New Hampshire Death Penalty News

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heidi salazar

Corrections Officer Calls for Death Penalty Repeal

Execution isn't a harsh enough punishment for some convicted felons. So says a corrections official, who wants murderers to get life in prison.

One by one, activists who want lawmakers to abolish the death penalty paraded in front of a commission studying the issue.

They included an innocent man who spent 19 years on death row, several members of the clergy and some people whose relatives had been murdered.

And they included Richard Van Wickler, superintendent of the Cheshire County Department of Corrections, who fiercely opposes capital punishment.

Supt. Richard Van Wickler: "I believe the penalty of death sets the offender free. They escape the misery of who they are. I want dangerous offenders to be incapacitated and I want them to live in an uncomfortable existence."

Furthermore, Wickler said, he does not believe that the death penalty serves as a deterrent to violent crime.

The Senate created the commission after legislation to repeal capital punishment passed the House last year but looked as if it would fail in the Senate.

http://www.nhpr.org/node/29294

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Manchester Officer Calls for Death Penalty Support

A Manchester police officer told a commission studying the death penalty that members must support it.

After legislation to repeal the state's death penalty passed the House but looked like it would fail in the Senate last year, lawmakers created a commission to study the issue.

That commission, made up of judges, attorneys, and others invested in the capital punishment dilemma, met for the second time in Concord.

In emotional testimony, Captain Gerald Lessard reminded members about the murder of his colleague, Officer Michael Briggs, in 2006.

Captain Gerald Lessard: "How do we as police officers reconcile the fact that fewer than four years after a brother officer was murdered and the defendant was sentenced to death, that the state of New Hampshire may decide to repeal the death penalty?"

Lessard said he believes the death penalty serves as a deterrent to people who might otherwise kill police officers.

Attorney Lawrence Vogelman gently pushed back, saying that the death penalty didn't deter Michael Briggs' killer, Michael Addison.

Addison was sentenced to death for Briggs' murder and sits on death row.

http://www.nhpr.org/node/29293

heidi salazar

NH Senate to vote on death penalty bill

CONCORD, N.H.--New Hampshire's Senate is scheduled to vote Wednesday on capital murder legislation named after a Mont Vernon woman killed with a machete in her bed during a burglary.

A Senate committee is recommending more study of the bill.

The bill is named after 42-year-old Kimberly Cates, who was killed in a burglary Oct. 4. Her 11-year-old daughter was also attacked but survived. The bill would make home invasion killings a death penalty offense.

Under the bill, prosecutors would have to prove home invaders entered with the specific intent to kill the occupants of the house for the crime to be punishable by the death penalty.

The House blocked introduction of an identical bill.

http://www.boston.com/news/local/new_hampshire/articles/2010/03/07/nh_senate_to_vote_on_death_penalty_bill/

heidi salazar

Senate sends death penalty bill to study group


CONCORD MONITOR - The state Senate yesterday voted 14-10 to ask a death penalty commission to look at applying capital punishment to murders that take place during home invasions.The Senate voted to send to interim study a bill prompted by the October break-in at a Mont Vernon home, in which Kimberly Cates was murdered and her daughter severely injured.

State Sen. Sheila Roberge, a Bedford Republican, said she was "disappointed the Senate Democrats believe someone breaking into your home and killing you should not be included in the death penalty laws."

Republican gubernatorial candidate John Stephen also criticized Senate Democrats for not passing the bill, arguing that the death penalty "is a deterrent to criminals committing the most heinous crimes."

Democrats said the bill should fall under the existing commission, which is already looking at all aspects of the death penalty, including whether it should be expanded.

http://www.nashuatelegraph.com/news/667180-196/senate-sends-death-penalty-bill-to-study.html

heidi salazar

Prison wardens to discuss death penalty

Two former wardens will testify before a state death penalty commission about their experiences carrying out executions in three southern states.

While a prison warden, Ron McAndrew oversaw five lethal injections in Texas and helped perform three electrocutions in Florida.

Allen Ault oversaw executions in Georgia. Both men are expected to discuss the toll executions take on the state employees who carry them out. Ault will be testifying via video/speaker phone.

The Death Penalty Study Commission meets at 9 a.m. at the Legislative Office Building.

