Death Penalty Measures Lethally Injected

A House committee just a few minutes ago effectively killed two measures that would have revived capital punishment in New Mexico were effectively killed Tuesday by a House committee.

The House Consumer & Public Affairs Committees voted 3-2 along party lines to table House Bill 371 and House Joint Resolution 7, both sponsored by Rep. Dennis Kintigh, R-Roswell.

The joint resolution would have put the issue on the 2012 general election ballot.

The committee is chaired by Rep. Gail Chasey, D-Albuquerque, who sponsored the 2009 bill that repealed the law allowing legal executions. Chasey is a long-time opponent of the death penalty.

Bringing back the death penalty was an issue that Gov. Susana Martinez campaigned on last year. She included it as a priority in her state-of-the-state address at the beginning of the session.

After the votes, death penalty opponents pointed out to me that the Illinois Gov. Pat Quinn has said he'll sign a bill outlawing capital punishment in his state.

Roundhouse Roundup: The Mysterious Munoz eMail Hijacking

A version of this was published in The Santa Fe New Mexican
February 17, 2011

Somebody out there really doesn't want Sen. George Muñoz's Senate Bill 196 — which would give New Mexico hunters a bigger share of the state's Big Game Draw licenses — to pass.

Not only did this opponent e-mail another senator, Howie Morales, D-Silver City, to badmouth the bill, but he also somehow was able to hack into Muñoz's personal Gmail account Wednesday to do it.

"I got a call this morning from Sen. Morales saying, 'Hey, did you send me an e-mail?' " Muñoz said Wednesday.

Muñoz, D-Gallup, showed me a printout of the e-mail, which indeed was from the address listed on Muñoz's page on the Legislature's website.

The writer, who claimed to be a hunter from Longview, Texas, left his name — or at least his purported name — as "Ronald," at the bottom of the e-mail. He also listed his surname, but I won't use it in case the hacker was falsely using an innocent person's name there.

The bill would set aside 90 percent of the big-game licenses for state residents — up from the current 78 percent.

Muñoz said he hasn't heard of anyone aside from Morales who received the e-mail.

"This goes a little overboard," Muñoz said in a serious understatement.

Muñoz said he'd contacted Google about "Ronald," but he hasn't yet contacted police. He said he changed his password when he learned of the hacking.

This is the second known case in recent months of a New Mexico lawmaker getting hacked.

In October, Attorney General Gary King's office reported that a scamster had gained access to the e-mail of Rep. Al Park, D-Albuquerque. In that case, the evildoer claimed to be Park and sent messages to everyone on Park's contact list claiming he was stuck without any cash or credit cards and needed friends to wire him money to get home.

One of the recipients of that desperate message was the attorney general himself.

Star witness: Gov. Susana Martinez caused a mild sensation this week when she made a surprise appearance to testify before the Senate Public Affairs Committee on the proposed expansion of "Katie's Law" (Senate Bill 365, sponsored by Sen. Vernon Asbill, R-Carlsbad).

Nobody around the Roundhouse I've talked to could remember the last time a sitting governor had done that. One former aide to a former governor told me the danger of doing this is that everyone starts wanting you to show up to personally testify about their bills.

But after her appearance Tuesday, Martinez told reporters, "I'll be showing up more often" to testify on that bill and others. "There are several that are very important to us."

Where might she turn up next? One possibility is House Bill 371, and another is House Joint Resolution 6. Both would restore the death penalty in the state.

I asked Martinez at a news conference whether she's willing to appear before committees on behalf of these measures.

"Yes, I am," she said without hesitation. "The majority of New Mexicans want that law that did away with the death penalty to be repealed. ... It's important to New Mexicans; it's important to law enforcement that anyone who kills a law-enforcement officer or rapes and kills a young child, that the jury have the option of imposing the death penalty."

But the governor might have to wait. The death-penalty measures, both sponsored by Rep. Dennis Kintigh, R-Roswell, have been languishing, like an inmate on death row, waiting to be scheduled for their first committee hearings.

