s_jud_2017a_2017-02-15t13:33:58z3 Hearing Summary

Date: 02/15/2017

Location: RM 271

05:42 PM -- SB17-095



Senator Gardner discussed procedures to be used for witness testimony on Senate Bill 17-095.





05:43 PM



The committee recessed.





05:45 PM



The committee returned to order. Senator Guzman, prime sponsor, presented Senate Bill 17-095, concerning the repeal of the death penalty by the General Assembly. She told the committee of the circumstances surrounding her father's death.





06:00 PM



Senator Guzman continued her opening remarks by discussing executions performed in Colorado.



06:02 PM -- Ms. Maisha Fields, representing herself, testified in opposition to the bill. She discussed her experience concerning the murder of her partner, and stated her reasons for opposing the bill.



06:10 PM -- Mr. Tim Ricard, representing himself, testified in support of the bill. He discussed his experience and the death of his wife.



06:15 PM -- Mr. Justin Marceau and Ms. Hollis Whitson, representing themselves, testified in support of the bill. Mr. Marceau distributed copies of his testimony (Attachment F). Mr. Marceau explained his study of death penalty cases in Colorado, and stated that there are constitutional concerns with Colorado's death penalty procedures.



17SenateJud0215AttachF.pdf



06:20 PM -- Ms. Whitson testified in support of the bill. She discussed the costs associated with death penalty cases. Ms. Whitson discussed the impact of death penalty trials on victims.



Mr. Marceau responded to questions concerning jury discretion and racial bias related to imposition of the death penalty. Mr. Marceau, in response to a question, stated that there is no evidence showing that the death penalty has a deterrent effect; Ms. Whitson commented.





06:30 PM



Mr. Marceau clarified statistics from prior testimony, and responded to questions concerning how the death penalty is applied. Ms. Whitson also commented on the application of the death penalty, including jury selection procedures. Ms. Whitson responded to a question concerning the relationship between the death penalty and plea agreements.



06:42 PM -- Mr. Ezra Aldeen, representing himself, testified in support of the bill. He discussed his experience relating to the death of a family member, and his work as a social worker.



06:45 PM -- Mr. Adrian Miller, representing the Colorado Council of Churches, testified in support of the bill. He discussed the application of the death penalty. He read the testimony of Rabbi Joseph Black. Mr. Miller responded to questions concerning the race and ethnicity of those sentenced to death and of victims. He submitted written testimony to the committee on behalf of Bishop James Gonia (Attachment G).



17SenateJud0215AttachG.pdf



06:52 PM -- Mr. Peter Severson, representing Lutheran Advocacy Ministry Colorado, testified in support of the bill. He made a statement on behalf of the organization.



06:53 PM -- Ms. Maria Liu, representing herself, testified in support of the bill. She discussed specific cases involving the death penalty.



06:57 PM -- Mr. Kevin Bishop, representing himself, testified in support of the bill. He discussed working on death penalty cases.



07:00 PM -- Mr. Robert Autobee, representing himself, testified in support of the bill. He discussed how the judicial and correctional systems function in relation to death penalty cases, including an explanation of his personal experiences. He also commented on the work of the General Assembly. He read a letter he received from the person who murdered his son.



07:10 PM -- Mr. Nathan Woodliff-Stanley, representing the ACLU of Colorado, testified in support of the bill. He discussed the application of the death penalty.



07:13 PM -- Ms. Bert Nieslanik, representing the Office of Alternate Defense Counsel, testified in support of the bill. Ms. Nieslanik discussed the legal proceedings surrounding a death penalty case.



07:17 PM -- Ms. Stacy Anderson, representing the Better Priorities Initiative, testified in support of the bill. She discussed her beliefs on the death penalty.



07:20 PM -- Ms. Lynea Hansen read testimony in support of the bill from Twentieth Judicial District Attorney Stan Garnett (Attachment H).



17SenateJud0215AttachH.pdf



07:27 PM -- Reverend Tina Yankee read the testimony of Frank Thompson, representing Better Priorities Initiative (Attachment I).



17SenateJud0215AttachI.pdf



07:33 PM -- Ms. Jean Fredlund, representing the League of Women Voters, testified in support of the bill.



07:36 PM -- Fourth Judicial District Attorney Dan May testified in opposition to the bill. He stated that if the death penalty is to be repealed, it should be done so by the voters, not the legislature. He discussed the deterrent effect of using the death penalty as punishment. He responded to a question regarding the deterrent effect of the death penalty. He also clarified information provided in his testimony. He responded to questions concerning district attorney discretion to seek the death penalty, and the cases where the death penalty may apply. He submitted a statement to the committee (Attachment J).



17SenateJud0215AttachJ.pdf



07:50 PM -- Eighteenth Judicial District Attorney George Brauchler testified in opposition to the bill. He stated that he believes some cases deserve the death penalty. He commented on research presented in prior testimony. Mr. Brauchler responded to a question relating to district attorney discretion. He also responded to questions concerning the potential for coerced confessions when the death penalty is a sentencing option.





08:00 PM



Mr. Brauchler continued to respond to questions concerning coerced confessions. He responded to a question concerning the availability of drugs used in Colorado to carry out an execution. In response to a question, Mr. Brauchler commented on criminal justice systems in other countries.



08:08 PM -- Mr. Matt Niedzielski, representing Pikes Peak Citizens for Life, testified in opposition to the bill. He discussed how the death penalty protects life, and reasons not to abolish the death penalty.



08:11 PM -- Mr. Kirk Fry, representing himself, testified in opposition to the bill. He commented that the judicial system does not punish certain people quickly enough. He stated his support for the death penalty.



08:14 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. He discussed his friend's involvement in the case of Nathan Dunlap.



08:19 PM -- Mr. Tim Lopez, representing himself, testified in opposition to the bill. Mr. Lopez discussed a case concerning the murder of a women. He discussed cases in other states and court cases concerning the death penalty. He spoke of other cases where the victim was murdered.





08:27 PM



Senator Guzman provided closing remarks on the bill.

08:32 PM



The committee adjourned.