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Heineman 'appalled' by ruling

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By the Lincoln Journal Star

Friday, Feb 08, 2008 - 02:45:45 pm CST

Gov. Dave Heineman on Friday fired a blistering response to the state supreme court's ruling the electric chair was unconstitutional as Nebraska's method of execution.

“I am appalled by (the court's) decision," the governor said in a statement. "...the court has asserted itself improperly as a policymaker. Once again, this activist court has ignored its own precedent and the precedent set by the U.S. Supreme Court to continue its assault on the Nebraska death penalty."

Heineman said he agreed with Chief Justice Mike Heavican, who dissented from the ruling. Heineman appointed Heavican chief justice in 2006. 

Story Photo
Gov. Dave Heineman

Related Link(s):


See the Supreme Court's ruling
Nebraska executions

These people were executed by the state between 1901 and 2007. Sixteen, or 70 percent, of them were white, six (26 percent) were black and one (4 percent) Native. A.B. Cole and A.V. Grammar were executed on the same day.

Prior to 1901, death sentences were carried out by the sheriff of the county in which the crime was committed.

By hanging:

Gottlieb Neigenfind, 1903

William Rhea, 1903

Harrison Clark, 1907

Frank Barker, 1908

R. Mead Shumway, 1909

Bert Taylor, 1910

Thomas Johnson, 1911

Albert Prince, 1913

By electrocution:

A.B. Cole, 1920

A.V. Grammer, 1920

James B. King, 1922

Walter Ray Simmons, 1925

Henry Bartlett, 1927

Frank Carter, 1927

Frank Sharp, 1928

Henry Sherman, 1929

Joseph T. MacAvoy, 1945

Timothy Iron Bear, 1948

Roland Dean Sundahl, 1952

Charles Starkweather, 1959

Harold Otey, 1994

John Joubert, 1996

Robert Williams, 1997

“In his dissent, Chief Justice Heavican wrote, ‘The most significant difficulty with a concern for contemporary standards is that it inherently tempts judges to inject their own subjective values into the constitutional analysis. The danger in such subjectivity is subtle but nonetheless potent. Judges do not sit as a body of elected representatives, as do legislatures.’ '" the governor's statement said.

“I agree with Chief Justice Heavican. The judicial activism on the part of the Nebraska Supreme Court is unprecedented and deeply disappointing.”

Meanwhile, Amy Miller, Legal Director for ACLU Nebraska and chairwoman of Nebraskans Against the Death Penalty, said the ruling was overdue.

"In 1919 (the year Nebraska's electric chair was made), the world was very different. Women could not vote, people of color were denied virtually every protection of law, union organizers were openly arrested and beaten and child labor permeated American industry," she said. "We aren't still driving Model T Fords, and we shouldn't be using any other machinery from the 19th century now in the 21st century. 

The court's elimination of the electric chair, she said, "was almost a foregone conclusion, given the modern world's standards of decency."


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SSF wrote on February 8, 2008 12:53 pm:
" I agree with the death penalty--but perhaps we need to try another avenue. And I am so sick of hearing about 'activist' judges...they are there to judge, and if you don't agree with it, too bad! That's their job!! New precedents must be set!! "

 wahhh.... wrote on February 8, 2008 1:01 pm:
" typical conservative in Heineman....

Death Penalty is wrong.

"

 Craymore wrote on February 8, 2008 1:03 pm:
" Gov. Dave Heineman is an embarrassment to Nebraska. His zeal to keep executing people is a testament to what a mean-spirited little man he really is. It is the Court's job to interpret the Constitutionality of issues that are brought before it. Everytime something doesn't go their way they scream about 'activist judges.' This is a phrase he learned from the Talk Radio and TV Political talk shows. It gets difficult to open the paper in the morning knowing that this little man is in charge of the state. It won't be too soon if we can ever get a real Statesperson back in the Governor's Mansion. Gov. Dave Heineman has proven that Nebraska is willing to settle for anyone in the Governor's Office. Let's aim higher next time. "

 Good grief wrote on February 8, 2008 1:04 pm:
" How many more years of this man as governor. "

 Herb wrote on February 8, 2008 1:07 pm:
" This governor seems to thrive on loud complaints about events that are just never primitive enough for him. This guy was born about 1000 years to late. Is he being genuine in his complaint that we should torture people as we kill them? It will not take long to use more humane means to kill if that tickles his fancy. "

 Citizen wrote on February 8, 2008 1:08 pm:
" I agree that the electric chair is inhumane and disgusting. If you have to kill people don't be inhumane like they were, give a lethal injection! No one should have to witness that! "

 t wrote on February 8, 2008 1:12 pm:
" "...standards of decency."????????????
How about some common sense?
The electric chair was taken away with nothing to take it's place. This is clearly activist work to remove the death penalty completly. "

 Jack wrote on February 8, 2008 1:14 pm:
" I agree with the governor. Little wonder we have so
many criminals running around, they know they'll end up
with a life of the citizens supporting them, therefore,
they've robbed the citizens twice!!!! "

