BREAKING: Death Penalty Repeal Fails, 16-23-2
Senate Bill 40, which eliminates the Death Penalty in Delaware going forward (those already convicted of first degree murder and sentenced to death will not have their sentences reduced), finds itself on the House floor today for debate and perhaps a vote. The Bill has had a long and winding road to get today. This is the second session of the General Assembly in which a death penalty bill has been considered. This time, like the last time, the Senate passed the bill by the slimmest of margins, 11-9. Last time, the bill was buried in Rebecca Walker’s House Judiciary Committee. This time, the bill was actually debated in Larry Mitchell’s House Judiciary Committee. But last spring, the bill failed to clear the committee.
But all hope was not lost. Rep. Sean Lynn openly stated on multiple occasions that he would petition the bill out of committee so that it could be considered on the floor of the House. To do that he would need the votes of a majority of the House. But it turned out was not necessary, as House Speaker Schwartzkopf and Rep. Mitchell agreed to release the bill and place it on the agenda for debate.
There are two cynical theories as to why that happened. The optimistic cynical theory is that the bill was going to get petitioned out of the committee and passed, so Pete and Larry wanted to jump on that train to avoid humiliation, or at least get it done with as early in the session as possible. the pessimistic cynical theory is that they knew the bill was going to be defeated, so that is why they agreed to release it and vote on it.
Regardless, if you have not already, let your State Representative know how you feel about the death penalty. It may be your last chance.
Being a liberal, I’m optimistic.
Shrink, I want to kill
No chance of passing. Too little courage in the Delaware House. Barely enough in the Senate.
Two national leaders at the forefront of the battle for racial justice in America will be at today’s vote. Delaware native Bryan Stevenson, founder of the Equal Justice Initiative and Wade Henderson, president of the Leadership Conference on Civil and Human Rights.
Two national leaders who will see Delaware be the opposite.
I’m afraid Anon is probably right. Too much cowardice in the House.
It’s funny (pathetic) that even some in favor of repeal will vote no today to protect their coveted committee assignment or curry favor from the self-annointed demi-God and his princess
Breaking: Repeal is three votes short of a majority, according to sources.
aaaand the cynics have it!
The pessimistic cynical theorists are validated.
Once on record, primaries need to be launched, especially if they are in “safe” Democratic districts…
One of the votes that we are down is Andria Bennett. She would be a yes vote, but she is absent due to complications from a recent surgery. She is currently hospitalized, so we wish her a speedy recovery and nothing but best wishes.
Listen live.
Do not lose faith.
I hope my sources are wrong, Mr. Lynn.
What happened to the recording?
They are on a break so both parties can have a caucus meeting. They will resume at some point after 4 pm
We definitely need to primary anyone who votes no.
Figured. Wanted to make sure something wasn’t wrong with my computer.
I thought I read on here the other day that a few pro-repeal reps could vote no and then bring it back up once a majority is present. Is that true? How does that work? I also did not know about Rep. Bennett. I hope she gets well soon.
I wonder what kind of horse trading is going on by Sneaky Pete and Venomous Val to kill the bill…
@Rep. Lynn: I have faith in some… Sadly, I can count Representatives whom I have faith in to do the right thing on both hands and have a finger or two left over.
The House is back in session and Rep. Sean Lynn is speaking on the bill.
Former Rep. Darryl Scott is present on the floor, listening to his successor argue for death penalty repeal. #netde
Bryan Stevenson of the @EJUSA has been called as a witness and Rep. Lynn is questioning him now. #netDE
How can anyone vote against repeal after Stevenson’s testimony?
Stevenson is excellent. And so is Lynn’s presentation and questioning.
Stevenson says we will still have the death penalty in Delaware after this vote. It will be death by incarceration (life wo parole) #netde
States that eliminated death penalty have not seen crime or murder rate increases. #netde
Stevenson says death penalty is not a deterrent. Evidence and statistics prove that. #netde
Rep. Melanie Smith announces support for repeal.
Rep. John Kowalko announces support for repeal. Says it is our jobs to write laws that are just and fair, and not just for vengeance.
Rep. Bryon Short says he has changed his opinion on the death penalty over the years. He now supports repeal.
Rep. Brady also says he changed his mind, supports repeal.
Thanks for live-blogging this, DD.
