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From YouTube: 3/31/2021 - Assembly Committee on Judiciary
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A
C
E
C
B
C
A
A
Welcome
to
day
59
of
the
81st
session
of
the
nevada
legislature.
Before
we
get
started
with
today's
agenda,
I
just
want
to
go
over
some
quick
housekeeping
matters.
We
have
a
lot
of
guests
with
us
on
the
zoom
and
so
I'd
ask
you.
If
you
could
please
mute
yourself
when
you're,
not
speaking,
that'll
help
with
the
audio
feedback
and
then,
if
you
are
presenting
or
answering
questions
today,
if
you
could
remember
to
state
your
name
each
time
before
you
speak,
that
will
really
help
our
committee
secretaries
prepare
accurate
minutes
of
the
meeting.
A
We
do
expect
courtesy
and
respect
in
our
interactions
with
one
another.
Sometimes
we
disagree
on
policy
that
today's
bill
might
show
some
of
those
disagreements.
A
That
is
perfectly
okay,
but
we
need
to
make
sure
that
we're
being
respectful
of
one
another
of
the
legislative
institution
and,
most
importantly,
of
our
very
hard
working
staff
and
then
finally,
many
members
are
using
multiple
devices
to
access
this
virtual
meeting,
including
extra
desktops
laptops,
monitors,
ipads
iphones.
So
please
don't
see
it
as
a
sign
of
disrespect
if
members
appear
to
be
looking
away
during
the
meeting,
they're,
most
likely
accessing
notes
or
exhibits
or
looking
at
the
bills
online.
A
C
We
have
a
pretty
tight
schedule
here
and
I
want
to
make
sure
that
I
ensure
fairness
and
we
allow
every
support,
opposition
and
the
presentation,
as
well
as
questions
from
committee
members
to
go
through
in
an
efficient
and
fair
way.
So
I
do
have
for
some
pretty
strong
stop
times.
I
know
all
the
presenters
are
aware
of
that.
C
I
don't
have
a
problem
cutting
off
chair
yeager
if
he
starts
to
go
over
that
time,
and
I
know
that
he
is
prepared
for
that
as
well
again,
I
want
to
make
sure
that
we
are
able
to
get
to
as
many
callers
as
we
need
to
from
the
public,
as
well
as
have
a
ample
opportunity
for
our
members
to
ask
questions
so
with
that
it
is
806
and
we
will
begin
our
presentation
and
and
when
we
have
about
five
minutes
left
of
the
presentation,
I
will
give
you
a
kind
of
a
heads
up
chair
yeager,
so
your
presenters
can
wrap
up
as
well,
and
with
that
I
will
turn
it
over
to
you.
A
A
Assembly
bill
395
is
not
a
complex
bill.
It
eliminates
the
death
penalty
in
nevada
and
converts
all
existing
death
sentences
to
life
without
the
possibility
of
parole,
meaning
those
offenders
will
die
in
prison
because
in
nevada,
life
in
prison
means
just
that
life
in
prison.
This
morning's
hearing
is
not
going
to
be
an
easy
one.
Many
people
have
deeply
personal
feelings
about
the
death
penalty.
I
certainly
do
I'm
opposed
to
the
death
penalty
for
a
number
of
reasons,
many
of
which
you
will
hear
during
the
presentation
of
this
bill.
A
A
That
testimony
will
make
the
case
for
abolishing
the
death
penalty.
The
testimony
will
demonstrate
that
the
death
penalty
is
both
very
costly
and
ineffective
as
a
deterrent
you're,
going
to
hear
that
innocent
and
wrongfully
convicted
persons
have
been
sentenced
to
death
you're
going
to
hear
about
the
lengthy
litigation
involved
in
the
death
penalty
that
can
involve
further
trauma
for
the
family
members
of
victims
without
any
real
closure.
A
A
A
A
H
H
The
beginning
point
is
I'm
a
former
prosecutor
in
northern
nevada
and
was
a
member
of
the
original
major
violators
unit
responsible
at
that
time
for
the
high
profile
cases,
death
penalty
cases
and
homicide
cases
in
general,
the
from
1992
till
1998
may.
When
I
left
the
office,
my
primary
function
was
to
handle
all
of
the
murder
cases
as
well
as
I
did
all
the
capital
litigation.
H
H
I
I
was
in
support
of
the
death
penalty,
obviously
believed
in
it,
and
it
was
my
mission
as
part
of
my
responsibility
to
seek
justice
in
the
appropriate
cases
when
aggravating
circumstances
were
present
to
to
seek
it
if
appropriate.
I
want
to
talk
a
little
bit
about
that.
The
process-
and
I
am
here
today
in
support
of
ab395,
asking
that
nevada,
take
action
and
abolish
the
death
penalty
and
I'll
briefly
hit
those
moments.
As
I
understand,
I
have
three
minutes
and
then
I've
got
to
leave
I'm
in
the
middle
of
trial.
H
The
process
of
selecting
those
cases
for
the
death
penalty
is
inherently
flawed
and
when
I
say
that
I
can
only
speak
to
what
happened
during
my
time
frame
up
north.
I
can't
speak
to
what
happens
in
the
south,
but
I
could
tell
you
that
what
would
occur
would
be
a
staffing
of
the
facts
of
that
particular
case.
Among
those
prosecutors
with
the
most
experience
in
murder
cases
and
generally
the
d.a
or
sometimes
the
assistant
d.a,
would
sit
in
in
those
meetings.
H
Those
meetings
would
generally
only
last
somewhere
between
an
hour
to
two
hours
and
the
prosecutor,
who
was
assigned
the
case,
was
charged
with
presenting
the
facts,
the
aggravating
and
arguing,
if
they
elected
to
seek
the
death
penalty,
why
the
case
was
death
penalty
appropriate?
H
H
So,
in
the
end
of
the
day,
you
have
really
the
motivation
and
desire
and
will
of
that
single
assigned
prosecutor,
who
is
making
the
ultimate
call
to
seek
the
death
penalty.
That
prosecutor
wants
to
hard,
sell
the
facts
and
the
aggravators
and
minimize
those
things
that
are
important
mitigators
that
should
be
taken
into
account.
That
prosecutor
can
do
so.
There's
no
check
and
balance
on
that
individual
prosecutor's
decision.
H
I
understand
that,
but
in
the
end
of
the
day,
if
you
as
the
assigned
prosecutor
in
the
north,
wanted
to
seek
and
obtain
the
death
penalty,
you
could
present
your
case
in
the
light
most
favorable
in
that
staffing,
so
that
you
could
get
the
green
light
to
seek
it.
H
That
is
problematic
in
many
ways
there
are,
and,
of
course,
unfortunately,
I
had
experienced
firsthand
speaking
some
prosecutors
who
their
agendas,
their
personal
motives
and
their
reasoning
for
seeking
the
death
penalty
had
very
little
to
seeking
justice
and
other
reasons
whether
it
be
advancement,
prestige,
notoriety
or
just
the
general
reputation
of
being
a
hard-nosed
bulldog
prosecutor,
as
they
advanced
through
their
career.
H
So
the
process
of
it
in
and
of
itself
for
the
selection
and
when
you're
going
to
seek
the
death
penalty
is
arbitrary
and
in
fact,
there's
no
guidelines
on
that
process.
There's
no
rules
on
the
process,
that's
solely
at
the
discretion
of
each
individual
da's
office.
H
I
prosecuted
the
serial
killer
up
here.
Mr
dave
middleton,
for
example
that
case
my
investigator,
and
I
personally
interviewed
over
350
potential
witnesses.
I
called
over
a
hundred
witnesses
in
case
in
chief
called
over
19
experts
in
that
matter
and
obtained
two
death
sentences
as
a
result
of
the
two
homicides
here
that
the
serial
killer,
mr
middleton
did
that
case
took
me
out
of
practice
of
any
other
cases
for
a
substantial
period
of
time,
not
to
mention
the
cost
associated.
H
With
that
case,
I
think
the
final
bill
on
the
defense
side
cost
the
county
upwards
of
three
quarters
of
a
million
dollars
just
the
trial
fee
alone
for
the
defense
lawyers.
At
that
time
I
was
directed
to
follow
a
motion
to
challenge
those
fees,
and
I
felt
it
was
inappropriate
and
it
was
a
violation-
the
sixth
amendment.
H
So
I
didn't
I
didn't
file
that
motion,
but
that's
the
kind
of
commitment
at
the
trial
level
and,
of
course,
we
all
know
the
resources
that
it
takes
on
appeal
and
the
never-ending
appellate
and
post-conviction
process
just
too
too
much
resource
for
too
little
result.
H
The
reality
is,
most
of
these
offenders
are
going
to
die
in
prison,
not
by
way
of
the
death
penalty,
but
they're
gonna
go
through
the
process,
both
at
the
state
and
federal
level
of
review
and
appeal,
and
most
of
the
guys
that
I
put
on
death
row
and
they're
all
males
will
probably
outlive
me.
H
None
of
them
have
been
executed.
The
last
death
one.
I
believe
that
I
did
was
in
1997
and
I
don't
think
that
any
of
them
are
scheduled
to
die
anytime
soon.
So,
in
the
end,
it's
the
same
result
as
life
without
they
die
in
prison
and
it's
more
appropriate.
It's
simply
wrong
thinking,
and
I
know
when
you're
a
prosecutor,
you
believe
you're
doing
the
right
thing
and
your
heart
and
soul
is
in
it.
You
believe
in
it,
but
in
my
view,
it's
a
little
bit
of
an
enlightenment.
H
A
simple
analogy
is
this:
if
a
defendant
commits
the
crime
of
battery
with
with
a
deadly
weapon,
do
we
then
take
that
defendant
and
beat
him
with
a
deadly
weapon
as
punishment
or
if
a
defendant
commits
the
crime
of
sexual
assault?
Do
we
then
sodomize
and
rape
that
defendant
the
idea
that
retribution
is
an
appropriate
punishment
eye
for
an
eye,
death
or
death
is
barbaric.
H
It
makes
no
sense,
both
morally
ethically
and
legally,
it's
flat
wrong
thinking.
Lastly,
this
notion
that
there's
closure
is
an
illusory
promise
to
victims.
There
is
no
closure
on
a
capital
case.
In
fact,
it's
worse.
The
victims
are
re-victimized
every
single
time.
There's
some
appellate
move
on
behalf
of
the
defendant
or
there's
some
post-conviction
move,
whether
it
be
in
state
or
federal
level
that
these
cases
do
not
come
to
closure
and
the
reality
is.
H
There
would
be
much
more
closure
for
these
victims
if
they
could
have
peace
of
mind,
knowing
that
this
individual
is
life
without
and
life
without
means
that
that
they
will
die
in
prison
and
the
victims
can
move
on.
The
reality
is
last
time
I
checked
and
I
could
be
wrong,
but
I
believe
it
was
2006
since
anyone's
been
executed
in
nevada
and
generally,
the
only
time
people
are
executed
here
is
if
they
volunteer.
If
they
want
it,
it's
not
effective.
H
It's
too
costly
and
it's
an
illusion
on
behalf
of
victims
with
that
said,
I
thank
you
and
I
would
urge
this
committee
and
the
legislature
to
support
and
pass
ab395.
Thank
you.
I
I
won't
be
available
for
questions
unless
someone
had
them
now.
I
don't
know
if
that's
proper,
like
I
said
I
do
have
to
leave.
I've
got
a
nine
o'clock
trial
start.
Thank
you.
C
Thank
you
for
your
time.
Unfortunately,
we
do
have
to
get
to
the
next
presenter
chair
yeager,
who
do
you
have
next
to
present.
I
Good
morning,
madam
vice
chair,
my
name
is
scott
coffey.
I
am
an
attorney
with
the
clark
county
public
defender's
office.
I
have
been
there
for
25
years.
For
the
past
20
years,
I've
been
on
a
specialty
homicide
unit
that
handles
capital
cases.
It
is
one
of
three
such
designated
offices
in
clark
county
because
of
the
specialized
nature
of
the
death
penalty.
The
others
are
the
special
public
defender's
office.
It
was
created
specifically
to
handle
capital
cases,
they
have
250
qualified
attorneys,
which
is
a
specialized
training
and
requires
some
experience
in
the
office
of
appointed
counsel.
I
I
had
the
privilege
of
testifying
before
this
committee
in
2017,
and
at
that
point
I
said
that,
in
my
opinion,
the
death
penalty
was
broken.
It
was
broken
beyond
repair.
Nothing's
happened
in
the
intervening
four
years
to
change
my
mind
about
that.
I
want
to
walk
you
through
the
numbers
as
a
result
of
my
position
of
track
numbers
in
clark,
county
and
across
the
state
for
the
past
20
years.
So
I've
got
some
idea.
I
What
I'm
talking
about
when
I
say
the
system
is
broken
currently
right
now
we
have
62
pending
capital
cases,
including
reverse
penalty
phases
in
clark
county.
That
is
the
highest
per
capita
in
the
country
by
my
estimate,
and
there
are
more
than
3
000
counties
in
the
united
states.
So
we
are
number
one
out
of
3
000
in
terms
of
apple.
Absolute
terms
were
probably
in
the
I
know
where,
in
the
top,
five
were
probably
top
one
or
two,
those
62
cases
cost
five
hundred
thousand
dollars
more
than
a
typical
murder
case.
I
According
to
the
lcb,
those
are
their
numbers.
Some
people
might
disagree
with
the
numbers,
but
I
think
those
numbers
are
fairly
accurate
historically
over
the
last
10
years.
If
you
look
at
what's
happened
in
clark
county,
let's
talk
about
what
we
get
bang
for
the
buck.
We've
had
150
capital
cases
have
resolved
since
january.
1St
2010
of
those
100
have
pled.
We've
had
another
dozen
that
were
dismissed
by
motion
or
dismissal
of
some
sort
and
36
who
went
to
trial
of
the
36th
and
once
probably,
we've
had
16
capital
verdicts.
I
I
Since
the
mid
70s
we've
got
161
people
sentenced
to
death
row,
we've
had
12
executions,
11
of
those
people
have
volunteered
the
one
non-volunteer
was
a
man
named
richard
moran,
who
represented
himself
pled
guilty
and
had
some
severe
questions
that
went
all
the
way
to
the
united
states
supreme
court.
Concerning
his
competency.
The
point
is,
we
don't
execute
anybody
even
when
a
death
sentence
is
imposed,
but
the
money's
spent.
I
If
you
look
at
the
lcb
numbers
over
the
last
10
years,
we've
spent
75
million
dollars
to
place
those
11
men
on
their
own
and
they
are
more
likely
to
die
of
natural
causes
or
suicide
than
they
are
to
be
executed.
Even
if
they
volunteer,
you
can
take
a
look
at
cases
like
scott
dozier
that
made
the
me
made
the
media
recently
to
see
how
broken
the
system
is.
We
can't
execute
people
even
when
they're
asking
for
it
that's
problematic.
I
If
we
go
even
further
and
look
a
little
further
right
now,
we
don't
have
the
means
to
execute
people,
we
don't
have
any
drugs
on
hand.
We
haven't
had
execution
since
the
mid-seventies.
I
Recently
clark
county
had
a
case
in
the
media
because,
with
some
fairly
horrendous
facts-
and
I
suspect
the
district
attorney's
office
or
the
district
attorneys
that
are
testifying-
may
say
that
that
is
an
indication
that
we
have
to
have
the
death
penalty.
