Philadelphia Inquirer Calls for Moratorium on Death Penalty

Inquirer Editorial: Execution stay points to need for a moratorium

Posted: Monday, November 12, 2012, 3:01 AM

 

As near as Pennsylvania came Thursday to carrying out the state's first execution in more than a decade, there is still time for Gov. Corbett to enact the moratorium sought by a bipartisan legislative task force studying whether the death penalty makes any sense.

There's no doubt that the eleventh-hour reprieve for convicted York County killer Hubert L. Michael Jr. - affirmed in a rare move by the U.S. Supreme Court - lifts a rock on critical flaws in the capital punishment system.

But the brief, two-week stay issued to allow a federal judge to explain his denial of Michael's petition to escape death row provides too little time to determine whether justice would be served by his execution.
There's also a broader constitutional issue that must be resolved before any date is kept with the state's executioner: A pending class-action lawsuit legitimately calls into question whether the use of a lethal injection amounts to cruel and unusual punishment.

 

Going ahead with Michael's execution also would violate the spirit of Supreme Court rulings that limit the death penalty for defendants with psychological problems. The court now bans executing the mentally retarded, as well as juveniles, who, due to their youth, have a limited grasp of the impact of their crimes.

A step further toward the United States' joining most other Western democracies in scrapping the death penalty would be to exclude the severely mentally ill, which is pertinent in Michael's case. Suffering for years from what attorneys describe as serious mental problems, Michael, 56, has gone back and forth on appealing his sentence.

So, the state Attorney General's Office should not be allowed to assert that Michael lost his right to fight execution because he once appeared to accept it. Since there's no rush to execute someone for a crime dating to 1993, the courts must have time to explore legal avenues that point out the wrongfulness of this punishment.

Beyond scrutinizing one killer's pleas, the events surrounding preparations for an execution illustrate the needless costs capital punishment entails. The endless legal proceedings are a given. There's also the enormous emotional toll on relatives and friends of victims during the lengthy appeals process.
Last week, those closest to Michael's young victim - Trista Eng, 16 - wept before state pardons officials. Ending capital punishment would spare all victims' families that anguish, offering them the hope of closure and some measure of peace. Corbett has the power to begin that healing by declaring a moratorium.

Vigil Nov 8, 2012 in Protest of Execution of Hubert Michael

Unless there is a last-minute stay, Hubert Michael will be executed by the state of Pennsylvania. His execution will be the first of a non-volunteer (someone who has chosen to abandon the appeals to which he is entitled) in 50 years, and the first execution in 13 years. We invite you to join us for a vigil tomorrow evening.

We will be gathering outside of SCI Rockview at 5PM for a candle light vigil in protest of Hubert Michael's execution. Please come and stand in solidarity with us. We are organizing car pools from the York/Harrisburg and Philadelphia areas. Please contact Kathleen at KLucas@padp.org if you are able to offer a ride or if you need one. We would like to have a group from Pittsburgh join us as well. Please contact Kathleen if you are willing to help organize a car pool.

More detailed information about the vigil:

• The state of Pennsylvania is back in the killing business. The first execution in 50 years of a non-volunteer is scheduled for November 8, 2012 to begin at 5 PM. Please stand with us outside the death house on the evening of Michael Hubert's execution. The vigil will take place regardless of weather. Here is a list of items you may want to bring along: Layers of clothing and, if rain is predicted, umbrellas. Candles as symbols of shining a light of hope for ending the death penalty in PA and throughout the world. Folding chairs Some snacks to share Musical instruments Flashlight Signs (we will also have some made in advance) Camera/Video camera There is no parking on the road outside the prison so we will be relying on shuttle service by the generous Penn State students using their personal vehicles. Please park in the Nittany Mall in State College outside of Sears and look for a group of vehicles which will be clearly marked with signs calling for abolition of the death penalty and white fabric strips hanging out their windows.  Speakers will include Reverend Walter Everett, whose son was murdered, Ashlee Shelton, former head of Pennsylvanians for Alternatives to the Death Penalty, and a spokesperson for Hubert's spiritual advisor, Sister Barbara. Please spread the word far and wide about this vigil and encourage everyone to join us. Pennsylvania must be shown that we do not want the state to kill in our names. Invited speakers will include leaders of Amnesty International, Pennsylvania Prison Society, murder victims' family members, faith leaders, and representatives from other organizations. If your organization is interested in this speaking opportunity, please contact me at info@padp.org . Yours in Solidarity and Hope, Kathleen