 Mike wrote on February 8, 2008 1:23 pm:
" When the US Supreme Court declares Roe V Wade unconstitutional, will that be an activist decision? "

 George N. wrote on February 8, 2008 1:27 pm:
" Gov. Heineman please save your platitudes. There are no activist judges there are three branches of government that balance one another. Sponsor a bill to kill people more efficiently in the next legislative session. The process exists to protect rights. Your statements are empty sentiments to carry sound bites to the voters. Glad to see that you are already running for the Senate. Please vacate the Mansion to someone who want to run the state,not run for the next office. "

 Chip wrote on February 8, 2008 1:35 pm:
" It is this kind of response that is the reason this republican didn't vote for Heineman. "

 Dave K wrote on February 8, 2008 1:51 pm:
" Right on, Gov. Heineman. I think we're all tired of justices abusing the Constitution to advance their own beliefs and create legislation from the bench. Hopefully this goes right to SCOTUS. "

 Confused wrote on February 8, 2008 1:53 pm:
" Activist judges?? They struck down a means of exercising the death penalty but as this article stated they didn't strike down the death penalty itself. This didn't become a policy decision it became a methods position. I think Mr. Heineman is confused...or maybe I am. "

 Dano wrote on February 8, 2008 1:57 pm:
" I have to disagree with the posters so far. I think the death penalty is very appropriate for people that committ the most heinous of crimes. They deserve to pay the price to society for the lives they stole from the victims and their families. Those of you that think these monsters and criminals don't deserve this punishement should take them into their homes, or sign up somewhere to pay extra for their life in prison. I am kind of tired of supporting them.

Those dregs of society do not deserve the benefits to ever encounter freedom again. Some of these people deserve far worse than the electric chair or older forms of execution.

That being said, it should not be that hard to find the appropriate mix of painkillers, anesthesia, and toxic drug to complete the required judgements. Remeber the crimes that were committed. Cold blooded slaughter of bank employees, killing of children, mutilations and rapes and then killings. They deserve far worse than that. The leaders fo this government need to get on this and quickly. Justice is not revenge, when it is applied in the correct manner. "

 I am appalled wrote on February 8, 2008 1:57 pm:
" I am appalled the govenor is appalled. The electric chair is barbaric, plain and simple. I am also appalled that Cheif Justice Heavican doesn't believe that the electric chair is cruel and inhumane. Labeling the Nebraska Supreme Court "activists" is comical. "

 Kathy wrote on February 8, 2008 1:59 pm:
" Killing is killing and it's WRONG. It does not matter who is doing the killing or how it's done. It's still WRONG! "

 why wrote on February 8, 2008 2:03 pm:
" the state can still kill people. whats the big deal? "

 Go Dave!!!! wrote on February 8, 2008 2:15 pm:
" Thank goodness I'm glad Gov. Dave has brains and balls. I hope they get legislation introduce right away to change the method over to injection so we can get on with carrying out justice. Maybe they can even add some legislation to speed things up a little bit. "

 bewiser wrote on February 8, 2008 2:16 pm:
" If we administer the death penalty, the end result is death. We don't have to torture the prisoner. It doesn't matter how you do it, dead is dead. It just reflects on us, if we want to be cruel in that moment. They are the criminals, and we hope to not be. "

 Galen wrote on February 8, 2008 2:18 pm:
" I applaud the Governor in his feeling over the ruling. The Governor is right on this issue and the court is wrong. "

 Just like FOX news said about Kerry, wrote on February 8, 2008 2:24 pm:
" "He looks French" Only a vicious monster like a Nazi sounding 'Heinemean' would want to continue killing others by a brute, outdated form of painful execution. Nebraska needs to step into the 19th century. "

 Nate wrote on February 8, 2008 2:32 pm:
" The penalties for crimes are supposed to be a deterrent. I'm sick of hearing 'it's inhumane'. Well maybe the criminal getting executed should have thought about what they were doing before they KILLED someone. "

 NO consequences always lose. wrote on February 8, 2008 2:32 pm:
" I just watched a documentary on gang violence. The expert in that made a great observation that he found true in his experiences with murderers.Like he said of especially gang land murderers, "A life sentence as a deterent? It will NEVER work. These people are ALREADY serving a life sentence with the gang that initiated them why would life in a PRISON be any worse? Loss of freedom no longer becomes a real fear, it becomes respect in the gang.

