| 00:00:38 | THE GOVERNOR BREAK TRADITION AND
IN A BIG WAY WITH HIS ANNUAL |
| 00:00:40 | STATE OF THE STATE SPEECH.
ODOT ITS THEY ARE OUT OF MONEY |
| 00:00:47 | PUTTING THE BRAKES ON
CONSTRUCTION. |
| 00:00:50 | THE JUSTICES ARE SPEAKING OUT
AGAINST THE LAW THEY HELPED TO |
| 00:00:55 | CREATE AGAINST THE DEATH
PENALTY. |
| 00:00:56 | ALL THIS WEEK ON "THE STATE OF
OHIO. |
| 00:00:58 | CAPTIONED BY THE
NATIONAL CAPTIONING INSTITUTE |
| 00:01:02 | --WWW.NCICAP.ORG--
>> KASICH DID THE ANNUAL SPEECH |
| 00:01:09 | ON THE ROAD DELIVERING A BEFORE
A JOINT SESSION OF THE HOUSE AND |
| 00:01:12 | SENATE.
THE ADDRESS IS SET FOR FEBRUARY |
| 00:01:17 | 7TH THAT WELD ACADEMY, THE
HIGHEST PERFORMING PUBLIC |
| 00:01:20 | ELEMENTARY SCHOOL.
IT IS IN AN AREA OF THE STATE |
| 00:01:25 | EXPERIENCING THE EFFECTS OF THE
NATURAL GAS BOOM. |
| 00:01:28 | IT IS NORMALLY HELD IN THE HOUSE
CHAMBERS MEANS 132 STATE |
| 00:01:34 | LAWMAKERS, CABINET MEMBERS COME
AND OTHER OFFICIALS WILL HAVE TO |
| 00:01:38 | TRIAL 130 MILES EAST.
ALONG WITH THE USUAL LOBBYISTS |
| 00:01:45 | AND REPORTERS, INCLUDING US.
YOU CAN FOLLOW IT ON PUBLIC |
| 00:01:48 | RADIO AND PUBLIC TELEVISION ON
FEBRUARY 7TH. |
| 00:01:50 | SOME OF THE STATE'S BIGGEST ROAD
CONSTRUCTION PROJECTS PUSHED |
| 00:01:55 | BACK FOR DECADES BECAUSE THE
OHIO DEPARTMENT OF |
| 00:01:58 | TRANSPORTATION IS OUT OF MONEY.
ODOT DIRECTORS SAID THIS WEEK |
| 00:02:04 | WHEN HE MENTIONED ON THIS SHOW
IN AUGUST AND RECENTLY IS THAT |
| 00:02:07 | THEY DO NOT HAVE THE MONEY TO
MEET THE DEMAND FOR DOZENS OF |
| 00:02:11 | BIG TICKET ROAD AND BRIDGE
PROJECTS ACROSS THE STATE. |
| 00:02:15 | BUT THEY BLAME RISING
CONSTRUCTION COSTS AND FALLING |
| 00:02:18 | TAX REVENUES.
HE SAID THE COUNCIL THAT |
| 00:02:21 | APPROVED THE CONSTRUCTION
PROJECTS HAVE BEEN OVER |
| 00:02:23 | PROMISING FOR AWHILE.
MAJOR WORK WILL BE DELAYED, |
| 00:02:27 | PERHAPS FOR DECADES.
THE SECOND HALF OF THE |
| 00:02:31 | INTERSTATE 90 BRIDGE PROJECT IN
THE CLEVELAND WILL BE DELAYED |
| 00:02:34 | UNTIL 2023.
IN COLUMBUS, PLANS TO WORK ON |
| 00:02:39 | THE 7071 INTERCHANGE WILL BE
PUSHED BACK UNTIL 2025. |
| 00:02:42 | OTHER PARTS WILL NOT START
UNTIL 2033. |
| 00:02:46 | IN THE SOUTHWEST OHIO,
INTERSTATE 75 AND 275 WILL |
| 00:02:52 | LIKELY START NO EARLIER THAN IN
2018. |
| 00:02:55 | THE LEADER OF THE SENATE ON THE
HEART BEAT BILL, WHICH WOULD |
| 00:03:00 | IMPOSE THE STRICTEST ABORTION
LIMITS, WILL RESUME AFTER |
| 00:03:06 | THE HOUSE PRIMARIES.
THEY WILL TAKE UP THE MEASURE |
| 00:03:10 | AFTER THE PRIMARY.
