Tuesday, October 13, 2009

Two Links

Friends of Dick Nethercut's have started a blog in his memory, which contains some good articles and links to more information about Dick's work against the death penalty and his extensive involvement with the Alternatives to Violence Project.

Also, as a follow-up to our posts on World Day Against the Death Penalty, here's a link to the European Union's declaration calling for worldwide abolition of the death penalty; there you can see that the EU also posted several other related documents on the occasion of World Day, including MVFHR's joint statement with the National Alliance on Mental Illness.

Friday, October 9, 2009

Two Calls to Action

The World Coalition Against the Death Penalty has designated October 10th “World Day Against the Death Penalty,” and the World Federation for Mental Health has designated October 10th “World Mental Health Day.”

Murder Victims’ Families for Human Rights and NAMI, the National Alliance on Mental Illness, have taken the occasion of these two intersecting “World Days” to issue the following statement:

Murder Victims’ Families for Human Rights
National Alliance on Mental Illness

Statement on World Day Against the Death Penalty
and World Mental Health Day
October 10, 2009


Today is a day of two calls to action: a call to end the death penalty and a call to make mental health treatment a global priority. As organizations who have come together to form the “Prevention, Not Execution” project, we bring these two calls together and declare that it is time to end the death penalty for people with mental illness.

This past year, Murder Victims’ Families for Human Rights and NAMI released a report called Double Tragedies: Victims Speak Out Against the Death Penalty for People with Severe Mental Illness, giving voice to families throughout the United States whose lives have been forever changed by the intersection of murder, mental illness, and the death penalty. Two months later, Amnesty International issued a report titled Hanging by a thread: mental health and the death penalty in Japan, highlighting the Japanese government’s continued executions of mentally ill prisoners.

The death penalty is inappropriate for people with severe mental disorders. On this day of two intersecting worldwide calls for change, we urge prevention of violence, through effective and accessible mental health treatment, rather than executions.

World Day Against the Death Penalty

October 10th is World Day Against the Death Penalty. Here is MVFHR's statement; do check out the link above for efforts and activities around the world.


Murder Victims' Families for Human Rights
Statement on World Day Against the Death Penalty
October 10, 2009


Murder Victims’ Families for Human Rights is an organization of family members of homicide victims and family members of people who have been executed. As survivors with a direct stake in the death penalty debate, and as people who believe in the value of basic human rights principles, we join today in the call for a worldwide moratorium on executions.

The most basic of human rights, the right to life, is violated both by homicide and by execution. We call today for a consistent human rights ethic in response to violence: let us not respond to one human rights violation with another human rights violation. Let us recognize that justice for victims is not achieved by taking another life.

The Universal Declaration of Human Rights was inspired by victims, demanded by victims. It grew out of the suffering of millions of civilians murdered under the brutal regimes of the Second World War, and its adoption on December 10, 1948 was a way to honor the loss of those lives by asserting that such violations are neither moral nor permissible under any nation or regime.

Now, over sixty years later, let us recognize that violations of human life in the form of the death penalty should not be permissible under any nation or regime. We call for abolition of the death penalty because the only way to uphold human rights is to uphold them in all cases, universally.

Death Penalty Push in New Hampshire

From today's Nashua (NH) Telegraph:

Murder pushes death penalty to fore

The random, shocking murder of Kimberly Cates in Mont Vernon already has some lawmakers working on a renewed push to expand the state’s death penalty.

Rep. Bill O’Brien, R-Mont Vernon, said he intends to propose legislation in early 2010 to have capital punishment apply to certain, heinous murders beyond ones the state law covers.

“I am sensitive to the argument of the other side about brutalizing society, but I think there are killings right now that call for the death penalty where that ultimate punishment is not an option,” said O’Brien whose House district also includes Lyndeborough, Wilton, Temple and New Boston.

The New Hampshire death penalty currently applies in the premeditated murder of a police officer, judge or court officer or for any victim when the act occurs in a prison or includes kidnapping, murder for hire, rape or major drug deal.

