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Guv’s remarks on repealing the death penalty
Saying he does not have confidence that the criminal justice system is or can be perfect, Gov. Bill Richardson signed this evening a bill that repeals the death penalty in New Mexico.
You can read about it from the New Mexico Independent. And here are the remarks, as prepared for delivery, that Richardson was to make at a news conference held earlier this evening:
Richardson’s remarks
March 18, 2009Today marks the end of a long, personal journey for me and the issue of the death penalty.
Throughout my adult life, I have been a firm believer in the death penalty as a just punishment — in very rare instances, and only for the most heinous crimes. I still believe that.
But six years ago, when I took office as Governor of the State of New Mexico, I started to challenge my own thinking on the death penalty.
The issue became more real to me because I knew the day would come when one of two things might happen: I would either have to take action on legislation to repeal the death penalty, or more daunting, I might have to sign someone’s death warrant.
I’ll be honest. The prospect of either decision was extremely troubling. But I was elected by the people of New Mexico to make just this type of decision.
So, like many of the supporters who took the time to meet with me this week, I have believed the death penalty can serve as a deterrent to some who might consider murdering a law enforcement officer, a corrections officer, a witness to a crime or kidnapping and murdering a child. However, people continue to commit terrible crimes even in the face of the death penalty and responsible people on both sides of the debate disagree — strongly — on this issue.
But what we cannot disagree on is the finality of this ultimate punishment. Once a conclusive decision has been made and executed, it cannot be reversed. And it is in consideration of this that I have made my decision.
I have decided to sign legislation that repeals the death penalty in the state of New Mexico.
Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime. If the state is going to undertake this awesome responsibility, the system to impose this ultimate penalty must be perfect and can never be wrong.
But the reality is the system is not perfect — far from it. The system is inherently defective. DNA testing has proven that. Innocent people have been put on death row all across the country.
Even with advances in DNA and other forensic evidence technologies, we can’t be 100 percent sure that only the truly guilty are convicted of capital crimes. Evidence, including DNA evidence, can be manipulated. Prosecutors can still abuse their powers. We cannot ensure competent defense counsel for all defendants. The sad truth is the wrong person can still be convicted in this day and age, and in cases where that conviction carries with it the ultimate sanction, we must have ultimate confidence — I would say certitude — that the system is without flaw or prejudice. Unfortunately, this is demonstrably not the case.
And it bothers me greatly that minorities are overrepresented in the prison population and on death row.
I have to say that all of the law enforcement officers, and especially the parents and spouses of murder victims, made compelling arguments to keep the death penalty. I respect their opinions and have taken their experiences to heart, which is why I struggled — even today — before making my final decision.
Yes, the death penalty is a tool for law enforcement. But it’s not the only tool. For some would-be criminals, the death penalty may be a deterrent. But it’s not, and never will be, for many, many others.
While today’s focus will be on the repeal of the death penalty, I want to make clear that this bill I’m signing actually makes New Mexico safer. With my signature, we now have the option of sentencing the worst criminals to life in prison without the possibility of parole. They will never get out of prison.
Faced with the reality that our system for imposing the death penalty can never be perfect, my conscience compels me to replace the death penalty with a solution that keeps society safe.
The bill I am signing today, which was courageously carried for so many years by Rep. Gail Chasey, replaces the death penalty with true life without the possibility of parole — a sentence that ensures violent criminals are locked away from society forever, yet can be undone if an innocent person is wrongfully convicted. More than 130 death row inmates have been exonerated in the past 10 years in this country, including four New Mexicans — a fact I cannot ignore.
From an international human rights perspective, there is no reason the United States should be behind the rest of the world on this issue. Many of the countries that continue to support and use the death penalty are also the most repressive nations in the world. That’s not something to be proud of.
In a society which values individual life and liberty above all else, where justice and not vengeance is the singular guiding principle of our system of criminal law, the potential for wrongful conviction and, God forbid, execution of an innocent person stands as anathema to our very sensibilities as human beings. That is why I’m signing this bill into law.
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Why did Gov. Richardson repeal the death penalty? His legacy.
Dudley Sharp, contact info below
“(Richardson) admitted his legacy factored into his calculus.”(1) The evidence is that is was “the” factor.
“(Richardson) acknowledged that he hoped his administration would be remembered for ‘doing the right thing, making decisions on matters of conscience.’ ” (1)
How did he do the right thing in a matter of conscience?
