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Ruling divides those close to death row's victims

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BY JOE DUGGAN, LORI PILGER AND JoANNE YOUNG / Lincoln Journal Star

Friday, Feb 08, 2008 - 06:33:51 pm CST



The three men who killed five people in a Norfolk bank robbery will pay for the rest of their days.

Regardless of how many days they have left.

Story Photo
Coni and Larry Johnson, parents of Norfolk bank murder victim Lisa Bryant, and Bryant's son, Jordyn in 2003. (LJS File)
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“These men will be in prison for the rest of their lives because of the number of convictions,” said Coni Johnson, whose daughter was among the victims of the bank shooting. “I have no worries that they will ever get out and hurt anyone again. They won’t be paroled. They won’t be pardoned.

“I don’t want them to hurt anyone else again.”

So Friday’s Nebraska Supreme Court ruling that declared the electric chair cruel and unusual punishment evoked a nuanced response from the O’Neill woman.

But that doesn’t mean she is neutral about the death penalty.

She believes execution is a just sentence for the men who killed her 29-year-old daughter, Lisa Bryant, in the Sept. 26, 2002, shootings.

Her message to state lawmakers: Reinstitute a viable means of execution.

“If you take away the death penalty … our recourse and our ability to show human beings that these things are wrong will slightly disappear.”

The husband

Dave Mausbach learned about the court’s order Friday, when he got a call from a reporter.

“I’m not happy with it,” he said quickly.

But he wasn’t shocked.

Five years after his wife, Jo, was shot and killed in the bank in Norfolk where she worked, Mausbach said nothing about the court system surprises him.

“It’s all about the criminals anymore. At least it seems that way,” he said.

When Mausbach is asked what he’d like to happen to the men who killed his wife, he’s clear.

“They should have been in the electric chair a year ago already.”

Now, they’re just sitting there in prison. He wonders if he’ll live to see the day they die.

Mausbach said he’s glad Attorney General Jon Bruning is asking the Nebraska Supreme Court to reconsider.

If he could talk to the judges, he’d ask them to reconsider, too — “To put it mildly.”

“Nothing’s going to take care of what happened,” Mausbach said. “But it’d be a little peace of mind.”

The sister

Miriam Kelle, sister of murder victim James Thimm, has started speaking against the death penalty in recent months after being publicly silent on the issue for more than 20 years.

Her brother was tortured and killed by Michael Ryan at a survivalist camp in Rulo in 1985.

Ryan is on death row.

Kelle heard about the court’s ruling at work Friday morning.

At first, she was in disbelief.

“Then I was just so excited that there was not going to be another person that would have to die that way,” she said.

Kelle, a member of the Mennonite faith, has spoken five times in recent months about her feelings against state-sponsored killing.

She testified at a recent hearing in front of the Legislature’s Judiciary Committee on Omaha Sen. Ernie Chambers’ bill to repeal the death penalty.

And this week she spoke to about 30 Creighton University students, including pre-law majors and Young Democrats.

She is also trying to speak to Gov. Dave Heineman, who has threatened to veto any death penalty repeal that reaches his desk.

So far, she said, he has put off that conversation until and if Chambers’ bill gets to a second round of debate.

The prosecutor

The ruling also was on the mind of the prosecutor who put the Norfolk bank killers on death row.

Madison County Attorney Joe Smith wants to assure the families of the victims that the ruling doesn’t equal amnesty.

“All the people on death row are still sentenced to death,” Smith said. “That won't change because of this. What will change is the state must change its policy.”

In addition to Lisa Bryant and Jo Mausbach, those who died in the botched bank robbery were Lola Elwood, Samuel Sun and Evonne Tuttle. The prosecution also blamed the killers for the earlier killing of Travis Lundell, a Norfolk man who briefly shared a rental with one of the gunmen.

Now, Smith will place his confidence in the Legislature and the governor to act, either this session or the next. In the meantime, he will continue to monitor the bank shooters’ various appeals.

Assuming the Legislature enacts a new form of execution, it’s possible attorneys for death row inmates will use the change as a basis for appeal.

But Smith said previous case law would prove such appeals futile.

“As far as I’m concerned and the people in this county are concerned ... if we switch from electrocution to some other method,  justice will be served. If we don’t,  justice won’t be served.”