The commission is schedule to report its conclusions in November.

http://www.nashuatelegraph.com/news/821908-196/prison-wardens-to-discuss-death-penalty.html

heidi salazar

Warden critical of death penalty

A former prison warden who carried out eight executions urged a New Hampshire commission Thursday to stay away from the practice, saying the memories of those he has put to death haunt him.

"It's nothing but a premeditated, ceremonial killing, and we do it to appease politicians who are tough on crime," Ron McAndrew said after his testifying at the Legislative Office Building. "The state has no right to ask people to kill others on their behalf."

McAndrew, a former warden in Florida and Texas and now living in Florida as a prison consultant, said he supported the death penalty until "these men came and started sitting at the edge of my bed at night."

McAndrew helped perform three electrocutions in Florida and oversaw five lethal injections in Texas. Since he has been speaking out against the death penalty, he said, many former corrections officers who participated in executions have sought his counsel.

"We spent hours on the phone, trying to process the horror we went through," McAndrew told the panel. "We never admitted it at the time. That would have shown weakness in a job that demanded strength."

"I implore you, don't get into this business," McAndrew told the commission. "Honor your corrections officers and don't force them to go through what I went through - what so many of us have gone through and have suffered for."

The last execution in New Hampshire took place in 1939. The state has one convict on death row, cop killer Michael Addison, whose appeals have just begun to wend their way through the courts. The state Supreme Court is still shaping how to evaluate the fairness of the state's death penalty laws.

Since October, the New Hampshire Commission to Study the Death Penalty has heard testimony from both advocates and opponents of the death penalty and is scheduled to issue its report in November.

Testimony included people on both sides of the debate, from a relatives of a crime victim to a law expert.

Laura Bonk, a Concord woman whose mother was murdered in Massachusetts in 1989, urged the panel to repeal the death penalty.

She told them Thursday would have been her mother's 69th birthday. Bonk's sister, 16 at the time, was also shot by the son of a sick friend her mother was visiting in Littleton, Mass.

"My mother was opposed to the death penalty," Bonk said. "I ask you to recommend repeal. It would honor me and, most of all, my mother."

Bonk said her aunt called three years ago to tell her the killer died in prison of natural causes. She told the panel his death brought no comfort or closure.

"It does not lessen the pain," she said. "It does not help victims heal."

The panel also heard from New York Law School professor Robert Blecker, who argued in favor of keeping the death penalty but applying it "only to the worst of the worst of the worst."

Those who kill during drug transactions should not be death be death-penalty eligible, he said, adding, "It is understood in the drug game that there are certain killing offenses."

He also would exempt from the death penalty battered spouses who hire a killer.

Acknowledging that his opinion would not be popular in New Hampshire, Blecker also said a robber who shoots an officer to avoid capture - the scenario in Addison's killing of Manchester Officer Michael Briggs - should not be subjected to a death sentence.

"I revere police officers, but they are strapping on a gun as a condition of employment," Blecker said. Killing a juror should be added to the list of crimes eligible for death, he said.

Also, Blecker said, the commission should not view life without parole as a viable alternative to a death sentence, saying "lifers" typically earn the most privileges and get the best jobs behind bars.

He said he visited the state prison Wednesday and saw inmates painting, sculpting, building furniture and playing sports outdoors. Panel member and defense attorney Lawrence Vogelman noted that Blecker appeared angry while describing his prison visit.

"I am angry," Blecker said. "I see justice not being done. I know they have murdered heinously and they spend their day in play."

Blecker also said he opposes lethal injection because executions should involve pain.

"For the torture killers, for the rapist killer of children, a quick but painful death sometimes is the only response," Blecker said. "It's more appropriate than an opiate haze."

http://www.nashuatelegraph.com/news/statenewengland/822405-227/warden-critical-of-death-penalty.html

Angelstorm

Acknowledging that his opinion would not be popular in New Hampshire, Blecker also said a robber who shoots an officer to avoid capture - the scenario in Addison's killing of Manchester Officer Michael Briggs - should not be subjected to a death sentence.

"I revere police officers, but they are strapping on a gun as a condition of employment," Blecker said.


It's not popular over here in Melbourne, Australia either!  I only WISH we had the DP for killing a LEO.  My husband became a cop because he wanted to make our society a better place for our kids to grow up in, and to give something back to Australia.  Yes, he straps a gun on every day as a condition of employment - but I guarantee you he would never use it unless he had to - and he would be devastated if he ended up having to shoot someone.  If they already have the provision for it - I absolutely think it should remain a DP offense to shoot a LEO to avoid capture - if the little bastards weren't doing the wrong thing in the first place, then they wouldn't be needing to evade capture, now would they?!   >:( >:(  Just sayin'.....