But
the
fact
is,
I
think
these
cases
that
are
in
the
media
are
an
indication,
the
failure
of
the
death
penalty.
I
The
only
reason
these
cases
are
in
the
news
after
20
years
is
because
the
death
penalty
is
on
the
table,
but
we
still
don't
have
much
of
an
opportunity
to
execute
any
of
these
people.
40
years
ago,
nevada
reinstated
death
penalty
a
little
bit
more
and
we've
not
done
anything
to
fix
it.
Justice
kennedy
once
said
I'll
tinker
no
more
with
the
machinery
of
death,
the
reason
that
he
said
that
is
because
the
system
can't
be
fixed.
I
We
tried
to
fix
it
with
the
aedpa
in
sorry
about
that
with
the
aedpa
in
the
federal
system
to
speed
up
the
speed
up
appeals
that
has
not
happened,
it's
foolish
to
think
that
we
can
fix
it
going
forward.
C
Thank
you,
mr
coffee,
and
thank
you
for
being
available
for
questions.
Chair
yeager,
who
is
your
next
presenter.
J
Sorry
I
had
to
get
myself
unmuted
good
morning
and
thank
you
all
for
allowing
me
the
opportunity
to
present
at
this
very
important
hearing.
As
many
of
you
know,
my
name
is
nancy
lemke.
I
am
a
lawyer
in
las
vegas
nevada
and
a
proud,
25-year
veteran
of
the
clark
county
public
defender's
office.
J
For
those
of
you
who
are
not
aware.
25
years
ago
I
represented
a
man
by
the
name
of
fred,
steese
fred
was
wrongfully
convicted
of
first-degree
murder
and,
as
a
result,
he
was
sentenced
to
life
in
prison.
He
languished
there
for
about
20
years
before
he
was
able
to
secure
his
release
and
obtain
a
full
pardon.
J
What
I
think
many
people
don't
know
about
fred's
case
is
that
it
was
originally
prosecuted
as
a
capital
murder
case
that
during
the
case,
while
the
prosecutors
were
withholding
evidence
that
ultimately
that
exculpated
him-
and
they
were
also
in
the
process
of
asking
a
jury
to
kill
him.
J
Mercifully,
after
he
was
convicted,
we
were
able
to
negotiate
his
sentence
to
life
without
the
possibility
of
parole,
so
he
was
able
to
actually
live
long
enough
to
obtain
the
relief
to
which
he
was
so
very
much
entitled
and
ultimately
walk
out
of
the
nevada
department
of
prisons.
What
I
would
tell
the
members
of
this
committee
is
that
what
I've
learned
in
25
years
of
doing
criminal
defense
work
is
that,
while
we
have
certainly
the
best
justice
system
in
the
world,
it
is
far
from
infallible.
J
You
know
it
is
comprised
of
humans
and
humans
make
mistakes.
They
make
poor
decisions,
they
make
errors
and
judgments,
and
that
includes
everybody
involved.
You
know,
beginning
with
law
enforcement,
moving
on
to
prosecutors,
defense
attorneys,
juries
and
judges,
and
that,
despite
our
best
efforts,
our
system
remains
imperfect
and,
to
the
extent
that
remains
a
truism.
J
Having
a
death
penalty
is
certainly
in
some
ways,
kind
of
a
dangerous
proposition
for
people
in
in
in
fred's
place,
who
go
through
the
system
and
fail
to
obtain
the
outcome
that
they
should
have
had
and
that
should
have
been
the
appropriate
result.
After
a
jury,
trial.
C
Thank
you,
miss
lemke.
It's
always
nice
to
see
you
as
well.
I
hope
retired
life
is
treating
you
well.
A
C
We
can
go
to
our
next
caller.
E
E
10
years
ago,
today,
so,
needless
to
say,
assemblyman
yeager,
yeah,
it's
pretty
emotional
and
whether
my
son's
killer,
brandon
j
hill
is
in
jail
for
life
or
on
death
penalty.
As
you
said,
there
is
no
closure,
it
doesn't
matter.
E
E
Sometimes
I
do
understand
the
the
emotional
trauma
that
is
imposed
on
a
victim
and
when
you
spend
the
millions
and
millions
and
millions
of
dollars
on
this
person,
that's
in
prison.
My
my
thoughts
are:
why
aren't
we
assisting
victims
more
than
giving
them
a
thousand
dollars
is
what
we
were
compensated
for.
Counseling
and
counseling
takes
a
little
bit
more
than
a
thousand
dollars
to
to
help
somebody
to
walk
through
such
a
difficult
journey
of
their
loved
one
being
traumatically,
killed,
brutally
murdered
in
in
several
different
ways.
E
So,
and
as
far
as
life
in
prison
and
you
die
in
prison
to
me-
that's
just
as
much
a
death
penalty
as
a
death
penalty,
and
I
know
that
it
cost
a
lot
less
money
and
this
isn't
just
about
cost.
This
was
from
for
my
family.
This
was
this
was
also
a
faith
decision
that
we
didn't
want.
Another
young
life
taken,
and
you
know
yeah
age
isn't
a
factor
when
it
comes
to
somebody.
E
You
know
brutally
killing
somebody
but
he's
a
young
man
that
had
you
know,
maybe
something
else
that
he
might
do
positive
in
prison
for
others
to
to
talk
to
others
about.
You
know
what
he
did
and
how
resentful
we
felt
and
that
maybe
he
was
sorry
for
what
he
did,
because
you
know
he
did
reach
out
to
me
and
and
thanked
me
for
forgiving
him
now
have
I
released
that.
Has
there
been
closure?
No,
there
is
no
closure
and
I
could
just
it.
You
know
it's
it's
not
about
my
it's
not
about
money.
E
Which,
after
you
know
the
last
10
years,
have
not
not
been
the
same?
You
know
my
family
is.
Was
you
know
half
my
family's
gone
now
that
died.
You
know
and
I
always
think
it
was
because
of
this
act
of
violence-
and
you
know
my
son
was
a
a
former
football
star
at
faith.
Lutheran
graduated,
you
know,
was
a
good
kid.
E
E
Maybe
you
know
that
we
could
compensate
that
the
families
that
maybe
lose
their
bread
winner
or
you
know,
families
like
me
that
have
other
children
that
need
counseling
and
the
other
thing
I
just
wanted
to
point
out
was
in
honoring
my
son.
E
I
have
helped
numerous
families
get
through
the
tragic
loss
of
a
loved
one.
You
know
mainly
young
kids,
whether
it
be,
however,
they
passed
away,
and
so
for
me,
that's
a
way
to
honor
my
child,
and
so
thank
you
for
allowing
me
to
speak.
Thank
you
that
you
know
this
process
of
the
death
penalty.
I
think
just
draws
on
families
that
have
to
sit
through
the
parole,
a
chance
of
parole
or
postponements,
and
all
that-
and
it's
just,
I
think
it's
just
too
much
on
a
family
to
have
to
handle.
C
Thank
you,
miss
porturo,
sorry,
I'm
sorry
for
your
loss
and
on
this
anniversary
of
his
death,
I'm
sure,
I'm
speaking
for
all
the
committee
members.
Our
hearts
are
with
you
chair
yeager.
Do
you
have
any
other
people
presenting.
A
There
are
still
a
few
others.
The
next
one
would
be
miss
heather
lynn,.
K
J
J
Imagine
if
you
can
this
scene
from
the
eyes
of
an
eight-year-old
girl
with
no
familiarity
of
the
state.
I
was
in
a
cage
with
dozens
of
armed
guards
surrounding
me.
They
didn't
smile
at
me.
One
led
me
to
a
chair
that
was
sitting
across
from
a
plexiglas
divider
with
telephones
on
both
ends
of
the
glass.
J
The
guard
told
me
I
would
have
30
minutes
to
talk
to
my
dad,
surrounded
by
very
serious
men
with
guns.
I
was
expecting
to
see
a
vicious
monster
in
front
of
me,
someone
who
was
almost
animalistic
after
all,
it's
easier
to
imagine
incarcerated
people
as
animals,
because
that
justification
leads
us
to
locking
them
in
cages,
but
I
didn't
see
a
monster
across
from
me.
I
saw
a
man
a
human
being,
my
dad.
J
J
J
J
J
J
I
wonder
if
at
that
moment
he
thought
of
more
fatherly
advice
he
wished.
He
could
have
told
me
before
he
was
killed.
We'll
never
know,
I'm
here
today
to
show
you
all
that
when
you
execute
someone
you're,
not
punishing
them,
you're
punishing
the
families
the
children
like
me
who
are
left
to
suffer
and
pick
up
the
pieces
of
our
shattered
lives.
J
C
Thank
you,
chair
yeager.
Can
we
go
to
our
next
presenter.
G
Thank
you
honorable
chair
vice
chair
and
the
members
of
the
assembly
judiciary
committee.
My
name
is
randy
fiedler
and
I
am
here
on
behalf
of
nevada
attorneys
for
criminal
justice.
I
am
a
criminal
defense
lawyer
who
represents
nevada
death
row
inmates
in
their
state
and
federal
post-conviction
proceedings.
I
will
briefly
discuss
the
reversal
rate
in
death
penalty
cases
and
the
appellate
process.
G
Our
current
process
was
created
in
the
1977
statute
that
was
passed
in
response
to
a
problem
identified
by
the
us
supreme
court,
namely
the
death
sentences
in
this
country
were
being
imposed
arbitrarily
or
because
of
race.
The
court
declared
the
death
penalty
unconstitutional
until
states
could
craft
better,
more
reliable
statutes
in
recognition
of
the
fact
that
death
is
different,
nevada
answered
this
call
in
1977
passing
a
statute
specifically
intended
to
end
racism
and
arbitrariness
and
application
of
its
death
penalty.
G
To
that
end,
there
are
a
number
of
procedural
protections,
including
a
robust
system
of
review.
After
conviction,
appeals
would
happen
automatically
and
after
the
appeal,
attorneys
would
be
appointed
for
post-conviction
proceedings
and
then,
after
state
review.
These
convictions
would
be
reviewed
in
federal
court,
where
two
congress
has
tried
to
improve
the
efficiency
and
reliability
of
review
with
the
anti-terrorism
and
effective
death
penalty
act
commonly
referred
to
as
the
edba.
G
G
If
you
receive
a
death
sentence
in
nevada
and
do
not
waive
your
appeals,
you
are
100
times
more
likely
to
have
your
sentence
reversed
than
to
have
it
executed.
This
undercuts
any
of
the
rationales
for
the
death
penalty.
A
sentence
with
such
a
low
chance
of
execution
cannot
deter.
These
reversals
suggest
we
are
not
giving
the
sentence
for
the
most
severe
offenses,
and
this
reversal
rate,
which
injects
incredible
unpredictability
into
the
appellate
process,
is
unhelpful
to
victim
survivors.
G
G
L
Thank
you
to
this
legislative
body
for
allowing
me
to
testify.
My
name
is
tyler
d
perry
and
I'm
an
assistant
professor
of
african
american
african
diaspora
studies
at
the
university
of
nevada,
las
vegas
commentaries
on
the
death
penalty
discuss
the
issue
from
many
angles,
be
they
economic,
political
or
practical.
L
Any
honest
assessment
of
the
death
penalty
statistics
should
cause
alarm
for
the
disparity
disparities.
It
exposes.
Investigative
journalism
by
the
marshall
project
revealed
that
a
large
share
of
those
who
faced
the
death
penalty,
experienced
mental
illness,
childhood
abuse
and
brain
injuries
at
some
point
prior
to
their
crime.
L
The
experience
of
trauma
and
the
lack
of
resources
to
support
underrepresented
and
marginalized
people
seeking
recovery
and
rehabilitation
is
one
of
the
invisible,
if
always
on
the
present
reasons,
for
committing
violent
crime.
The
statistics
are
relevant
here.
According
to
the
death
penalty,
information
center
among
those
executed
and
I'll
quote
more
than
one-third
had
suffered
a
brain
injury
or
had
an
intellectual
disability,
while
nearly
two
in
five
were
diagnosed
with
a
severe
mental
illness
and
almost
two-thirds
experienced
extensive
trauma
as
children.
L
systemic
racism
throughout
nevada
has
led
to
the
disproportionate
representation
of
african
americans
in
nevada's
cultural
system,
be
they
imprisoned
in
jail
on
probation
or
parole.
All
this
relates
to
the
embedded
anti-blackness
of
capital
punishment
and
the
state's
death
row.
Statistics
clearly
expose
the
problem
in
nevada,
37
percent
of
death
row
inmates
are
black,
though
african
americans
represent
nine
percent
of
the
population
on
a
national
level.
It
is
not
coincidental
that,
as
lynchings
waned
in
the
united
states
in
the
mid
20th
century,
capital
punishment
rose
in
prominence
and
disproportionately
impacted
black
men.
L
The
connection
was
so
obvious
to
many
african
americans
that
these
formalized
executions
were
nicknamed
legal
lynchings
in
which
they
detected
that
america's
vigilante
forms
of
anti-black
violence
were
replaced
with
state-approved
killings
of
black
people.
Institutions
like
the
equal
justice
initiative,
connect
the
death
penalty's
history
to
anti-black
racism,
citing
racial
bias,
both
inside
and
outside
the
courtroom.
L
The
arbitrary
nature
of
sentencing,
inadequate
counsel
representing
the
accused
and
the
prevalence
of
institutional
racism
and
community
divestment
in
the
areas
where
many
of
the
accused
come
of
age
expose
how
capital
punishment
actually
amplifies
systemic
racism
and
does
nothing
to
solve
it.
In
fact,
it
leads
many
to
distrust
the
system
even
more.
L
To
conclude,
I
hope
the
nevada
legislature
makes
the
correct
decision
to
abolish
the
death
penalty
and
establish
a
precedent
for
reforming
other
systems
that
further
disenfranchise
and
marginalize
vulnerable
populations
as
one
born
and
raised
in
las
vegas
and
watch,
his
oldest
daughter
enter
the
clark
county
school
district
next
academic
year.
The
same
district
I
graduated
from
nearly
20
years
ago.
I
hope
for
future
history
courses.
Note
that
in
2021,
nevada's
elected
representatives
made
the
correct
decision
in
abolishing
the
practice
forever.
Thank
you.
M
Well
folks,
thank
you
for
this
privilege
to
appear
before
the
assembly
judiciary
committee.
I've
been
a
lawyer
and
the
judge
for
51
years.
I
was
here
in
1970
when
they
had
the
death
penalty,
then
in
1976
it
was
reinstated.
M
I
can
tell
you
that
it's
not
an
equal
penalty.
The
death
penalty
is
not
equal
in
this
state,
because
rules
can't
afford
to
have
death
penalty
cases
washoe
once
in
a
while
has
a
death
penalty
case,
and
unfortunately,
we
have
plenty
of
death
penalty
cases
in
in
clark
county.
I
represented
a
man
in
1980.
M
In
fact
they
had
to
move
the
venue
to
douglas
county
because
it
was
a
high
profile
case
and
he's
been
on
death
row
for
41
years.
That's
older
than
that's
longer
than
some
of
you
are
alive.
I
had
another
fella
who
I
represented
when
I
was
the
when
I
was
the
special
public
defender
and
he's
been
on
death
row
for
23
years
and
he's
a
stroke
victim.
So
I
don't
know
what's
going
to
happen
him,
I
don't
know
if
you're
ever,
if
the
state
would
ever
kill
a
stroke
victim.