Katie's Law, which has bipartisan support, has a much better chance of passing. Named after Katie Sepich, a New Mexico State University student who was raped and murdered in 2003, the law requires collection of DNA samples from those arrested in certain felonies, such as murder, kidnapping, burglary and sex offenses. SB 365 would require DNA testing of anyone arrested for any felony in the state.

UPDATE: This column has been correct to reflect that Sen. Howie Morales is from Silver City. Sorry, Howie!

Pro Death Penalty Groups Raises $30 k

I talked with Bernalillo County Sheriff Darren White yesterday about his Repeal the Repeal group. I asked him whether reports that he's considering running for lieutenant governor or some other office next year.

His answer was simple: "No. I'm not running for anything."

So there. 

Here's the story I wrote:


A version of this was published in The Santa Fe New Mexican
May 13, 2009

An Albuquerque group dedicated to bringing back the death penalty in New Mexico has raised more than $30,000 in the last month, according to documents filed with the state this week.

The group, Repeal the Repeal, was started by Bernalillo County Sheriff Darren White shortly after Gov. Bill Richardson signed a bill that abolished capital punishment, replacing it with a sentence of life in prison without possibility of parole.

The group wants to gather petitions to put the question of whether to reinstate the death penalty on the ballot.

“The people should have a voice in this,” White said Tuesday.

However, White said, because of questions of the legality of repealing laws dealing with criminal justice, it’s not clear whether the issue could be put on the ballot.

White said he is awaiting an opinion from the Secretary of State’s office.

The state constitution lists exceptions to the kind of laws that can be repealed. Among those are “laws providing for the preservation of the public peace, health or safety.”

White said he’s not sure what the next step for the organization will be if the secretary of state rules against a petition process.

Repeal The Repeal, according with a report filed Monday with the secretary of state, raised $30,561 between April 2 and April 29.

The biggest contribution, $18,000, was from White’s political action committee.

Other large contributions were $2,000 from Donald Kaufman of Albuquerque and $1,000 from Albuquerque contractor Tony Pisto.

The group spent $15,638, the biggest amount being $10,000 to Lincoln Strategy of Tempe, Ariz., for television ads that ran last month.

Pope & Gov

Here's a photo sent by the Governor's Office of Pope Benedict XVI and Gov. Bill Richardson I.

Lighting the Coliseum

No, they aren't throwing a Christian to the lions. They're honoring New Mexico for repealing the death penalty.

Here's the press release:

Roman Coliseum to be Lit in Honor of New Mexico

SANTA FE, New Mexico – Governor Bill Richardson and Most Rev. Michael J. Sheehan, Archbishop of Santa Fe, are part of a New Mexico delegation that will be honored on Wednesday, April 15, at a special ceremony at the Roman Coliseum in Rome, Italy.

Sant’Egidio, a prominent international lay organization of the Catholic Church that promotes dialogue, peace and social justice, is hosting the ceremony to honor the New Mexico advocates, legislators and the Governor who successfully joined efforts to repeal the state’s death penalty. The Coliseum, a prominent landmark of execution will be transformed into a beacon of hope to promote the worldwide repeal of the death penalty.

The New Mexico delegation will also be present for the Wednesday audience with Pope Benedict XVI.

The legislation to repeal the death penalty was sponsored New Mexico Rep.Gail Chasey. Many organizations joined the efforts of the New Mexico Coalition to Repeal the Death Penalty. Representing the State of New Mexico in Rome will be Governor Bill Richardson; Most Rev. Michael J. Sheehan, Archbishop of Santa Fe; Rep. Gail Chasey and husband, David Norvell; Allen Sánchez, Executive Director of the New Mexico Conference of Catholic Bishops/ CEO St. Joseph Community Health and wife, Carolina Sanchez; Viki Elky, Director of the New Mexico Coalition to Repeal the Death Penalty and husband, Thomas Elky; and Eric Witt, the Governor’s deputy chief of staff.

The practice of lighting the Coliseum was begun by Sant’Egidio in 2002 when the International Day Cities for Life-Cities against the Death Penalty was launched every year on the anniversary of the first abolition of the death penalty in the world by a state, the Granduchy of Tuscany on Nov. 30, 1786. A special lighting of the Coliseum decided by the Community of Sant’Egidio and the City of Rome, took place in December 2007 when the General Assembly of the United Nations called for a worldwide moratorium on the death penalty as a first step toward abolition.