HE WOULD NOT FURTHER EXPLAIN HIS |
| 00:03:15 | DECISION.
THE MEASURE CLEARED THE HOUSE IN |
| 00:03:18 | JUNE BUT WAS STALLED AFTER THE
BACKERS OF THE BILL CAME FORWARD |
| 00:03:22 | WITH A LIST OF PROPOSED CHANGES
TO THE MEASURE. |
| 00:03:23 | SPEAKING OF THE HOUSE, LAWMAKERS
CAME FORWARD WITH THEIR PRIORITY |
| 00:03:28 | LIST FOR THIS YEAR.
THE MAJORITY CAUCUSES INCLUDES |
| 00:03:31 | BILLS ON WORKERS' COMPENSATION
AND SOMETHING CALLED JOBS OHIO |
| 00:03:39 | AND NUMBER TWO.
THERE ARE SUGGESTIONS THAT SOME |
| 00:03:46 | PART OF THE DEFEATED SENATE BILL
5 COULD COME BACK. |
| 00:03:49 | THIS COULD INCLUDE AN EXOTIC
ANIMAL BAND AND THE LEGISLATION |
| 00:03:54 | ON CASINOS.
THERE WAS NO MENTION OF SOCIAL |
| 00:03:58 | AND MORAL LEGISLATION ON ISSUES
SUCH AS ABORTION. |
| 00:04:01 | WE WILL HEAR MORE FROM THE
MINORITY LEADER ON NEXT WEEK'S |
| 00:04:06 | SHOW.
THE STATE IS DEFENDING THEIR THE |
| 00:04:08 | BILL -- LEGAL INJECTION
PROCEDURES AGAINST THE FEDERAL |
| 00:04:13 | COURT'S DECISION TO TEMPORARILY
HALT THAT AS AN EXECUTION |
| 00:04:16 | SCHEDULED FOR NEXT WEEK.
A JUDGE HAD BLOCKED THIS IN A |
| 00:04:23 | RULING THAT LASTED THIS STATE
FOR FAILING TO FOLLOW THEIR OWN |
| 00:04:28 | EXECUTION RULES.
MEANWHILE, ONE OF THE MOST LONG |
| 00:04:31 | STANDING JUSTICES HAS SPOKEN OUT
ABOUT THE DEATH PENALTY LAW. |
| 00:04:37 | HE HAS WRITTEN ABOUT HIS
CONCERNS ABOUT THE DEATH PENALTY |
| 00:04:43 | STATUTE AND LAST MONTH, HE TOLD
A HOUSE COMMITTEE THAT THE LAW'S |
| 00:04:46 | APPLICATION HAS BECOME HIT OR
MISS DEPENDING ON WHERE A CRIME |
| 00:04:51 | IS COMMITTED UNLESS THE COUNTY
PROSECUTOR'S COMMENTED ON IT. |
| 00:04:55 | HIS CHANGE OF HEART HAS CONFUSED
MANY PEOPLE ON BOTH SIDES. |
| 00:05:05 | I AM PLEASED TO WELCOME CHIEF
JUSTICE WITH US. |
| 00:05:14 | LET'S BACK TO 1981.
YOU HELPED TO WRITE AND CO- |
| 00:05:18 | SPONSORED THE DEATH PENALTY
LEGISLATION. |
| 00:05:20 | THE U.S. SUPREME COURT HAD RULED
IN 1972 THAT IT WAS |
| 00:05:30 | UNCONSTITUTIONAL.
WHAT WERE YOU TRYING TO |
| 00:05:35 | ACCOMPLISH WITH LOT?
-- WITH THE LAW? |
| 00:05:39 | >> THE OHIO STATUTE HAD BEEN
STRICKEN TWICE. |
| 00:05:44 | WE WERE BOTH HERE IN 1971 WHEN
WE TRIED IT FOR THE FIRST TIME. |
| 00:05:51 | THAT WAS PART OF A
COMPREHENSIVE REPORT LAWS THAT |
| 00:05:58 | DID NOT LAST VERY LONG AT ALL.
THE U.S. SUPREME COURT STRUCK |
| 00:06:03 | AGAIN SAYING IT WAS "OVERLY
BROAD." |
| 00:06:05 | WE WERE TRYING TO CRAFT A
STATUTE THAT WOULD NARROW LEAD |
| 00:06:11 | TAYLOR AND FOCUS ON THE SO-
CALLED WORST OF THE WORST KINDS |
| 00:06:16 | OF MURDERS.