M
M
I
want
you
to
know
that
life
without
possibly
parole.
This
state
is
like
without
the
possibility
of
parole
as
a
defense
attorney
and
a
judge.
I
agree
that
there
are
some
people
that
just
cannot
be
in
society
and
that's
why
we
have
life
without
the
possibility
of
parole,
but
we
certainly
don't
need
a
death
penalty
in
this
state
being
here
for
51
years.
It's
time
you
take
action.
This
is
not
to
be
put
off.
M
I
was
so
impressed
with
all
the
speakers
so
far,
especially
the
young
lady,
whose
father
was
executed
and
the
the
lady
whose
son
was
was
killed.
This
shows
you
the
whole.
The
whole
value
of
of
death
penalty
has
gone
away.
It's
it
doesn't
make
sense,
not
all
the
states
have
it.
The
federal
government
at
the
end
of
the
trump
administration
did
do
some
executions
after
many
years.
Let's
be,
let's
be
progressive.
M
37
of
the
death
penalty.
People
are
african-american
that
doesn't
make
any
sense
when
there's
systematic
racism
in
this
country.
So
I
ask
you,
please
please,
let's
do
it.
I've
been
here
51
years,
I've
got
a
man
on
death
row
for
41
years,
another
one
on
for
23
years,
and
it's
time
did
you
take
action?
God
bless
all
of
you.
Please
stay
safe
and
take
action.
Don't
put
this
off
this
year.
2021
should
be
the
year
that
nevada
got
rid
of
the
definitely.
M
C
You
jesus
jerry
next
up.
I
think
we
have
cherry
jagger
who
do
we
have
next.
A
A
M
I
was
having
trouble
earlier
so
we
had
to
disconnect
from
the
host,
so
we
got
back
on.
Thank
you
very
much
everyone,
I'm
father,
chuck,
durante,
I'm
a
lifelong
resident
of
nevada
and
currently
rector
at
st
thomas
aquinas
cathedral
in
reno,
vicar,
general
of
the
diocese
of
reno,
and
I
chair
our
life,
peace
and
justice.
M
M
This
is
no
longer
the
case
and
to
use
it
as
a
pretense
of
protection
is
is
wrong
and
a
misuse
of
power
today,
it
also
can
permanently
remove
the
possibility
of
remorse
or
redemption,
as
ms
snedeker
noted
about
in
her
father's
case
as
well,
for
testimony
on
the
blatant
unfairness
in
the
application.
The
death
penalty
upon
the
poor
upon
people
of
color
those
factual
inequities
themselves
are
sufficient.
M
M
The
death
penalty
presumes
perfection
on
the
part
of
the
criminal
justice
system,
and
even
if
that
possibility
could
be
achieved,
the
sanctity
and
dignity
of
human
life
is
still
lost.
Ending
the
death
penalty
is
not
diminishing
a
tough
stance
on
against
violence
against
crime
or
taking
away
the
absolute
condemnation
of
murderous
acts.
M
On
the
contrary,
it
is
taking
and
teaching
a
higher
road
that
we
don't
turn
to
killing.
To
show
that
killing
is
wrong.
The
same
way
we
don't
beat,
or
torture
or
rape
a
person
who
has
done
those
horrific
acts,
as
we
heard
earlier,
mr
valoria
referenced
as
well.
It
dehumanizes
us
and
it
cannot
be
purified
on
a
gurney.
N
The
coalition
against
the
death
penalty
is
a
constantly
growing
group
of
individuals
and
organizations
opposed
to
capital
punishment.
For
a
multitude
of
reasons,
we
are
in
a
budget
crisis,
but
we
believe
that
now
is
the
time
to
end
the
death
penalty
in
nevada.
We
are
in
a
budget
crisis
and
the
death
penalty
is
enormously
expensive
while
delivering
no
result.
The
definition
of
government
waste
we
haven't
had
an
execution
in
15
years.
N
In
fact,
we
could
not
carry
out
an
execution
two
years
ago
due
to
the
drug
companies
prohibiting
the
use
of
their
medications
in
lethal
injection.
Any
effort
to
conduct
an
execution
now
will
no
doubt
result
in
considerable
litigation
regarding
the
lethal
drugs,
and
I
refer
you
to
the
exhibits
for
a
paper
about
this
issue.
N
N
N
Ending
the
death
penalty
now
recognizes
that
it's
past
time
to
correct
this
unfair
and
discriminatory
practice.
Public
opinion
has
shifted
in
the
past
few
years.
A
majority
of
nevadans
now
prefer
alternatives
to
the
death
penalty.
Only
36
percent
support
retaining
it
and
this
tracks
parallel
trends
in
national
public
opinion.
N
You
will
see
several
exhibits,
illustrating
this
shift
to
support
for
abolition,
including
recent
statewide
poll
results
and
a
sign-on
letter
with
58
organizations
and
community
leaders
in
nevada,
supporting
this
legislation.
I
appreciate
the
opportunity
to
convey
the
coalition
support
for
this
important
legislation.
This
is
the
right
time
to
end
nevada's,
costly,
ineffective,
unfair
and
inhumane
death
penalty.
N
C
You
sure
yeager
do
you
have
any
further
remarks,
or
would
you
like
to
move
to
questions.
A
Steve
yeager
for
the
record
just
want
to
thank
you
vice
chair
members
of
the
committee
for
letting
us
go.
I
know
we
went
a
little
bit
longer
than
expected,
but
we
would
be
ready
for
questions
and
would
just
ask
we'll
try
to
pick
one
person
to
answer
the
question,
so
we
can
get
through
as
many
as
possible.
C
Thank
you,
I.
I
would
definitely
appreciate
that
and
just
for
the
record,
we
are
at
45
minutes
final
time
for
the
presentation
of
this
bill.
Again,
I
would
echo
chair
yeager's
sentiment
to
the
speakers
and
allow
one
person
to
answer,
so
we
don't
have
a
round
robin
people
answering
every
single
question
from
our
members
and
with
that
I
will
start
with
assemblywoman
colin.
J
Presentation,
especially
those
of
you
who
have
personal
experience
with
this.
J
One
of
the
defense
attorneys,
and
I
I'm
not
sure
who
who
would
want
to
answer
it,
but
mr
valorio
had
gloria
sorry
had
had
testified
about.
J
Who
death
would
be
sought
on
on
their
case
and
that
there
was?
You
know.
J
Of
proper
vetting,
what
do
you
as
a
defense
attorney,
have
as
a
as
a
tool
against
that
to
deal
with
that
type?
Those
types
of
situations
in
defending
your
clients.
I
Scott
coughing
I've
been
designated
to
field
questions
been
a
vice
chair
and
assembly.
Woman
owen.
C
I
I
I'm
sorry,
yes,
I
apologize
scott
coffee.
What
we
have
to
combat
against
that
is
is
not
much
to
be
quite
honest,
but
what
we've
got?
I
suppose
long
term
is
the
appellate
process,
which
is
part
of
the
reason
we
see
these
cases
taking
20
30
years,
even
more,
we've
had
people
on
death
row
since
the
70s
that
are
still
there.
I
I
think
most
of
the
prosecutors
try
to
do
a
good
job,
but
I
can't
imagine
the
conversation
with
a
murder
victim's
family
telling
telling
them
that
their
loved
one
is
not
worth
the
death
penalty
of
the
death
penalty
is
out
there,
and
so
I
think
the
motivations
get
tangled
as
much
as
we
try
to
be
objective,
and
I
think
it's
it's
very
difficult
to
combat
that
the
truth
of
the
matter
is.
These
cases
are
in
the
media
and
people
like
the
notoriety,
the
defendants
and
sometimes
the
attorneys,
and
it's
problematic.
J
Thank
you
and
may
ask
a.
N
Second
question:
vice
chair:
go
ahead,
assemblywoman
calling.
J
Thank
you.
This
is
for
miss
hart.
You
mentioned
that
the
coalition
has
been
growing.
Can
can
you
give
us
numbers
like
how
many
members
between
the
coalition
and
all
the
member
groups,
the
coalition,
are
we
talking
about
and
how
has
the?
J
C
N
You
state
your
name
for
the
record.
Oh
I'm
sorry,
yes,
nancy
hart!
With
the
coalition
against
the
death
penalty,
assemblywoman
cohen,
the
the
shift
in
support
is
revealed
through
a
number
of
different
things.
I
I
hear
you
asking
about
numbers
within
the
coalition,
it's
and
and
also
with
membership
of
the
groups
that
are
part
of
the
coalition.
N
I
frankly
can't
answer
that
question,
because
we
have
members
from
organizational
members
from
churches
and
from
the
life,
peace
and
justice
commission
and
from
organizations
that
have
whole
memberships
and
I'm
not
familiar
with
the
membership
numbers
within
those.
I
know
that
we
have
thousands
of
followers
on
facebook
and
twitter
and
we
also
have
several
hundred
individuals
that
have
signed
the
petition,
that
is
in
the
exhibits.
N
We
have
close
close
to
a
thousand
people
on
our
email
list
and
those
are
just
some
numbers
that
represent
some
of
and
those
numbers
are
considerably
greater
than
they
were
four
years
ago.
When
we
were
having
this
hearing
it's
on
a
similar
bill.
I
don't
know
if
that
answers
your
question.
B
O
Thank
you,
madam
vice
chair.
I
appreciate
it.
I
think
this
question
may
be
for
the
chairman,
I'm
just
actually
anyone
could
answer
it,
I'm
a
little
confused
here.
We,
a
lot
has
been
made
here
about
the
process
itself
and
how
long
it
takes
before
a
death
penalty
is
carried
out,
etc,
and
what
I've
been,
what
I've
seen?
What
I've
read
a
lot
of
it
shows.
O
You
know
you
go
through
the
appeal
process,
which
is
probably
a
very
good
thing,
because
you
don't
want
an
innocent
person
being
put
to
death
and
then
also
there's
a
lot
of
court
cases,
mr
chairman,
and
usually
those
involve
cruel
and
unusual
punishment
and
from
what
I've
seen
and
what's
happened
here
in
nevada.
I
think
the
drug
companies
a
lot
of
them,
pulled
their
drugs
off
and
asked
us
not
to
use
them
for
death
penalty
cases
because
they're
afraid
of
lawsuits
as
well.
O
O
So
I'm
wondering
why
that's
not
cool
and
unusual,
yet
using
it
on
a
convicted
person
is
cruel
and
unusual
and
that
time
period,
even
the
people
that
plead
guilty
say
they
did
it
and
ask
for
the
death
penalty,
say
they
want
it.
Why
can't
we
use
that?
I
don't
it's
the
process
here
that
that
I'm
wondering
about
sir.
A
I
Assemblyman
wheeler
scott
coffey
for
the
record,
so
there
had
been
a
lot
of
eighth
amendment
litigation.
There's
a
case
called
glossip
that
came
down
to
the
united
states
supreme
court
about
five
years
ago,
which
removed
a
lot
of
the
cruel
unusual
litigation
regarding
the
drug
cocktails.
I
They
essentially
said
that
some
pain
is
expected
in
the
death
penalty
and
there
was
no
guarantee,
even
in
the
eighth
amendment,
that
it
need
not
be
that
it
need
not
be
painless,
but
there's
ongoing
litigation
about
other
things,
usually
the
effect
of
assistance
council
that
not
enough
has
been
going
on
with
the
defense.
The
defense
didn't
do
an
adequate
job
investigating.
Even
though
national
judicial
council
says
we
spent
1800
hours
as
defense
attorneys
on
average
on
a
capital
case,
as
opposed
to
about
400
on
a
non-capital
case.
I
That
is
usually
where
the
attack
is
now
and
mr
fiedler's
very
familiar
with
that.
A
lot
of
that
happens
in
federal
court.
O
G
I
apologize
randy
feedler
for
the
record.
I
I
think
we
need
to
distinguish
what
the
courts
are
doing
with
these
challenges
and
what
the
pharmaceutical
companies
are
doing.
I
think
the
pharmaceutical
companies
are,
you
know
they
might
be
worried
about
lawsuits,
but
I
think
they're
also
worried
about
the
public
portrayal
of
their
drugs
being
used
as
instruments
of
death
and
execution,
and
so
in
a
lot
of
cases.
These
are.
These
are
related
to
publicity
concerns.
G
I
obviously
I
I'm
not
familiar
with
the
the
other
bill
and
the
other
committee,
so
I
can't
speak
on
that,
but
I
think
what
mr
coffey
said
about
legal
challenges
to
the
protocols
is
accurate,
and
these
these
challenges
and
death
penalty
cases
are
not
just
eighth
amendment
challenges
to
the
lethal
injection
protocols.
There
are
also
challenges
to
the
effective
assistance
of
counsel,
their
challenges
to
prosecutorial
misconduct.
That
happens
during
these
these
cases,
and
so
it's
it's
not
just
the
one
legal
issue,
it's
kind
of
a
system
of
legal
issues
that
are
causing
this.
C
Assemblyman
wheeler,
you
might
want
to
reach
out
to
various
of
the
pharmaceutical
companies,
because
I
think
it
is
a
private
business.
They
are
choosing
not
to
want
to
have
their
drugs
administered
in
that
way.
So
you
might
want
to
reach
out
to
pharma.
O
J
K
I
Released
on
parole
for
life,
so
would
you
is
that
truthful
that
life?
Without
truthfully,
there
is
no
reprieve
from
that,
but
scott
coffey
for
the
record
assemblyman
o'neill
in
1995.
There
was
a
constitutional
amendment
that
changed
the
commutation
process
and
took
life
without
parole
of
commutation
eligibility.
People
would
still
have
appeals
available.
God
forbid,
we
put
an
innocent
person
in
prison,
one
life
without
sentence,
and
we
find
somebody
else
on
video
doing
the
crime.
I
C
Next,
we
have
assemblywoman
bilberry
axelrod.
J
Thank
you,
madam
vice
chair,
and
thank
everyone
who
testified
today
and
you
know
especially.
I
know
we've
said
that
before,
but
for
those
of
you
who
were
impacted
by
this
personally,
thank
you
for
being
here
and
thank
you
for
your
courage.
J
My
question
is
about
the
appellate
process
and
the
procedures
I
the
year
mentioned
was
1977
that
we
put
those
appel
processes
in
place.
I
believe,
if
you
could
just
sort
of
walk
me
through
that,
like
what
does
that
look
like
and
and
how
long
of
a
time
frame
and
what,
if
you
could
just
kind
of
walk
me
through
the
process,
I
would
appreciate
that
maybe,
mr.
G
Fiedler,
thank
you
assemblywoman
randy
feedler,
for
the
record.
Yes,
and
I
I
will
start
by
saying
there
are
a
number
of
intersecting
interests
that
are
at
play
in
in
these
cases
with
regard
to
state
and
federal
rights.
So
initially
you
have
your
trial.
Assuming
you
receive
a
death
sentence
at
that
point,
you
have
an
automatic
appeal
under
nevada
law.
Assuming
you
lose
that
appeal.
G
You
then
have
the
right
to
file
a
state
post,
conviction
petition
for
which
you
are
entitled
to
have
counsel
appointed.
So
you
have
a
council
state,
post-conviction,
proceeding
in
front
of
the
trial
court.
If
you
lose
that,
then
you
go
up
to
appeal
automatically
or
not
automatically.
You
go
up
to
appeal
to
the
nevada
supreme
court.
Assuming
you
lose
it
at
that
point.