O’Brien said he’ll wait a few months before fine turning his proposal.

“You can’t say you surely would have prevented this, but there are some murders in which society should be able to say to a would-be offender that if you consider taking a life that way, you could forfeit your own,” O’Brien said.

Death penalty opponent Rep. Robert Cushing, D-Hampton, heads Cambridge, Mass., group Murder Victims Families for Human Rights. Cushing's father was shot to death in [1988] by an off-duty police officer.

“The death penalty will not bring that poor woman back, and it would not have prevented the murder from taking place,” Cushing said.


The slaying of Cates and the serious wounds inflicted on 11-year-old Jaimie Cates is of an inexplicable nature that has many in the public seeking to bring more punishment to bear on the actors, Cushing said.

“There are certain emblematic murders that take place that touch everyone’s heart and in this case reverberate far beyond Mont Vernon,” Cushing said. “People in small towns all over America wake up, learn of this and are traumatized by it, too.

“At times like these, we try to apply rational thought to an irrational world. There are still some things about my dad’s death that I can’t to this day get my mind around like what was going through the killer’s mind when he did this.”


The state has not executed anyone since 1939.


Read the rest of the article.

Wednesday, October 7, 2009

In Memoriam: Richard Nethercut

We are saddened to learn of the death of MVFHR member Richard Nethercut, who had been reported missing a couple of weeks ago. Yesterday we got the news of his death, and we want to take a few moments to remember him here.

Dick's daughter, Jaina, had been murdered in 1978, and Dick became an outspoken opponent of the death penalty. Here is part of the testimony he gave as part of an MVFHR panel speaking against reinstatement of the death penalty in Massachusetts in 2007:

As a murder victim family member, I oppose the reinstatement of the death penalty, which from my perspective will only add to the suffering of the victim’s family rather than lessen it. My daughter, Jaina Nethercut, was raped and murdered in a Seattle hotel on January 15, 1978 at age nineteen. … The rape and murder of a 19-year-old could carry the death penalty under this bill. This is the last thing my wife and I would have wanted because it would do violence to us and what we stand for to execute our daughter’s killer.

And here is an excerpt from the book Bone to Pick: Of Forgiveness, Reconciliation, Reparation, and Revenge, by Ellis Cose:

A thin, angular man in his seventies with dark, mostly receded hair and a gentle, earnest manner, Nethercut spends much of his time these days working with prisoners. It was a path he could not have foreseen while growing up in Wisconsin during the 1930s. After serving two years in the army during World War II, he earned a master's degree from the Fletcher School of Law and Diplomacy at Tufts University, and eventually ended up in Hong Kong, as a foreign service officer. In Shanghai in 1960, Nethercut and his wife, Lorraine, adopted a two-year-old girl of Russian descent.

Eight years later, Nethercut was assigned to the State Department's Washington headquarters. Their daughter, Eugenia-or Jaina, as they called her-had trouble adjusting to America. Nonetheless, she made it through high school and decided to go to Washington State University. But instead of focusing on her studies, Jaina began hanging out with a sleazy crowd. And in January 1978, she ended up in a welfare hotel in Seattle, apparently looking for marijuana.

She went to the room of a man she reportedly had met the previous night. The man, stoned out of his head, attacked her. She struggled. She managed to get out of the door; but she was dragged back in, raped, and strangled with a pair of stockings. It was Martin Luther King Jr.'s birthday. Jaina was nineteen years old.

The news left Nethercut angry, shocked, and struggling with feelings of powerlessness. He also felt a great deal of guilt. For Jaina's move out west seemed, at least in part, an attempt to distance herself from her family. She wasn't even using the family name, which, for Nethercut, was a source of shame.

Police captured the assailant immediately. And though Nethercut couldn't bear to go to the trial, he was happy the man was sentenced to life in prison. Still, Nethercut was unable to put the tragedy behind him. He was depressed, and his State Department career seemed stalled. Though only in his midfifties, he took early retirement two years after Jaina's death and moved to Concord, his wife's hometown, the place where his daughter was buried.