WE THOUGHT WE HAD DONE THAT. |
| 00:06:20 | PART OF MY SURPRISE WHEN I
ARRIVED AT THE SUPREME COURT WAS |
| 00:06:27 | THAT THE PROSECUTORS WERE
CHARGING CASES THAT I DID NOT |
| 00:06:31 | THINK WOULD BE INCLUDED WHEN WE
WERE PROVIDING THE BILL. |
| 00:06:34 | OUR COURT HAD BEEN SOMEWHAT
ACCOMMODATING IN BROADENING THE |
| 00:06:42 | DEFINITIONS.
IT WOULD BE DIFFICULT TO ARGUE |
| 00:06:49 | THAT IT IS JUST AVAILABLE FOR
THE WORST OF THE WORST. |
| 00:06:53 | >> USE OF THE DEATH PENALTY IN
OHIO IS A DEATH LOTTERY? |
| 00:07:00 | >> I THINK THAT'S DESCRIBES WHAT
IS HAPPENING. |
| 00:07:04 | ONE RECENT EXAMPLE FOR MOST
PEOPLE IN CENTRAL OHIO WHERE |
| 00:07:13 | THERE IS AN EXAMPLE OF ONE CASE
WHERE THE DEATH PENALTY COULD |
| 00:07:18 | HAVE BEEN APPLIED UP IN MOUNT
VERNON WHERE A YOUNG MAN |
| 00:07:22 | COMMITTING A ROBBERY WAS
SURPRISED BY THE FAMILY COMING |
| 00:07:27 | HOME BBEFORE HE EXPECTED THEM.
THIS YOUNG MAN SAID SOONER OR |
| 00:07:37 | LATER THAT IT WOULD HAPPEN, SO
HE TOOK A KNIFE AND BRUTALLY |
| 00:07:44 | MURDERED THREE PEOPLE.
>> THEY FOUND THE BODIES IN |
| 00:07:48 | TREES?
THERE WERE YOUNG CHILDREN |
| 00:07:52 | INVOLVED.
>> A YOUNG GIRL WAS TAKEN |
| 00:07:55 | HOSTAGE AS WELL.
THIS IS THE CATEGORY IN WHICH |
| 00:08:00 | YOU WOULD CONSIDER "THE WORST OF
THE WORST." |
| 00:08:04 | THE PROSECUTOR DECIDED TO GO
FORWARD WITH LIFE WITHOUT THE |
| 00:08:08 | POSSIBILITY OF PAROLE.
I THINK THAT'S A WISE CHOICE. |
| 00:08:11 | I THINK THE COMMUNITY FELT THE
WAS A WISE CHOICE BECAUSE THAT |
| 00:08:16 | CASE WAS WRAPPED UP IN A COUPLE
OF MONTHS. |
| 00:08:18 | THE PERPETRATORS OF SERVING A
LIFE SENTENCE WITHOUT |
| 00:08:23 | POSSIBILITY OF PAROLE.
THE BIG CHANGE TO MEAN IS THAT |
| 00:08:30 | IN 1981 WHEN WE WERE WRITING
THIS, WE INCLUDED IT LIVE |
| 00:08:36 | WITHOUT THE POSSIBILITY OF
PAROLE. |
| 00:08:37 | THE HOUSE OBJECTED TO THAT AND
IN THE CONFERENCE COMMITTEE, |
| 00:08:42 | WHICH I CHAIRED, WE DEBT BALKED
AND THE HOUSE INSISTED THAT THEY |
| 00:08:47 | DID NOT WANT THAT AS AN OPTION.
EVEN FROM THE START, I FELT THE |
| 00:08:52 | STATUTE WAS DEFICIENT.
SUBSEQUENT TO THAT, THE |
| 00:08:57 | LEGISLATURE HAS MADE THAT A
CHOICE AND THEN EVENTUALLY MADE |
| 00:09:01 | A CHOICE, AND IT COULD BE THE
FIRST COME UP FOR A JURY. |
| 00:09:05 | THEY DO NOT HAVE TO GO IN THE
JURY ROOM WHEN DEALING WITH A |
| 00:09:09 | HEINOUS CRIME AND TAKE A VOTE
SAYING 12 OF US AGREED NOT TO |
| 00:09:16 | APPLY THE DEATH PENALTY.
