Botched death penalty bill demands legislative action

There are lots of reasons to oppose the death penalty. Among them:

It disproportionately targets African Americans, who account for 42 percent of the death row population, but only 12 percent of the overall population. It disproportionately targets people of diminished mental capacity and financial means, as well.

It scoops up the innocent along with the guilty, as demonstrated by the exoneration of more than 160 death row inmates prior to execution. Thanks to the virtually endless appeals afforded by our legal system, it costs taxpayers three times as much as its natural life alternative.

Finally, it has proven utterly ineffective as a deterrent. And it violates the fundamental Christian commandment, “Thou shall not kill.”

We endorsed a measure in this year’s legislative session to substantially narrow the grounds on which the death penalty might be applied going forward. We did not, however, endorse its chaotic, uncertain and haphazard retroactive application, as dictated via retroactive Oregon Department of Justice decree.

We take umbrage with the about-face of House Majority Leader Jennifer Williamson, a lawyer who played a large role in shepherding the bill through. After repeatedly assuring the Legislature and electorate the measure would not and could not be applied retroactively, she has since admitted that was the intent all along — at least her intent, if no one else’s.

We also take issue with the inaction of Gov. Kate Brown, a timid soul displaying a severely limited leadership quotient. Urged to call a one-day special session to fix what everyone but Williamson seemed to view as an unintended flaw, she remained utterly mum before finally agreeing this week.

We’re happy with the result, but suspicious about the motive. Was she simply waiting for the most politically expedient option to reveal itself?

Among the cases left shrouded in uncertainty was that of Yamhill County’s Jeffery Dana Sparks, who capped a career of sexual assault and other crime by raping and murdering 12-year-old Lafayette resident Lacey Renee Robancho. Though he was condemned to death almost two decades ago, the Oregon Court of Appeals ruled last year that he was legally entitled to reconsideration of his sentence.

The new rules would still allow execution for commission of the premeditated murder of a child under 14. But in Sparks’ case, proof of premeditation was not required at trial, so would remain subject to future judicial determination.

We are under no illusion that Oregon is ultimately going to execute Sparks, even if given the legal go-ahead. Except for a pair of men who swore off appeals, it hasn’t executed a death row inmate for well over half a century. And like its neighboring states to the north and south, it has a gubernatorial moratorium firmly in place.

But Oregonians deserve clarity, logic and certainty from their representatives. Forcing them to wallow in ambiguity on such a high-stakes issue is unacceptable to the point of being unforgivable.

Senate Bill 1013 set out to provide that. It still can, provided the Legislature restores its original intent.