ILNews

Nebraska: Electric chair unconstitutional

Michael W. Hoskins
January 1, 2008
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A landmark ruling from the Nebraska Supreme Court this morning means that the last state allowing electric chair executions can't use the method because it's considered cruel and unusual punishment.

The 6-1 ruling today in State of Nebraska v. Richard Mata, Jr., S-05-1268, affirms the death sentence but stays the execution. The court decided that the legislature may vote to have a death penalty but not one that offends rights under the state constitution. Because the decision is based solely on state law, the U.S. Supreme Court won't review the ruling.

The court ruled on the case of Raymond Mata Jr., who was convicted by a jury for the May 1999 kidnapping, murder, and dismemberment of 3-year-old Adam Gomez, his ex-girlfriend's son. A three-judge panel later sentenced him to die.

"We recognize the temptation to make the prisoner suffer, just as the prisoner made an innocent victim suffer," Justice William Connolly wrote. "But it is the hallmark of a civilized society that we punish cruelty without practicing it. Condemned prisoners must not be tortured to death, regardless of their crimes."

Chief Justice Michael Heavican disagreed in a 17-page dissent that execution was "cruel and unusual," noting that he sincerely believes this precedent will have adverse consequences on future cases. But he joined the majority on a variety of other issues in the case, including that Mata should be executed for the crime.

This decision comes at a time when state and federal courts, along with the 36 states allowing the death penalty, are struggling with these issues. All states except Nebraska - including Indiana - use a three-chemical lethal injection method, which is currently being challenged in the nation's highest court. Justices heard arguments in January on a case involving two Kentucky condemned inmates.

All that debate and today's Nebraska decision gives Marion County Prosecutor Carl Brizzi, three Indiana attorneys, and a law professor something more to talk about on a radio show this weekend.

As part of his "Crime Beat" program airing at 8 p.m. Sunday, Brizzi will tackle the death penalty through the eyes of the prosecution, defense, and academia. Guests include Rick Kammen, Gilroy Kammen & Hill, and Bob Hammerle, Hammerle & Allen, both on the defense side; David Wyser, Marion County Prosecutor's Office; and professor Henry Karlson, Indiana University School of Law - Indianapolis.

The live, weekly show airs on WIBC, 93.1 F.M. from 8 to 10 p.m. Sundays. Brizzi discusses matters relating to public safety, the justice system, and current events. Following the Feb. 10 show, the program moves to its new regular timeslot at 3 to 5 p.m. Saturdays.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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