Roundhouse Roundup: Avenging Bob

A version of this was published in The Santa Fe New Mexican
March 26, 2009

Bob Johnson, thou art avenged!

That’s what I wrote on this very blog last week shortly after the state Senate voted 33-8 to pass House Bill 393, which would open conference committees to the public.

The late Johnson was director of the New Mexico Foundation for Open Government and fought for years to get the Legislature to open those meetings, where Senate and House members work out differences in the budget and other bills passed by each chamber. Conference committees are the last major areas not covered by the Open Meetings Act. Johnson, a retired Associated Press executive, died in 2007.

Like I said, Johnson fought hard to open the meetings. And sometimes he got kicked in the teeth for his efforts. During his last session, some senators, in defending secret meetings, bashed Johnson, pointing out that FOG was funded by (gasp) newspapers, using a tone of voice as if they were revealing the organization was a front for the Communist Party or something nefarious.

As I’ve noted before, lawmakers never do this to lobbyists for drug companies, oil companies or developers.

But Johnson might not be completely avenged yet. There’s still an opportunity to kick him in the teeth. And the person in the position to do that is Gov. Bill Richardson.

Richardson for years has given lip service to open conference committees. A few years ago, he even chided newspaper editors at a legislative breakfast to push harder for such a bill. And as recently as Saturday afternoon, Richardson said at a post-session news conference that he would sign HB393.

But sometime, apparently between then and Monday, the governor started backpedaling. His press office began telling bloggers and newspapers that there might be some problems with the bill.

“While the governor is supportive of the concept of opening conference committees to the public, he is taking the time to scrutinize the final bill passed by the Legislature,” spokesman Gilbert Gallegos told my colleague Kate Nash. “The governor also wants to hear all sides of the issue, including the rationale for allowing the Legislature to close committee meetings without changing the law.”

Gallegos was referring to a section of the law that would allow the Legislature to change its rules to re-close the conference committees.

But as another longtime fighter for open conference committees pointed out (Sen. Dede Feldman, D-Albuquerque, who has fought for years to open the committees), it would take a two-thirds vote to change the rule.

I don’t know what led Richardson to his current stance on the bill. And I don’t really think it’s worth speculating. I just can’t envision the governor vetoing this bill after telling so many people he’d sign it. I just don’t think Bill Richardson wants to be remembered as the man who killed open conference committees.

But let’s wait until the governor does sign that bill until we officially proclaim, “Bob Johnson, thou art avenged!”

Hung up in Taos: Bill Richardson will be remembered as the man who ended the death penalty in New Mexico. And even though he admitted he struggled with the decision, the governor now seems comfortable with signing the bill to abolish capital punishment and replace it with the sentence of life in prison without parole.

He appeared Monday on The Rachel Maddow Show to discuss the move, basically telling the MSNBC audience the same thing he told us — that even though he’d always supported the death penalty, the system isn’t perfect, so there’s a chance for wrongful executions and that the prisons here are so bad that spending the rest of your life there might be worse than death. (He didn’t mention that the governor is responsible for prison conditions here.)

But the most notable thing about the Maddow appearance is a clever headline that appeared on a backdrop behind Maddow as well as in a headline superimposed on the screen during the Richardson interview: “Taos Shalt Not Kill.”

I guess in the minds of some MSNBC employees, Taos is synonymous with the entire state.

But to be a literal stick-in-the-mud, all nine legal executions in New Mexico since 1933 were carried out here in Santa Fe County.

The last person legally executed in Taos County, when executions were the responsibilities of counties, was John Conley, who was hanged in 1906.

In his book Myth of the Hanging Tree, former state historian Robert J. Torrez said Conley had tried to slash his throat with a dull blade shortly before the execution and in fact was unconscious at the time he was hanged.

Torrez lists two other legal Territorial period Taos hangings (one of which, in 1857, he says was “probable” though not fully documented.) However, between 1867 and 1881, according to Torrez, there were three lynchings performed in Taos.