You
then
have
the
right
to
file
a
post-conviction
petition
in
federal
court
in
federal
court.
G
You
are
also
entitled
to
have
an
attorney
appointed.
The
attorneys
will
then
investigate
your
case.
Often
new
claims
will
be
raised
in
that
federal
petition,
which
will
require
to
respect
states
rights
that
the
petition
be
filed
in
state
court
so
that
the
state
courts
have
an
opportunity
to
address
these
claims
before
the
federal
courts
will
address
them.
So
then
you
file
a
another
state,
post-conviction
petition.
If
you
do
not
succeed
in
the
trial
court,
you
then
have
the
right
to
take
an
appeal
to
the
nevada
supreme
court.
G
If
you
are
not
successful
at
the
nevada
supreme
court,
you
then
go
back
to
federal
court
where
the
u.s
district
court
will
consider
your
claims
and
if
you
are
not
successful
at
that
point,
you
are
entitled
to
take
an
appeal
to
the
ninth
circuit
and
if
you're
not
successful
there,
you
can
ask
the
u.s
supreme
court
to
appeal
at
any
point
in
these
proceedings.
J
C
Thank
you.
I
I
do
have
kind
of
a
question
on
that.
I
think
this
might
be
for
mr
coffee.
Can
you
describe
how
the
difference
between
the
representation
I
mean?
You
had
mentioned
that
on
average,
a
capital
case
1800
hours
is
spent
on
that,
as
opposed
to
a
non-capital
murder
case
where
400
hours
is
spent
on
that.
I
Yes,
vice
chair
just
real
briefly
so
capital.
C
I
Sorry
about
that
scott
coffey
answering
the
vice
chair's
question,
so
capital
cases
are
treated
differently
under
supreme
court
rule
250,
which
sets
out
certain
requirements,
as
opposed
to
a
typical
case
where
you
have
to
have
a
single
attorney
appointed.
There
have
to
be
two
attorneys
that
are
appointed
in
a
capital
case.
One
of
those
attorneys
has
to
be
capital
qualified.
I
That
means
they
have
five
felony
jury
trials
through
verdict
and
have
set
through
at
least
a
penalty
phase
with
someone
else,
and
they
have
five
years
experience
those
case
the
reason
the
cases
take
so
much
longer
and
cost
so
much
more
revolves
primarily
around
what's
called
mitigation.
I
If
I
am
defending
a
murder
case,
the
murder
case,
I
might
investigate
20
minutes
or
a
day
in
someone's
life,
perhaps
a
week.
If
I'm
defending
a
capital
case,
I
have
to
investigate
their
entire
history,
because
if
I
don't
the
case
will
be
turned
around
either
by
the
nevada
supreme
court
or
by
the
federal
court
as
mr
feedler
described,
and
that
means
interviewing
grandparents,
it
means
interviewing
parents,
it
means
looking
into
drug
history,
it
means
doing
iq
testing,
it
means
doing
fetal
alcohol
syndrome,
testing,
which
is
quite
expensive.
I
That
alone
can
cost
40
or
50
000
or
more
without
testimony
at
trial,
and
those
are
things
that
are
specific
to
capital
cases.
We
don't
do
those
in
other
cases,
typically
the
reason
they
are
specific
to
capital
cases,
because
cases
been
reversed
when
things
are
not
done.
One
example
that
I've
got
is
the
ninth
circuit
reverse
to
case,
because
the
attorneys
did
not
look
into
ground
water
poisoning
in
the
village
where
a
defendant
grew
up,
so
you
have
to
be
meticulous
in
a
capital
case,
and
that
takes
a
lot
of
time
to
take
specialized
training.
I
Typically,
that
would
have
been
done
by
the
public
defender's
office,
but
we
had
so
many
of
these
cases
and
so
many
conflicts.
There
was
a
special
public
defender's
office
created
about
30
years
ago
25
years
ago,
that
handled
the
overrun,
and
we
split
those
cases
about
evenly
until
the
office
of
appointed
council
was
created
in
clark
county
that
was
about
12
or
13
years
ago.
At
one
point,
there
was
an
even
split
of
those
cases
about
30
30,
30
percent,
but
the
office
of
appointing
council
that
handles
about
60
of
the
capital
cases.
I
They've
got
about
40
of
the
62
that
are
pending,
which
is
a
huge
amount,
because
those
attorneys
are
paid
hourly
and
it
is
outside
the
normal
budgeting
process.
It's
not
part
of
the
public
defender's
budget.
It's
not
part
of
the
special
public
defender's
budget
district
attorney's
budget.
It
is
paid
out
of
a
special
budget
hourly
at
a
higher
rate
than
we
would
normally
pay.
If
we
pay
a
hundred
dollars
an
hour.
Normally,
I
think
it's
125
or
150
an
hour,
so
we
pay
at
a
higher
rate.
I
The
bills
are
generally
open
billing
and
I
I
shouldn't
say
that
I
hate
to
say
there's
a
blank
checkbook,
but
for
capital
cases
to
some
extent.
That's
the
case,
because
if
it's
not
done
right,
the
first
time
it
gets
reversed
and
then
we
just
start
all
over,
so
that's
a
short
overview
of
why
they
cost
so
much
more
and
weight.
It
takes
so
much
more
time.
C
K
I
That's
absolutely
true,
and
it's
not
a
little
less
serious,
it's
a
lot
less
serious
and
the
courts
treat
the
case
is
a
lot
less
serious.
If
I
file
a
brief
with
the
nevada
supreme
court,
that's
a
capital
case.
It
has
to
be
designated
as
such
and
I'm
given
twice
the
time
to
argue
the
case
that
I
would
in
a
non-capital
okay.
So
if
the
case
in
federal
court,
those
filings
are
designated
as
a
capital
case
and
even
all
the
way
to
the
united
states
supreme
court.
I
If
I
file
a
petition
of
cert
that
has
got
to
be
designated
as
a
capital
case
on
the
front
page
of
the
brief,
because,
as
justice
kennedy
said
years
ago,
death
is
different.
Mitigation
is
not
generally
a
consideration
in
non-capital
cases
and
mitigation
is
what
takes
time.
It's
investigating
the
background,
there's
certain
things
that
just
don't
apply
in
non-capital
cases-
atkins
for
example,
which
is
iq
testing.
If
a
person
is
intellectually
disabled,
they
can't
be
executed
under
u.s
supreme
court
law.
So
we
spend
a
lot
of
money
testing
for
that.
I
That's
not
the
situation
or
life
without
case
you
can't
make
an
atkins
claim
in
a
life
without
case,
because
it's
just
not
an
issue
so
yeah.
The
background
investigation
is
vastly
different
in
a
non-capital
case
than
a
capital
case.
The
defense
hours
are
vastly
different.
It
was
the
national
judicial
council
that
came
up
with
the
numbers
nationwide
of
1800
hours
versus
400
or
so
so
I
think,
there's
a
general
recognition
that
the
case
is
just
treated
differently.
As
justice
kennedy
said,.
M
The
table
we
did
away
with
capital
punishment
that
you're
saying
that
the.
K
Life
without
which
would
then
become
the
most
serious
penalty,
we
could
that
we
really
wouldn't
treat
them
with
the
same
respect
when
you're
dealing
with
a
human.
That's
looking
at
life,
without
the
possibility
of
parole,
as
you
said,.
I
That's
not
as
important,
yes,
the
at
least
under
the
current
standards
that
is
correct
and
not
but
scrap
coffee
to
through
assemblyman
o'neill,
and
it's
not
just
me
that
says
that
when
you
look
at
the
cost
studies
across
the
board,
the
states
that
have
got
life
without
parole
who
are
handling
these
sentences,
all
the
time
states
like
connecticut
states
like
massachusetts,
a
variety
of
these
states,
the
costs
just
aren't
the
same
in
those
states.
So
unless
those
attorneys
are
all
incompetent,
I
don't
see
where
this
sea
change
would
come.
I
C
I
C
B
Thank
you
chairwin
vice
chairman,
chair
yeager,
and
all
those
on
the
panel
and
my
condolences
and
my
just
I'm
so
the
courage
that
it
tipped
me
here
for
the
families
impacted
is
beyond
belief,
and
I'm
I'm
grateful
that
you
took
the
time.
B
My
question
is
for
professor
perry,
professor
justice
cherry
made
a
statement
during
his
presentation,
and
that
is
that
the
rural
counties
don't
have
the
money
to
prosecute
life
cases
and
but
that
clark
county
does
and
we
see
and
I'm
just
curious.
B
What
does
this
mean
when
we
talk
about
racial
disparity
and
about
equity?
If
you
could,
please
speak
to
that.
L
Sure,
thank
you.
So
much
to
tyler
d,
perry
answering
an
assemblywoman's
summer,
armstrong's
question
yeah.
L
I
was
actually
interested
by
judge
cherry's
statement
in
that
regard
and
for
me
it
seems
that
all
of
this
is
embedded
within
a
system
that
views
blackness
automatically
as
criminality,
and
so
it
seems
no
coincidence
to
me
that,
in
a
largely
urban
area
in
southern
nevada,
populated,
more
heavily
by
african-american
population
probably
does
have
the
money
to
prosecute
in
this
type
of
format.
And
much
of
this
goes
back
to
the
methods
under
which
resources
are
allocated,
and
one
thing
that
makes
the
united
states
in
general
unique
within
what
is
called
the
developed
world.
L
It
is
suggestive
that
nevada's
priorities
have
largely
been
retributive
against
individuals
convicted
of
violent
crime
rather
than
utilizing
prohibitive
measures,
things
that
might
be
more
proactive
in
trying
to
help
people
who
are
dealing
with
trauma.
And
one
thing
I
said
in
my
comments
that
I
think
is
directly
related
to
these
types
of
questions
regarding
resources
is
that
it
doesn't
have
to
be
this
way.
The
us
is
actually
somewhat
abnormal
within
this
regard,
in
that
this
country
is
so
used
to
violence
that
it
almost
is
numbing
to
some
degree
within
the
broader
society.
L
I
think
people
are
now
starting
to
wake
up
to
this
reality
and
understand
that
you
know
other
countries
might
even
have
similar
populations,
but
they
are
not
nearly
as
violent,
and
this
includes
both
crime
within
various
neighborhoods,
but
also
police
departments
and
the
heavy-handed
forms
of
policing
that
are
all
too
familiar
to
clark
county
in
general,
and
so
my
at
appeal
here
or
what
I
typically
argue
in
this
regard
is
that
we
have,
if
we
have
the
resources
to
invest
so
heavily
in
a
system
of
carcerality
that
does
very
little
to
actually
rehabilitate
people.
L
We
can
redirect
a
lot
of
resources
for
preventative
measures,
investing
in
communities
that
have
been
historically
divested
from
helping
people
recover
from
trauma
that
they
experienced
as
children
and
as
one
of
the
testimonies
alluded
to
earlier.
Even
the
victims
of
violent
crime,
the
families
receive
very
little
in
regards
to
monetary
assistance
for
therapy,
and
so
the
the
argument
here
is
that
our
priorities
are
completely
mixed
at
this
present
moment.
B
B
If
what
justice
cherry
is
saying
is
correct
and
I
believe
I'm
not
I've
known
okay
for
many
years,
does
this
mean
that
a
person
in
the
rules
who
we
can
assume
in
most
instances
because
of
our
population
would
be
white,
can
do
the
same
crime
as
someone
in
southern
nevada,
who,
we
will
for
sake
of
argument,
say,
is
black
that
they
would
see
a
different
sentence
or
a
different
charge
against
them
to
be
a
different
charge
in
in
a
stimulus
similar,
if
not
almost
exact,
charge,.
I
Scott
caught
the
answering
assemblywoman
summer,
armstrong's
question:
I
I
think
that's
exactly
what
it
means.
If
you
look
at
the
demographics
by
county,
once
we
get
out
into
the
rurals,
the
population
of
color
dwindles
tremendously,
and
most
of
those
people
are
not
going
to
be
subject
to
the
death
penalty
in
the
rurals,
because
they
simply
can't
afford
it.
You
would
bankrupt
the
county
trying
to
defend
a
capital
case,
it's
more
than
their
entire
defense
budget.
I
If
you
look
at
death
penalty
across
the
state
right
now,
there
were
two
one,
two
or
three
cases
pending
in
the
rest
of
the
state
and
62
defending
in
clark
county.
So
where
you
commit
a
crime,
is
as
important
as
the
crime
that
you
commit
and
by
demographic
breakdown
that
insulates
certain
members
of
our
population,
the
white
members
of
our
population
from
the
death
penalty
being
pursued
in
in
many
instances,
because
the
rules
just
aren't
pursuing
that.
I
hope
that
answers
the
question.
C
And
I
will
take
the
last
question
here
and
this
may
be
for
chair,
yeager
or
miss
hart.
I
did
see
the
financial
audit
that
was
there
or
it
could
be
from
someone
from
clark
county
since
it
seems
like
60
of
the
pending
death
penalty
cases.
Are
there,
have
they
had
any
financial
or
fiscal
note
on
what
cost
savings
they
would
be
able
to
save?
If
we
were
to
pass
assembly
bill
395.
A
Thank
you,
madam
vice
chair,
steve
yeager,
for
the
record
I'll
just
say
quickly
that
you
know
I
want
to
recognize
senator
then
assemblyman
orange.
All
that
was
his
bill
in
2013.
I
think
it
was
ab444
that
led
to
the
cost
audit
of
the
death
penalty,
but
I
probably
would
hand
this
over
to
mr
coffey,
who
I
think
was
actually
involved
in
providing
information
for
that
audit.
He
might
have
some
numbers
he
could
give
us.
I
Thank
you,
chairman
jaeger,
scott
coffey.
Just
very
briefly,
the
cost
audit
was
provided
by
the
lcb.
It
actually
went
through
two
legislative
sessions.
I
was
involved
in
both
and
involved
with
mr
orenshall
and
drafting
the
cost
on
it.
The
first
time
it
didn't
go
through
because
there
were
complaints
that
didn't
consider
things
like
housing
costs
and
potential
savings
by
executing
somebody
early.
So
we
we
corrected
those
things
to
try
to
make
it
as
neutral
as
we
could.
I
The
district
attorney's
offices
across
the
state
chose
not
to
participate
even
after
those
corrections,
but
the
lcb
came
to
the
conclusion
that
it's
about
a
half
million
dollars
every
time
a
death
penalty
case
is
filed
not
when
death
is
executed,
not
when
somebody's
sentenced
to
death
row,
not
even
when
a
trial
happens
just
simply
filing
a
death
notice
ads
at
close
to
half
million
dollars
in
additional
cost.
So
if
you
look
at
it
that
way,
you're
looking
about
a
30
million
dollar
savings
give
or
take
systemically
on
the
62
pending
cases.
C
Thank
you,
and
with
that
I
will
stop
questions
at
this
time.
Like
I
said
there
will
be
another
opportunity
to
ask
questions
after
receiving
the
support
and
opposition
and
neutral
testimony.
I
will
note
that
I
did
allow
for
30
minutes
of
questioning
by
committee
members
on
the
original
presentation
of
the
bill.
At
this
time.
I
will
begin
testimony
in
support
of
assembly
bill
395.