These weak stick liberal judges better get a clue! Fine, get rid of the electric chair, go letahl injection, but letting these animals do their business with no "ultimate" recourse is insane! "

 the last state wrote on February 8, 2008 2:33 pm:
" hmph....wisdom travels slowly again to this state. We are the last to identify this form as cruel. It is more effective to house then bury these criminals. When was the last time anyone said, Gee maybe I should not do this because I might get the death penalty. Get with it. The penalty is ineffective. Reciprocity in this format is state sanctioned murder. If you want this type of penalty I ask you to hold it in front of the Gov.'s Mansion or on the steps of the Capital. "

 Holy moly! wrote on February 8, 2008 2:36 pm:
" Dave Heinemen is a big fat baby. "

 k. wrote on February 8, 2008 2:39 pm:
" I really don't think anybody should be standing up for these murderers. I agree w/ Heineman, why should we change our laws for them? Did these criminals show mercy upon their victims? Did the victims get to choose the way they would like to die? I bet a lot of them would have rather been injected than what they were murdered. "

 Go Heineman wrote on February 8, 2008 2:40 pm:
" I would vote for this man in a second. Its nice to have a person in office that holds true to his beliefs, unlike most Democrats. They stood for something long before they didn't, just to get a vote. You all are a discrace to Nebraska, not our Governor! "

 Um, "t" wrote on February 8, 2008 2:47 pm:
" Seeing as how the court upheld his death sentence, you can't argue that they're trying to do away with the death sentence. Their ruling essentially said that he should die, just not by electrocuction. "

 Will wrote on February 8, 2008 2:47 pm:
" Only 16 have been executed? Seems kind of silly deterrent to crime. Now do 16 a month and we have a plan to help crime. There are better methods than the electric chair anyway. I don't know why Gov. Dave is upset unless he likes the smell of burning flesh. "

 MCG wrote on February 8, 2008 2:54 pm:
" Main problem of the death penalty is one mistake, just one.

And it is no deterrent, and with the legal system actually costs the tax payers more. "

 Rodger Green wrote on February 8, 2008 2:55 pm:
" A judicial decision with which I agree is a reasoned and thoughtful decidion. A decision with which I disagree is not.
It's really simple.
The legislative branch of government makes a law.
Sometimes the judicial branch examines that law to determine if it is in accord with the constitution.
If the law does not follow the constitution, the legislative branch must change the law to fit the constitution.
This is not adversarial. It only becomes such when a third party complains about the judicial decision instead of working with the legislative branch to insure the law is both constitutional effective.

An activist judge is one who issues opinions different from what I would like. It is also a perjorative term used by ideologs who don't want to use my definition. "

 death due wrote on February 8, 2008 3:07 pm:
" These people get the death penalty for a reason they did the crime now thats what they get they killed someone traumatized a whole family of their victim I am sure. Now the criminals death is what they deserve. Now getting rid of the electric chair fine but find a new method quick and lets use the death penalty for what it is deamed for and clear death row. Its been ten years since any one has died using the death penalty now come on whats the point of having the death penalty if they are not goign to use it. These people are just costing us money to set on deathrow money that could be used for better use by executing them and getting them out of the way. Don't kill if you are not going to deal with your own punishment. "

 Nina wrote on February 8, 2008 3:20 pm:
" Turn about fair play...I'm appalled that Heineman is appalled. I think HE is the one who has asserted himself improperly, both on the home-school testing and the electrocution issues. Of course Heavican would dissent -he doesn't bite the hand that feeds him (Heineman appointed him, after all.) Studies have shown Nebraska's general population favors abolishing the death penalty/ That's right -general population, not broken down by political party. All studies have shown how the clear majority feels on this issue. "

 iconoclast wrote on February 8, 2008 3:22 pm:
" I'd like to say I am appalled by the ignorance and pandering of this politician, but then I remember how much you all love him.
When I move from Nebraska, in the next 18 months, it won't be because of taxes, or how the streets are plowed, but because there exists a mean-spirited streak among many of the residents of this state. Some say it is an inferiority complex, while others say it is our pioneer history, but this state holds a greater percentage of negative, mean, and unChristian people than any other.
You deserve this governor. "

 How would you feel? wrote on February 8, 2008 3:24 pm:
" No death penalty? Have a family member lose their life in an inhumane way at the hands of another. I want to see your views then. Don't comment on a topic when you have not been in that situation.

If you kill another on purpose than you must pay the price. "

 Josh wrote on February 8, 2008 3:25 pm:
" To those complaining: This does NOT take away the death penalty. It only takes away the electric chair. Legislators will now have to vote on which means the state will take to execute people on death row. Nebraska is the ONLY state left that uses the electric chair as its ONLY means of execution. That should tell you something. And to those that say this is a stepping stone to abolishing capital punishment altogether, you have 49 other states to compare that to, and to my knowledge (sorry, too lazy to look it up) there is only one state that doesn't do any at all.

So quit cryin'! "

 Nebraska Heart wrote on February 8, 2008 3:28 pm:
" Why the SC judges would want to belittle The Governor because they want to make a show out of the death penalty in Senator Chambers' last year is stupid, and takes all of the future maneuvering balance out of choices of multicultural governance in Nebraska, and specifically is a smokescreen to blame "Republicans" while Democrat non-profit lawyers stake ground to defend out-of-state drug kingpins. "

 Walter Zink wrote on February 8, 2008 3:30 pm:
" As an average citizen with a very cursory understanding of Constitutional law, this issue continues to amaze me. While a high profile professional athlete is serving time three hours south of Lincoln for torture of animals, including electrocution, how can anyone justify the torture of another human being? Isn't it enough to terminate prematurely the life of another person? Do we have to pump 2000V of electricity through their body causing them to seize and twitch until the electrical systems of the heart and brain are singed beyond the point of survival? Although some may argue that such a system creates a deterrent for crimes of heinous violence, there has been no evidence for this idea. (e.g. There is no data that show a reduced rate of violent crimes in states with electrocution versus those that employ more humane methods of sanctioned death or no death penalty at all.) This is intuitive, too, since people who commit atrocious crimes are fundamentally disturbed and not prone to rational cost-benefit analysis, anyway.