Rep. Baumbach rises to support for repeal, thanks Speaker and Mitchell for allowing vote.
Baumbach asks that GA is part of the state. Why do we, as part of the state, want to be murderers?
Baumbach: you can’t reverse death.
No problem, Cass.
Rep. Charles Potter rises in support of repeal. #netde
Whip count of speakers anyway shows 8 yes votes so far.
Rep. JJ Johnson rises to support repeal.
Rep. Kim Williams says not to wait for the Supreme Court, equates it to the marriage equality debate and how we did not wait then. #netde
Republican leader Dan Short calls a witness to speak for a victim in support of the death penalty.
The woman speaking is a friend of the family of Lindsey Bonistall. Her killer, James Cooke, is currently on death row. #netDE
This witness is engaging in total fear mongering. We must be above the very killers that we seek to kill.
Lynn rises to address the witness and the Bonistall family, and that his heart breaks for them, and that his feelings would be the same as theirs. But they are here as legislators, and the truth is that the worse of the worse are not receiving the death penalty.
Lynn: We must the facts lead us today, not emotion over a brutal murder.
Lynn giving a closing argument right now. He must have been (and still is) a damn good lawyer.
“We can’t afford the #deathpenalty” at $6 million per publicly defended case – Rep. Lynn #netDE
Roll call called
Carson no
Hensley no. Jaques no. Q. Johnson no. Longhurst no. Miro yes. Mitchell no. Mulrooney no. Osienski no. Paradee no. Ramone yes.
16 yes. 23 no. 2 absent. Bill defeated.
Those votes above are those I caught that went against party lines, and it includes the Speaker. I may have missed some, so I will wait until the final roll call. Primaries are required for Jaques and Osienski.
Word has it that Kim Williams voted no so that she can bring the vote back for when Andria Bennett is well and able to vote. If that is the case, then there would be 18 yes votes. That is still 3 votes shy of the majority.
Ramone and Miro…I’m personally surprised, but should I be? I’m represented by one (Ramone) and have been repped by the other (Miro) (thanks redistricting)
Thanks for keeping us informed, DD!
Full House vote: The Bold are the Betrayals. Primary them. Kim Williams’ vote was a procedural one so she can bring it back.
Baumbach Y
Bennett A
Bentz Y
Bolden Y
Brady Y
Briggs King N
Carson N
Collins N
Dukes N
Gray N
Heffernan Y
Hensley N
Hudson N
Jaques N
J. Johnson Y
Q. Johnson N
Keeley Y
Kenton N
Kowalko Y
Longhurst N
Lynn Y
Matthews Y
Miro Y
Mitchell N
Mulrooney N
Osienski N
Outten N
Paradee N
Peterman A
Potter Y
Ramone Y
B. Short Y
D. Short N
M. Smith Y
Schwartzkopf N
Smyk N
Spiegelman N
Viola Y
K. Williams N
Wilson N
Yearick N
Pikecreekgirl, no, you should not be surprised. This is how they both still in office up in the northern and more liberal part of the state, they vote progressively sometimes. Like Cathy Cloutier in the Senate.
No problem, Pandora
It was a “free” progressive vote for Ramone considering the bill was defeated. But let’s be charitable and assume he voted his conscience.
Jacques on the other hand is irredeemable.
As is Osienski. Both he and Jaques must be primaried and defeated.
I’m most surprised and disappointed at Osienski’s vote. He has generally been a progressive stalwart in the House. One of the best, in fact. Which is why I wouldn’t look to primary him. I’m almost as disappointed in Mike Mulrooney’s vote as he’s had a good record on progressive issues as well.
As to who to primary, I’d go after Jaques, Mitchell and, of course, Longhurst. Mitchell and Longhurst are in safe D districts and I suspect that many of their constituents are disappointed in their votes. I’d also look at Paradee b/c he basically lied to us in creating the impression that he was some sort of progressive. He’s been anything but.
The question, as always? Who’s gonna challenge them, and are they credible challengers?
Longhurst constituent here, this is the latest in the string of disappointments from my Representative. This is a solid D district, though. If she’s unchallenged then we’ll get more of the same.
Mixed feelings on Osienski. He’s been supportive of education in Christina, which I greatly appreciate. His vote on repeal is very disappointing.
DD: Many thanks for the play by play.
Brian Stephan to primary Pete’s pal Val.