C
I
believe
we
have
four
or
five
people
on
the
zoom
and
again
I
will
remind
them
that
their
testimony
is
limited
to
two
minutes,
as
well
as
on
the
phone,
and
so
with
that
we
will
begin
testimony
at
9
25,
testimony
in
support
of
assembly
bill
395
and
if
we
could
go
to
the
zoom
on
our
remind
speakers
to
please
clearly
state
and
spell
your
name
for
the
record
and,
like
I
said
I
will
be
timing,
you
believe
me.
C
It
pains
me
to
cut
people
off,
but
I
will
take
care
and
let's
start,
I
think,
we've
missed
wellborn
if
we
could
start
with.
J
Her
good
morning,
vice
chairwin
members
of
the
committee,
my
name
is
holly
welborn
policy
director
for
the
aclu
of
nevada,
testifying
in
unwavering
support
of
ab395.
J
J
J
Nearly
half
of
the
states
in
this
country
have
abolished
the
death
penalty,
including
virginia,
which
at
one
time
had
the
highest
execution
rate
in
the
united
states
and
hearts
and
minds
are
shifting
here
in
nevada,
53
of
nevadans
support,
a
penalty
other
than
capital
punishment
for
first
degree
murder,
and
when
you
explain
the
exorbitant
costs
the
fact
that
innocent
people
were
sent
to
death
row,
including
hayem
teen
sharif,
who
was
released
from
prison
in
2017
right
after
a
legislative
session,
when
this
body
chose
not
to
repeal
the
death
penalty,
that
it
offers
families
a
false
promise
of
justice
and
that
it
disproportionately
impacts
black
brown,
poor
and
mentally
ill
people.
J
I
leave
you
with
a
quote
from
an
amicus
brief
filed
by
the
aclu
in
furman
versus
georgia.
The
death
penalty
is
unnecessary
in
a
society
with
adequate
alternative
means
of
fulfilling
the
legitimate
objective
of
the
penal
law,
the
necessarily
associated
experience
of
death
row
shocks
and
devastates
the
consciences
of
civilized
men.
C
P
Hey
good
morning,
my
name
is
drew
johnson.
I
live
in
the
9th
district,
I'm
a
senior
scholar
at
the
national
center
for
public
policy
research
and
a
senior
fellow
at
the
taxpayers
protection
alliance,
I'm
a
columnist
at
newsmax
and
the
daily
caller.
In
other
words,
I'm
not
a
democrat,
I'm
one
of
a
large
and
growing
number
of
people
who
identify
as
republicans
libertarians
and
fiscal
and
social
conservatives
who've
come
to
realize
that
that
only
contradicts
the
limited
government
values
we
hold
dear.
We
also
understand
that
it's
really
really
bad
public
policy.
P
P
I've
ever
seen
it's
strange
that
some
republicans
will
on
one
hand,
argue
that
the
state
isn't
capable
of
handing
out
the
driver's
license
or
county
ballots,
but
on
the
other
argue
that
that
same
government
should
have
the
authority
to
put
people
to
death,
not
surprisingly
giving
bloated,
inefficient
and
often
inc
competent
state
governments.
The
authority
to
to
decide
who
lives
and
dies
doesn't
always
work
out
very
well.
More
than
160
americans
have
been
released
from
death
row
due
to
wrongful
convictions.
P
Others
haven't
been
so
white.
Putting
just
one
innocent
person
to
death
makes
the
death
penalty
completely
unacceptable.
According
to
estimates
by
the
national
academy
of
sciences,
states
have
killed
at
least
60
innocent
people
60.
Since
america
began
reinstituting
the
death
penalty
in
1976.,
the
death
penalty,
as
scott
coffey
mentioned,
is
also
a
tremendous
waste
of
money.
P
In
addition
to
being
ridiculously
expensive,
the
death
penalty
fails
at
its
most
basic
function,
deterring
crimes
in
19
2012.
A
study
by
the
national
research
council
proved
once
and
for
all
that
capital
punishment
does
not
reduce
or
deter
crimes.
It's
also
worth
noting
that
states
without
the
death
penalty
actually
have
lower
murder
rates
and
violent
crimes
than
states
with
the
death
penalty.
P
Ultimately,
though,
it
doesn't
really
matter
if
you
think
that
people
should
be
put
to
death
in
nevada
for
committing
heinous
crimes,
it
doesn't
really
matter
what
state
lawmakers
want,
or
prosecutors
want
or
victims.
Families
want
that's
because
between
the
necessary
pills
and
the
difficulty
in
obtaining
lethal
injection
drugs
and
eighth
amendment
challenges,
the
death
penalty
really
doesn't
exist
in
nevada.
Only
one
person
has
ever
been
put
to
death
against
his
will.
P
P
The
death
penalty
doesn't
occur,
crimes
is
racist
and
it
wastes
millions
of
dollars.
So
why
is
it
still
on
the
book?
Many
of
you
republicans
running
for
office
said
you
wanted
to
eliminate
bad
laws
and
remove
policies
that
aren't
effective.
Here's
your
chance
as
a
republican.
I
encourage
you
to
support
ab395
you'll,
take
a
completely
ineffective
law
off
the
books,
eliminate
failing
unnecessary
policy
and
dramatically
reduce
the
cost
to
taxpayers.
Thank
you.
O
Hi
there,
everyone,
I'm
I'm
don
gallimore
the
legislative
committee,
naacp
renal,
sparks
chair
and
that's
the
subcommittee
of
the
political
action,
albeit
diaz,
is
the
chair
there,
but
it's
good
to
be
back
in
a
tie
for
once
after
a
long
long
time,
but
I'm
here
with
the
renal
sparks
naacp
to
categorically
support
ab
395.
O
This
is
a
bill
that
the
naacp
has
been
fighting
for
80
years
or
more.
We
know
that
this
bill
can
correct
it's
the
tip
of
the
rocket
ship.
If
you
will,
if
we
can
get
the
elimination
of
the
death
penalty,
then
the
lives
of
up
to
three
times
to
four
times
the
number
of
others
in
as
as
african-americans
that
will
change
that
will
be
down
to
zero.
O
So
what
we
would
like
to
do
is
just
make
sure
that
everyone
knows
that
we
are
violent
against
any
kind
of
capital
punishment,
because
it
is
a
reflection
of
slavery
and
the
legal
lynching
that
the
professor
mentioned,
something
that
is.
O
Be
difficult
for
parents
to
teach
their
children
for
us
as
adults
to
understand
why
the
hate
towards
a
culture
simply
because
of
the
color
of
our
skin
is
the
reason
for
a
higher
rate
of
people
being
put
to
death
incarcerated
in
general
and
jobless
homeless.
Things
like
that,
so
we
want
to
support
ab
395,
and
you
know
in
terms
of
african
americans.
We
are
the
original
culture
in
the
world.
We
are
the
soul
of
the
devil.
O
I'm
done
but
thank
you
very
much,
chair
jager
and
assemblyman
cohen.
J
Good
morning
my
name
is
moni
normand.
Oh,
can
you
hear
me
okay
good
morning
my
name
is
monique
norman
and
I'm
a
licensed
social
worker
here
in
reno
nevada,
I'm
representing
myself
in
support
of
this
bill.
This
morning,
in
june
of
2017,
my
uncle
was
stabbed
to
death
in
his
home
in
las
vegas
nevada,
the
woman
who
murdered
him
stole
his
car,
which
was
actually
my
father's
car
and
left
him
alone
to
die
in
his
home.
J
I
remember
the
hurt
and
the
devastation
I
felt
after
getting
the
news
of
my
uncle's
murder.
I
was
only
two
weeks
away
from
graduating,
with
my
master's
degree
in
college
and
honestly,
I
didn't
know
what
to
do
as
my
family
and
I
sorted
through
our
grief.
One
of
the
things
I
remember
my
father
saying
was
that
he
didn't
want
to
see
this
person
get
the
death
penalty
and
I
had
to
agree
with
him
honestly.
It
wasn't
going
to
bring
my
uncle
back
to
us.
J
Later
we
learned
during
the
trial
that
the
woman
had
suffered
much
abuse
for
many
years
of
her
life
and
she
had
been
trafficked
at
a
very
young
age.
I
know
that
this
doesn't
bring,
or
this
doesn't
change.
You
know
anything
that
she
did
and
it
doesn't
justify
the
murder,
but
as
a
social
worker
and
as
someone
who
is
currently
working
in
the
mental
health
field,
I
do
believe-
or
I
have
to
believe,
that
if
she
had
received
the
mental
health
care
she
needed,
her
life
probably
would
have
changed
turned
out
very
differently.
J
Also,
to
note
one
quarter
of
the
people
on
our
death
row
currently
are
diagnosed
with
mental
health
issues.
I
asked
you
today
to
support
ab395
as
a
victim.
I
don't
want
to
see
someone
else
die
and
we
should
also
be
putting
our
money
into
mental
health
care
and
prevention
and
not
into
executing
people.
Thank
you
for
your
time.
C
You
miss
norman.
I
do
have
one
more
person
listed
on
here.
I
don't
see
them.
I
have
leslie
turner
signed
in.
Is
she
on
here.
M
A
C
No
problem,
I
just
wanted
to
make
sure
we
got
everyone
on
the
zoom
there's,
so
many
people
on
the
screen
right
now,
if
we
broadcast
purposes
that
we
can
begin
testimony
on
the
phone
in
support
of
assembly,
build
395.
D
D
F
F
However,
the
question
we
need
to
ask
is
not
whether
a
person
deserves
to
die,
but
rather
do
we,
as
a
society
deserve
to
kill
them
to
get
reconciliation.
We
must
be
willing
to
tell
the
truth.
The
truth
is
that
the
authority
to
execute
someone
who
is
no
longer
an
immediate
threat
is
an
awesome
power
and
that
power
must
be
exercised
fairly,
reliably
and
humanely,
and
we
are
not
able
to
accomplish
this,
no
matter
how
hard
we've
tried.
The
truth
is
our
use
of
the
death
penalty
has
not
been
a
deterrent.
F
Nevada
is
ninth
in
the
nation
for
people
on
death
row
and
we
have
over
60
cases
still
pending
in
clark
county
to
be
heard
alone.
The
truth
is,
the
death
penalty
has
not
been
a
deterrent
in
nevada.
The
truth
is
that
for
every
nine
people
executed,
one
person
has
been
exonerated,
and
that
is
a
shocking
rate
of
error.
If
one
out
of
every
ten
planes
crash
would
any
of
us
still
fly,
I
would
not
because.
F
That
rate
of
error
that
we
currently
have
some
of
us
in
southern
nevada
would
not
live
through
this
whole
session.
The
truth
is
nevada
is
no
different,
demarlo
berry,
who
you
all
met
last
session
fred
sties,
who
we've
all
heard
about
kirsten,
lubato,
kathy
woods.
All
of
them
have
been
exonerated
in
nevada,
after
prosecutors,
sought
their
conviction
and,
in
some
cases
sought
their
death.
The
truth
is
that
wrongful
convictions
happened
in
54
of
all
exonerations
and
over
half
of
the
people
wrongfully
convicted
were
convicted
by
wrongful
conduct.
Fred
steve
prosecutors
hid
evidence
kathy
woods.
F
Law
enforcement
coerced
a
false
confession
from
a
mentally
ill
woman.
The
truth
is
that
darkness
cannot
drive
out
darkness.
Only
light
can
do
that.
Hate
cannot
drive
out
hate.
Only
love
can
do
that.
Hate
multiplies
hate,
violence,
multiplies
violence
and
toughness
multiplies
toughness
in
the
descending
spiral
of
destruction.
We
are
all
in
need
of
unmerited
grace.
So
let's
please
stop
this
spiral
of
destruction.
That
is
the
death
penalty
in
nevada.
Now.
Thank
you.
D
E
We
strongly
support
ab395,
I'd
like
to
say
over
the
years
there
has
been
presentations
submitted
and
to
the
aca
legislative
hearings
on
the
death
penalty,
and
I
recall
that
the
figure
is
around
a
million
dollars
to
from
to
prosecute
from
going
from
prosecution
to
executing
a
person.
Now
I
want
to
touch
on
something
on
behalf
of
the
innocent.
E
In
2017,
the
legislature
passed
the
ab268
bill,
which
was
the
dna
bill
to
allow
dna
testing.
Originally,
the
bill
was
to
allow
dna
testing
at
the
end
at
the
inmate's
expense.
If
the
court
had
denied
them
dna
testing.
I'm
bringing
this
up
because
of
what
mr
laurie
had
mentioned
about
the
david
middleton
case
and
with
the
passing
of
the
public
records
request
bill.
E
Some
cases
have
come
up
recently
and
one
of
those
is
the
middleton
case.
I
am
not
saying
that
middleton
is
innocent
by
no
means.
What
I
am
saying
is
is
that
there
is
another
individual
I'll
just
named
him.
Mr
g,
mr
g
and
mr
middleton
were
tried
four
months
apart.
Mr
g
has
always
maintained
his
innocence.
E
E
C
This
miss
brown.
Can
you
please
wrap
up
your
testimony
and
if
you
have
any
additional,
you
know
that
you
can
always
submit
it
in
writing.
E
C
D
D
Q
Hello,
I
apologize.
This
is
jody
hawking,
h,
c
h-o-c-k-I-n-g
from
return
strong
families,
united
for
justice
for
the
incarcerated,
and
I
apologize
healthy.
I
think
I
got
it
straightened
out
now,
I'm
here
today
in
full
support
of
ab-395.
Q
Really
it
is
time
for
nevada
to
abolish
the
death
penalty
for
all
of
the
reasons
that
people
have
way
more
elegant
eloquently
said
than
I
can
I'd
just
like
to
make
a
brief
statement,
quoting
sister
helen
kriegen.
Q
If
we
believe
that
murder
is
wrong
and
not
admissible
in
our
society,
then
it
has
to
be
wrong
for
everyone,
not
just
for
individuals,
but
for
governments
as
well.
By
choosing
to
continue
to
use
the
death
penalty,
we
become
accomplices
to
the
death
of
another
human
being.
It
needs
to
stop
really.
It
needs
to
stop
in
the
name
of
reginald
hayes
nathan,
who
the
state
of
nevada
paid.
Q
I
just
want
to
take
a
second
on
sundays.
Every
sunday.
Now,
since
returning
started,
I
have
I,
I
call
it
sundays
with
death
row.
I
have
inmates
that
are
incarcerated
there,
who
call
me
to
talk
about
issues
that
they're
having
maybe
it's
restitution,
maybe
it's
inhumane
conditions.
Q
It
could
be
any
number
of
things,
but
the
impact
of
talking
to
people
who
have
had
to
sit
and
know
that
they're
just
waiting
to
die
has
really
impacted
my
life
and
my
belief
more
deeply
than
I
ever
did
before
that
we
need
to
end
the
death
penalty.
We
know
the
system
is
broken
and
as
such
we
can't
continue
to
move
as
if
it
isn't
it's
time,
it's
the
right
decision
on
every
level.
I
agree
with
the
other
speakers
who
are
and
then
in
full
support
of
ap
395.
C
Thank
you
jody.
If
we
can
go
to
our
next
caller
and
support.
D
F
F
I
could
speak
to
you
today
in
support
by
relying
upon
the
data
and
material
that
have
been
presented
to
this
committee
in
support
of
ab395,
but
I
think
the
issue
of
abolition
of
the
death
penalty
is
greater
than
the
data.
I
speak
in
support
because
I
view
this
as
a
true
inflection
point
as
to
who
and
what
we
are
as
a
state.
