The Salem Statesman reports, "Appeal will halt Haugen's death warrant proceedings." It's written by Peter Wong.
Death-row inmate Gary Haugen will have to wait a little longer for the setting of a date for his death warrant.
Although a judge ruled Friday that Haugen has the legal right to reject a reprieve from Gov. John Kitzhaber, a hearing for a new date will have to follow the conclusion of Haugen’s lawsuit against Kitzhaber.
That is unlikely to occur soon.
Kitzhaber said he would appeal the decision by Timothy Alexander, a senior judge from Washington County assigned to the case in Marion County Circuit Court.
Kitzhaber has 30 days from the time the decision is made official to file an appeal with the Oregon Court of Appeals. He is represented by the Oregon Department of Justice.
“If (and that is the key) either of the parties exercise their right to appeal the trial court decision, then that likely would stay any trial court proceeding to issue a death warrant,” said Phil Lemman, a spokesman for the Oregon Judicial Department, which operates the courts.
Alexander specified that Haugen would have to request a hearing that would set a date for a new death warrant. That hearing also would be in Marion County Circuit Court, and Alexander likely would preside.
It was unlikely that proceedings for a death warrant would go forward until the current litigation is resolved.
"Gary Haugen should be allowed to die," is the Oregonian editorial.
Gov. John Kitzhaber argued last fall that his decision to halt executions for the rest of his term was a matter of principle. After approving a pair of executions during his first term, he wrote in November, he questioned the decisions repeatedly before deciding never again to participate in something he considers morally wrong.
The governor's qualms are understandable, as is his desire for the Legislature to revisit capital punishment. Nonetheless, it's time to give two-term killer Gary Haugen what he wants: a date with the executioner.
And:
The governor should turn his focus, instead, to the larger issue, and the Legislature should work with him to fix it. You could make a compelling case that Oregon would be better off without the death penalty at all. You also could make a compelling case that Oregon should have a death penalty that lives up to its name. What you can't make a good case for, though, is the status quo.
Today's Eugene Register-Guard publishes the editorial, "A gift can be rejected."
A reprieve is a gift, and a gift can be rejected. So ruled a judge in a macabre legal clash between Gov. John Kitzhaber and Gary Haugen, a death row inmate. The ruling is sure to be appealed.
And:
Kitzhaber can govern with a clear conscience even if Haugen goes to the execution chamber. He did what he could to produce a different result, but Haugen insisted that a sentence approved by Oregon’s voters and courts be carried out.
Changing or repealing the state’s death penalty law would be a worthwhile project for Kitzhaber and other Oregonians who don’t want people to be killed in their names. But for now the law stands, and Haugen can choose to slap away a hand extended in mercy.
"Death penalty shouldn't stand as Oregon law," is Ron Steiner's OpEd in today's Oregonian. He's with Oregonians for Alternatives to the Death Penalty.
The Oregonian's Aug. 7 editorial "Time to let Haugen die," about convicted killer Gary Haugen's fight to be executed, makes some good points and misses a few that should be included.
We agree with the statements that "the governor's qualms" about the death penalty "are understandable"; that Judge Timothy Alexander is "no fan of capital punishment"; and "You could make a compelling case that Oregon would be better off without the death penalty at all."
And:
We all abhor the crimes that Haugen has committed. Why should we resort to more killing to allow a convicted killer to get his wish? Life without the possibility of parole might be a more fitting punishment.
The editorial's point that "spending more public money to keep Gary Haugen from receiving a penalty he accepts" -- noted in the last line -- is a mere pittance compared with the millions upon millions of dollars we waste on our flawed death penalty system.
Let's get rid of the death penalty entirely and place those dollars in programs that really do work to reduce violent crime and save young children from taking the unfortunate path that Haugen was placed on. We encourage Gov. John Kitzhaber to appeal and uphold his right to declare the moratorium on executions. We encourage all Oregonians to engage in the debate and learn the facts about the death penalty. It is a failed public policy that is very hard to defend.
Earlier coverage from Oregon begins at the link.
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