Shortly after the move, Nethercut felt an inexplicable desire to contact the man who had murdered his daughter. He wrote to the chaplain at the Washington State Penitentiary in Walla Walla, Washington. Weeks later the chaplain called as the murderer waited to get on the line. The conversation lasted roughly ten minutes. Nethercut scarcely remembers what was said. He does recall that the conversation was awkward. "We both danced around the issue. We were quite polite with each other. I wanted to learn more and I didn't learn more. . . . I couldn't understand what had happened." The man expressed regret and yet never acknowledged his crime, and certainly didn't provide the explanation and apology Nethercut so desperately craved. Nevertheless, Nethercut muttered words - insincere though they were - of forgiveness.

The men exchanged Christmas cards a few times; but there was no real relationship to maintain-and no release from the confusion and impotence Nethercut felt. For years, he bottled up his emotions: "I kept my daughter's death to myself. I suppressed it. I didn't go through an authentic grieving process." He blamed himself for being a bad father and wallowed in anger and guilt. Finally, he got psychiatric help for his depression; and he got more involved in the activities of his Congregationalist church.

At a religious retreat in 1986 Nethercut had an encounter that radically changed his life. A Catholic bishop suggested that he become part of a prison Bible fellowship program. The idea strongly appealed to Nethercut, who was searching for a way to fill "the hole in my soul . . . I really wanted to do something positive." Several years later, he got involved in the Alternatives to Violence Program, a two-and-a-half-day immersion experience that brings together prisoners and outsiders to role-play, confess, confide, empathize, and explore ideas about the causes-and cures-for violence. In one of those sessions Nethercut got a chance to role-play the part of the man who had murdered Jaina.

In the exercise, he went before the pretend parole board to make his case for freedom; and for the first time, he felt he understood some part of the man who had killed his daughter. It was unexpectedly empowering.

In 2001, at a national conference of the Alternatives to Violence Program, Nethercut met another man who had murdered a woman. That man, who was no longer in prison, had reached out to the family of the women he had killed; and the family had refused his apology. As the killer and Nethercut talked of their respective experiences, they realized they could help each other. Shortly thereafter they went through a ceremony with a victim-offender mediator. His new friend apologized for the murder and Nethercut accepted. The ritual served its purpose: "I no longer feel the need to hear directly from the man himself."

Nethercut's life has come to revolve around his volunteer work in prison-and in promoting prison reform and nonviolence. It is his way of honoring his daughter, of "giving a gift of significance to my daughter's life." He sees in many of the young prisoners and ex-offenders something of his daughter. "They are angry, alienated, at the same time . . . looking for love, acceptance." And he has come to realize, he says, voicing John Lewis's precise words, that everyone has "a spark of the divine."

Thoughts of the murderer-given parole after seventeen years despite his life sentence-no longer torment Nethercut, who has finally and totally forgiven the man. "Forgiveness is something you do for yourself," said Nethercut. "It releases you from a prison of your own making. You forgive the individual and move on. . . . Reconciliation is a step further. . . . That takes both sides."

Nethercut feels that he is a man transformed, and he is no longer depressed. "I feel more whole, more kind of at peace." Through his work, his faith, determination, and grace, he has turned a tragedy in his past into something about which he feels unequivocally positive.

Tuesday, October 6, 2009

The Essence of Human Rights

Thomas Hammarberg, Commissioner for Human Rights for the Council of Europe, issued this statement yesterday, "Abolition of Death Penalty is Necessary for Protecting Human Rights." Here's an excerpt:

Step by step the death penalty is being abolished. Most countries of the world have now stopped using this cruel, inhuman and degrading punishment: 94 states have decided on total abolition, 10 have abolished the penalty for all ordinary crimes and 35 others have not executed anyone for more than ten years. Europe is nowadays close to being a death penalty free zone. However, the abolitionist cause is not yet won.