I guess I should be glad that Nebraska doesn't have a larger population, otherwise more than 16 individuals would have been subjected to goverment-sanctioned brutality that far outweighs any atrocities that may have been committed at Abu Graib or Guantanomo Bay. "

 Jeff wrote on February 8, 2008 3:33 pm:
" Governor - get your branch and the legislative branch organized and propose a method of death that is acceptable. Lethal injection will still work and is humane. All you need is a nurse/phlebotemist who can get an IV line going and you're home free. Many physicians and perhaps some other healthcare professions won't help due to their hippocratic oath, but I'm sure you could find some way around that. I find your "protest" absurd and overblown. "

 Kelly wrote on February 8, 2008 3:34 pm:
" The fact that the governor of a state would make these kinds of comments is disgusting. Get with the times and find another more humane method of execution. Anyone that believes that we should treat criminals the same way they treated their victims needs to realize that that makes us just as bad as them. Why not use a morally correct method with the same result? "

 Dumbfounded in NE wrote on February 8, 2008 3:37 pm:
" I really can't agree with the death penalty anymore. Does it really work? Ask yourself if the world is a safer, crime-free place? The chair apparently doesn't scare anybody away from manslaughter or gang crimes does it?

I do have a constitutional problem with the courts anacting laws. There are three branches of the government: Executive, Legislative, and Judicial. It's not up to the courts to decide our state or federal laws, that's what the Legislative branch is for. The Judicial branch is supposed to enforce the laws set by the Legislatures.

Our forefathers created the costitution of the United States of America which is recognized as one of the greatest documents in our history. It has eneabled us to become one of the greastest free countries the world has ever seen.

We cannot become so ignorant and uneducated that we as every day people cannot understand how it works because that's how we'll loose this country to extremists and special intrest groups.

We need ot push our schools to teach proper civics and government so our kids won't fooled someday by traitors.

This is just another example of our country deteriorating in our faces and most people don't understand the problem because they don't understand how it's supposed to work.



"

 for justice wrote on February 8, 2008 3:37 pm:
" Perhaps the electric chair is cruel and unusual. What do you call the actions that lead these people to death row? How would you feel if it were your mother, father, sister, brother or even one of your children that was murdered, tortured, taken from you before their time? Take a hard look at our society...there are needs to be an extreme repercussion to the actions of violent criminals. These people did not take into consideration if their actions were "cruel or unusual" when the CHOSE to commit the acts they did. Why should we as taxpayers be satisfied with paying for these criminals to have 3 hots and a cot for the rest of their lives? It is time for us as a society to send a collective message that violent actions against innocent people is not acceptable and will not be tolerate! "

 S wrote on February 8, 2008 3:38 pm:
" I totally think we need the electric chair. Sure it's cruel punishment but what about the cruel & unusally punishment the victiums go through. Do you think they deserved to be killed too. How about the 3 year old boy who was kidnapped, murdered and dismembered do you think he deserved to die?? His life was taken from him and what did he do wrong. Not a darn thing. Our world needs to wake up and see that criminals are taking over and all we do is give them a slap on the hand. The jails are full so they get out early and then they do it all over again. And who pays for it, us tax payers. But oh no lets not electric anybody even though they can do it to others. Wake up America! "

 Doug Kern wrote on February 8, 2008 3:40 pm:
" To demonstrate his belief in capital punishment the Governor should be on hand to throw the switch the next time the State of Nebraska carries out a death sentence. "

 Rich wrote on February 8, 2008 3:40 pm:
" I haven't read the court's opinion but I imagine the Supremes held that death by electric chair is unconstitional because it is cruel and unusual punishment. So Nebraska still has a death penality -- the state just has to find a different method that satifies constitional protection. More troubling with the Governor's position is reconciling his support of capital punishment and being a "Christian." Last I checked the Sixth Commandment does not have an asterisk allowing state sponsored killing. "

 Reader wrote on February 8, 2008 3:43 pm:
" Governor, maybe you should complain about the people who appointed the justices that made the decision that you do not like. "

 Ben wrote on February 8, 2008 3:45 pm:
" Maybe we should just go back to hanging the prisoners on death row. "

 SS wrote on February 8, 2008 3:57 pm:
" Judges are given too much leeway in their rulings. What ever fits their agenda is what gets done. "

 wow wrote on February 8, 2008 3:59 pm:
" We've executed four people in the past fifty years. It's a fantasy to think the death penalty is ANY kind of deterrent, and it's a complete waste of resources to spend five minutes debating the issue. Let's worry about the death penalty AFTER we figure out what to do with the thousands of addict-level meth offenders that are clogging up our courts and prisons. "

