Conference call on mental illness and the death penalty
November 21, 2008
Participants/affiliations/brief introductions:
¢ Kristin Parks, working on disability rights in NC, got a grant from a foundation to
work specifically on death penalty/mental illness bill
¢ Deby Dihoff, NAMI NC
e Jim Ellis, UNM law school, argued Atkins case
e Renny Cushing, Murder Victims’ Families for Human Rights (MVFHR)
e Susannah Sheffer, MVFHR
¢ David Kaczynski, NYers for Alternatives to the Death Penalty
¢ Ron Tabak, ABA Task Force on mental disability and the death penalty
¢ Stacey Rector, Tennessee Coalition to Abolish State Killing (TCASK)
e Pam McConey, NAMI-IN
e Kathy Bayes, NAMI-IN
¢ Dixie Gambell, NAMI TN, sitting in for Sita Diehl (also: has made films on MI
and DP)
¢ Judy Storandt, Nat’! Disability Rights Network
¢ Ron Honberg, NAMI national
¢ Chris Hill, ACLU capital punishment project
¢ Cassy Stubbs, ACLU capital punishment project
¢ Paula Sites, IN public defender council
e =Will McAuliffe — IN CASE — working on moratorium and also working with
NAML-IN on MI issue
¢ Pat Delahanty —- KY Coalition to Abolish the DP
Renny Cushing: Summary of MVFHR/NAMI “Prevention, Not Execution” project:
MVFHR and NAMI have joined forces to launch a project opposing the death penalty for
people with severe mental illness, from the perspective of family members of victims and
family members of the executed. Brought families together in San Antonio on October 3
for a private gathering and public press conference. Now working on a report that we’ ll
release at the NAMI conference next July. We know there is legislation pending or about
to be introduced in four states, and we convened this call to strengthen the network
among people working in those states and working on the national level, and to talk about
what our project can contribute to these efforts.
Reports from the states:
IN — Paula Sites: Two years ago we had a bill based on ABA task force
recommendations. Got a hearing in the Senate Committee, didn’t go to a final vote. We
didn’t want it to be voted down. Summer ’07, bipartisan interim study commission was
formed, called the Bowser Commission, Ron H. and others testified before them. They
began with the ABA recommendations and amended it to limit the exception to persons
suffering form one of five major disorders. I vetted that with Ron and others. It wasn’t
ideal but members of the committee thought it might be passable. Also had qualifications
for doctors performing the evaluation. Introduced last year by Senator Tallian, a
Democrat. Did not get a hearing. Hoping to get it introduced this year, looking for
Republican sponsors. Chair of mental health commission may be our best bet. Also
working with NAMI to do grassroots vote counting, contact legislators and ask their
position on the bill. We don’t believe we have the votes yet, and we’re going to be
careful not to get a hearing without votes. Legislative session begins in January
We have a Republican Senator Brent Steele, who is Chair of Courts and Criminal Codes
Committee. Supports bill but not willing to sponsor it. Said we could have a hearing.
It’s possible to have a hearing without a vote. Senate is heavily Republican, so we need
Republican sponsors there. House is narrowly Democratic.
KY — Pat Delahanty: We have bill text drafted, Ron T and Jim Ellis have seen draft and
helped to refine it. It doesn’t do everything — doesn’t clear up those already on death row
— but it faces the political reality and does the main thing we want to do. I’m looking for
a conservative pro-DP Democrat in the house to put it in. We’ve got some people in
mind. If we can’t find that type of person, we’ll find someone else. Having a big
leadership battle on the House side right now, that’ ll determine who gets committee
chairmanships. Might affect us in some way — won’t know until January. NAMI-KY
board has endorsed the bill. About to execute a mentally ill person here — tonight! —
we're trying to make the Governor so uncomfortable with this execution that he will want
not to have to face this again. With the right chairman we could easily get a hearing.
Short session, not under the illusion we’ll pass it this time, but good opportunity for
doing some education and organizing. KY Coalition to Abolish the DP will stay in the
background, want to promote this as a mental health issue, not a DP issue. But in the
meantime we’re about to hire a full-time staff person, so we'll have someone avail to do
the education necessary. Also gotten a grant from the local ACLU for education on the
DP, can dedicate some of that to this.