THEY CAN LOOK AT IT AND SAY IT |
| 00:09:20 | SHOULD BE LIKE WITHOUT THE
POSSIBILITY OF PAROLE. |
| 00:09:22 | THE NUMBER OF THE CONVICTIONS IS
DROPPING THE WEIGHT OFF. |
| 00:09:27 | I USE THE NUMBER AND AN EXAMPLE,
BUT A LOT OF COUNTIES, THE |
| 00:09:34 | PROSECUTORS ARE OPTING NOT TO GO
FOR THE DEATH PENALTY AT ALL. |
| 00:09:38 | IN OTHER COUNTIES, THEY PROBABLY
SAY THAT EVERY CASE OUGHT TO BE |
| 00:09:46 | A DEATH PENALTY CASE AND HE IS
PROUD OF IT. |
| 00:09:48 | IT IS A GEOGRAPHICAL LOTTERY AT
THIS POINT AS TO WHERE YOU |
| 00:09:55 | COMMIT THE CRIME WHETHER OR NOT
HE WILL BE BROUGHT IN FRONT OF |
| 00:10:00 | THE JURY WITH THE POSSIBILITY OF
DEATH. |
| 00:10:03 | >> SOME PEOPLE ON DEATH ROW ARE
CONVICTED OF JUST ONE MURDER, |
| 00:10:10 | WHILE ONE IS NOT INSIGNIFICANT.
>> ONE IS BAD. |
| 00:10:15 | PEOPLE WHO GET DRAWN INTO THE
STATUTE HAVE ALL DONE |
| 00:10:18 | SENSELESS, HEINOUS CRIMES.
THE OTHER THING IS WITH THE 150 |
| 00:10:24 | OR SO PEOPLE WE HAVE ON DEATH
ROW, THE MAJORITY OF THEM WERE |
| 00:10:29 | PUT THERE WHEN LIFE WITHOUT THE
POSSIBILITY OF PAROLE WAS NOT AN |
| 00:10:35 | OPTION FOR THE JURY.
IT IS CERTAIN THAT IN FAIRNESS, |
| 00:10:46 | IF THEIR CASES WERE TRIED, THERE
IS A BETTER THAN EVEN CHANCE |
| 00:10:51 | THAT THEY WOULD HAVE BEEN GIVEN
LIFE WITHOUT THE CHANCE OF |
| 00:10:54 | PAROLE INSTEAD.
>> OHIO STARTED DOING THIS |
| 00:11:00 | AGAIN IN 1999.
ARE YOU CONCERNED THAT ANYONE |
| 00:11:03 | HAS BEEN EXECUTED THAT SHOULD
NOT HAVE BEEN? |
| 00:11:05 | OR IS MORE ALONG THE LINES THAT
THERE ARE PEOPLE IN THE PRISON |
| 00:11:09 | THAT MIGHT HAVE BEEN ELIGIBLE
WHO ARE NOT, PEOPLE ON DEATH ROW |
| 00:11:13 | WHO SHOULD NOT HAVE BEEN?
>> THAT IS PART OF IT. |
| 00:11:17 | I DID NOT KNOW IF ANY OF THOSE
INDIVIDUALS, THE WAY THAT THE |
| 00:11:22 | FORMER SUPERINTENDENT HAD A
CHANCE TO LOOK AT THIS AND HE |
| 00:11:25 | AND OTHER PRISON OFFICIALS HAVE
HAD A CHANCE TO DEAL WITH THESE |
| 00:11:30 | PEOPLE ON A DAILY BASIS AND SOME
OF THE PEOPLE WHO WERE NOT EVEN |
| 00:11:33 | IN FOR MURDER, THEN YOU MIGHT
WONDER IN TERMS OF GETTING THE |
| 00:11:40 | WORST OF THE WORST.
I CANNOT MAKE A JUDGMENT ABOUT |
| 00:11:47 | THAT, BUT CERTAINLY IT STILL
SEEMS HIT OR MISS. |
| 00:11:55 | IT PUTS AN AWESOME BURNHAM ON
THE GOVERNOR-- BURDEN ON THE |
| 00:12:02 | GOVERNOR, AND THIS IS THE IRONY.
JOHN KASICH WAS IN THE SENATE |
| 00:12:13 | WITH ME WHEN WE PASSED THIS.
I GUESS HE WAS A CO-SPONSOR. |
| 00:12:17 | OUR ATTORNEY GENERAL WAS ALSO A
STATE SENATOR AT THE TIME. |
| 00:12:22 | WE WERE ALL THERE AT THE START.
