Last updated on 2015.02.10
Four bills aimed at reducing or eliminating the use of the death penalty in South Dakota await our Legislature's attention:
- Senate Bill 121 would repeal the death penalty in all future cases.
- SB 122 would continge issuance of a death sentence on "a finding that the defendant is too dangerous to be incarcerated and is an ongoing danger to the public and the prison community."
- House Bill 1158 would require that evidence that the victim or victim's family opposed the death penalty be presented at the presentence hearing in any capital case.
- HB 1159 would create a database of citizens who would declare, "Should I die as a result of a violent crime, it is my wish that no person found guilty of homicide for my killing be subject to a death sentence." Citizens would register themselves in this database on their driver's license applications.
If you're looking for support for those bills, don't look to the six legislators who appeared at Aberdeen's crackerbarrel on Saturday. None committed to support any of those bills. The lone Democrat on the panel, District 1 Senator Jason Frerichs of Wilmot, hinted that he might support SB 122, the added sentencing guideline, since one of the sponsors, rookie Senator Arthur Rusch (R-17/Vermillion), sentenced Donald Moeller to death in 1997, but Sen. Frerichs only said he hopes SB 122 comes to the floor for debate. His comments make clear that even he believes we should kill some criminals.
Senator Brock Greenfield (R-2/Clark) said he can't find any Biblical reason not to kill criminals. His mom, Rep. Lana Greenfield (R-2/Doland) vaguely referenced Barabbas but said it's o.k. to kill criminals who brag about enjoying prison (no, really, that's the story she told!). Senator David Novstrup (R-3/Aberdeen) said he voted against last year's death penalty repeal but doesn't know how he'll vote this year. His dad, Rep. Al Novstrup (R-3/Aberdeen), misrepresented SB 122 as a ban on the death penalty, then invoked the Charlie Hebdo killings and the Chester Poage murder (for the record, Al, even I, who was outraged at the jihadis who killed the French cartoonists, would rather those killers had been put in prison, not killed) to justify his position "not that I support the death penalty, but I support the opportunity for the death penalty." Preferring clarity and brevity, Rep. Dan Kaiser (R-3/Aberdeen) said he'll vote against these bills.
Here are the full remarks. The speakers, in order, are Sen. Greenfield, Sen. Frerichs, Sen. Novstrup, Rep. Novstrup, Rep. Greenfield, and Rep. Kaiser.
Notice that three of the speakers—the Greenfields and the younger Novstrup—wrung their hands over the difficult, emotional nature of votes on the death penalty. Get a grip, Brock, Lana, and David. This is government, not Dr. Phil. We understand you face all sorts of hard decisions. That's what we pay you the big bucks to do.
Rep. Dan Kaiser is wrong, but I at least respect him for sparing us the emotional showing-off and simply stating his policy position. Similarly, Senator Frerichs is hedging, but he at least focused on a direct discussion of the policy, not his personal emotions.