UPDATE: The original version said Sen. Feldman carried the confrence committee bill on the Senate floor. She did speak strongly for it and she did have similar bills that didn't make it to the Senate floor. But it actually was Sen. Linda Lopez who carried HB393.

Blog bonus: Here's Richardson on Rachel

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Gov. Richardson's Statement

Today marks the end of a long, personal journey for me and the issue of the death penalty.

Throughout my adult life, I have been a firm believer in the death penalty as a just punishment – in very rare instances, and only for the most heinous crimes. I still believe that.

But six years ago, when I took office as Governor of the State of New Mexico, I started to challenge my own thinking on the death penalty.

The issue became more real to me because I knew the day would come when one of two things might happen: I would either have to take action on legislation to repeal the death penalty, or more daunting, I might have to sign someone’s death warrant.

I’ll be honest. The prospect of either decision was extremely troubling. But I was elected by the people of New Mexico to make just this type of decision.

So, like many of the supporters who took the time to meet with me this week, I have believed the death penalty can serve as a deterrent to some who might consider murdering a law enforcement officer, a corrections officer, a witness to a crime or kidnapping and murdering a child. However, people continue to commit terrible crimes even in the face of the death penalty and responsible people on both sides of the debate disagree – strongly – on this issue.

But what we cannot disagree on is the finality of this ultimate punishment. Once a conclusive decision has been made and executed, it cannot be reversed. And it is in consideration of this, that I have made my decision.

I have decided to sign legislation that repeals the death penalty in the state of New Mexico.

Regardless of my personal opinion about the death penalty, I do not have confidence in the criminal justice system as it currently operates to be the final arbiter when it comes to who lives and who dies for their crime. If the State is going to undertake this awesome responsibility, the system to impose this ultimate penalty must be perfect and can never be wrong.

But the reality is the system is not perfect – far from it. The system is inherently defective. DNA testing has proven that. Innocent people have been put on death row all across the country.

Even with advances in DNA and other forensic evidence technologies, we can’t be 100-percent sure that only the truly guilty are convicted of capital crimes. Evidence, including DNA evidence, can be manipulated. Prosecutors can still abuse their powers. We cannot ensure competent defense counsel for all defendants. The sad truth is the wrong person can still be convicted in this day and age, and in cases where that conviction carries with it the ultimate sanction, we must have ultimate confidence – I would say certitude – that the system is without flaw or prejudice. Unfortunately, this is demonstrably not the case.

And it bothers me greatly that minorities are overrepresented in the prison population and on death row.

I have to say that all of the law enforcement officers, and especially the parents and spouses of murder victims, made compelling arguments to keep the death penalty. I respect their opinions and have taken their experiences to heart -- which is why I struggled – even today – before making my final decision.

Yes, the death penalty is a tool for law enforcement. But it’s not the only tool. For some would-be criminals, the death penalty may be a deterrent. But it’s not, and never will be, for many, many others.

While today’s focus will be on the repeal of the death penalty, I want to make clear that this bill I’m signing actually makes New Mexico safer. With my signature, we now have the option of sentencing the worst criminals to life in prison without the possibility of parole. They will never get out of prison.

Faced with the reality that our system for imposing the death penalty can never be perfect, my conscience compels me to replace the death penalty with a solution that keeps society safe.

The bill I am signing today, which was courageously carried for so many years by Representative Gail Chasey, replaces the death penalty with true life without the possibility of parole – a sentence that ensures violent criminals are locked away from society forever, yet can be undone if an innocent person is wrongfully convicted. More than 130 death row inmates have been exonerated in the past 10 years in this country, including four New Mexicans – a fact I cannot ignore.

From an international human rights perspective, there is no reason the United States should be behind the rest of the world on this issue. Many of the countries that continue to support and use the death penalty are also the most repressive nations in the world. That’s not something to be proud of.

In a society which values individual life and liberty above all else, where justice and not vengeance is the singular guiding principle of our system of criminal law, the potential for wrongful conviction and, God forbid, execution of an innocent person stands as anathema to our very sensibilities as human beings. That is why I’m signing this bill into law.