In a wealth of understatement, Gov. Richardson admits that some of the anti death penalty arguments he used may not be true: “I am not totally, totally convinced that every argument that I have just said to you is accurate,” he said.” (1)
The “fact” reasons he gave for ending the death penalty were and are easily contradicted. The governor had all the evidence necessary to show that, further enforcing that the repeal was all about the governor. (2)
In a matter of judgement that he called the “most difficult decision in my political life.”(3), one would hope that he had both the character and conscience to thoroughly vet all of the arguments. Here, he admits that he did not. The arguments he used may not be true: he is a liar and/or was irresponsibly and knowingly misinformed in making “the most difficult decision of his political life”.
But, why?
Gov. Richardson had seen his hopes for more national and international prominence go down in flames, with regard to the Commerce Secretary nomination debacle. Gov. Richardson may not have been fully up-front with the Obama administration, regarding a corruption investigation in New Mexico. Richardson withdrew his nomination.
The Governor and close cronies are in the eye of the storm, regarding the FBI investigation into the awarding of state contracts to political donors. The firestorm may affect the remainder of Governor Richardson’s term and beyond. (3)
Hypocritically, when speaking of that ongoing investigation, Richardson states: “I have faith in the criminal justice process, and we must allow it to run its course.” (3)
Cynical US leaders know that they become heroes in parts of Europe, as well as with many liberals within the US, by ending the death penalty. It notches up their level of celebrity and increases their speaking engagements and fees.
“Richardson said he has long believed — and still does — that the death penalty was a “just punishment” in rare cases for the worst crimes.” He added, “. . . from a foreign policy perspective, the death penalty ‘did not seem to me to be good moral leadership and good foreign policy.’ ” (4)
It is impossible to reconcile the Governor’s current, unchanged belief, that the death penalty is a “just punishment” but his getting rid of it is a sign of “moral leadership”. One does not show moral leadership or responsible policy choices by ending justice. Yet. Richardson admits that he did just that.
Justice would have been a much more honorable legacy.
It is much easier to reconcile the Governor’s decision when based upon his personal self interest, a legacy of more international prominence, producing more speaking engagements and fees.
Governor Richardson cannot seek the governorship, again.
The Icon
Incarcerated felon, former Illinois Gov. George Ryan dishonestly, emptied that state’s death row, prior to leaving office and prior to his trial.
Governors, prosecutors and victim’s rights groups, among others, condemned his actions.
Did Ryan care? Of course not. He was politically dead in the US and, very likely, soon to be incarcerated – which he was.
Ryan is considered a hero by murderers and others opposed to the death penalty. Because of his action, in sparing incredibly depraved murderers, Ryan has been nominated, repeatedly, for a Nobel Peace Prize.
If Ryan gets out of prison, he can depend on speaking engagements and fees, based solely on his sparing murderers.
That is a much better deal than fading into history as just another disgraced, corrupt and penniless politician, whose actions resulted in innocent deaths and making Illinois a more dangerous place.
Legacy. Indeed.
copyright 2009 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.
Dudley Sharp, Justice Matters
e-mail sharpjfa@aol.com, 713-622-5491,
Houston, Texas
Mr. Sharp has appeared on ABC, BBC, CBS, CNN, C-SPAN, FOX, NBC, NPR, PBS , VOA and many other TV and radio networks, on such programs as Nightline, The News Hour with Jim Lehrer, The O’Reilly Factor, etc., has been quoted in newspapers throughout the world and is a published author.
A former opponent of capital punishment, he has written and granted interviews about, testified on and debated the subject of the death penalty, extensively and internationally
(1) “Bill Richardson admits doubt about death-penalty decision”, Trip Jennings, The New Mexico Independent, 3/19/09.
(2) “SETTING THE RECORD STRAIGHT: A Rebuttal to Governor Richards: Repeal of the Death Penalty in New Mexico” Dudley Sharp, 3/19/2009 5:48:06 P.M. Central Daylight Time;
Subject Title of email: “Rebuttal to Governor Richardson – Repeal of the Death Penalty in New Mexico”
(3) “Richardson Scandal Simmered in New Mexico”, Trip Jennings, The Washington Independent, 1/6/09 12:34 PM
(4) “New Mexico governor abolishes capital punishment”, by Deborah Baker, Associated Press, March 19, 2009; 12:27 PM