 No Oscar wrote on February 8, 2008 4:01 pm:
" Heineman is but an actor, a political pawn, strutting and fretting, “Full of sound and fury; Signifying nothing”. "

 db wrote on February 8, 2008 4:07 pm:
" Basic jurisdiction will tell one that this cannot go to SCOTUS if it is based solely upon the Nebraska Constitution. The U.S. Constitution gives the framework in which the states must comply. A state can choose to give more rights (or decide something is cruel and unusual that the U.S. Constitution may deem not so). "

 Fry Em wrote on February 8, 2008 4:09 pm:
" I'm proud of Gov. Heineman! Calling it as he see's it, unlike most of you. These judges are doing something they shouldn't be doing, and that is making laws. That is up to elected officials to do, not people that are appointed. Judges are supposed to make sure laws are upheld, not change them!

I voted for Gov Heineman and will do so again. I hope none of you are complaining about the government being to controlling. If you are quit, your advocating government overstepping their bounds by disagreeing with the governor! "

 Maureen wrote on February 8, 2008 4:15 pm:
" I'm appalled that Heinman is jealous he hasn't got the chance to pull the switch yet. "

 disagreewithjudge wrote on February 8, 2008 4:27 pm:
" hmmm, I don't think the people being executed were very "humane" or they wouldn't be on death row now would they? "

 clm wrote on February 8, 2008 4:37 pm:
" The electric chair is not anymore inhumane than what the men on deathrow are there for. Im pretty sure killing a child and chopping him up and feeding the child to his dogs is inhumane. But let THE STATE OF NEBRASKA see him live basically life in preson than to ever die for what he did. Dont forget about Norfolk bank robbers 3 of them on deathrow. Everyone wonders why taxes are so high It cost the state $130,000 a year per deathrow. think about that. That cruel and inhumane treatment!!! "

 Confused wrote on February 8, 2008 4:45 pm:
" Wait, I thought the Governor talked about himself as someone who promotes the culture of life? This does not compute! "

 Laura L. wrote on February 8, 2008 4:49 pm:
" Maybe we should just hang them on the steps of the capital and let everyone watch. If you agree on the death penalty then you should be willing to observe what it really is. Also, the death penalty is not a deterent and cost tax payers more money. I want life with no chance of parole. We are the only state using the chair, we need to get with the times. "

 Git-r-done wrote on February 8, 2008 5:04 pm:
" Ok, State Senators, let's get it done. Change the law for lethal injection and let the sentences be carried out. The victims didn't get a choice in their way of death, so it's too bad that these cry babies are getting their way here. Load them syringes and git-r-done!! "

 denise wrote on February 8, 2008 5:06 pm:
" The court made the right decision. They did not abolish the death penalty, instead they abolished a barbaric method of carrying out the death penalty. If the court really wanted to do the right thing - it would abolish the death penalty entirely. It's been proven over and over again to have NO effect on crime and has no place in a civil society. "

 Not God wrote on February 8, 2008 5:30 pm:
" Isn't up to God to decide who should die for their sins? AND by killing someone, aren't we eliminating their chance to be saved? God says "Vengance is MINE." Not yours and mine. "

 josh wrote on February 8, 2008 5:33 pm:
" Is this that big of a deal really? I can't beleive this made national news. It just goes to show how sensitive our country has become.

Liberals are throwing fits over this issue. And why? To make the final seconds of a terrible murderers life less painful?? If the justice system has decided to end someones life because that person took another life intentionally, how we put them to death should not be such a big deal. Our state has only put 3 people to death since 1960 and some of you people are flipping out over this. How about voicing your opinion over things that really matter in this state???? "

 Supreme Court Justice wrote on February 8, 2008 5:51 pm:
" The role of the Supreme Court is ultimately to interpret the constitutionality of Nebraska's laws.

The Supreme Court justices ruled that Nebraska had a law that was unconstitutional.

How is this not their role? "

 Phil wrote on February 8, 2008 6:03 pm:
" Well this is a great way for Sen. Chambers to go out now isn't it. The death penalty is wrong and finaly this state may relize it. "

 Duh! wrote on February 8, 2008 6:19 pm:
" The supreme court is a policy maker?

Heineman is great. What a smart, smart man...

.... "

 NENative wrote on February 8, 2008 6:35 pm:
" Just when I thought your guv couldn't possibly give me one more reason NOT to move back to Nebraska...

So let me get this straight. He can still kill people. He just can't kill them in as grisly a way as he wants to? And THAT'S worth this rant from him?

Hard to believe Gov. Osborne would have embarrassed the state the way you've been embarrassed today.

Nebraskans need to wake up and realize that as long as you keep electing leaders like this to speak for you to the rest of the nation, the harder it will be to compete for young talent in the new marketplace. Nebraska will die a slow, painful death. But apparently that's how the guv likes it.
"

 Sgt Slaughter wrote on February 8, 2008 6:58 pm:
" As we used to say in the Army...................

"Settle down,SIR" "

 wow... wrote on February 8, 2008 7:15 pm:
" "The supreme court is a policy maker?"