Decision on Death Penalty

Gov. Bill Richardson has reached a decision about the death-penalty repeal and will announce whether he’ll sign or veto House Bill 265.

He will announce that decision at 6 p.m.

Richardson had been a staunch supporter of the death penalty. But in recent weeks he’s said he’s softened his views. After the bill passed the Senate last week, the governor’s office set up a hot line and asked for public input.

On Tuesday the office announced that more than 9,400 people had expressed their views. The sentiment was 3-to-1 in favor of repealing capital punishment.

End the Death Penalty, Denish Says

We still don't know when today Gov. Richardson will act on HB285.

But he just got some advice from the Lt. Guv.

Santa Fe, NM – Lieutenant Governor Diane Denish today personally delivered a hand written note to Governor Richardson urging him to sign a bill ending the death penalty in New Mexico while ensuring that convicted murderers face life in prison without possibility of parole. Denish issued the following statement:

“Today I urged the Governor to sign legislation ending the death penalty in New Mexico. But we must do everything in our power to bring justice to those convicted of murder. Therefore, I support replacing the death penalty with a sentence of life in prison with no chance of parole. If you’ve committed murder, you will be behind bars the rest of your life, no exceptions. I will continue working with our police officers and prosecutors and with victims’ families to make sure justice is served.”

Death Penalty Clarification

Astute readers have pointed out that in my story in today's New Mexican, I mistakenly said that if the governor signs HB285 New Mexico would be the 15th state to repeal the death penalty.

Not quite true.

True, we'd be among 15 states to not have a death penalty.

However, most of those states just never bothered to adopt a death penalty law after the U.S. Supreme Court struck down all state capital-punishment laws in 1972. In one of those states, New York, the courts threw out its death penalty law.

The only state in which the Legislature repealed the law -- and the governor signed the repeal -- was New Jersey, in 2007.

The Gary Johnson Poll

Up in the lobby of the Governor's Office yesterday afternoon I ran into a police detective I knew from my cop reporter days, Gary Johnson, who now holds the rank of captain.

Johnson was waiting to urge Gov. Bill Richardson to veto HB285, which would repeal the death penalty and replace it with life in prison without possibility of parole. His argument was that Santa Fe Police were able to crack two old murder cases and get a confession out of serial killer David Bruce Morton back in 2003 because Morton feared the death penalty.

You can read my story HERE.

Seeing Capt. Johnson reminded me that last week I talked to former Gov. Gary Johnson, no relation, who was governor in 2001 when child-killer Terry Clark was executed. Gov. Johnson now is opposed to the death penalty, which he said one day will lead to New Mexico executing an innocent person -- like we almost did in the Vagos case back in the '70s. (See that story HERE.)

So my poll of Gary Johnsons on the subject of the death penalty is evenly split, 50/50.

Death Penalty Main Concern at Guv's Open Office Hours

Out of 62 people who signed up to talk to Gov. Ricahrdson during his open office hours today, 36 were there to talk about HB285, which would repeal the death penalty.

No breakdown on who was for and who was against. But judging from people I talked to in the lobby, there were plenty of folks on both sides of the issue.

Guv Gets Death Penalty Bill

Here's the official word from the Governor's Office:

" ... we received the Death Penalty Bill on Sunday and the deadline date to take action is Wednesday at midnight."

I'm predicting Gov. Richardson will take action on Wednesday well before midnight.

Death Penalty Repeal Goes to Governor

The state Senate, following nearly three hours of debate, voted 24-18 to repeal the death penalty in New Mexico and replace it with a sentence of life in prison without possibility of parole.

That means House Bill 285, sponsored by Rep. Gail Chasey, D-Albuquerque will go to Gov. Bill Richardson for signature.

The governor’s office set up a hotline for getting the opinions of New Mexicans on the issue. That number is 505-476-2225. Those wishing to weigh in via e-mail can do so through the governor’s web site at: http://www.governor.state.nm.us/ and clicking on “Contact the Governor.”