CERTAINLY, IF I WERE GOVERNOR |
| 00:12:33 | KASICH, I WOULD NOT BE
INTERESTED IN PUBLICLY |
| 00:12:38 | DISCUSSING THE PERSONAL TUG-OF-
WAR THAT GOES ON WITHIN AS YOU |
| 00:12:47 | HAVE TO LOOK AT EACH ONE.
I RAN FOR GOVERNOR A NUMBER OF |
| 00:12:54 | YEARS BEFORE.
JIM RHODES BURIED IN IN THE |
| 00:13:02 | PRIMARY.
AS A THOUGHT ABOUT BEGINNING A |
| 00:13:07 | PROCESS, I THOUGHT, "OH, MY
GOODNESS, IF I SUCCEED AT THIS, |
| 00:13:12 | WILL HAVE TO DEAL WITH THAT
RESPONSIBILITY?" |
| 00:13:15 | AS A SOCIETY, I THINK WE HAVE
MOVED DOWN AS WELL. |
| 00:13:20 | YOU SEE THIS HAPPENING IN OTHER
STATES. |
| 00:13:22 | AFTER MY TESTIMONY IN THE
GENERAL ASSEMBLY, I READ THAT |
| 00:13:29 | THERE WERE A NUMBER OF
EDITORIALS, AND IT IS NOT |
| 00:13:33 | SURPRISING.
IN PARTICULAR ONE CAME FROM |
| 00:13:44 | CHARLESTON WEST VIRGINIA, WHEN
THEY COMMANDED THE HIGH GROUND |
| 00:13:50 | COMPARED IT TO OHIO.
WE DO NOT THINK OF OUR NEIGHBORS |
| 00:13:52 | AS BEING BETTER THAN US, AND
THEY MAY BE BUT WE ARE NOT |
| 00:13:58 | WILLING TO ADMIT IT, BUT THEY DO
NOT HAVE THE DEATH PENALTY |
| 00:14:01 | THERE.
THEY WERE MAKING SOME |
| 00:14:06 | UNCOMPLIMENTARY OBSERVATIONS
THAT THE NEIGHBORING STATES ALL |
| 00:14:11 | AROUND US, SOME STILL HAVE BEEN
ON THE BOOKS BUT DO NOT USE IT. |
| 00:14:14 | ILLINOIS JUST REPEALED IT.
THERE IS A TREND OR MOVEMENT, I |
| 00:14:19 | THINK COME AWAY FROM THE DEATH
PENALTY AND I THINK AS PEOPLE |
| 00:14:23 | LOOK DATA, THEY ARE BEGINNING TO
REALIZE THAT LIFE IN PRISON IS |
| 00:14:29 | PROBABLY ENOUGH.
WHAT DOES IT SAY ABOUT US AS A |
| 00:14:32 | SOCIETY THAT WE CONTINUE THAT WE
NEED TO DO IT? |
| 00:14:37 | >> HE MENTIONED THE PEOPLE
MAKING SIMILAR COMMENTS. |
| 00:14:44 | DO YOU THINK YOU ARE SHOUTING
INTO THE WIND HERE? |
| 00:14:49 | >> ONE IT NEVER KNOWS.
IT WOULD NOT BE THE FIRST TIME |
| 00:14:54 | THAT I WOULD SHOUT IN THE WIND,
NOR WOULD I EXPECT THE LAST. |
| 00:14:58 | I DO NOT THINK SO.
I AM CONVINCED THAT ONE |
| 00:15:09 | GENERATION FROM NOW, WE WILL NOT
HAVE THE DEATH PENALTY IN OHIO. |
| 00:15:14 | COULD IT HAPPEN NEXT YEAR?
UNLIKELY. |
| 00:15:18 | WILL THAT HAPPEN FAIRLY SOON?
I THINK SO. |
| 00:15:22 | WE HAVE SEEN IT INCREMENTALLY
FROM THE U.S. SUPREME COURT. |
| 00:15:25 | NOT THAT LONG AGO, WHEN THEY
SAID STATES HAD TO STOP |
| 00:15:33 | EXECUTING PEOPLE WHO WERE
MENTALLY RETARDED, THEY LEFT IT |
| 00:15:37 | UP TO THE STATES TO FIGURE THAT
THERE WAS NOT A BRIGHT LINE FOR |
| 00:15:42 | DETERMINING THAT.
IT IS A TRICKY TEST TO DETERMINE |
| 00:15:47 | THAT.