Thank you for catching that as well. Of COURSE the court is a policy maker! It is their job to decide what is and isn't against modern public policy. Putting someone in a chair and running electricity through their body until they die is AN OUTDATED METHOD OF EXECUTION. It now goes against public policy, even though 50 years ago it did not. Just like unmarried couples cohabitating 50 years ago was against public policy and today it is not. Understand? You would hope the governor of all people would understand the purpose of the state supreme court! "

 tbob wrote on February 8, 2008 7:31 pm:
" Why is it that whenever a court rules against a conservative ideal they declare that the judges have engaged in "Judicial Activism" but whenever they uphold a conservative law they are ruling fairly? Anyone else detect hypocrisy? If for some reason the legislature sends him a bill abolishing the death penalty and he vetoes it he will not only have cost the state a lot of money because they need to come up with more protocol and then more appeals for those on the row, but he will have again folded to unthinking conservatism that continues to fail us. "

 ukeca wrote on February 8, 2008 7:35 pm:
" I get a kick out of all the people who argue that the killer inflicted cruel and unusual punishment on the victim so the government should inflict cruel and unusual punishment on the killer. In other words, you agree that the method of execution violates the Constitution, but you want to do it anyway. What other parts of the Constitution do you want to ignore? The right to a jury trial? The right to counsel? The right to remain silent? How about we just let the cops decide guilt or innocence and execute them on the spot? Sadly, many of you will agree that this is a good idea. "

 john wrote on February 8, 2008 7:45 pm:
" If Gov. Dave can defend his position using any "christian" (that is a direct quote from Christ himself, not something from the old testament) value, then he can talk. If Dave can "undo" an execution that has taken place where the "executed" was later proved to be innocent then he can be "appauled", until then he should keep his "political vote weather vein lock stepping mouth" shut. The supreme court does not answer to gov. Dave, nor should it.

"

 RW wrote on February 8, 2008 9:11 pm:
" I'm appalled that Dave Heineman is still governor.

Why are pro-death penalty people so angry about this? We'll still be able to execute people, just not with the electric chair. How can you possibly have a problem with switching to a more humane method. Clearly, a civilized society shouldn't torture people to death, not even a criminal who is guilty of torture. I have yet to hear a rational explanation for why the electric chair is superior to lethal injection. Nebraska is the only state in the union to use the electric chair as its sole method of execution. I'm appalled by the inhumanity of Nebraskans. "

 DennyCrane wrote on February 8, 2008 9:53 pm:
" Death Penalty? What death penalty? Three executions since Charlie Starkweather isn't an effective deterrent. All this crap about cruel is nuts. People that want to jail these animals for life should get a clue. How many cruel murders have been committed in the last 48 years? How about some justice for the victims of homicide. I'm all for hanging or shooting or electrocution, anything to rid the world of those vermin. "

 Abbey wrote on February 8, 2008 10:10 pm:
" Iconoclast - I think you nailed it. I have lived in 3 other states and overseas and there does indeed exist a mean-spirited streak among people here to an extent I never experienced elsewhere. Negative, mean, and un-Christian are unfortunately adjectives that fit. And all of this among many "church-going" people, no doubt including the governor. To whom do these people pray? Certainly not to the Christ of the New Testament. Rich is correct - the sixth commandment stands alone - no asterisks, please. "

 Late O'Day wrote on February 8, 2008 10:24 pm:
" In other news, Heineman was also appalled by Child Labor Laws, the Emancipation Proclamation, Woman's Suffrage and activists judges injecting themselves into the Civil Rights debate by reinterpreting the time-honored "separate but equal" principle. "

 john wrote on February 8, 2008 11:55 pm:
" I'm no biblicle scholar, but there is a parable told by Christ. I think it may be the only one he ever bothered to explain.

It has to do with the master sowing "good" seed in a field. In the night an "enemy" sows "bad" seed in the field. Later the "servants" see the bad seed growing with the good and ask the "master" if they should pull the good seed out of the field. The "master" say's no, that if they pull the "bad" seed they may also pull the "good" seed along with it. Instead he says to wait until the harvest, and then they'll seperate the "bad" from the "good".

Jesus goes on to explain the parable. Pointing out that the "good" seed are the rightous, the "bad" seed are the wicked, the "servants" are the angels of God the "enemy" is satan, and the "Master" is God himself.

My problem with the death penalty has always been, that once carried out you can't undo it if you make a mistake. It seems to me that the parable I paraphrased afirms that. So as a Christian I feel justified in my position. And what's more I can only conclude that to support capital punishment one is at the very least claiming to be wiser than an angel of God. So unless one adhere's to the old testament ONLY, are Islamic, or an atheist I cannot respect their support for any kind of capital punishment.

One final post script. The crucifixion of Christ was a LEGAL execution for the crime of HERESY under Jewish law at the time.