We
must
recognize,
like
so
many
of
our
sister
states,
who
have
indefinitely
stayed
in
position
of
the
death
penalty
or
who
have
abolished
the
death
penalty
most
recently
virginia.
F
F
F
F
D
F
R
F
Ma'am,
the
the
opposition
may
further
tell
you
that
revenge
is
countered
by
their
logic,
compassion
and
taking
into
account
into
account
the
realities
of
the
of
the
person
they
are
considering
for
death.
Revenge
cannot
be
countered
by
logic
and
compassion.
If
so,
no
one
would
be
sentenced
to
death.
C
F
C
D
F
Good
morning
my
name
is
jim
sullivan
j-I-m-s-u-l
and
I'm
representing
the
culinary
union.
The
culinary
union
supports
assembly
bill
395
and
the
repeal
to
death
penalty
in
nevada.
The
death
penalty
is
perhaps
the
most
barbaric
aspect
of
mass
incarceration
in
the
united
states,
which
we
know
disproportionately
affects
black
indigenous
and
people
of
color.
F
F
Additionally,
death
penalty
cases
are
extremely
costly
and
too
many
innocent
people
end
up
on
death
row,
which
is
a
miscarriage
of
justice
that
our
state
should
never
accept.
Nevada
is
better
than
the
death
penalty.
Over
the
last
three
sessions,
the
culinary
union
has
advocated
for
several
criminal
justice
bills
that
have
started
to
right
the
wrongs
of
nevada's
past
and
make
sure
that
all
nevadans
are
treated
equally
under
the
law.
F
D
Q
Q
The
through
the
death
penalty
process
and
trials
and
such
I
truly
believe
that
we
are
not
capable
of
knowing
whether
a
man
or
woman
is
innocent,
100
100
of
the
time,
and
therefore
feel
that
the
chance
that
we
might
even
kill
one
person
unjustly
should
be
considered
by
all
of
you.
One
person
yourself,
your
son,
your
daughter,
your
brother,
your
uncle,
whoever
and
please
support
the
bill.
Thank
you.
D
E
Hello,
my
name
is
nisa
sun
n-I-s-s-a-t-z-u-n,
I'm
a
resident
of
clark
county,
and
I
am
the
co-founder
of
the
force
trajectory
project
and
a
part
of
the
mass
liberation
project.
I
am
calling
in
support
for
ab
395
to
abolish
the
death
penalty,
which
I
view
as
cruel
and
unusual,
and
furthermore,
I
find
its
history
steep
and
racism
and
the
significant
margin
of
error
absolutely
disturbing.
E
I
have
also
been
personally
impacted
by
the
death
penalty.
My
friend,
william
morva,
was
on
death
row
for
nine
years
in
virginia,
william
was
a
friend
of
mine
since
high
school,
a
kind
soul
who
spearheaded
the
anti-racist
campaign
urging
our
high
school
to
change
their
sports
team
mascot,
the
indians.
He
was
loved
by
his
family
and
friends
and
was
known
by
everyone
to
be
a
genuine
kind,
loving
person
after
we
all
graduated,
will
started
to
exhibit
some
strange
behaviors,
which
seemed
to
coincide
with
the
passing
of
his
father
along
with
severe
mental
illness.
E
He
also
suffered
from
digestive
issues
that
was
very
debilitating
in
2006.
Much
of
the
surprise
of
his
family
and
friends
will
committed
a
double
homicide.
He
was
soon
convicted
and
put
on
death
row,
but
his
team
made
up
of
legal
experts.
Mental
health
experts
in
his
community
knew
that
will
was
severely
mentally
ill
at
the
very
least.
They
all
felt
that
his
life
should
be
spared
because
of
his
obvious
impairment
and
mental
suffering.
E
Even
the
murder
victims,
families
advocated
for
will's
life
because
they
themselves
did
not
believe
that
killing
will
would
solve
anything
or
bring
them
any
peace.
Despite
the
team's
efforts
and
the
murder
victim's
family's
plea
to
the
state
that
executing
will
would
not
bring
justice
will
was
executed
in
march
of
2017..
E
I
personally
find
it
disturbing
that,
even
in
the
case
where
the
murder
victim's
family
disagrees
with
the
death
penalty,
that
the
state
will
still
push
on
to
kill,
he
is
the
last
person
to
be
executed
in
the
state
of
virginia.
As
you
all
may
know,
the
state
of
virginia
just
abolished
the
death
penalty
this
year.
It
is.
E
And
frustrating
that
they
couldn't
do
it
soon
enough
to
save
will's
life.
His
death
has
completely
devastated
his
friends
and
family.
The
impact
of
his
death
is
immeasurable
and
measurable.
The
trauma
of
his
friends
and
family
are
experiencing
are
lifelong.
There
is
no
way
to
reverse
what
has
happened.
I
ask
everyone
to
please
support
ab395,
to
abolish
the
death
penalty
in
nevada.
Thank
you.
Q
Reverend
karen
foster
k-a-r-e-n-f-o-s-t-e-r
unitarian
universalist
fellowship
of
northern
nevada
reno.
Thank
you
for
hearing
my
testimony
today.
It
is
time
to
abolish
the
death
penalty.
This
is
a
religious
issue
and
a
spiritual
issue
for
me
personally
and
for
many
of
us
for
unitarian
universalists.
Our
first
principle
cause
us
to
respect
the
inherent
worth
and
dignity
of
every
person,
and
so
I'm
very
concerned
that
100
of
people
on
nevada's
death
row
are
victims
of
poverty
and
therefore
cannot
afford
legal
representation
of
their
own
choice.
Q
Q
D
E
Q
I'm
testifying
today
on
behalf
of
the
las
vegas
nlg's,
emphatically
support
passage
of
ab395.
The
death
penalty.
Nevada
is
demonstrably
flawed
for
all
the
reasons
you've
heard
so
far,
we'd
like
to
emphasize
some
of
those
reasons
why
the
death
penalty
must
go
first,
nevada's
death
penalty
and
snares
be
innocent.
At
least
three
death
row.
Prisoners
have
been
saved
from
execution
based
on
evidence
that
they
were
innocent.
Q
Q
Q
These
statistics
demonstrate
that
the
legacy
of
racism
is
indeed
present
in
nevada's
death
penalty.
Third
nevada's
death
penalty
does
not
serve
legitimate
purposes
of
punishment.
There
is
no
evidence
that
the
death
penalty
deters
others
from
committing
capital
crimes.
The
rates
of
violence
among
several
prisoners
remain
lower
than
general
population
prisoners
and
the
constitutional
requirements
that
death
penalties
meet.
Heightened
standards
of
scrutiny
means
that
death
penalty
litigation
can
last
for
decades.
Q
All
these
factors
undermine
the
penalogical
identification
for
keeping
the
death
penalty
and
fourth,
the
people
on
nevada's
death
row
are
overwhelmingly
poor
and
come
from
disadvantaged
backgrounds.
The
united
states
supreme
court
requires
that
capital
punishment
be
limited
to
the
worst
of
the
worst
offenders,
but
nevada's
death
penalty
seeks
to
punish
the
most
marginalized
of
the
marginalized.
Instead,
in
closing
the
las
vegas
chapter,
the
national
lawyers
guild
urges
lawmakers
to
pass
av395
to
rid
nevada
of
the
death
penalty
once
and
for
all.
Now
is
the
time.
Thank
you.
D
F
Hello,
my
name
is
alex
spellman
s-p-e-l-m-a-n
and
I'm
providing
this
testimony
in
support
of
ab395,
I'm
a
graduate
of
unlv's
boyd
school
of
law
and
now
serve
our
community
as
a
local
public
defender
representing
individuals
on
death
row.
The
question
for
this
committee
is
not
about
who
deserves
to
die,
but
rather
what
power
and
resources
we
should
entrust
to
our
government.
The
death
penalty
is
a
multi-million
dollar
program
that
does
not
deter.
Crime
has
racially
biased
outcomes.
It
does
not
provide
material
aid
to
victims
and
innocent
individuals
are
continually
discovered
on
death
row.
F
We've
been
trying
to
reform
the
death
penalty
for
decades
to
somehow
make
it
fairer,
but
there
still
remains
an
overwhelming
racial
bias
in
the
use
of
the
death
penalty,
particularly
against
black
folks,
while
nevadans,
while
black
nevadans
compromi
comprise
only
10
of
the
state's
total
population.
They
make
up
about
35
to
40
of
those
on
death
row.
Research
shows.
Official
misconduct
in
capital
trials
is
more
frequent
when
the
defendant
is
black.
False
murder.
Convictions
are
seven
times
more
likely
when
the
defendant
is
black.
F
The
death
sentence
is
more
likely
to
be
imposed
when
the
defendant
is
black
and
the
death
penalty
is
utilized
less
frequently
when
the
victim
is
black
rather
than
white.
This
fatal
punishment
is
disproportionately
applied
against
black
folks
and
on
behalf
of
white
folks.
It
is
time
to
abandon
the
existence
of
this
irreparably
racist
institution.
F
Further
innocent
folks
on
death
row
should
shock
everyone.
You've
already
heard
the
statistics
for
most
sentences,
though
we
have
at
least
something
of
an
available
fail-safe
reversal
and
compensation
for
the
wrongfully
convicted.
Yet
the
execution
of
an
innocent
person,
of
course,
is
irreversible
and
the
dead
cannot
be
compensated
for
their
erroneous
execution
and
we
know
how
to
fix
it.
Less
drastic,
less
expensive
and
reversible
alternatives
exist.
That
would
still
allow
nevada
to
achieve
its
public
safety
goals
with
the
same
degree
of
effectiveness
without
assuming
these
horrible
risks.
F
I
think
nevada
is
better
than
this,
and
I
urge
you
to
support
this
bill
to
abolish
the
death
penalty,
bringing
nevada
in
line
with
nearly
half
of
the
u.s
states
and
the
vast
majority
of
countries
on
earth.
Thank
you
for
supporting
this
bill.
It's
the
right
thing
to
do
and
will
help
make
nevada
a
better
place
for
all
of
us.
D
E
J
J
So
racism
is
a
system
that
disproportionately
affects
and
unfairly
disadvantages
individuals
based
off
of
race,
and
that's
a
paraphrase
from
the
president
kamara
phyllis
jones,
from
the
american
public
health
association
and
so
to
achieve
health
equity.
We
must
address
injustices
caused
by
racism
and
so
working
together.
J
D
J
D
P
Thank
you
for
the
record
nathaniel
erbs
n-a-t-h-a-n-I-e-l
last
name
erb
here
on
behalf
of
the
innocence
project
in
support
of
ab395
and
finding
the
latest
abolishment
of
the
death
penalty
governor
governor
northam
of
virginia
noted.
We
cannot
give
up
the
ultimate
punishment
without
being
100
sure
that
we're
right,
we
cannot
sentence
people
to
the
ultimate
punishment,
knowing
that
the
system
doesn't
work
the
same
for
everyone.
P
The
primary
lesson
that
we
must
be
learned
from
those
exonerated
in
nevada
is
that
our
criminal
justice
system
can
and
does
convict
innocent
people
the
convictions
of
nevada's
exonerees
spam
more
than
three
decades.
These
include
people
sentenced
to
death
and
more,
as
you
heard
this
morning,
against
whom
the
death
penalty
was
sought
but
did
not
succeed.
P
185
people
have
been
exonerated
from
death
row
over
the
last
48
years
across
the
country.
Included
among
that
group
are
many
innocence,
project,
clients
and
survivors.
The
national
academy
of
sciences,
as
heard
this
morning,
determined
that
the
likely
number
of
canadian
people
on
death
row
were
already
executed
is
at
least
double
those
exonerated.
P
The
case
of
exonerees
nevada
alone
said
that
a
conviction
of
the
innocent
is
not
tied
to
one
prosecuting
office,
one
precinct,
one
judge,
or
even
one
quarter,
centuries
approach
to
criminal
justice.
While
we
can
and
must
make
reforms,
we
cannot
escape
the
fallibility
of
a
system
that
determines
who
should
die.
Our
written
testimony
goes
into
further
details
on
the
data
surrounding
official
misconduct,
false
confessions
and
other
miscarriages
of
justice
that
pervasive
throughout
the
case
of
exonerees,
as
well
as
the
barriers
for
proving
innocence
once
convicted.
P
We
cannot
state
with
certainty
that
nevada's
criminal
justice
system
will
always
uncover
actual
innocence
in
capital
cases,
given
the
range
of
potential
error,
even
an
excellent
judicial
case
review
simply
cannot
prove
provide
fairly
to
be
expected
to
identify
every
miscarriage
of
justice
without
fail
in
a
timely
manner,
in
a
timely
manner
to
ensure
that
no
person
is
unjustly
executed.
It
is,
for
these
reasons,
expanded
in
our
written
testimony
that
the
innocence
project
supports
ab395.
D
E
F
Are
in
support
of
ab395
for
all
the
reasons
and
the
in-depth
testimony
that
you
have
heard
this
morning
and
the
experiences
of
of
individuals
that
you
have
heard
from
there
are
so
many
wrongful
convictions
and
certainty
in
the
process.
The
length
of
the
process,
not
to
mention
the
cost
to
the
state
in
investigating
and.
C
D
F
My
first
experience
with
nevada
law
enforcement
resulted
in
four
firearms.
In
my
face,
I
was
13
and
tried
to
explain
that
I
was
just
waiting
for
a
friend,
but
I
guess
I
wasn't
convincing
enough
and
as
disturbing
as
that
might
sound
it's
by
no
means
extraordinary.
Racial
undertones
and
overtones
overshadow
much
of
the
history.
The
legal
apparatus
established
and
forced
the
laws
of
american
society
and
though
some
may
debate,
the
reasons
for
existing
disparities
we
can
largely
agree
on
is
that
something
is
deeply
wrong
here.
F
If
only
24
of
u.s
adults
have
confidence
in
our
criminal
justice
system,
a
crucial
question
must
be
asked.
Why
should
such
a
distrusted
system
have
the
power
to
make
a
decision
as
permanent
as
death
as
a
black
nevada
and
I've?
Seen
firsthand
that
the
flaws
we
are
so
quick
to
criticize
in
other
states?
Legal
systems
are
just
as
present
and
dangerous
right
here
in
our
home
state.
It
doesn't
take
an
experience
like
mine
to
understand
that
we
are
not
an
exception
to
the
rule
of
racialized
policing,
though
it
does
serve.
F
As
a
blunt
reminder,
the
same
deadly
features
of
our
criminal
legal
system
that
more
than
2
000
american
cities
and
60
different
countries
protested
last
summer
are
the
same
ones
governing
the
death
penalty,
and
we
need
to
start
treating
it
that
way.
This
system
of
punishment
is
not
working
the
way
we
think
it
should
and
the
only
way
we
can
stop
it
from
making
mistakes
we
won't
be
able
to
fix,
is
by
passing
ab395
and
abolishing
the
death
penalty
in
nevada.
Thank
you.
So
much
for
your
time.
C
Thank
you
for
your
testimony.
At
this
time,
I
am
going
to
close
testimony
in
support
of
assembly
bill
395.
I
recognize
that
there
are
quite
a
few
people
that
are
still
on
the
line.
In
wanting
to
testify
in
support,
I
will
encourage
all
of
those
people
that
are
still
on
the
line
to
reach
out
to
the
committee
members,
as
well
as
submitting
their
comments
in
writing
within
24
hours
of
this
hearing.
C
At
this
time
we
are
going
to
shift
into
opposition
testimony.
