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Tuesday, January 06, 2009

In Nebraska - UPDATED

"Lethal injection backed in survey," is Paul Hammel's report in Nebraska's Omaha World-Herald.

Since the Nebraska Supreme Court ruled 11 months ago that electrocution was cruel and unusual punishment, the state has been without a legal means to carry out the death penalty.

That might not last long, a pre-session survey of state lawmakers indicates.

Twenty-nine state senators — four more than needed to adopt a law — indicated in the World-Herald survey that they either supported or would strongly consider adopting lethal injection as the means to carry out the ultimate penalty.

Six of those responding said they were undecided, while only five indicated that they opposed lethal injection or the death penalty. Nine senators, all Democrats in the officially nonpartisan body, declined to participate in the survey.

Both Gov. Dave Heineman and Attorney General Jon Bruning have voiced support for changing the mode of execution from the electric chair.

Ten prisoners are currently on Nebraska's death row.

One supporter of lethal injection, Speaker Sen. Mike Flood of Norfolk, said the strong backing indicates that senators recognize the need to adopt a legal means to carry out Nebraska's death penalty.

Flood said he supports lethal injection and the death penalty because capital punishment is warranted for the most heinous of murders.

Still, the speaker said, it won't be easy to adopt lethal injection, despite the majority support and the exit of State Sen. Ernie Chambers, the Legislature's staunchest opponent of the death penalty.

"It's not an issue anyone looks forward to discussing," Flood said.

Newly elected State Sen. Tanya Cook of Omaha stated on the survey that she was "philosophically opposed to the death penalty."

Another new senator, Ken Haar of Malcolm, answered that he'd prefer to abolish the death penalty and substitute a sentence of life in prison without parole as the ultimate criminal penalty.

Jill Francke, the state coordinator for Nebraskans Against the Death Penalty, said it's too early to translate 29 supporters in a survey into easy passage for lethal injection.

Many senators, Francke said, have not considered the nuances of switching from the electric chair to lethal injection and haven't looked at the high cost of death penalty trials and appeals.


Earlier coverage of the Nebraska moratorium is here.

AP is now reporting, "Neb. AG wants lethal injection procedure outlined," via KHGI-TV.

The state corrections department would devise the lethal recipe and administration of drugs to execute prisoners if the recommendation of Nebraska Attorney General Jon Bruning is followed.

In a report released on Tuesday, Bruning recommends the department be given leeway to create the drug cocktail instead of spelling it out in state law.

During the session that begins Wednesday, lawmakers will consider approving lethal injection as the state's lone means of execution. Last year the state Supreme Court declared the state's use of the electric chair unconstitutional.

Bruning's office says his recommendation would let professionals create and possibly change an execution protocol so that it follows national practices.

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The StandDown Texas Project

  • The StandDown Texas Project was organized in 2000 to advocate a moratorium on executions and a state-sponsored review of Texas' application of the death penalty. To stand down is to go off duty temporarily, especially to review safety procedures.

Steve Hall

  • Project Director Steve Hall was chief of staff to the Attorney General of Texas from 1983-1991; he was an administrator of the Texas Resource Center from 1993-1995. He has worked for the U.S. Congress and several Texas legislators. Hall is a former journalist.
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