JTiscool

Quote
Following the release of the report from the New Hampshire Commission to Study the Death Penalty, New Hampshire's Concord Monitor called for an end to capital punishment in the state. The Commission concluded a year of public hearings and careful study and chose by a 12-10 vote to recommend neither expanding nor abolishing the death penalty. However, the Monitor pointed out that the evidence presented to the commission was primarily in favor of repealing the death penalty. One of the many arguments against the death penalty considered by the Commission was its arbitrary nature. Outcomes of capital cases depend on the makeup of capital juries, the resources available to the defendant, and the potentially unequal skills of prosecutors and defense lawyers.  The editorial noted that former attorney general Phillip McLaughlin recalled a case in which he charged the wrong man with murder and another in which an investigator failed to share evidence that might have proved that someone else committed the crime. He voted to repeal the law.  The editorial concluded: "States are not infallible. A life wrongly taken by the state cannot be returned. But an innocent person serving life without parole can be freed. New Hampshire should join the states and the many nations that have progressed beyond capital punishment."  Read the full editorial below.

Abolish the Death Penalty

Concord Monitor Editorial--Dec. 9, 2010

Last week, after a year of testimony, public hearings and careful study, the state's 22-member Commission to Study the Death Penalty issued its report. By a 12-10 vote, the commission recommended neither to abolish the death penalty nor to act on pleas to expand it, but to leave things just as they are.

After 19 meetings and many hours of testimony, few if any of the commissioners appear to have changed their minds about capital punishment. Perhaps that's not surprising, given the emotional nature of the death penalty and the legal and moral complexities involved. So despite all the commission's work, not much was learned. In fact, recent evidence in one Texas murder case sheds more light about the wisdom of the death penalty than the commission's report.

One of the many arguments against the death penalty is its arbitrary nature. The outcome of a capital case can depend on the makeup of a grand jury and its willingness to indict; the ability of a prosecutor to exclude jurors opposed to capital punishment or even queasy about it; the resources available to the defendant; and the potentially unequal skills of prosecutors and defense lawyers.

Similarly, the outcome of a study commission can be heavily influenced by its makeup. The death penalty commission's conclusion was likely foreordained by the experiences and predispositions of those chosen to serve.

Of the 12 members who voted to retain the death penalty, five are current or former police officers, one was the father of a slain police officer, five are current or former prosecutors, and one was the relative of a murder victim.

The 10 votes for abolishing the death penalty came from a retired judge, three criminal defense lawyers, an environmental lawyer, a murder victim's son, a psychotherapist, a civil rights activist, a nonprofit organization executive, and a former attorney general.

The arguments of those in favor of capital punishment leaned heavily on "common sense" and unsubstantiated contentions. Among them were the unfounded belief that capital punishment serves as a deterrent; undue faith in the state's ability to impose the penalty fairly; and a belief, shared by society to a lesser degree every year, that taking a life is the only sufficient punishment allowable for some crimes.

The evidence presented to the commission weighed heavily in favor of abolishing the death penalty. Advocates cited the potential for error and the irrevocable nature of the punishment.

Former attorney general Philip McLaughlin, for instance, described two cases that shook his faith in capital punishment. In one, he charged the wrong man with the rape and murder of a 4-year-old girl. In the other, involving the killing of a police officer, he agreed to a plea bargain because a detective had not shared evidence that might have proved that someone else pulled the trigger.

Though more than a score of death-row inmates have been found innocent in recent years, death penalty opponents have been hard-pressed to provide definitive proof that an innocent convict was executed. That no longer appears to be the case.

In Texas, a man accused of killing a liquor store clerk during a robbery was convicted based on the testimony of an accomplice and a hair sample collected at the scene. Four years after the execution of Claude Howard Jones, however, the accomplice said he lied. And last month, DNA analysis of the key hair sample proved that it did not come from Jones.

States are not infallible. A life wrongly taken by the state cannot be returned. But an innocent person serving life without parole can be freed. New Hampshire should join the states and the many nations that have progressed beyond capital punishment.

("Abolish the death penalty," Concord Monitor (editorial), December 9, 2010).  See Studies and Editorials.


