[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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