I consider THAT a point made. "

 JT wrote on February 9, 2008 12:49 am:
" "Activist judges" is maybe the dumbest phrase in the language. They are co-equal part of the government. Find a more humane way to carry out the death penalty or don't do it at all. Life in prison is less expensive anyway. "

 ??? wrote on February 9, 2008 8:36 am:
" is it only judicial activism if you disagree with the result? "

 Dan wrote on February 9, 2008 9:06 am:
" Perhaps it would be nice if the Journal Star would do it's job and serve the people of Nebraska by printing the names and adresses of these judges for all to see. "

 Steve wrote on February 9, 2008 9:36 am:
" The death penalty could, and probably would, be a deterrent, if we didn't drag it out ten, fifteen, or even twenty-nine years as is the case with one of Nebraska's current death-row inmates. Swift and certain punishment is the only way to make it a deterrent. On the other hand, it doesn't matter if it is a deterrent or not. It will keep the convicted killers from doing it again and protect the rest of society from them. I don't care how much security they try to provide for other inmates or prison workers, they will still be at risk, and just as surely, some will be killed by prisoners serving life sentences without parole. Of course, there is always the chance of escape as well. It's not as though it hasn't happened before. I hope, if one of these murderers does escape and kills again, that the victim is one of those opposing the death penalty. "

 Typical Dave wrote on February 9, 2008 10:00 am:
" I’m glad that Governor Heineman has issued another stellar statement that exemplifies his sharp legal background & does nothing but push buttons of the ignorant voters of our state. They didn’t strike down the death penalty, just the method. We’re the only state that uses the electric chair, we must be right, it really deters criminals. Heavican, the conservative activist judge was appointed by Heineman. I guess if you’re appointed by Dave, you’re not an activist. Adopt lethal injection as the method before you lose the death penalty. What’s up with the electrocution bloodlust? He doesn’t take any action unless he thinks it will benefit him in future elections. You didn’t see him comment about an activist judge that let a pedophile off the hook because he was 5’2’’. I guess the height issue isn’t something he wants to bring up. He is the quintessential Republican Party soldier.
AIG, carpooling & appointing Loralee Bryd, wasting taxpayers money filing appeals trying to avoid giving state employees a pay raise, against standardized testing for home schooled students, “reorganizing”/tearing DHHS apart from the inside out while paying his appointed administrators/buddies six figures to do it and he wants to electrocute every death row inmate/jaywalker in the state.
I hope voters actually think before they vote for this POLITICAL PANDERER in the future.
"

 not surprised wrote on February 9, 2008 10:06 am:
" What a surprise that the party that supports torture is appalled that they can't legally use their favorite killing device any more.What kind of sick twisted human being would enjoy killing so much.
.
e "

 R. Ality Check wrote on February 9, 2008 11:21 am:
" Murder is cruel. It is an unusual and evil act that takes the life of another human being. What do these cruel and unusually evil murders deserve? The state must take whatever means is necessary to remove these murders from the living. Yes, execute them. Perhaps each murder's life could be taken in the same manner as they took the life of their victim. How could that be termed cruel and unusual? It would merely be creating a balanced approach. "

 Reality Check wrote on February 9, 2008 11:22 am:
" The court's elimination of the electric chair, she said, "was almost a foregone conclusion, given the modern world's standards of decency."

She obviously has not watched TV or paid any attention to any form of media for the last 15 years. Decency is loooong gone! The electric chair was quick, I mean we don't burn people at the stake anymore, do we? No, instead let's all rally around lethal injection. Just make sure you swab the arm with alcohol or you might give them an infection before they die and then all hell will break loose! "

 Anya wrote on February 9, 2008 11:49 am:
" I agree that the electric chair is disgusting. By all means, let's find a better way to execute these inmates. I am all for a firing squad. Just make sure it is publicized.
The point is not about "humane" ways to execute someone. The point is that victims' families should not have to live their lives knowing that the piece of crap who tortured and killed their loved one(s) is alive and gloating about it. "

 JPB wrote on February 9, 2008 12:12 pm:
" Using Amy Miller's logic, we shouldn't drink milk or have money or live in houses or use refrigerators. I guess the "modern world's standards of decency" consist of murdering a 3 year-old boy, dismembering his body, and providing his remains to a dog...gotta love the ACLU.
Women's suffrage, discrimination, child labor, and unions have NOTHING to do with capital punishment! "

 Josh wrote on February 9, 2008 12:36 pm:
" What is it with Republicans and "activist" judges? Just because you disagreed with a ruling doesn't mean they are "legislating". I wish Republicans would just go away - they are just big crybabies. "

 Heineman, the politician wrote on February 9, 2008 1:10 pm:
" The typical Heineman political front. Pandering to yet another group of people to sustain his political employment. The court has acted within it's role. The governor is trying to say this is policy making by the court. Rubbish! "

 Justin Flury wrote on February 9, 2008 3:52 pm:
" This recent ruling shows how much people in the US overlook true science. Many who didn't like electrocution say we should go to lethal injection(LI). Anyone who has read into LI can find that the chemical that is given to the inmates so they feel no pain is more often than not less than what is given to animals at a veterinary clinic. Which means, with a dose that's not suitable for a cat is given to the inmates. During LI, the third chemical given to them actually kills them. Imagine how it feels for your heart to stop and being unable to breathe. That is what inmates feel during LI. That doesn't sound much more humane than electrocution to me. If you want humane killings, use an overdoes of morphine. If you're looking for a method of execution as humane as LI, choose hanging or drowning. Plus, they're much cheaper. "