Here we go.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

Angelstorm

Seems to me that although the article is written from an anti point of view JTiC, that the conclusions of the review isn't really going to change anything.....  ???

JTiscool


Seems to me that although the article is written from an anti point of view JTiC, that the conclusions of the review isn't really going to change anything.....  ???


I know but it's always amusing to read these articles of desperation.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

JeffB

Grisly murder prompts NH death penalty bill

By Norma Love
Associated Press / January 30, 2011

CONCORD, N.H.--The gruesome machete murder of a mother in her bed shocked New Hampshire's governor and House speaker into supporting legislation making fatal home invasions punishable by death.

But their backing alone does not assure success in New Hampshire, where lawmakers have been more inclined over the years to repeal the state's narrow death penalty law than to expand it.

House Speaker William O'Brien is the prime sponsor of a bill named for Kimberly Cates, a woman from O'Brien's hometown who was killed in a 2009 burglary in her home. Her 11-year-old daughter was attacked but survived.

The young men charged in her death could not have faced the death penalty because the crime did not fall into one of the six types of murders eligible for death under New Hampshire's statute, one of the narrowest in the nation.

The six types of murders are: killing an on-duty law enforcement officer or judge, murder for hire, murder committed in connection with a kidnapping, murder committed during rape, murder committed during certain drug offenses and murder committed by a convict already serving a sentence of life without parole.

The law was last expanded in 1994 to add killing a judge.

A 19-year-old man has been convicted of Cates' murder and sentenced to life without parole. A 21-year-old co-defendant's trial is scheduled for next month. Three other youths pleaded guilty to lesser charges.

Crafting a law concise enough to address the crime that triggered the home invasion outcry also could be difficult because legally, there is no such crime as home invasion.

Senior Assistant Attorney General Will Delker said O'Brien's bill covers a wide variety of behaviors from one burglar killing another to keep merchandise stolen from a house to himself to a death resulting from a fight with an estranged spouse.

"This bill actually also would cover someone who entered the house initially lawfully by invitation and then was told to leave and didn't and maybe a fight ensued and someone died in the course of that fight," he said.

O'Brien has picked up support from Democratic Gov. John Lynch, though Lynch wants to research the proposal further.

"The governor believes there are some crimes so heinous the death penalty is warranted, and he supports expanding our statute to include some cases of home invasion. He believes we must closely with the attorney general and the legislature to carefully craft legislation," said Lynch spokesman Colin Manning.

O'Brien's push to expand the death penalty is reminiscent of a similar effort 14 years ago when then-Democratic Gov. Jeanne Shaheen with House Republican leaders' support sought to expand the death penalty to cover a variety of crimes, including causing the death of a child under age 13.

The bill was inspired in part by the rape and murder of 6-year-old Elizabeth Knapp. Then-Attorney General Philip McLaughlin weighed charging Richard Buchanan with capital murder, but couldn't due to the narrowness of New Hampshire law. DNA tests later proved Buchanan not to be Knapp's killer.

Tweet Be the first to Tweet this!..
Yahoo! Buzz ShareThis .McLaughlin, who now opposes capital punishment, said he kept Knapp's picture on top of a bookcase in his office after that as a reminder an innocent man had been accused of the crime.

Shaheen and House leaders' efforts to add child murders to the capital murder statute failed.

Three years later, the Legislature voted instead to repeal the death penalty. Shaheen vetoed the bill and the law remained on the books.

Then again, in 2009, the House voted to repeal capital punishment, but the Senate rejected the bill and joined the House in studying the death penalty. Reflecting the state's continued lack of consensus on the issue, the study commission voted 12-10 in November to recommend retaining the penalty.

Delker said New Hampshire has averaged 18-20 slayings annually over the past 40 years. He could not estimate how many might be considered capital crimes under O'Brien's proposal. Murders that fall under the existing six categories are not automatically eligible for a death sentence. Each case must be measured against aggravating factors that look at, among other things, the defendant's intent, the defendant's criminal record, the age of the victim and the heinous nature of the crime.

Home invasions similar to the Mont Vernon case are rare in New Hampshire. Delker and others say the last similar case was the murders of two Dartmouth College professors 10 years ago in their Hanover home. Two teenagers stabbed the couple as part of a plot to escape their small-town lives and become professional assassins. One was sentenced to life without parole and the other to 25 years to life.

Delker noted that only three people have been charged with capital murder since Shaheen's attempt to broaden the law. Two men are serving sentences of life without parole and the third is on death row for killing a police officer.