The most populated countries in the world retain the death penalty: China, India, the United States and Indonesia. This means that the majority of the world’s people live in countries which continue to practice execution as punishment. In election campaigns in the United States, this is a taboo issue, and even the more progressive candidates refrain from raising it for fear of a backlash.

Politicians have problems in relating to public opinion on this issue also in other countries. The Russian Federation gave an undertaking when joining the Council of Europe 13 years ago to do away with the penalty. A moratorium was introduced but the Duma does not appear to be ready yet for a de jure abolition.

After the monstrous terrorist attack against the school in Beslan in September 2004, there were strong emotions in favour of executing the sole attacker who survived the disaster. However, the judicial authorities in Russia were loyal to the moratorium decision also in this extreme situation; the death sentence was transformed into life imprisonment.

Surveys of public opinion about the death penalty have usually shown a majority to be in favour of retaining this punishment. This has been the case particularly when a brutal and widely publicised murder has taken place.

However, opinion polls on this issue are not easy to interpret. There is a wide difference between asking for a gut reaction to brutal crime and soliciting a considered opinion about the ethics and principles relating to legalised State killing.

It is significant that there have been no widely-based demands for the re-introduction of the death penalty in European countries. Any such proposals are not coming from larger political parties.


And:

... it is not only a question of effective crime prevention, judicial certainty or prevention of discrimination; it is about the essence of human rights.

The Universal Declaration states that no one shall be subject to torture or to cruel, inhuman and degrading treatment or punishment. There have been attempts to find means of executing with little pain in order to make the process more “humane”. This has failed; there have been recent examples of prolonged suffering in the electric chair or when a person is injected with poison. Even if this could be avoided, it does not reduce the psychological pain when waiting for the execution. The death penalty is cruel, inhuman and degrading – and will always be so.

The key argument against the death penalty is that it violates the right to life. State killing is indeed the ultimate denial of human rights. That is why it is so essential that we continue to act for abolition.

The Council of Europe has been in the forefront in this effort. All member states have ratified Protocol 6 of the European Convention concerning abolition in peace time and the majority has also agreed to be bound by Protocol 13 regarding abolition in all circumstances (including in situations of war). Those remaining states should join.1

It should also be made clear that Belarus can only aspire to membership or even status as observer after it has abolished the death penalty. Governments in the United States and Japan should be reminded that their status as observer is questioned because of their position on this issue.

In the meantime the successful diplomatic initiatives in the United Nations should continue. A resolution was adopted with broad majority in the General Assembly in 2007 which recommended a global moratorium on the use of the death penalty. A similar resolution was agreed in 2008, again stressing that the moratorium should be established “with a view to abolishing the death penalty”.2

Our position on the death penalty indicates the kind of society we want to build. When the State itself kills a human being under its jurisdiction, it sends a message: it legitimises extreme violence. I am convinced that the death penalty has a brutalising effect in society. There is an element of “an eye for an eye” in each execution.

A civilised society should expose the fallacy behind the idea that the State can kill someone to make the point that killing is wrong.

Monday, October 5, 2009

One Mind at a Time

From a Connecticut news story, "Advocates Rally to Abolish the Death Penalty":

Not only is it not a deterrent, advocates like Rev. Walter Everett said it hinders the healing process.

“I realized that I could not heal as long as I sought vengeance,” Everett whose son was murdered in Bridgeport in 1987 said. He said telling his son’s killer “I forgive you” was the only thing that led to his healing.

“I’ve got to be honest. I didn’t feel good about it,” Everett said. “I didn’t like him at all.”

Now Everett and his son’s killer often speak together about the difference God made in both of their lives.

“To kill somebody to prove that its wrong to kill somebody doesn’t make any sense,” Everett said.

He said one of the most effective ways to change minds is to speak individually to legislators, changing one mind at a time.

Friday, October 2, 2009

She needed to start talking

From a news article, "Speakers Share Why They Oppose the Death Penalty":

Change the hearts and minds of everyday citizens about the death penalty and chances improve that Nebraska's legislators will eventually change their minds and vote to repeal the state's death penalty.

