More on the execution stoppage. When 3 won't go into a law designed for 2.
Governor Rounds, citing a problem with the current law which mandated the use of two drugs instead of the three that are used in common practice, is putting off the execution of Elijah Page for a year according to Keloland news:
Rounds and Attorney General Larry Long say the law on the books since 1984 requires the state to use two drugs to kill a condemned person, but the standard nowadays is a three-drug combination.Read it all here.
Long says using the three drugs, as was planned, could put the people who carry out the execution at legal risk.
Rounds says the stay is in place until next July. That would give lawmakers time during the next session in the spring time to review the law and bring it into line with the common practices of lethal injection.
Comments
OH!.... I get it now. He doesn't want to do it before the election.
Just like 2005. He didn't want to sign the bill outlawing abortion, so he dumped it back on the legislature.
What's next? He's going to have to have harsh words with one of his kids? Forget it. He'll pass that duty to the legislature, too.
Silly Governor. Spinal columns are for leaders.
Sounds like pandering without making it look like pandering.
Any blame here probably needs to rest with the AG's office and the Governor's lawyers equally. I think I heard Long say in the press conference that his office did not push the issue since mutt's lawyers did not make an objection. They clearly had a prosecutor's mindset about winning the case before them when they needed to step back and represent all state interests.
Rounds' lawyer clearly dropped the ball, it's his job to advise the Governor on all aspects and he should have raised the statutory question early on. Just because the judge and defendant cleared the way unexpectedly was no reason to rush the process and not have all the little ducks lined up.
My final point is that DOC really, really dropped the ball. We've had several people on death row for nearly 10 years now. DOC are the ones charged with enforcing sentences in this sate and the ones responsible for carrying them out. It is the ultimate sentence this state can hand out. You'd think they would have looked at the statute at least once in the last decade and realized it's out of date.
This just a red herring to get Rounds out of a tough position before the election. Rounds really can come up with some BS.
For Schoenbeck's flippant reaction to the implementation of the death penalty, check out Tuesday's http://thepublicopinion.com ("Area Residents Split on Death Penalty")(Registration is free.)
The commandment “thou shalt not kill” is a good rule to follow, Schoenbeck said.
“I'm a pretty good lawyer and I haven't found any small print exception to it,” he said
I'm not a lawyer--and I certainly don't know any "pretty good" ones--but if Schoenbeck was to actually turn his attention to the Bible, he would find that the very One who gave us the commandment "Thou shall not kill." is the one who established the death penalty. And He has never said anything that would suggest that He changed his mind...no matter how the warm-fuzzy hand wringers among us try to make us believe otherwise.
Rounds has the liability. The liability of losing the election. Long has no risk against Volesky so "I had a legal issue" BS. The AG office is out of control. Time to kick the bums out.
One more point. Volesky can't be any worse. The integrity of the AG's office can only go up from here. Did Long lose all of his ballot explanations?
This is politics, plain and simple.
What a chickenshit governor we have.
Incidentally, any of you who want to witness the justice system in action, I go on trial Thursday (8/31) at the Pennington Co. Court House at 8:30 am. Y'all are invited.
The crime? I asked people a question inside the Rushmore Plaza Civic Center during the Stock Show in Feb. If convicted, the max is a year in jail and $1000 smackers fine.
"...the very One who gave us the commandment "Thou shall not kill." is the one who established the death penalty. And He has never said anything that would suggest that He changed his mind..."
Really? I'd take a look at Matthew 25:34-40:
34 Then shall the King say unto them on his right hand, Come, ye blessed of my Father, inherit the kingdom prepared for you from the foundation of the world:
35 For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink: I was a stranger, and ye took me in:
36 Naked, and ye clothed me: I was sick, and ye visited me: I was in prison, and ye came unto me.
37 Then shall the righteous answer him, saying, Lord, when saw we thee an hungred, and fed thee? or thirsty, and gave thee drink?
38 When saw we thee a stranger, and took thee in? or naked, and clothed thee?
39 Or when saw we thee sick, or in prison, and came unto thee?
40 And the King shall answer and say unto them, Verily I say unto you, Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.
"I was in prison, and ye came unto me."
"Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me."
He only found out THIS AFTERNOON about the problem with the execution law - if anyone is to blame, its the Attorney General.
There is no reason to call a special session, because there is no great rush to have the execution. The legislature can fix the law in January, and then it can go forward.
I think we should be glad to have a governor who finds such a subtlty in the law, even when the AG apparently fails to inform him of it.
You liberals will misconstrue anything to further your cause.
