Judge: Ore. death row inmate can reject governor's reprive
SALEM, Ore. (AP) - An Oregon judge ruled Friday that a death-row inmate can reject a reprieve from the death penalty issued by the governor.
Senior Judge Timothy Alexander said convicted killer Gary Haugen is not required to accept clemency from Gov. John Kitzhaber. Last year, Haugen said he would voluntarily waive legal appeals that could delay his execution for years and fought to speed his punishment in protest of a criminal justice system that he says is broken.
But Kitzhaber, who opposes capital punishment, said no executions would occur while he is governor. Weeks before Haugen was scheduled to die by lethal injection, Kitzhaber issued an order preventing the execution for the rest of his time in office and said he hoped voters would decide to repeal the death penalty.
Kitzhaber spokeswoman Amy Wojcicki says the governor will likely appeal and is confident that his authority will ultimately be upheld
In his ruling, the judge said he agrees with many of Kitzhaber's concerns about the death penalty but that precedents from higher courts support Haugen's right to reject the governor's clemency.
Haugen was serving a life sentence for the 1981 murder of his former girlfriend's mother when he was sentenced to death for the 2003 killing of a fellow inmate.
Oregon has executed two people since voters reinstated the death penalty in 1984. Both of them, like Haugen, abandoned their appeals.
Senior Judge Timothy Alexander said convicted killer Gary Haugen is not required to accept clemency from Gov. John Kitzhaber. Last year, Haugen said he would voluntarily waive legal appeals that could delay his execution for years and fought to speed his punishment in protest of a criminal justice system that he says is broken.
But Kitzhaber, who opposes capital punishment, said no executions would occur while he is governor. Weeks before Haugen was scheduled to die by lethal injection, Kitzhaber issued an order preventing the execution for the rest of his time in office and said he hoped voters would decide to repeal the death penalty.
Kitzhaber spokeswoman Amy Wojcicki says the governor will likely appeal and is confident that his authority will ultimately be upheld
In his ruling, the judge said he agrees with many of Kitzhaber's concerns about the death penalty but that precedents from higher courts support Haugen's right to reject the governor's clemency.
Haugen was serving a life sentence for the 1981 murder of his former girlfriend's mother when he was sentenced to death for the 2003 killing of a fellow inmate.
Oregon has executed two people since voters reinstated the death penalty in 1984. Both of them, like Haugen, abandoned their appeals.
The governor should be impeached from office for failure to carry out his duty to the people that he serves.
So governor, any words about the murder victims of Oregon? Are you going to stay their deaths while you are at it?Â
This is what happens when government officials don't want to respect the rule of law and want to impose their ideals on the people they're suppose to serve. Elected officials are suppose to uphold the laws and procedures on the books. This governor should be removed from office since he can't do that.
I never thought I'd see this day. Pathetic. This country has problems when a person who is on death row does not want a reprive. This is proof that our elected leaders are on medication and not listening to the people.
Wow! A death row inmate complaining about a broken justice system for once. Sounds a little backwards.
Kinda humorous that a state that authorized the so-called "Death with Dignity" law would deny this guy his right to snuff himself...Whacky stuff you just can't make up.
 @Mr. Ad Rem That is Liberal Logic 101!
 @wynooheeman Why don't you  explain for us what this has to do with "liberal" logic.  Don't you ever get sick of being a toady for RWNJs?
While I am against the death penalty, I am also against a govenor using his power to get that which he can't get through the voters or the legislature!
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So....... If anyone on death row agrees to the verdict, they can't be killed? What a wonderfull world for criminals!
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We don't have enough free rides as it is? Hell, why don't we just do away with all laws? If punishment is 3 hots and a cot, cable tv and medical,, why should anyone not be a criminal?
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 @bobalouie Free ride? In case you missed the point, Haugen is planning on rejecting the reprieve handed to him from the Governor. Whatever his reasons, I'd think, from your rhetorical comments, that you'd be happy he is planning on being put to death.Â
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Instead, you make a completely irrational argument to "do away with all laws" - I'm willing to be you too no longer than the time it takes to post a new "comment" for you to think through the story.
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Every convicted felon that is sentenced to death has the right to appeal, and that right includes the right to appeal a Governor's order to stay the execution.Â
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And Haugen is right. The legal system is not a "fair" system by any stretch of the means. And even when people in the court system acts with integrity, the courts are tied up, creating lengthy trials and appeals processes that cost the taxpayers millions of dollars.
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I'm surprised you aren't thanking this guy for trying to put an end to it. Perhaps it is too late for Haugen to do anything called noble, but it is one less money consuming process for the courts.
If our politicians don't have the balls to execute convicted murders, who said they did it and want to be executed, then how in the world can they take on tougher issues like our economy, crime, etc? Gov. John Kitzhaber is a bleeding heart wuzzy if you ask me.
 @Magic 8 Ball Apparently you need a little more education as to the differences between the court system and "our politicians."  If you're upset about sentencing, how many times have you written your state legislators to express that?
 @Magic 8 Ball First, we're talking about 1 politician, not all politicians.You cannot lump all politicians into one class just because this Governor has a viewpoint against the death penalty.Â
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Second, the people of his state elected him. The death penalty issue is not an issue that gets overlooked when people are campaigning for office.Â
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Third, the death penalty is not the only option for these men and women who've committed crimes.
@Magic 8 Ball I'm sure the families of the people this guy has killed would feel differently than the Govenor.