RICHMOND — In the Bible, God hands down the Ten Commandments, including
"thou shalt not kill." Last week, several religious leaders and other
Virginians urged the General Assembly to uphold that rule by abolishing the
death penalty.
"Capital punishment is against the best judgment of modern criminology
and above all, against the highest expression of love in the nature of God,"
said Jack Payden-Travers, director of Virginians for Alternatives to the
Death Penalty.
Displaying signs proclaiming "Death Penalty is Dead Wrong" and "Execute
Justice, not People," VADP members and supporters gathered at the Capitol to
push for legislation that would limit if not eliminate capital punishment.
The group quickly received a reminder of how difficulty its quest will
be. Shortly after the press conference, Del. Frank Hargrove, R-Hanover,
presented to a House panel his bill to abandon the death penalty. The House
Courts of Justice Committee unanimously rejected the proposal.
Hargrove, 76, acknowledged from the start that the legislation was
unlikely to survive. But he said he expects the state eventually to do away
with capital punishment.
"The attitude of Virginia is changing, [although] not very fast," he
said. "I won't be around, but I would predict that in five years this bill
will make it out of committee."
Under Hargrove's bill, defendants convicted of crimes now punishable by
death would be sentenced to life in prison without the possibility of
parole.
While that is the VADP's ultimate goal, in the interim the group backs
bills to restrict the imposition of capital punishment.
For example, first-term Del. Al Eisenberg, D-Arlington, has proposed
raising from 16 to 18 the minimum age for which someone could be indicted
for a capital crime. Eisenberg said he wasn't totally against the death
penalty but "killing children to stop (them) doesn't make any sense.
"Young people are not fully (mature) in their minds; they are not
adults," he said. "We need to treat juveniles as juveniles, and we should
use the system that was set up for them."
The Rev. Jonathan Barton of the Virginia Council of Churches believes
Eisenberg's proposal would be a step toward eliminating the death penalty.
"There is no healing that can take place in an execution," Barton said.
"If all we seek in a society is an eye for an eye and a tooth for a tooth,
then what we will find is a bunch of blind, toothless citizens."
Retired Richmond Bishop Walter F. Sullivan is a member of the VADP's
advisory board. The Catholic Dioceses of Richmond and Arlington have called
on the General Assembly to abolish the death penalty.
Catholic leaders and the VADP also have endorsed proposals to put a
moratorium on executions in Virginia while state officials study the issue.
"A moratorium gives us time to see problems with the death penalty
resolved," said the bill's chief sponsor, Sen. Henry Marsh, D-Richmond.
Opponents of capital punishment say that most people sentenced to death
are poor; that the death penalty is applied arbitrarily; that it is not
reserved for the worst crimes; and that, with legal expenses included, the
death penalty costs more to impose than life in prison.
VADP members took heart in the punishment that a Tidewater jury gave Lee
Boyd Malvo, who was convicted in connection with last year's sniper
shootings in the Washington area and Ashland. The jury spared him the death
penalty -- because, Payden-Travers believes, Malvo was a juvenile while he
committed his crimes.
"I think the time is now; the Virginia jury has spoken," Payden-Travers
said.
The VADP also wants the General Assembly to eliminate the state's 21-day
rule, which gives inmates only 21 days after sentencing to present
nonbiological evidence that could exonerate them. It is the most stringent
rule in the nation.
Under legislation being considered this session, such evidence – like a
new witness or a documented alibi -- would be treated like DNA: A court
could hold a hearing and decide whether the evidence is valid.
VADP members said the 21-day rule prevents men and women who have been
wrongfully convicted from seeking a remedy through the courts.