From a previous comment by Dudley Sharp:
"At no point, however, does Jesus deny that the State has authority to exact capital punishment. In his debates with the Pharisees, Jesus cites with approval the apparently harsh commandment, He who speaks evil of father or mother, let him surely die (Mt 15:4; Mk 7:10, referring to Ex 21:17; cf. Lev 20:9). When Pilate calls attention to his authority to crucify him, Jesus points out that Pilate's power comes to him from above-that is to say, from God (Jn 19:1 l).Jesus commends the good thief on the cross next to him, who has admitted that he and his fellow thief are receiving the due reward of their deeds (Lk 23:41). "
It's easy to talk about being brave or cowardly, but this is a person's life we're talking about - no matter how malevolent a piece of garbage they are.
A year of sitting around waiting to die is probably more of a punishment than just getting it over with. It's not like he's going anywhere.
In the meantime, sleep on it, and comment after a night of reflection.
And for those of you quoting verse, all it does is make me think of Austin 3:16.
(That's a wrestling reference for the uninitiated)
No, PP, death is the ultimate penalty. That's why most human beings fear death on some level, but they do not generally feel that living with the memory of all their previous transgressions is really so bad. I don't care how small his cell is. Don't kid yourself. The death penalty is the ultimate prevention of further crime.
By the way, what would happen if Page was to kill a guard at some point in the next year? Don't guess it'd be worth the "prudence" demonstrated this evening, would it?
Page would still get much better treatment than the kids these monsters tortured and slowly killed. Just get it over with already!
The governor can stay the execution. That is within his authority. But at the very least he owes the public the truth about why he's doing it instead of some made up lie about problems that don't exist. Rounds is not an honest man.
True. Sad, but very, very true.
As a conservative Republican, there is no way in the world I could vote for Rounds. The Constitution candidate will get my vote, but I'd leave it blank before I'd vote for any of the other three.
Anon 7:43 - There is always the possibility that one of Page's relatives would decide to sue the state because the law wasn't followed. And, as remote as it seems, there is always the possibility that they could win and collect damages from the state. Stranger things have happened in courts of law.
"It would not make sense for the governor to do this for political reasons - the vast majority of S. Dakotans favor the death penalty."
I disagree with you. The sanctity of life is a huge issue in this election, and Rounds is the guy who signed HB1215. Even though most S Dakotans might favor the death penalty, there is a political problem when with one hand the Gov signs a bill respecting the sanctity of life, and with the other he signs the papers allowing the state to execute a person.
They may very well be two totally different situations, but the fact is this would present Rounds's opposition with an opportunity to attack him for being inconsistent.
By staying the execution, he avoids that political issue.
Of course, he raises another: the fact that he's a chickenshit who can't muster the courage to act when the big issues are in front of him.
Personally, I'd prefer inconsistent to chickenshit.
The fact that he did this for essentially political reasons is astonishing.
Damn that Rounds! He's making me cuss!
Billion for Governor all the way!
People in SD do favor the death penalty, regardless of how that's portrayed to be a "life" issue. People are anti abortion too. If a majority of the voters are both anti-abortion and pro-death penalty, Rounds isn't doing what he ought to do, politically speaking.
It seems to me that he's just bending to pressure put on him from the Bishop. He wants to please everyone this is what he came up with as a way to do it. Blame the law (when he could just follow it and proceed with the execution if he wanted to). Make it the legislature's problem, and avoid the buck stopping at his desk.
Your cricism doesn't make sense for two reasons:
1) He did not call of the execution - he delayed it.
2) We do not have a bishop, and we have not for two years.
You are engaging in the same parcing of the words that Rounds is. Face it, Rounds is nothing more than a wishy-washy panderer. As long as Billion doesn't get too liberal, this republican will be casting his vote for Billion. At least the democrat would call himself one. Plus, it would be refreshing to not have our governor lie to us all of the time.
My criticism is exactly that he didn't call off the execution. He also didn't allow it to go forward. He tried to ride the fence by putting it off and foisting responsibility on someone else.
As for the Bishop comment, it really makes no difference to the argument I'm making. Substitute "church" for "bishop" if that makes you feel better. He was getting pressure to value even Page's life while cognizant of the fact that a majority (some would say super majority) of South Dakotans support the death penalty.
Rounds has several problems. He's clearly running for the Senate and Gov at the same time. Don't do it. People in SD want clear, definite leadership, maybe even a bit of paternalistic Daddy Janklow desk pounding.
Secondly, Rounds doesn't know who he is as a person and as a politician. He's is still running for the state senate only with more air time. Rounds has never articulated where he stands on the death penalty. (If he has cite it for me so I can read it.) This is true when he makes bonehead decisions like today. You can almost see his advisors pleading for more time to figure out what to do.
Third, and this finishes my second point. Rounds and his advisors are indecisive and hesitant. It shows painfully through on issues like these.
Long also can't write ballot explanations, can't interpret what can and cannot be placed on the ballot, and apparently cannot even make sure a death sentence goes smoothly.
This is utterly pathetic!