In its 380-year history, New Hampshire has executed 24 people, but none since 1939.

Barbara Keshen, chairwoman of the New Hampshire Coalition to Abolish the Death Penalty, said O'Brien's effort to expand the law should be rejected, though she understands why it was proposed.

"This is about a community that's in pain for what happened to people who were cherished members of that community. It is a way for society to send a strong message of disapproval," she said.

State Sen. Jack Barnes, a Raymond Republican and bill co-sponsor, believes it is more than a message. Murders in a home deserve to be punishable by death, he said. The definition of the crime is simple, he said.

"The lights are off; the doors are locked; it's a home invasion," he said.

"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

AnneTheBelgian

http://www.necn.com/03/15/11/NH-bill-makes-home-invasion-deaths-capit/landing_politics.html?&blockID=3&apID=cc50793d2fb847deb3f7b690d6faf149

Tuesday March 15, 2011

NH bill makes home invasion deaths capital crime

Mar 15, 2011 5:30am

CONCORD, N.H. (AP) -- A gruesome machete attack that killed a New Hamphire woman in her bed and wounded her daughter in a deadly home invasion has forced New Hampshire to reexamine its death penalty law.

The House is voting as early as Tuesday whether to make home invasions like the murder of Kimberly Cates in a 2009 burglary in her Mont Vernon a capital crime.

The young men charged in Cates' death could not have faced the death penalty because the crime did not fall into one of the six types of murders eligible for death under New Hampshire's statute, one of the narrowest in the nation.

A 19-year-old man has been convicted of Cates' murder and sentenced to life without parole. Co-defendant Christopher Gribble's trial is under way.













Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

http://www.unionleader.com/article.aspx?headline=House+votes+to+extend+death+penalty+to+home+invasion+murders&articleId=0ece5620-b122-4df2-9894-8c1d8521de86

Tue., Mar. 15

House votes to extend death penalty to home invasion murders

By TOM FAHEY

State House Bureau Chief

21 minutes ago

CONCORD - The House voted this morning without a word of debate today to expand the state's death penalty laws to include home invasion murders.

The change in capital murder statutes stems from frustration that the death penalty laws do not apply to the murder of Kimberly Cates, 42, of Mont Vernon by a group of teens who invaded her home in October 2009.

Speaker of the House William O'Brien is the prime sponsor of the bill, HB 147. He called for a voice vote as soon as it was brought up for debate. The voice vote leaves no record of who supported or opposed passage.

The bill now goes to the Senate. Existing state law on the death penalty limits its use to a few crimes, including the murder of a judge or police officer, murders that occur during rape or kidnapping or during a drug deal.

O'Brien, R-Mont Vernon, said after the vote the bill was a direct response to the Cates case.

"The goal of this legislation is to act as a deterrent to ensure that anyone who would consider such a heinous crime would think twice before they go forward," he said. "We believe that this legislation represents a critical enhancement of protection for those in their homes - which most people consider their sanctuary. This legislation also will deliver justice for victims of these crimes and their families. This is a measured and responsible expansion of the NH death penalty statute."

Christopher Gribble, 21, of Brookline is currently on trial in the Mont Vernon case now, pleading not guilty by reason of insanity. A Hillsborough County Superior Court jury found a co-defendant Stephen Spader, 19, also of Brookline, guilty of six charges in the Cates murder. He is serving a life sentence without chance of parole.













Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

JTiscool

This is going very well so far.
My reason for supporting the death penalty? A murderer has less of a right to live than his victim and already presents a danger while incarcerated for life. They have nothing to lose when the most they can get is Life in prison without parole.

JeffB

NH bill makes home invasion deaths a capital crime


New Hampshire rarely expands its death penalty statute, but the brutal machete and knife attack that killed a mother in her bed and severely wounded her daughter could move lawmakers to add home invasion killings to the short list of crimes punishable by death.

Tweet 1 person Tweeted this.ShareThis .The Senate holds a hearing Wednesday on a bill to do so that has passed the House.

Senate Republican Leader Jeb Bradley of Wolfeboro believes New Hampshire will expand its law to cover the kind of attacks that killed Kimberly Cates and maimed her daughter.

"Given the magnitude of that type of a crime, the death penalty is warranted," Bradley said. "I think an expansion of the death penalty is going to be seen favorably in the Senate."