 T4acres wrote on February 9, 2008 6:33 pm:
" I have completely and utterly lost all respect for Governor Heineman as a result of his comments on this issue. He is entitled to support capital punishment, certainly - but to so miserably fail to comprehend and appreciate our system of government by showing such a lack of respect for the Court he makes one wonder if he it fit for office. Thank goodness for our courts, comprised of wise and experienced individuals who can protect us from elected officials. "

 what a joke wrote on February 9, 2008 10:13 pm:
" the nebraska supreme court made a truly terrible and decision in declaring the electric chair unconstituional. Unfortunately this country has a truly messed up justice system which seems to put more emphasis on the rights of the rapist's killer's and child molester's than those of the victims. simply put if you murder someone, you do not have what it takes to live in a society with others.... not even behind bars. the death penalty is a very neccesary tool and the supreme court truly set nebraska back this week. "

 hvac farmer wrote on February 10, 2008 12:17 am:
" Too darned bad that today's enthusiastic new Democrats were still only awakening when we had a chance to put a fair-minded smart Nebraskan behind that big desk a couple years back. "

 Wrong about LI wrote on February 10, 2008 4:14 am:
" The inmates shouldn't feel their heart stop and the inability to breathe, because one of the shots puts them to sleep called Sodium thiopental. Then they are given a paralyzing agent called Pancuronium bromide, also known as Pavulon, is a muscle relaxant that is given in a dose that stops breathing by paralyzing the diaphragm and lungs. Then there's the toxic agent, which stops the heart. "

 Slipping Backwards wrote on February 10, 2008 9:39 am:
" Nebraska has always been behind the times and perhaps the electric chair is a little out dated. But that doesn't mean we should go backwards! The electric chair gets the job done and should continue to be used until Ernie Chambers gets out of office, then we can look at lethal injection. Don't let these guys sit around here any longer than they have too. "

 Joe wrote on February 10, 2008 9:43 am:
" To all of the supporters of getting rid if the death penalty and just giving life without the possibility of parole, how about you applying for the corrections officers job of taking care of these people who might be thinking of a way to attack and kill the prison guard that has to watch over them? If they are in there for life and don't have to worry about the death penalty then that is something to worry about because those kind of inmates don't have anything else to lose. To answer your question, yes they could kill again, could also be someone in general population in jail for a lesser crime and it has happened before. "

 Lynn Martin wrote on February 10, 2008 10:41 am:
" Decency? Where was the decency for the victims when these Death Row inmates were doing their crimes? Plzzz, they did the crime now they can handel the punishment. They knew what they were doing and the consequences of their actions at the time. Maybe the chair does put them in a lil pain for a few seconds what about the pain the victims went through and it was more then a few seconds. What about the pain that the families are still going through with a lost of a loved one being murdered and never being able to touch them again. ACLU get a grip! These "beings" need to be put out of the misery and if its by the chair then so be it!
"

 Ron wrote on February 10, 2008 12:42 pm:
" Since 1973, more than 125 people have been released from death rows throughout the country due to evidence of their wrongful convictions. In 2003 alone, 10 innocent defendants were released from death row. Just get rid of it already!
"

 mike wrote on February 10, 2008 9:54 pm:
" just give them what they gave the people they killed. the same treatment "

 Marie wrote on February 10, 2008 10:17 pm:
" The people that get electrecuted deserve to be electrecuted because they are doing no good on this earth killing inocent human beings... the guilty killing people is sick, the electric chair does sound morbid but so is the sick-o's killing innocent people and children. they are sick and deserve to die. keep the electic chair "

 Logic?? wrote on February 10, 2008 10:36 pm:
" The people of this State never cease to amaze me. Individuals on death row killed others in horribly inhumane ways, so logically the State must lower itself to these killers’ level and execute them in the same way they murdered their victims. Every person that makes this argument should put their names in a hat to pick which of them gets to be executioner and rapes, tortures, mutilates & ends the life (while the Governor runs the camcorder) of the death row inmate when their day comes. And I forgot, once you execute a murderer the victims come back to life but if they get a life sentence they remain deceased.
And to the people who complain about paying to house these inmates, why are you complaining? If we executed more inmates, the Governor would just add the saved tax dollars into his $540 million surplus/rainy day fund that collects interest while we continue to pay high taxes on everything.
"

 a good republican wrote on February 10, 2008 11:01 pm:
" Yeah, right, where was the furor when it was thought that partial birth abortion was barbaric? libs seem to pick and choose their causes well. You disgust me! it is perfectly ok to MURDER a helpless baby, or a person who can't defend themselves, but let a cold-blooded murderer suffer is unthinkable! Has common sense took a coffee break?

BTW I would like to know when they get rid of O