WE HAD SOME PEOPLE ON DEATH ROW |
| 00:15:52 | THAT WERE REMOVED AS A RESULT OF
THAT. |
| 00:15:53 | >> THERE ARE A LOT OF PEOPLE WHO
HAVE ISSUES, MENTALLY RETARDED, |
| 00:15:58 | ALCOHOL OR DRUG ISSUES,
CERTAINLY VIOLENT UPBRINGINGS. |
| 00:16:02 | THERE ARE ALL SORTS OF ISSUES
THAT CAN CREATE. |
| 00:16:05 | >> THE NEXT THING THAT CAME OUT
TO SAY IT IS THAT NONE OF THEM |
| 00:16:11 | COULD BE A JUVENILE.
THAT WAS ACCEPTED PRETTY BADLY. |
| 00:16:14 | I WAS SURPRISED WE DID NOT THINK
ABOUT ELIMINATING THOSE |
| 00:16:21 | CATEGORIES WHEN WE ENACTED THE
STATUTE. |
| 00:16:25 | I DID NOT KNOW IF WE HAD MANY,
IF ANY, IN OHIO ON DEATH ROW |
| 00:16:30 | THAT FELL BELOW THOSE STANDARDS.
IN MUCH LARGER NUMBER OF PEOPLE |
| 00:16:39 | WHO HAVE COME AS YOU POINTED
OUT, PROFOUND MENTAL HEALTH |
| 00:16:42 | ISSUES, IT IS A TOUGH STANDARD.
IT IS A COMMON BELIEF BY THE |
| 00:16:48 | PUBLIC THAT GOOD LAWYERS AND
TRICKY LAWYERS GET PEOPLE OFF BY |
| 00:16:57 | REASON OF INSANITY.
IT IS A VERY HARD STANDARD. |
| 00:17:02 | THE TEST GOES BACK GENERATIONS,
I THINK TO ENGLAND. |
| 00:17:08 | YOU HAVE TO SHOW THE PERSON HAD
THE INABILITY TO DISTINGUISH |
| 00:17:14 | RIGHT FROM WRONG, VERY HARD TO
DO. |
| 00:17:17 | HOWEVER, -- CONSEQUENTLY, NOT
VERY MANY PEOPLE GET OFF ON A |
| 00:17:24 | PLEA OF NOT GUILTY BY REASON OF
INSANITY. |
| 00:17:26 | HOWEVER, MANY PEOPLE ON DEATH
ROW HAVE A PROFOUND MENTAL |
| 00:17:35 | HEALTH ISSUES THAT HAVE TROUBLED
THEM ALL THEIR LIVES, |
| 00:17:39 | SCHIZOPHRENIC, PSYCHOTIC.
>> THIS IS A STUNNING |
| 00:17:44 | TURNAROUND.
YOU CO-SPONSORED THIS LAW. |
| 00:17:48 | YOU NOW SEE IT APPLIED REGULARLY
AS A JUSTICE ON THE OHIO SUPREME |
| 00:17:52 | COURT.
YOU HAVE EVEN WRITTEN ABOUT |
| 00:17:57 | HELPING TO PASS THE LAW AND NOW
YOU ENFORCE IT. |
| 00:17:59 | NOW YOU TALK AGAINST IT.
IT SEEMS TO ME THAT IT IS SO |
| 00:18:03 | EXTRAORDINARY.
DID YOU EVER SEE THIS AS A RISKY |
| 00:18:06 | MOVE FOR YOU TO MAKE?
OR DID YOU FEEL THE NEED TO MAKE |
| 00:18:09 | IT?
>> I THINK AS I CAME TO THE |
| 00:18:13 | COURT, AND WHEN I WAS HELPING
TO WRITE THIS IN THE COMMITTEE |
| 00:18:20 | WHEN IT WENT THROUGH, I HAD A
VISION AROUND THE CORNER -- I |
| 00:18:26 | HAD NO VISION THAT I WOULD EVER
BE A SUPREME COURT JUSTICE. |
| 00:18:29 | IT WAS NO THOUGHT IN MY MIND.
HOW I GOT TO THE COURT IS AN |
| 00:18:35 | ENTIRELY DIFFERENT STORY, BUT
ONE DAY YOU WAKE UP AND YOU ARE |
| 00:18:39 | THERE ON THE SUPREME COURT.