“This is an extremely difficult issue that deserved the serious and thoughtful debate it received in the Legislature,” Richardson said in a prepared statement. “I have met with many people and will continue to consider all sides of the issue before making a decision.”

Richardson must act on the bill within three days after he receives it.

The 24 senators who voted for the bill were all Democrats. Three Democratic senators — Richard Martinez of Española, Tim Jennings of Roswell and John Arthur Smith of Deming — joined the 15 Senate Republicans in opposing the bill.

This was the first time since 2001 the Senate has voted on a death-penalty repeal. Martinez voted for the repeal in 2001, but Sen. Phil Griego, who voted for HB285 voted against the similar bill in 2001.

Kate blogged the roll call HERE

Amnesty International just emailed this:

Amnesty International USA (AIUSA) today welcomed the passage of House Bill 285, which would abolish the death penalty in the state. The human rights organization praised the legislature for voting to eliminate a fatally flawed and costly system, and urged Governor Bill Richardson to allow the bill to become law.

“Abolition of the death penalty is a trend that is destined to continue, and New Mexico will be remembered as a trailblazer and a beacon of hope for everyone who believes in human rights and justice,” said Larry Cox, executive director for AIUSA. “With steps toward abolition being taken across the country, it is clear that Americans are beginning to reject a system that does not prevent violent crime. By supporting this legislation, Gov. Richardson would further burnish his human rights credentials by making New Mexico a true exemplar for other states.”

New Mexico would be the second state in the United States to legislatively abolish the death penalty; New Jersey led the charge when Governor John Corzine signed abolition into law in December 2007. Currently Nebraska, New Hampshire, Kansas, Colorado and Montana are considering a variety of abolition bills.

“From a human rights perspective, there are multiple reasons to abolish the death penalty – but in these hard economic times, there is also a clear budgetary argument to be made for scrapping this system,” said Sue Gunawardena-Vaughn, director of AIUSA’s Death Penalty Abolition Campaign. “According to the Public Defender’s Department the state will save millions of dollars, which can then be applied to genuine crime prevention measures. Retaining the practice does not make any financial sense."

Amnesty International is a Nobel Peace Prize-winning grassroots organization with more than 2.2 million supporters, activists and volunteers in more than 150 countries who campaign for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public and works to protect people wherever justice, freedom, truth and dignity are denied.

Live Webcast of Death Penalty Debate

Courtesy of New Mexico Independent and SF Reporter.



UPDATE: Live blogging HERE

Death Penalty Debate Friday Morning?

That's what Senate Majority Leader Michael Sanchez said this evening when he dropped by the Capitol press room. He didn't promise it, but he sais to listen for it "early." The Senate convenes at 10 a.m., but it won't be that early.

Meanwhile check out my look at the history of capital punishment in New Mexico. If you think the state has been relatively reluctant to execute criminals in the past 50 years or so, you're wrong. The story is HERE.

Death Penalty Bill in Senate Today?

Senate Majority Leader Michael Sanchez just dropped by the newsroom hinting that HB285 would be heard on the Senate floor today.

I just spoke with bill sponsor Rep. Gail Chasey who said she doesn't know. The item is on the Senate calendar, but it might be heard Friday.

Watch this space.

Executions in NM

There seems to be a lot of confusion concenring the last execution in the state before child-killer Terry Clark was killed in November 2001. Even proponents of HB285 have said recently that Clark was the first "since 1961."

Not true. The previous execution was the gas chamber death of David Cooper Nelson on Jan. 8 1960.

Here's a little history: Between 1913, when New Mexico became a state and 1933, 20 people were executed by hanging. During that period, executions were the responsibility of individual counties. Accordng to Myth of the Hanging Tree (2008) by former state historian Robert J. Torrez, only one of those took place in Santa Fe county, Elbert W. Blancett, who was hung July 9, 1920. (But there were several men hung in Santa Fe during the Territorial period.)

In 1933, the state took over the execution business. There were n more hangings. It was the age of electricity.