Reach Joe Duggan at 473-7239 or jduggan@journalstar.com; Lori Pilger at 473-7237 or lpilger@journalstar.com; or JoAnne Young at 473-7228 or jyoung@journalstar.com


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Why? wrote on February 8, 2008 1:27 pm:
" Did the men who are in prison for killing people give their victims a choice? Were the rights of the victims to live violated? I think our Ne Supreme Court needs to re think their ruling. Maybe they would rule that the murdering of innocent people are unconstitutional!!! "

 Red wrote on February 8, 2008 1:55 pm:
" I so agree with "Why"! When did we stop caring about the victims rights? These men will sit in prisons that cost more to keep one prisoner for a year, then my family makes. I'm tired of my tax dollars paying for killers! "

 Larry from Norfolk wrote on February 8, 2008 2:42 pm:
" I knew two of the people who were shot in Norfolk very well and my son was a good friend of Jordyn's. This has not only impacted the families but many, many friend and people in the area. The behavior that these individuals showed should not be allowed and we need to show anyone that does this kind of action that the death penality will be the result. "

 BB wrote on February 8, 2008 3:39 pm:
" Execution MUST be an option, maybe not the electric chair but death needs to be an option for the worst of the worst!! "

 db wrote on February 8, 2008 4:22 pm:
" Hmm.. I'm against pre-meditated state sanctioned murder. If I'm ever murdered, I would hope my family would respect my wishes. "

 cruel and un..... wrote on February 8, 2008 4:39 pm:
" Its amazing that men who kill with out remorse, so easily hide behind the law. Their victims were not given a choice when there lives were so easily snuffed out. And yet our justice system affords them the right to live out there lives. Everyone of the spremecourt justices in the state of Nebraska should be removed from office. This is a disgrace to our laws and everyone of those men on deathrow in Nebraska should be terminated in the same maner as there victums. This is a very sad day in Nebraska and should be forever known as blackfriday the day murders got rights there victs were not afforded. "

 Zackly wrote on February 8, 2008 5:20 pm:
" "When did we stop caring about the victims rights? "

Answer: When the justice system became the judicial system. "

 whatever wrote on February 8, 2008 5:35 pm:
" Largely the Mexican government supports the position that "Once a Mexican always a Mexican". Given that position and the proximity of the Mexican Consulate, it will be interesting to see the reaction of the Mexican government and the Hispanic community if a major impetus is to seek vengeance for the Norfolk murders given the Mexico has outlawed the death penalty. Something for Mr. Flood to ponder. "

 Oklahoma City wrote on February 8, 2008 5:47 pm:
" Trust me, the death penalty does not bring closure. "

 Maybe somewhat off topic but... wrote on February 8, 2008 7:34 pm:
" I haven't had this explained to me in full, but if someone is pro-life and anti-death penalty, how does that dynamic exactly work? "

 Matt Poulsen wrote on February 8, 2008 7:53 pm:
" I do feel for the victim's families. However, our legal system and the ways in which we punish criminals are a reflection of our society in general. People cringe when they think about animals being electrocuted to death. Whether you are for or against the death penalty I'm not sure why there is a disagreement about the method of electrocution. For those who are worried about there not being a death penalty...don't worry...lethal injection will be put in place very quickly. "

 why the need for more death? wrote on February 9, 2008 1:03 am:
" I am very proud of the ne supreme court for this ruling. Nebraska was the only state left to use the electric chair as its only form of execution. do we really want to be viewed as the only backwards honk run state in the union? i think not. now hopefull with the help of ernie chambers we can get rid of this horrible punishment once and for all. I am appalled by those who so staunchly support the death penalty. granted these are evil people on death row who have no right deciding who lives and who dies, but what makes you think you have the right to decide? "

 Edgar Pearlstein wrote on February 9, 2008 8:06 am:
" We know that there have been cases of wrongful conviction "beyond any reasonable doubt". It's bad to have someone imprisoned on such a conviction, but even more horrible is to have someone executed wrongly. A prison sentence can be stopped, but death can not. "

 Sylvia wrote on February 9, 2008 8:22 am:
" We must stop the circle of killing, otherwise we will turn into Israel and Palestine. We will become a vengeful people. We must learn to forgive and let live. If you are so enraged by a criminal's actions then you must put more money into education to make sure kids can get the means for which they need to live their own lives without resorting to violent crime. "

 fullerton,ne. wrote on February 9, 2008 8:47 am:
" the polar bears are hungry. ( think about it ) "

 Mark wrote on February 9, 2008 8:45 pm:
" " I haven't had this explained to me in full, but if someone is pro-life and anti-death penalty, how does that dynamic exactly work? " Did you mean pro-life and pro-death penalty? Those values are exactly opposite. If a person is pro-life and pro death penalty, they do not understand what is is to be pro-life. There is a wealth of information on the culture of death and how pro-life stances oppose that. The death penalty contributes to the culture of death. "

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