The bill has powerful backers.

House Speaker William O'Brien sponsored the bill in response to the attack on Cates who was from his hometown of Mont Vernon and named the bill after her.

O'Brien said the bill will enhance protection for people in their homes and provide justice to future victims of home invasion murders.

"(The bill) is a measured and responsible expansion of the New Hampshire death penalty statute to address deadly assaults on people in their homes that were unimaginable until recent years," said O'Brien.

The House passed the bill on a voice vote.

Democratic Gov. John Lynch supports making home invasions a capital crime, but has not said whether he supports the House bill. He submitted a letter to the House pledging to work with lawmakers to pass a bill tailored to apply to home invasion murders.

Bradley believes the only thing that could hold up the bill's passage would be differences over details that can't be resolved by the end of the session in June.

"I think we all feel philosophically (that) for this type of crime the death penalty is warranted," he said.

Steven Spader was convicted of Cates' murder last year and sentenced to life without parole. Co-defendant Christopher Gribble admitted to taking part in the attacks but tried unsuccessfully to convince the jury he was insane at the time. He was sentenced to life without parole.

3 others were sentenced on lessor crimes.

Spader and Gribble couldn't have faced the death penalty in the 2009 attack because the crime doesn't fall into one of six types of murders punishable by death under New Hampshire's statute, one of the narrowest in the nation.

The 6 are: killing an on-duty law enforcement officer or judge, murder for hire, murder committed in connection with a kidnapping, murder committed during rape, murder committed during certain drug offenses and murder committed by a convict already serving a sentence of life without parole.

New Hampshire rarely approves expansions to the law. The last, in 1994, was the addition of killing a judge.

Only 3 people have been charged with capital murder in more than a dozen years in New Hampshire. 2 men are serving sentences of life without parole and the 3rd is on death row for killing a police officer.

In its 380-year history, New Hampshire has executed 24 people, and none since 1939.

A bill to repeal the law passed the House and Senate in 2000 but was vetoed by then-Gov. Jeanne Shaheen, now a U.S. senator. Repeal bills have not reached the governor's desk since.

Crafting a law concise enough to address the crime of home invasion could be difficult because legally, there is no such crime as home invasion.

The attorney general's office testified at a House hearing that the bill would cover a wide variety of behaviors, such as one burglar killing another to keep robbery loot to himself, or a death resulting from a fight with an estranged spouse. The attorney general's office offered to help narrow the bill to cover cases like the Mont Vernon home invasion, but the House passed O'Brien's bill unchanged.

Cates' husband, David, testified in support of the bill though he said he wasn't seeking vengeance since the law change wouldn't apply in his wife's case.

(source: Associated Press)

"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

AnneTheBelgian

http://www.unionleader.com/article/20110526/NEWHAMPSHIRE08/705269981

Thursday May 26, 2011

Committee approves death penalty expansion

By GARRY RAYNO

New Hampshire Union Leader

Published May 26, 2011 at 3:00 am (Updated May 25, 2011)

CONCORD -- The Senate Judiciary Committee voted 3-1 Wednesday to recommend the state's death penalty be expanded to include home invasions.

Last week the bill's prime sponsor, House Speaker Bill O'Brien, proposed changes to address legal concerns raised by the state Attorney General's Office and others.

The Judiciary Committee yesterday adopted O'Brien's proposed changes to House Bill 147. The amendment would link the capital murder expansion to murder committed during a burglary or attempted burglary in an occupied structure.

Attorneys have said the bill that passed the House was overly broad and would have unintended consequences.

Senior Assistant Attorney General Jeffery Strelzen told the committee last week the amendment would do what O'Brien intended and would make New Hampshire's law similar to other states' that include home invasions under capital murder. Strelzin also said the change would better withstand a legal challenge to the expansion.

In Wednesday's executive session, committee Chairman Matthew Houde, D-Meriden, said he could not support the expansion. He said some of the most compelling testimony he heard at the public hearing last week was from family members of victims who said the death penalty does nothing to help their situation.

But committee member Sen. Jim Luther, R-Hollis, said although the committee heard that the place of the murder is irrelevant, he disagrees.

He noted the bill, named for Kimberly Cates, who was brutally murdered in a 2009 home invasion in Mont Vernon by teenagers, addresses murder committed in a very sensitive location, a person's home, and that warrants expansion of the death penalty.

The Senate will vote on the bill next week.




















Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

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