THE NEXT DAY YOU'RE LOOKING AT |
| 00:18:44 | DEATH PENALTY CASES AND I WAS
QUICKLY SURPRISED AT THE |
| 00:18:46 | WILLINGNESS OF MY COLLEAGUES TO
BLESS CASES WHERE IT SEEMED, TO |
| 00:18:58 | ME, MORE MARGINAL IN TERMS OF
QUALIFY AS A DEATH PENALTY CASE. |
| 00:19:02 | THAT BEGAN MY THOUGHT PROCESS.
MOST IMPORTANTLY, AS THE |
| 00:19:09 | LEGISLATURE PUT IN THE LIGHT OF
THE POSSIBILITY OF PAROLE, WHEN |
| 00:19:16 | WE DID NOT HAVE A DEATH PENALTY
STATUTE, IT WAS LIFE WITHOUT |
| 00:19:21 | PAROLE AFTER 20 OR 30 YEARS AND
YOU HAD GOOD TIME LEFT. |
| 00:19:25 | ANYONE WHO WAS CONVICTED GOT
LIKE BEEN THEY COULD BE OUT IN |
| 00:19:34 | ABOUT 23 YEARS.
THAT WAS JUST UNACCEPTABLE. |
| 00:19:36 | THE STATUTE TODAY, LIFE IS LIFE.
THERE IS NO BACK DOOR OUT OF |
| 00:19:43 | THAT.
I THINK WITH A LARGE SEGMENT OF |
| 00:19:47 | THE PUBLIC, AS THEY THINK ABOUT
IT, AS THEY RECOGNIZE WHAT OUR |
| 00:19:57 | INSISTENCE ON EXECUTING PEOPLE
SAYS ABOUT US, NOT JUST THE |
| 00:20:04 | PEOPLE WHO COMMIT THESE HORRIBLE
ACTS, BUT WHAT DOES IT SAY ABOUT |
| 00:20:07 | US AS A SOCIETY?
MORE AND MORE PEOPLE ARE |
| 00:20:11 | QUESTIONING THAT, AS I HAVE.
FOR EXAMPLE, IN EUROPE, |
| 00:20:19 | COUNTRIES THAT WANT TO GET INTO
THE EUROPEAN UNION CANNOT GET IN |
| 00:20:23 | UNLESS THEY GET RID OF THE DEATH
PENALTY. |
| 00:20:24 | THAT IS A TRIP WIRE.
ALL OF EUROPE WITHIN THE EU IS |
| 00:20:32 | OUT.
THE COUNTRIES THAT ARE THE MOST |
| 00:20:34 | AGGRESSIVE ARE CHINA, SAUDI
ARABIA, AND A FEW OTHERS IN THE |
| 00:20:41 | MIDEAST IN TERMS OF USING THE
DEATH PENALTY. |
| 00:20:43 | >> DID YOU EVER WORRY THAT YOU
WOULD BE CONSIDERED A FLIP-FLOP |
| 00:20:48 | FOR OR THAT YOU'RE TRYING TO
LEGISLATE FROM THE BENCH? |
| 00:20:50 | >> CERTAINLY NOT LEGISLATE FROM
THE BENCH. |
| 00:20:56 | PEOPLE WHO USE THAT TERM, I
THINK, ARE PRETTY SMALL MINDED. |
| 00:21:02 | THEY DO NOT HAVE A GOOD
ARGUMENT AS TO WHAT THEY ARE |
| 00:21:07 | TALKING ABOUT.
THEY WILL COME UP WITH |
| 00:21:11 | PEJORATIVE TERMS LIKE THAT.
I THINK ANYONE IN PUBLIC LIFE |
| 00:21:19 | HAS TO BE OPEN TO RETHINKING
DECISIONS THAT YOU HAVE MADE. |
| 00:21:24 | TO ME, THE WORLD HAS CHANGED.
THE STATUTE HAS CHANGED. |
| 00:21:30 | TO ME, THAT IS THE MOST
IMPORTANT CONSIDERATION. |
| 00:21:34 | WE HAVE A LIFE SENTENCE THAT
DOES NOT INVOLVE DEATH IN THESE |
| 00:21:40 | CASES NOW.
I AM IN A UNIQUE POSITION TO |
| 00:21:46 | CALL ATTENTION TO THE FACT THAT
I THINK, AS A STATE, AS A |
| 00:21:52 | SOCIETY, WE NEED TO REEXAMINE
OUR POSITION INDIVIDUALLY AND AS |
| 00:22:00 | THE BODY POLITIC.
