The death penalty is not a form of justice There is no proof that capital punishment, which cannot be administered evenly nor accurately, is a deterrent to murder.
or
four years there was no death penalty in America. The U.S. Supreme
Court abolished capital punishment in 1972, ruling in Furman v. Georgia
that executions were carried out in an inconsistent and discriminatory
manner.
In 1976, the court approved new death penalty
guidelines in Gregg v. Georgia, and the states stepped up to the plate
and rewrote their death penalty statues to fit the new guidelines.
We in Florida were number one in the dubious category of carrying out
the first involuntary execution after the reinstatement. (Gary Gilmore
had demanded to have his sentence meted out quickly before a Utah
firing squad on January 17, 1977.)
Florida Gov. Bob Graham
signed John Spenkelink's death warrant in 1976. Spenkelink, 30 years
old, was convicted of killing a man who had sodomized him and forced
him to play Russian roulette with a loaded pistol. His first death
warrant was stayed three days before his scheduled execution.
Graham issued a new death warrant to be carried out on May 22. On that
date a group of us began what became a tradition, standing in silent
vigil outside the Florida State Prison when executions were scheduled.
It was a disorganized affair made up of tired, dirty, sometimes
hysterical, other times angry, and often shouting people. I found
myself wishing they would maintain as much dignity as Spenkelink
himself.
At the vigil, different speakers crowded around a
bullhorn. One who stood out was Rev. Joe Ingle of the Southern
Coalition of Jails and Prisons. After he said a few words, someone
asked him to lead a prayer. Joe looked around rather reluctantly and
then prayed for John's life. Even prayer seemed hopeless.
At
12:30 a.m. word came that the Supreme Court Justice Thurgood Marshall
had issued a stay. This was followed by another longer stay from the
Federal Circuit Court. We all took prayer, persistence and presence
more seriously. If the execution was not carried out by Friday noon,
the warrant would expire and the process would have to be redone. Where
there was life, we remembered, there was hope.
Back then we
thought that perhaps we could hold back the tide and prevent this and
other executions from ever coming back to Florida. Looking back from
the perspective of 57 executions later in Florida alone, I realize how
naive we were.
On Friday, May 25 at 2:00 a.m. I was awakened by
a call from my friend John Talbird, one of the organizers of Citizens
Against the Death Penalty. The warrant had been vacated and the
execution was scheduled for 10 a.m. that day.
My wife, Sandy,
and I drove to Raiford for our third vigil. Our confused band of
protestors was still leaderless. Some beat on oil drums and shouted.
One small group seemed overly emotional until I realized they were the
mothers, sisters, and wives of men on Death Row.
An African
American minister, Greg Thomas, managed to gather most of the crowd
into a circle. We sang, prayed, and read scripture. Outside the circle
they watched. At ten o'clock we fell silent.
We heard nothing
until 10:20, when Spenkelink's brother-in-law walked by the fence
saying, "He's dead but they won't let us in." Then the witnesses to the
execution were driven by in the unmarked white van. We knew it was over.
The Rev. Tom Feamster, an Episcopal priest from a nearby parish who had
ministered to John Spenkelink for the past three years, came by to talk
with us. Tom had not been allowed to be with Spenkelink during his last
hours. Florida statue at that time did not allow a death-watch prisoner
to have clergy of choice with him. It only allowed clergy of choice to
witness the execution. So Tom, at Spenkelink's request, witnessed
John's death, reading the Beatitudes in the final minutes of life.
Tom said that John's wishes were that we not pray for him but rather
that we pray for ourselves, our state and our nation, which could do
such a thing as this.
Nobody knew back then if Florida would
be successful in beginning executions again. Florida Attorney General
Jim Smith said that Spenkelink's lawyers would probably keep finding
sympathetic judges to beat the death warrant. Smith, however, beat the
lawyers.
This is what the death penalty came down to and where
it remains. The last lawyer to get the last judge in the last hour
wins. John Spenkelink lost this race.
No one knows why
Spenkelink was chosen out of the then 134 prisoners on Death Row. He
was poor. He was a drifter. He was from out of state, all of which are
typical for those executed in Florida. As Spenkelink said, "Them
without the capital get the punishment."
Florida has executed
58 people since 1979. Today there are 367 people on Florida's Death Row
and about 3,600 people on death row nationally.
I still visit
Death Row. I work with and for the victims of violence. I continue to
stand in silent vigil when the state executes its inmates, because I do
not want it ever said that the state killed its own citizens without
anyone standing in protest.
I do believe that one day the
United States will join most of the civilized world and rid itself of
the death penalty. There is no proof that capital punishment is a
deterrent to murder. It has become clear that it cannot be administered
evenly let alone accurately.
Its mistakes cannot be undone. It
is expensive, costing much more with its prerequisite trials and
appeals than housing an inmate for life without parole. It dehumanizes
us all.
Shortly after Spenkelink's execution, Jacksonville police officers made up 20,000 T-shirts with a picture of the electric chair and the caption "1 down, 133 to go." The shirts sold out in a week.
I believe with Martin Luther King Jr. that "the arc of the moral
universe is long but it bends toward justice." I know that capital
punishment is not justice. I don't know how long before we figure that
out.
Larry Reimer is minister of the United Church of Gainesville.