Jill Francke, state coordinator for Nebraskans Against the Death Penalty, said her organization is trying to talk to as many people as possible about the realities of the death penalty.

As part of that strategy, Francke accompanied two death penalty opponents, Miriam (Thimm) Kelle and Thomas Winslow, to Trinity United Methodist Church in Grand Island Thursday evening to tell people why they oppose the death penalty.

Francke said it is her theory that most people don't like to think at any length of time about the death penalty because the subject makes them uncomfortable. She said most people will say to themselves, "I support the death penalty," or "I'm against the death penalty," and then quickly get back to their everyday lives.

Francke said Kelle and Winslow have never had that option.

Kelle is the sister of James Thimm, who was brutally tortured and murdered by death row inmate Michael Ryan as part of the Rulo cult murders. Winslow is one of the "Beatrice 6," who spent 20 years in prison for a murder he did not commit.

Kelle and Winslow each talked separately about their own experiences, then answered questions from a small group of people who had gathered at the church to hear their presentations.

Kelle said Ryan's conviction and time on death row have split the family. She said she is in the minority who do not want to see Ryan executed, even though there is no doubt that he committed what she considers to be the most heinous murder in Nebraska history.

Kelle said that for a long time, she kept that minority opinion to herself. But she said she never felt comfortable with Ryan's death sentence and, for her own sake, she needed to start talking about her feelings.

She said she prayed over her decision.

After her talk, Kelle told The Independent that one thing that finally tipped her toward making her opposition to the death penalty known is when she learned how much money has been spent on trying to put Ryan to death.

"It's $2.43 million and it's not over with yet," she said. Kelle said that is more than enough money to have imprisoned Ryan for life without parole.

As a nurse, Kelle said, she thinks about the good that the remainder of that $2.43 million could have done, whether it be in the areas of violence prevention programs or other programs that could have beneficial effects for the state's residents.

Kelle said she believes the ongoing appeals process to put Ryan to death has created an open wound for many family members. She said she believes some family members may think their grief will be relieved when Ryan is put to death.

However, she said no execution date has ever been set for Ryan, who still has appeals pending. Kelle said she did not believe family members' grief will necessarily end even if Ryan is executed. She noted that her brother, James, will still be dead.


Kelle said she believes family members could start working on their grief issues earlier if Ryan was convicted and sentenced to life without parole. Now, family members are waiting for some climactic event to happen with Ryan's execution. She said some may not live to see that happen.

Tuesday, September 29, 2009

Powerful reading

Great to see that Michael Landauer, who maintains the Dallas Morning News's blog about the death penalty, posted yesterday about MVFHR's latest newsletter, with its feature on changing one's mind about the death penalty. He writes:

A lot of people opposed to the death penalty have stories of conversion, but none could possibly be more powerful than those who have been victimized by the crimes eligible for such a punishment. The family members of murder victims are often assumed to be of one mind on the death penalty. I know of no study that quantifies what percentage may be opposed, and I doubt we could ever really know, but the group Murder Victims' Families for Human Rights has asked some of its members to walk us through their own conversion stories. It's powerful reading.

Michael Landauer has also linked to one of our posts about families of the executed here.

Friday, September 25, 2009

Day of Remembrance

Murder Victims' Families for Human Rights
Statement on National Day of Remembrance for Murder Victims

Today is a National Day of Remembrance for Murder Victims. It is a day to hold the victims of murder in our hearts and minds not as statistics but as distinct individuals, each unlike any other. It is a day to acknowledge each homicide as a singular, incomparable tragedy and to recognize that each homicide is a theft of a unique, irreplaceable, deeply loved human life, representing a world of devastation for the victim’s surviving family and friends.

Today Murder Victims’ Families for Human Rights joins with other victims’ groups across the United States in honoring our loved ones’ lives and renewing our commitment to working toward a better world.