I
have
allowed
four
individuals
to
testify
in
opposition.
I
will
allocate
that
same
amount
of
time
that
I
did
for
testimony
and
support
in
opposition.
There
are
four
individuals
that
are
here
to
testify
in
opposition.
Like
I
said
on
the
zoom,
I
am
going
to
give
them
some
a
little
more
leeway
outside
of
that
two
minutes
to
allow
them
to
expand
on
their
position.
C
Have
one
person
direct
the
answer,
the
question
instead
of
doing
this
round
table
around
the
robin
kind
of
like
everyone
answer
the
question,
and
so
with
that
I
will
ask
our
people
in
opposition
to
please
turn
on
their
cameras,
and
I
will
do
you
have
a
particular
order
that
you
wanted
to
present
in
I'm
looking
here,
I
see
mr
ingram,
mr
wilson,
I
believe
mr
hicks
is
also
on
the
line.
Is
that
correct
gentlemen?
Did
you
have,
and
I
think
miss
weckerly?
Is
she
on
here
as
well?
C
K
Thank
you,
madam
vice
chair.
This
is
tyler
ingram.
I
am
the
elko
county
district
attorney
and
I
also
am
the
president
of
the
nevada
district
attorney's
association,
which
is
made
up
of
all
17
nevada's
elected
vas,
I'm
here
in
opposition
to
ab395
on
behalf
of
elko
county
da's
office
and
the
association.
K
I've
been
a
prosecutor
for
over
10
years,
so
I
don't
speak
before
you
today,
pretending
that
I
have
more
lawyer
experience
than
some
of
you
in
the
room
or
at
your
houses,
and
I
don't
have
more
experience
than
mr
hicks
from
washoe
county
or
mr
wolfson
from
clark
county.
However,
I
do
imagine
that
I
have
more
rural
prosecution
experience
than
most
people
attending
this
hearing
today.
K
K
We
do
not
indiscriminately
apply
the
death
penalty,
despite
some
people's
belief.
We
are
not
rogue.
We
may
be
different
in
some
ways,
but
we
aren't
self-righteous
vigilantes
who
abuse
the
legal
process.
We
are
kind,
we
are
understanding
and
we
are
every
bit
as
confident
as
every
other
lawyer
in
this
state.
We
are
not
hard-nosed.
We
are
not
bulldog.
We
are
advocates
just
the
same
way
that
defense
attorneys
are
advocates
during
time.
K
In
my
time
with
elko
county,
our
office
has
reviewed
at
least
10
cases
for
death
penalty
decisions
and
have
pursued
the
death
penalty
in
two
of
those
cases,
with
the
possibility
of
adding
a
third
in
the
near
future.
Those
three
examples
represent
cases
that
are
unthinkable,
barbaric
and
devastating
for
our
entire
community.
K
Even
if
we
accept
that
as
true
those
who
make
that
argument
seem
to
overlook
the
fact
that
that's
not
the
end
of
the
line,
we
as
prosecutors
also
weigh
the
aggravating
factors
against
those
mitigating
factors.
In
making
our
decision
to
seek
the
death
penalty,
my
office
chosen
at
least
six
of
the
death
penalty
eligible
cases
that
we
could
not
ethically
ask
a
jury
to
impose
a
death
penalty,
because
we
didn't
believe
that
the
aggravating
factors
outweighed
the
mitigating
factors.
K
Likewise,
if
we
to
seek
the
death
penalty,
there
is
yet
another
check
on
its
imposition.
A
jury
must
carefully
weigh
aggravating
and
mitigating
factors.
If
a
jury
decides
that
it's
appropriate
punishment,
then
I
respectfully
believe
that
lawmakers
shouldn't
second
guess
the
careful
consideration
from
jurors
who
made
the
decision
on
behalf
of
their
community.
K
After
hearing
all
the
evidence,
I
wish
people
understood
and
gave
prosecutors
credit
for
the
fact
that
we
have
just
as
much
of
an
obligation
to
perfect
excuse
me
protect
a
defendant's
constitutional
and
statutory
right,
as
there
are
defense
attorneys
do
when
we
take
that
responsibility
seriously
in
making
a
decision
on
whether
to
pursue
the
death
penalty,
I
nearly
always
ask
for
the
victim's
family's
input.
That's
an
uncomfortable
talk
to
have.
I
witnessed
firsthand
nearly
all
perspectives
about
the
death
penalty
from
those
family
members.
K
Some
think
that
nothing,
but
the
death
penalty
would
be
justice
and
others
believe
that
life
in
prison
is
justice
to
them
again
in
reviewing
the
minutes
from
last
session
on
a
similar
bill,
an
argument
that
imposing
the
death
penalty
does
nothing
to
provide
justice
or
closure
to
a
family.
It's
just
simply
too
much
of
a
generalization.
K
How
can
any
one
person
individually
proclaim
that
it
isn't
justice
for
the
rest
of
the
victims,
families
respectfully
we
don't
have
that
right.
Individualism
should
be
embraced
and
we
should
not
second
guess
their
feelings.
Removing
the
death
penalty
will
undoubtedly
remove
that
option.
For
those
who
feel
like
the
death
penalty
is
justice.
K
K
Please
do
not
make
the
cost
of
the
death
penalty
the
most
important
factor
in
a
time
when
it
seems
that
we
are
focused
on
decriminalization
and
lessening
punishment
for
criminal
behavior.
Let's
not
forget
that
there
is
value
in
justice
and
there
is
value
and
punishment
without
regard
to
monetary
costs.
Thank
you,
madam
chair.
Vice
chair.
C
Thank
you,
mr
ingram.
I
believe
next
we
have
mr
wilson.
R
I
am
the
clark
county
district
attorney
and
on
behalf
of
the
clark
county
district
attorney's
office,
we
oppose
this
bill
and
I
want
to
talk
about
the
reasons
why,
rather
than
rehashing
the
same
debate
in
polarizing
absolute
terms,
I
suggest
that
the
perceived
defects
in
the
administration
of
the
death
penalty
be
addressed.
In
practical
terms.
My
preference
for
this
is
based
on
two
beliefs.
R
First,
I
believe
the
death
penalty
should
be
an
available
punishment
option
here
in
nevada.
The
events
of
one
october
and
more
recent
tragedies
in
colorado
and
georgia
reinforce
this
belief.
Yes,
october
1
2017
was
a
day
that
will
forever
live
in
infamy
an
evil
person
murdered
60
people.
Yes,
60
people
not
like
8
in
georgia,
not
like
10
in
colorado.
R
R
We
seek
the
death
penalty
in
killings
involving
children
where
extreme
torture
or
mutilation
is
involved
or
where
there
are
multiple
decedents.
We
don't
make
these
decisions
lightly.
The
criminal
justice
system
relies
upon
graduated
punishment
and
if
the
appropriate
punishment
for
a
single
murder
is
life
without
parole,
how
do
you
punish
a
person
who
commits
multiple
murders?
R
R
If
a
person
drives
while
impaired
with
no
accident
or
injury,
it's
a
misdemeanor
dui.
However,
if
a
person
drives
and
engages
in
the
same
behavior
and
causes
substantial
bodily
injury
or
death,
the
charge
is
elevated
to
a
felony.
Another
example
is
the
crime
of
battery.
If
a
person
uses
force
against
another
person,
it's
a
misdemeanor
battery.
However,
if
that
same
person
uses
force
against
a
person,
they
have
a
special
relationship
with
it
constitutes
domestic
battery
with
increased
punishments.
R
Another
example
is
the
category
of
theft.
Crimes
based
upon
the
amount
stolen,
a
person
can
be
charged
with
a
misdemeanor
gross
misdemeanor
or
felony.
Another
example
is
burglary:
we
differentiate
between
commercial
and
residential
burglaries
and,
finally,
the
crime
of
sexual
assault.
If
a
person
commits
a
sexual
assault
upon
another
adult,
there
are
certain
penalties.
R
R
The
crime
of
murder
should
be
no
different
if
we
abolish
the
death
penalty
and
a
person
who
is
convicted
of
first-degree
murder
can
only
be
sentenced
in
two
ways:
life
with
or
without
the
possibility
of
parole.
That's
not
right.
That
is
why
we
have
the
graduated
punishment
of
the
death
penalty
for
those
who
fall
into
the
category
of
the
common
phrase
which
is
used
by
so
many,
including
myself,
the
worst
of
the
worst,
because
there
are
differences
between
perpetrators
and
crimes.
R
R
R
R
Another
concern
I've
heard
is
that
too
many
cases
are
capital.
Personally,
I
have
filed
far
fewer
death
notices
than
other
clark
county
district
attorneys.
I
strongly
believe
that
the
death
penalty
should
be
reserved
for
the
very
rare
and
extreme
circumstances.
That's
what
I've
done
in
my
almost
10
years
as
being
the
district
attorney
here
in
clark
county.
In
fact,
last
year
we
only
filed
two
notices
of
intent
to
seek
the
death
penalty,
and
I
want
to
remind
this
committee
that
we
don't
impose
the
death
penalty
prosecutors
file,
the
notice,
giving
the
jury
the
option.
R
If
one
holds
the
opinion
that
the
death
penalty
is
morally
untenable
under
any
circumstance,
these
suggestions
will
not
be
persuasive,
but
if
there
is
a
genuine
concern
about
the
application
of
the
death
penalty
versus
the
idea
of
it,
the
solution
is
to
engage
and
refine
the
law,
not
abandon
and
option
the
voters
support.
Thank
you.
S
S
S
A
recent
2021
poll
that
was
referenced
in
the
support
section
of
this
bill
conducted
in
nevada,
found
that
36
percent
of
nevadans
believe
the
death
penalty
is
the
most
appropriate
penalty
in
every
first-degree
murder
case.
That's
despite
its
sparing
and
judicious
use
by
prosecutors.
S
Those
cases
represent
the
worst
of
the
worst
in
just
one
percent
of
the
murder
cases
prosecuted
in
that
same
time
frame
as
you
contemplate
this
bill,
I
think
it
is
important
that
you
consider
what
these
murderers
did
on
september.
14,
2006,
tamir
hamilton,
raped,
tortured
and
murdered
a
16
year
old
girl
named
holly,
quick
in
her
own
bedroom.
S
He
took
his
time
he
stabbed
her
over
40
times
and
nearly
decapitated.
Her
ollie's
mom
found
her
the
next
morning,
two
weeks
before
that
hamilton
repeatedly
and
violently
raped
a
20
year
old
girl,
a
jury
sentenced
him
to
death
in
2017
and
early
2018
james
bela
committed
a
series
of
rapes
on
young
college
girls
in
reno
nevada.
S
S
S
It
is
currently
alleged
that
in
january
of
2019
wilbur
martinez,
guzman
violently
murdered
four
people
in
their
homes.
In
northern
nevada.
Over
a
seven
day
span,
connie
koontz
was
shot
in
the
home.
She
shared
with
her
87
year
old
mother,
who
found
her
body
sofia,
rankin
age
74
was
shot
multiple
times
in
her
home,
where
she
lived
alone.
S
Lastly,
sherry
and
jerry
david
age,
80
and
81
were
shot.
Multiple
times
in
their
ranch
home
in
reno,
my
office
in
the
douglas
county
da's
office
are
currently
prosecuting
this
case
and
plan
to
ask
a
jury
to
sentence.
Martinez
guzman
to
death
simply
put
some
crimes
are
so
heinous
and
inherently
wrong
that
they
demand
strict
penalties
up
to
death.
S
Most
nevadans
recognize
this
principle
as
just
and
want
to
keep
this
option
when
sentencing
these
worst
of
the
worst
offenders,
contrary
to
what's
been
suggested
by
proponents
of
the
bill
today,
elimination
of
the
death
penalty
will
not
create
a
windfall
of
savings.
The
death
penalty
is
sought
so
infrequently
that
the
cost
difference
will
be
minimal.
S
Moreover,
the
state
lcb
audit
that
you've
heard
about
today
done
in
2014
was
misleading.
Prosecutors
did
participate
in
that
audit.
That
audit
was
based
on
unverifiable
estimates
and
attempted
to
quantify
costs
that
exist
in
county
budgets.
Whether
there
is
a
death
penalty
or
not
in
fact,
ab-395
will
waste
money
as
it
will
render
useless
the
860
thousand
dollars
this
legislature,
appropriated
just
three
sessions
ago
to
build
a
new
facility
where
lethal
injection
can
be
administered.
S
S
We
have
a
state
pardons
board
that
is
comprised
of
the
are
elected
supreme
court,
justices,
our
governor
and
our
attorney
general,
and
they
regularly
consider
the
commutation
of
life
without
murder
sentences.
Just
last
week,
my
office
argued
a
case
in
front
of
the
pardons
board
where
they
were
considering
commuting
a
life
without
the
possibility
of
parole,
first
degree,
murder
sentence
to
life
with
the
possibility
of
parole.
My
point
is:
life
in
prison
is
not
necessarily
life
in
prison.
S
The
policy
of
our
state
should
be
to
uphold
the
rule
of
law
and
respect
our
court-ordered
sentences.
The
victims
of
these
heinous
crimes
deserve
it.
Moreover,
we
should
not
overlook
the
reality
that
these
victims
will
not
be
the
last.
It
is
a
terrible
fact
that
there
will
be
more
victims
and
they
all
deserve
justice.
Thank
you.
C
Thank
you,
mr
hicks,
and
you
you
had
mentioned
something
about
this:
the
lcd
prepared
financial
audit,
so
I
would
encourage
all
of
our
members
to
go
back
and
look
at
that.
You
know
I.
I
don't
necessarily
agree
that
our
lcd
staff
did
not
do
their
jobs
appropriately,
so
I
would
encourage
everyone
to
go
back
and
look
at
those
documentation
on
their
own
and
and
just
for
our
members.
N
Morning,
thank
you.
My
name
is
pam
weckerly.
I
am
the
team
chief
of
the
clark
county
district
attorney's
office,
major
violators
unit.
I
supervise
the
prosecution
of
murder
gang
and
gun
crimes
cases.
My
personal
caseload
consists
entirely
of
murder
cases,
as
was
raised
this
morning
by
numerous
speakers
in
support
of
the
bill.
The
cost
of
the
death
penalty
or
capital
punishment
is
often
raised
as
a
reason
to
abolish
it.
N
Second,
in
preparing
for
this
hearing,
I
read
the
minutes
from
the
2017
hearing
on
the
death
penalty
and
many
references
were
made
to
the
2014
audit
of
the
cost
of
the
death
penalty.
In
fact,
I
was
actually
interviewed
in
2014
by
auditors
and
I
sincerely
believe
the
auditors
were
honestly
trying
to
produce
an
accurate
result
for
the
legislature
to
make
a
decision.
N
N
As
a
trial
lawyer,
my
concern
is
proving
my
case
beyond
a
reasonable
doubt
whether
it's
capital
or
not
so
the
hours
I
spend
in
preparation
are
devoted
to
meeting
that
burden.
I've
spent
countless
hours
on
cases
that
I
ultimately
had
to
negotiate
to
an
involuntary
manslaughter
charge
which
carries
a
penalty
substantially
less
than
the
death
penalty.
N
They
do-
and
I
can
tell
this
committee
that
no
one
I
work
with
minimizes
or
dismisses
the
gravity
or
solemnity
of
the
prosecution
of
a
capital
trial.