THAT PROCESS IS UNFOLDING. |
| 00:22:03 | I THINK IT WILL TAKE A LITTLE
WHILE. |
| 00:22:05 | I DO NOT THINK YOU REACT TO
POLLS, BUT SHORTLY AFTER I |
| 00:22:11 | TESTIFIED, THERE WAS A NATIONAL
SURVEY THAT IS APPARENTLY DONE |
| 00:22:17 | EVERY YEAR AND IT SHOWED AN
ENORMOUS DROP OFF IN THE NUMBER |
| 00:22:22 | OF EXECUTIONS.
ANOTHER INTERESTING ASPECT, AS |
| 00:22:28 | IT APPLIES TO OHIO, IS THAT WE
NOW HAVE ALL THESE PEOPLE WHO |
| 00:22:33 | SAT ON DEATH ROW FOR YEARS AND
THEIR APPEALS ARE NOW COMPLETED |
| 00:22:39 | AND WE ARE GETTING NOTICES FROM
PROSECUTORS THAT ALL FEDERAL AND |
| 00:22:43 | STATE APPEALS, SO THAT IT IS
TIME TO SET AN EXECUTION DATE. |
| 00:22:48 | WE DO THAT IN CONJUNCTION WITH
THE GOVERNOR'S OFFICE AND THE |
| 00:22:55 | ADMINISTRATION.
THE GOVERNOR'S ADMINISTRATION |
| 00:22:59 | HAS ASKED US NOT TO SET MORE
THAN ONE PER MONTH. |
| 00:23:01 | IF WE REALLY HAVE A FEELING THAT
THIS WAS A GREAT LOT AND WE |
| 00:23:07 | OUGHT TO EXECUTE ALL THE PEOPLE
THAT HAVE HAD ALL OF THEIR DUE |
| 00:23:11 | PROCESS WE COULD COME OVER THE
NEXT MONTH, ZEEXECUTE ONE PER DY |
| 00:23:23 | AND WE WOULD BE LEADING TEXAS
AND THE REST OF THE NATION. |
| 00:23:28 | WE DO NOT WANT TO DO THAT.
WE'RE SETTING DATES NOW TWO |
| 00:23:31 | YEARS OUT.
THE ONLY REASON THAT'S |
| 00:23:37 | HAPPENING IS BECAUSE PEOPLE
REALIZE THAT IF WE SAY WE LEAD |
| 00:23:42 | THE NATION AT THE RATE AT WHICH
WE ARE EXECUTING PEOPLE, AN |
| 00:23:47 | AWFUL LOT OF PEOPLE WILL BE
UNCOMFORTABLE. |
| 00:23:49 | >> FINALLY, ON THE FIRST
DELAYED EXECUTION OF 2012, THERE |
| 00:23:56 | IS A HARSHLY WORDED OPINION AND
IN WHICH HE BLASTS THE STATE |
| 00:24:05 | FOR NOT FOLLOWING ITS OWN RULES
ON THE PROCESS OF THE EXECUTION, |
| 00:24:11 | NOT NECESSARILY THE LAW, BUT ANY
COMMENT ON JUDGE FROST'S |
| 00:24:14 | OPINION?
>> I HAVE A HARSHER ATTITUDE |
| 00:24:19 | ABOUT THAT.
WHEN WE FIRST ENACTED THIS, THE |
| 00:24:29 | LEAD SPONSOR ON THE DEATH
PENALTY BROUGHT THROUGH A SENATE |
| 00:24:36 | SPONSORED BILL TO GO TO LEGAL
INJECTION. |
| 00:24:39 | I SAID WEAVER GOING TO HAVE THE
DEATH PENALTY, THAT IT OUGHT TO |
| 00:24:43 | BES DREADED AND AWFUL AS WE CAN
POSSIBLY MAKE IT, SO WE SHOULD |
| 00:24:54 | KEEP THE ELECTRIC CHAIR.
I DO NOT THINK THE U.S. SUPREME |
| 00:24:56 | COURT TODAY WILL LET US KEEP THE
ELECTRIC CHAIR. |
| 00:25:02 | I DO NOT THINK THE PEOPLE OF
OHIO WOULD BE COMFORTABLE WITH |
| 00:25:06 | THAT.
WE WOULD ALL AGREE WITH JUDGE |
| 00:25:07 | FROST THAT IT OUGHT TO BE DONE
IN AS HUMANE A WAY AS POSSIBLE. |
| 00:25:13 | BUT IF THAT IS WHAT YOU THINK,
THEN WHY SHOULD WE DO IT AT ALL? |
Note : Transcripts are compiled from uncorrected captions
