Death Penalty

By Frank Thompson, a retired prison superintendent from the Oregon Department of Corrections.
Because of the moratorium that Gov. John Kitzhaber declared, the gruesome events that unfolded during the execution of Clayton Lockett in Oklahoma did not happen here. But for our governor's bold leadership, it could have. Oklahoma officials injected Mr. Lockett with a "newly tried" cocktail of drugs that caused him to "writhe and gasp" and cry out in pain minutes after he'd been declared unconscious. At one point, he "tried to rise [from the table] and exhaled loudly," prompting prison officials to pull a curtain in front of witnesses. An execution that should have taken little more than 10 minutes was stretched to an agonizing 43 minutes and ended with Mr. Lockett dying of a massive heart attack. Our constitution requires that, if a state wishes to use the death penalty, we must guarantee that it is not cruel punishment. And for good reason.

A 12-person jury unanimously ruled in favor of the death penalty Wednesday in the case of a man originally convicted of murder in 1989. Robert Langley, 54, listened as Marion County Circuit Judge Mary James read the jury's response to whether he deserved the death penalty for the torture-murder of Anne Gray. In December 1987, Langley bound and strangled Gray. He buried her body in a muddy hole behind a North Salem house where his aunt once lived. Four months later, Langley used a baseball bat to bludgeon to death Larry Rockenbrant in a garage on state hospital grounds. A prosecutor later told a jury that Langley and Rockenbrant knew each other and that Langley had told him about Gray's murder. Langley then killed Rockenbrant to keep him silent.

Innocence and Mistakes:(revised 2/6/13) At the time they were convicted, some more than once, the juries had no reasonable doubt that they were guilty. Some were re-sentenced two or three times before evidence of their innocence was found. As of January 2012 none of those who have been sentenced to death in Oregon since 1984, when the current death penalty law was passed, have yet been found to be innocent. However, we have come perilously close.

Academic and professional researchers and institutions over the years have disagreed on this subject. In 2012, the National Academies National Research Council, the most respected independent research organization in the land, examined three decades of research and concluded that the research is not useful. “The committee concludes that resarch to date on the effect of captial punishment on homicide is not informative about whether capital punishment decreases, increrases or has no effect on homicide rates”.