NC - Deby Dihoff & Kris Parks: Leadership on this legislation came from Ellie Kinnaird,
a senior Senator, so we start off with that support. Looking to MR legislation, which
passed in 2001, as a precedent. Studying lists of who voted for what. We have a
coalition for persons disabled by mental illness that has taken this on. Gone through a
thoughtful process, sent bill phrasing to Ron for comment. Now at stage of trying to
organize study commission hearings — study commission specifically on this bill. Have
tentative times in December or January, planning who will speak. Someone from the
Innocence project, Jim Ellis, Ron H, judge from Chapel Hill who is a former DA. Kris
has been able to develop Power Points, slide shows — working the grassroots. We’re
hopeful that we have a chance of getting bill introduced. 5 House members and 5 Senate
members on study commission. Using phrases like “capital procedure,” rather than
“eliminate the death penalty for people with mental illness.” We are trying to say it can
be tough on crime — it’s not NGRI, it’s not a way of acquitting them — maybe that will
help with conservative people.
The commission is not quite public yet.
(Renny—is there a central clearinghouse for sharing info on all this?
Ron T — no, and there should be. There is a listserv, though. But not yet a confidential
website.)
TN - Stacy Rector: Legislative study committee on DP has been meeting for the last
year. We’re hopeful that recommendation to exempt those with severe MI will come out
of this. Will have a tough road ahead. Legislature just shifted to Republican leadership
in both Houses. But TCASK in August hired an organizer focusing on law enforcement.
Has already met with several, speaking at sheriff’s conference, and most of them have
expressed support for exempting people with severe MI, so we’re hopeful that we can
organize that community. NAMI TN has had a seat on the study committee. TCASK has
to take a behind the scenes role, let it be a MI issue publicly. TN is in a huge fiscal crisis
so we’re going to be talking about how this will save money. This year we hope to get
some momentum going and see where we land. Trying to find a pro-dp Democrat to
sponsor bill.
Further discussion:
Dixie — have had some issues about the bill’s wording. Would be interested to see other
bills and how are they worded.
Strong agreement among the group that this must be presented as a mental health issue.
Same with Atkins — same strategy there
Jim — not realistic to have one single template for legislation. Must take into account
reality of given state, take other legislation and local issues into account.
Kathy Bayes — we can share our bill, it’s been hashed over by many people.
Pat — we can share our draft. Caution that it fits KY statute about having a hearing before
trial, just as we do for MR. Others wouldn’t necessarily need to stick with that.
Figure out a way to collect all these bills and share them? And maybe share other things,
supporting info, talking points, groups who have endorsed it, especially unusual suspects.
With such legislation, point is not that more people would get off (as in NGRD), but rather
than more people would get “guilty but mentally ill” — guilty but not death sentence.
Also some determinations would be made before trial, point would be that death sentence
would not be sought in the first place.
Federal update - Ron Tabak: Participated in forum moderated by Ginny Sloan of the
Constitution Project. Included some litigators and Senate and House Judiciary
Committee staff. Talking primarily about federal DP, opt-in provision of Patriot Act and
habeas corpus. But I did raise question of MI — said we hadn’t done sufficient public
education to ask people to adopt ABA guidelines into federal DP law, but was wondering
if anything else might be done. Reaction was twofold: possibly the subject could be
raised in the context of an oversight hearing, and noted that there will be less money for
law enforcement and we should meet in the context of the Appropriations Committee —
with Senator Mikulski’s staffer -- Mikulski is particularly interested in mental health and
the courts. Might include some discussion of this. This is not immediate, but maybe
down the road.
How “Prevention, Not Execution” project can help — Susannah Sheffer: We gathered in
San Antonio, and are now interviewing, family members of victims killed by persons
with severe MI, family members of persons with severe MI who have been executed, and
family members in which one member of the family with severe MI killed another
member of that same family. We have a lot of powerful material and can
¢ Work with you to organize a panel of victims who can testify at a hearing or
speak at a public education event
¢ Help to prepare written testimony
¢ Help to prepare brief educational materials for legislators and others — brief
statements from victims, with photos if we want to go that route — booklet,
handout, exhibit, many possibilities
Will be releasing the report next July and will do a presentation at the NAMI conference
in connection with the release.
Will discuss ways for this group to keep in touch. Plan to get in touch again in Janaury to
set up another call, also investigate web possibilities.
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