's work.
``Death sentence cases are very complex. Attorneys get
tired of them and want to get off. But you can't address that
in legislation,'' he said.
The dizzying appeals process is one that always allows an
inmate to try again, Munro said, but with each repeated step,
the excuse to get there cannot be used anew.
Still, ``You can litigate these cases until they wheel the
inmate out of the death chamber,'' he said.
But there are some time-saving measures already in place.
James and others applaud the Nevada Supreme Court for its
rule several years ago requiring daily transcripts in capital
murder trials to keep lawyers abreast of the cases.
James said two bills that are bogged down in Congress would
expedite appeals where they clog the most: the federal
courts.
On the other end of the table, State Public Defender James
J. Jackson admits the process is a long one, but often
necessarily so.
``A lot of the reason why cases get hung up in the federal
courts are concerned about a lack of effective counsel,''
Jackson said. ``Yeah it could be more expedited, but when
you're talking about the ultimate penalty, yeah, it'll take
more time.
Nevada has the highest per-capita Death Row population in
the nation, more than double that of Texas, which recently
executed its 100th inmate since 1977.
But Texas is the exception, due largely to the lack of
attorneys for inmates even up to the time of execution, said
Michael Pesceta of the Nevada Appellate and Post-Conviction
Project, a Las Vegas-based non-profit agency for the defense
of Death Row cases.
``In a `giddyap' state like Texas, it's not uncommon for a
lawyer to see a case for the first time three weeks or a
month before the scheduled execution,'' Pescetta said.
``Justice is geared to denying cases and getting on with it,
It's not pretty. In Nevada, at least there's an attempt to
take more care.''
In fact, he said, Nevada is typical of most of the 38 other
states where the death penalty is allowed.
But Pescetta senses changing winds in Nevada, saying, ``The
political landscape has gotten considerably meaner.''
James denies any political motivation in forming an ad hoc
committee to study reforms.
``The people have said they want the death penalty. We have
to do something,'' he said.
Jimmy Borland agrees.
``They're technically entitled to two appeals. But we're
not playing a baseball game here,'' he said. ``If you're
going to have a death penalty, then do it.''
death sentence appeal process
The many steps on the road to execution in Nevada:
Automatic first appeal before Nevada Supreme Court. If
denied:
Petition for rehearing before Nevada Supreme Court. If
denied:
Petition before U.S. Supreme Court. If denied:
Petition for post-conviction relief in trial court. If
denied:
Appeal before Nevada Supreme Court. If denied:
Petition for rehearing before Nevada Supreme Court. If
denied:
Petition before U.S. Supreme Court. If denied, either:
Petition before federal court; if denied, then petition for
rehearing in same court; if denied, appeal to 9th Circuit
Court of Appeals; if denied, petition for rehearing; if
denied, appeal before Supreme Court, if denied, then back to
federal court and each step thereafter may be repeated, but
at each step inmate must explain why he didn't use excuse
before. Or:
Petition for post-conviction relief in trial court; if
denied, then appeal to Nevada Supreme Court; if denied, then
appeal to U.S. Supreme Court. If denied, back to trial court
and each step thereafter may be repeated, but at each step
inmate must explain why he didn't use excuse before.
nevada's longest on death row
Kenneth McKegue, 42, of Watsonville, Calif. Sentenced in
Washoe County Aug. 2, 1979 for murders of William and Irene
Henry during a robbery Dec. 21, 1978. Entered prison Aug. 6,
1979. Age at time of offense: 32.
Edward T. Wilson, 36, of Mountain Home, Idaho. Sentenced in
Washoe County Dec. 14, 1979, for stabbing death of Reno
Police Officer Jimmy Hoff June 25, 1979. Entered Nevada
prison Dec. 19, 1979. Age at time of offense: 20.
Robert Ybarra, Jr., 42, of Sacramento. Sentenced in White
Pine County July 23, 1981 for Sept. 29, 1979 murder of a girl
outside Ely. Entered prison July 24, 1981. Age at time of
offense: 26.
Ronnie Milligan, 45, of Murfreesboro, Tenn. Sentenced in
Humboldt County Aug. 31, 1981, for murder of a 77-year-old
woman July 4, 1980. Entered prison Aug. 25, 1981. Age at time
of offense: 30.
Mark Rogers, 38, of Taft, Calif. Sentenced in Pershing
County Dec. 1, 1981, for murder of two women and a man Dec.
1, 1980, in a mining camp outside Lovelock. Entered prison
Dec. 3, 1981. Age at time of offense: 23.
Priscilla Ford, 66, of Berren Springs, Mich. Sentenced in
Washoe County April 29, 1982, for Thanksgiving Day murder of
six people in downtown Reno in 1980 when Ford drove her car
down a crowded sidewalk. Entered prison April 30, 1982. Age
at time of offense: 51.
Patrick McKenna, 49, of Leadville, Colo. Sentenced Sept. 3,
1982 in Clark County. McKenna murdered his cellmate in the
Clark County Jail Jan. 6, 1979. Entered prison Feb. 23. Age
at time of offense: 32.
Tracy Petrocelli, 44, of Chicago. Sentenced Sept. 8, 1982
in Washoe County for murder of an automobile salesman.
Entered prison Sept. 8, 1982. Age at time of offense: 30.
Roberto Miranda, 52, of Havana, Cuba. Sentenced Sept. 9,
1982, in Clark County for stabbing victim to death during a
robbery. Entered prison Sept. 17, 1982. Age at time of
offense: 38.
Thomas Nevius, 39, of Plainfield, N.J. Sentenced Nov. 11,
1982 in Clark County for shooting victim during a burglary.
Age at time of offense: 24.
Mr. REID. I think it is time we make the law do what it says. What we
need
[[Page S16347]]
is to make sure that these never-ending appeals are terminated. We need
to have a process so the people have their day in court or maybe 2 days
in court and that they have the appeal process once and maybe twice but
not dozens of times.
The time has come to speak out against this. It is too bad that we
have to have the death penalty. I personally support it. If we are to
have these laws on the books they ought to be enforced.
Whether or not you agree with the death penalty, you should agree
that the law, whatever it is, should be carried out, and in this area
it simply is not. If we are going to have a death penalty, we must
ensure finality of justice after appeals have been exhausted. I think
we should set very strict limits on what appeals should be allowed.
So, Mr. President, I call upon Members of this body, especially the
Judiciary Committee, to use whatever authority they have to move
legislation along that has been before this body before so that these
writs of habeas corpus and other interminable delays be put to rest. We
must move forward to end this endless appeal process that simply meets
no standard of justice.
I appreciate the gravity of the capital offense, but at some point we
have to ask, why, why do we even have these laws if we never carry out
the sentence of the court. The current imbalance robs the victims and
their families of the justice they deserve. It undermines the public's
confidence in the system. I believe it also undercuts the deterrent
effect of the death penalty.
Thank you, Mr. President.
Mrs. HUTCHISON addressed the Chair.
The PRESIDING OFFICER. The Senator from Texas.
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