Here's a list of all those executions:

* July 21, 1933: Two men die in the state's new electric chair. The first was Thomas Johnson, a black man convicted of killing 18-year-old Angelina Jaramillo, who had been raped and killed in her Santa Fe home. Through the years some have claimed that Johnson was framed by authorities. Author Ralph Melnick wrote a book called Justice Betrayed (2002) in which he argues Johnson was innocent and the guiilty party was part of the victim's family.

* July 21, 1933: Santiago Garduno was executed the same day as Johnson. He was convicted of murdering his stepson. Garduno gave the boy a drink of whiskey laced with strychnine.

*May 10, 1946: Pedro Talamonte, who was convicted in Gallup of murdering his 25-year-old wife.

* June 13, 1947: Louis Young was the second black man accused of killing a white or Hispanic Santa Fe woman to die in the electric chair. Young was a prison inmate who worked as personal handyman at the prison warden's home which was near the victim's house. Young confessed to the crime following a late-night visit to his cell by authorities, though he soon recanted, saying the confession was forced. Despite efforts by civil rights organizations throughout the state, Young was executed.

*Feb. 19, 1954: Arthur Johnson , who was convicted of murdering and robbing a Hobbs man.

* Oct. 29, 1954: Frederick Heisler was convicted of murdering a man who had given him a ride hitchhiking.

* Feb. 24, 1956: James Larry Upton, who also was convicted of murdering a man who had given him a ride hitchhiking. According to newspaper accounts, several spectators at his electrocution were drunk and rowdy.

* Jan. 8, 1960: David Cooper Nelson was the first and only New Mexico inmate to die in the gas chamber. He was the third New Mexico inmate to be executed after being convicted of murdering a man who had given him a ride hitchhiking.

* Nov. 6, 2001: Terry Clark, who was convicted of the 1986 murder of 9-year-old Dena Lynn Gore in Artesia. Clark voluntarily halted his appeals process. He, so far, is the only New Mexico to be executed by lethal injection.

Death Penalty Repeal Headed to Senate Floor

I Twittered this hours ago, but I got too busy reporting to blog ...

Anyway, in case you didn't hear, the Senate Judiciary Committee voted 6-5 to give a do-pass to HB285, which would repeal the death penalty and replace it with life-in-prison-without possibility of parole.

You can read the full story HERE.

I spoke with former Gov. Gary Johnson shortly after the vote. He was governor in 2001, during the last execution in the state, that of child-murderer and rapist Terry Clark.

Johnson had been a strong supporter of the death penalty, but the Clark execution, and research Johnson did into the subject around that time, made him soften his position. Right after the execution he said he'd give serious consideration to signing a death-penalty repeal in 2002. But nobody bothered to introduce a bill in the 2002 session, even though Johnson said he'd put it on the call.

Now he flat out says he's become a death penalty opponent and would have signed a repeal. Read more of Johnson's comments in my story in today's paper.

More on the Upcoming Death Penalty Vote

On Friday I interviewed Randy Steidl, a man who spent 17 years in an Illinois prison, including 12 years on death row before his case was thrown out of court is HERE.


Steidl is pictured here with Viki Elkey of New Mexico Coalition to Repeal the Death Penalty.

The Senate Judiciary Committee is scheduled to hear the death penalty repeal bill, HB285, Monday afternoon.

Steidl's case is fascinating. It was the subject of a lengthy report on CBS's 48 Hours. You can read that entire report HERE.

A former Illinois State Police lieutenant who tried to reopen the case told CBS “I was told that I could not reopen the Rhoads case. That it was too politically sensitive. I could not touch it.”

The officer, Michale Callahan, eventually was transferred out of the investigations division. He sued the department, claiming alleged his superiors punished him for conclusions he reached in that investigation. Though the jury in Callahan's civil suit ruled in the detective's favor, a federal appeals court reversed that verdict.

Callahan believes that the person behind the killings might be a businessman and a big contributor to Illinois politicians.

Steidl on Friday talked about possible political motives for Illinois authorities. He said shortly before the murders, he and his co-defendant, Herb Whitlock had talked to the FBI about corruption and public drug use by local law enforcement.

XXXXXXX

Don't forget to catch me this morning on Eye on New Mexico on KOB TV, Channel 4, 10 a.m.