Those
cases
weigh
on
us
as
prosecutors,
but
if
the
question
is
about
working
hours,
there
is
no
easy
calculation
based
on
whether
the
case
is
capital
or
not.
The
inconvenient
truth
is
that
all
cases
are
different
due
to
the
facts
and
the
level
of
proof
presented.
N
The
good
news
for
taxpayers
in
clark
county
is
that
I
am
a
salaried
worker.
I
get
paid
the
same
amount,
whether
I
work
40
hours
or
100
hours
in
a
particular
week,
so
I
don't
cost
the
taxpayers
any
more
money
if
I'm
prosecuting
a
capital
case
or
not.
The
same
is
true
for
my
colleagues
on
the
defense
side
at
the
public
defender's
office
and
special
public
defender's
office.
N
They
have
explained
that
this
means
that
they
must
trace
their
clients,
personal
history,
from
birth.
To
the
point
of
the
murder,
in
an
effort
to
spare
a
client
the
maximum
punishment,
I
have
been
involved
in
several
of
these
hearings
and
I
can
attest
to
the
dedication
and
work
put
forth
by
defense
attorneys
in
these
mitigation
cases.
N
N
Every
mitigating
circumstance
would
be
just
as
important
if
sentencing
as
death
penalty
weren't
an
option,
and
if
that
is
the
case,
there
would
be
no
or
very
little
cost
savings.
The
mitigation
case
would
be
to
avoid
life
without
the
possibility
of
parole
rather
than
death,
and
no
savings
would
result.
N
N
N
D
D
E
E
When
you
get
the
phone
call
that
your
loved
one
has
died,
the
first
thing
you
think
is
a
car
accident
or
heart,
or
what,
when
my
father
called
me
about
my
brother's
death,
he
couldn't
even
speak.
He
was
so
overwhelmed.
It
took
a
while
for
me
to
find
out
what
in
the
world
happened
to
my
brother,
he
was
working
in
a
logging
industry
as
a
scaler.
He
worked
at
a
place
that
was
a
very
small
town.
E
The
there
was
a
man
there
that
was
reckless
in
his
work
and
it
was
putting
people's
lives
in
danger.
So
my
brother
was
asked
by
all
the
other
guys
to
write
the
blm
and
to
the
owner
of
the
lumber
company,
and
this
reckless
man
knew
my
brother
did
that.
Two
weeks
later,
my
brother
was
going
in
to
the
employee
parking
lot.
This
man
was
in
a
log
loader,
which
is
a
huge
vehicle
and
he
was
illegally
in
the
employee
parking
lot
with
that
vehicle.
E
E
D
F
The
system,
I
believe,
is
flawed
and
broken,
and
it
needs
to
be
fixed
in
order
to
work
in
the
appeals
and
the
constitutions
and
time
constraints
as
far
as
cost.
What
is
the
value
of
my
death?
Mom
connie
and
sophia
place
a
value
on
their
lives
if
you
can,
as
far
as
costs
I'm
going
to
refer
to
charles
madison
spent
40
years
in
the
california
correctional
system
and
the
cost,
it
would
have
been
easier
and
less
money
to
execute
him
I'll
mention.
F
I
was
also
a
correctional
officer
in
the
penal
system
for
25
years,
work
in
investigative
services
unit
and
was
a
disciplinary
officer
for
muscle
years
and
I'll
tell
you.
These
people
have
no
remorse,
as
far
as
for
a
peace
of
mind
for
the
family,
the
person
serving
life,
knowing
that
they
can
communicate
and
have
a
social
fellowship
with
their
families
that
were
not
afforded
is
appalling.
C
Can
I
get
you
to
wrap
up
your
testimony
and
submit
any
additional
comments
in
writing.
F
D
E
Hello,
my
name
is
candy
rankin
r-a-n-k-I-n,
my
sister
connie
koontz
was
the
first
murder
victim
in
a
senseless
spree
that
ended
with
four
innocent
people
dead.
I
have
always
been
in
favor
of
the
death
penalty
and,
if
any
case
truly
justifies
that
sentence,
this
would
be
it
when
a
grown
person
makes
the
choice
to
kill
four
people.
That
is
the
ultimate
selfish
act
and
should
be
penalized
as
much
as
the
law
allows.
E
E
Your
children
aren't
supposed
to
die
before
you
having
to
call
my
brother
and
tell
him
that
his
baby
sister
was
shot
and
killed
for
the
purpose
of
drug
money
was
the
worst
thing
I've
ever
had
to
do.
Connie
has
a
daughter
madison,
who
was
only
21
when
her
mother
was
murdered.
They
were
the
best
of
friends.
Did
everything
together
spoke
every
day
and
had
a
love
for
disney
that
I
have
never
seen
before
why
the
death
penalty
people
ask
because
a
murderer
who
feels
that
they
are
justified
in
taking
someone
else's
life.
E
E
D
E
Carolyn
sullivan,
u
l,
I
v
a
n,
my
husband
police
sergeant,
george
sullivan,
was
brutally
killed
in
the
line
of
duty
in
1998..
Please
understand
some
of
the
details
of
this
murder.
Siosi
venisi
stalked
george
waiting
for
a
moment
when
he
was
alone
as
george
exited
his
vehicle.
The
nietzsche
used
a
hatchet
and
hit
george
about
the
head
and
neck
25
times.
Think
about
that
25
times.
That's
rage
and
hatred.
Can
you
imagine
what
george
must
have
looked
like?
Did
he
have
a
face
left?
The
argument
here
is
that
ab395
will
save
money.
E
If
you
are
concerned
about
cost,
then
fast
track
the
death
penalty
cases
that
legislation
was
passed
many
years
ago,
but
the
legislature
never
funded
it
fast
tracking
would
be
the
deterrent
that
is
a
cornerstone
of
the
law.
Georgia's
murder
was
particularly
egregious
not
just
because
of
the
violence,
but
this
crime
was
planned
well
in
advance,
sayosi
bragged
to
his
family,
about
killing
a
cop
for
several
days.
Prior
the
night
before
he
killed
george,
he
was
out
stalking
police
officers,
who
appeared
to
be
in
a
vulnerable
position.
E
Investigators
also
reported
notches
in
the
doorway
of
his
home,
where
he
had
been
practicing
with
a
hatchet.
He
is
a
very
smart
man
when
apprehended
he
had
a
physics
book
in
his
backpack.
He
is
calculating.
He
wore
a
wig,
the
night
of
the
murder
trying
to
conceal
his
identity
in
23
years.
He
has
not
taken
responsibility
for
his
actions.
He
knew
right
from
wrong.
After
killing
george,
he
stole
his
weapon
and
duty
belt,
including
his
police.
E
E
In
a
bag
covered
in
george's,
blood
could
vinici
kill
again,
while
in
the
general
population
of
prison,
a
prisoner
or
a
correctional
officer,
he
was
violent
time
and
time
again
in
the
washoe
county
jail
both
after
his
arrest
and
again,
while
awaiting
trial,
a
special
team
from
the
jail
was
forced
to
subdue
him
just
to
move
him
around
within
the
facility.
He
attacked
the
officers
time
and
again.
E
If
you
have
the
stomach
for
it,
pull
the
venezi
file.
Look
at
the
pictures
taken
at
the
scene
of
the
end
at
the
autopsy,
then
imagine
someone
you
love
suffering
25
blows
with
a
hatchet
to
his
head
face
and
neck.
Some
murders
are
so
heinous
that
only
punishment
should
only
punish
meant
should
be
a
final
elimination
for
society
for
the
protection
of
her
citizens.
E
D
Q
J-E-N-N-I-F-E-R-O-T-R-E-M-B-A,
I
am
here
in
opposition
of
this
bill.
I
would
like
to
tell
you
about
my
precious
daughter,
alyssa.
She
was
my
oldest
of
three
girls
and
my
world
was
shattered
when
she
was
brutally
murdered
september.
2Nd
of
2011
alyssa
was
walking
home
from
borrowing
a
textbook
from
a
friend.
Q
It
was
6
38
pm
when
she
texted
me
that
she
was
walking
home
and
her
phone
was
going
to
die
that
she
would
be
home
within
a
half
hour
exactly
30
minutes
later
I
text
her
and
there
was
no
response.
I
called
the
no
answer
and
I
immediately
started
searching
for
my
15
year
old
daughter
in
nearby
parks,
and
I
talked
to
anyone
I
could
see
to
see
if
they
had
seen
alyssa.
Q
Q
He
had
left
his
home
with
a
knife
from
his
kitchen.
He
spotted
her
walking
and
he
proceeded
to
follow
her
for
a
couple
of
blocks
before
he
attacked
he
kidnapped
her
dragging
her
out
into
the
desert
lot.
The
uneven
terrain
and
bushes
made
it
so
that
no
one
could
see
them
as
he
sexually
assaulted
her
and
then
raped
her.
Q
Q
Q
A
Q
Of
our
lives
were
affected
by
the
decision
of
this
stranger.
It
has
divided
a
family,
it's
created
physical
and
mental
health
problems,
causing
ending
nightmares
anxiety,
problems
and
much
more.
But
in
the
midst
of
the
ongoing
struggles,
we
continued
to
cling
to
the
belief
that
justice
would
prevail.
E
C
Q
C
C
Q
Q
Days
after
that,
death
that
I
appeared
before
this
committee
to
testify
on
behalf
of
justice
for
my
daughter,
I
believed
that
it
had
finally
prevailed
and,
although
he'd
not
killed
it
before
at
his
own
admission,
he
had
assaulted
and
raped
before
and
alyssa
wasn't
his
first
victim,
but
I
thought
she
would
be
his
last.
However,
the
media
reported
last
year
that
he
stabbed
another
inmate,
sending
him
to
the
hospital
and
then
put
on
life
support.
Q
Q
Death
is
a
fair
sentence
for
what
he
chose
to
do
that
day.
I
waited
five
and
a
half
years
for
justice
for
my
daughter
and
if
I
have
to
continue
to
fight
politicians
for
the
rest
of
my
life
to
ensure
that
justices
is
served,
then
I
will
do
that.
Thank
you.
C
C
Thank
you,
and
just
for
the
record.
I
did
a
lot
for
40
minutes
in
testimony
in
support
of
assembly
bill
395,
and
we
are
right
at
44
minutes
for
testimony
and
opposition
of
assembly
bill
395
this
time
broadcast
services.
Can
we
go
to
the
line
and
test
to
receive
testimony
in
neutral
of
assembly
bill
349.?
C
D
D
F
While
it
may
come
as
a
surprise
to
some
that
I
would
or
that
anyone
could
be
neutral
on
such
a
hot
subject
matter
for
our
state,
I
indeed
come
that
way
for
a
number
of
reasons.
First
of
all,
I
am
a
criminal
defense
attorney,
who
is
rule
250
qualified
to
do
capital
defense
work
and
have
been
doing
such
since
the
1990s.
F
I
was
one
of
the
litigators
involved
in
a
case
in
the
nevada
supreme
court,
which
overturned
the
three-judge
panel's
ability
to
impose
a
death
sentence
which,
unfortunately,
was
not
applied
retroactively,
but
did
start
from
december
2002
forward,
leaving
it
to
juries.
The
reason
I
come
before
this
committee
today
in
neutrality
is
simply
because
it
leaves
so
many
challenges
of
our
prison
and
punishment
and
district
attorney
abuses
that
all
add
up
to
a
broken
system
unanswered.
F
We
heard
testimony
in
opposition
today
that
says
that
this
is
reserved
for
the
worst
of
the
worst,
but
we
understand
that
the
worst
of
the
worst
is
an
undefined
term
and
gives
unfettered
power
to
the
government.
They
say
it's
used
judiciously,
but
there
are
so
many
examples
of
crimes
themselves
that
are
worse
than
those
that
were
given
as
examples
where
the
death
penalty
was
not
imposed.
Indeed,
all
first-degree
murder
cases
are
eligible
for
the
death
penalty.
F
So,
while
I
applaud
the
efforts
to
reign
in
and
create
a
fix
by
ending
the
inappropriate
killing
of
the
incarcerated,
the
the
measure
itself
does
not
address
the
bigger
issues
regarding
the
misuse
and
misconduct
of
not
only
the
death
penalty,
but
many
of
the
schemes
of
punishment.
F
Indeed,
what
I
have
not
heard
discussed
today
is
the
fact
that
the
issues
of
babson,
violation
or
jury
selection,
which
is
inappropriate
based
on
racial
concerns,
is
is
not
out
of
the
picture
for
the
death
penalty,
but
in
fact,
is
indeed
very
much
so
at
the
forefront
of
it
and
many
convictions.
Mr.
C
Mr
figler,
mr
figler,
I
I'm
going
to
go
ahead
and
stop
you
right
now.
Your
testimony
right
now
is
not
added
information
on
the
bill.
Right
now
we
are
taking
neutral
testimony
in
on
ab395.
C
I
would
ask
you
to
call
in
this
seems
more
like
public
comment
on
the
general
justice
system
and
some
of
the
failures
that
you
see
and
that
would
like
to
highlight
so
at
this
time
I
will
re-categorize
your
comment
as
public
comment
for
our
record,
and
if
I
can
ask
you
to
finish
up,
you
do
have
a
couple
more
seconds
in
your
testimony.
F
I
appreciate
that
and
it's
a
nuanced
distinction-
and
I
and
I
appreciate
your
your
comments
on
that
assemblywoman.
Ultimately,
I
think
that
the
the
death
penalty
and
many
of
the
the
systems
of
punishment
are
untenable
as
it
exists.
We
talk
in
this
bill
about
the
default
of
life
without
the
possibility
of
parole,
which
also
has
issues
not
addressed
by
by
this
particular
bill,
and
and
also
the
misuse
of
the
death
penalty,
which
has
not
been
discussed,
which
is
also
at
the
heart
of
this
bill.
F
F
No,
I
appreciate
that
I'm
just
saying
by
default.
We
do
need
to.
D
F
Cyrus
hogan
c-y-r-u-s-h-o-j-j-a-t-y.
I
just
want
to
give
general
comments
about
death
penalty.
Is
it
okay
to
do
that
now.
C
You
know
what
mr
cyrus
can.
I
have
you
call
back
in
public
comment.
C
C
C
D
C
Thank
you,
and
with
that
I
am
going
to
open
this
back
up
to.
I
know
that
we
had
some
pretty
substantial
testimony
in
opposition
by
the
four
district
attorneys
that
were
on
the
zoo.
I
know
that
they
are
there.
Hopefully
they
have
also
designated
one
person
to
be
the
person
to
answer
any
questions
or
at
least
limit
it
to
one
person
answering
each
question.
I
do
have
some
questions
in
the
queue
and
I
will
start
with
assemblywoman
hardy.
J
Thank
you,
madam
vice
chair
and
first
I
just
wanted
to
say
to
all
those
families
that
have
called
in
and
shared
their
stories
for
our
benefit.
I'm
sure
that
each
time
you
have
to
talk
about
what
happened
to
your
loved
one
and
friends,
it's
very
difficult,
and
so
my
heart
goes
out
to
you
and
thank
you
for
sharing
your
stories.
J
So
my
questions
to
the
da's
I've
just
been
kind
of
writing
down
what
was
said,
and
you
know
trying
to
understand
how
murder
cases
in
general
are
handled.
J
J
R
Yes,
we
conscientiously
look
at
every
case
on
an
individual
basis
and
we
look
at
the
circumstances
surrounding
the
offense,
the
nature
of
the
offense,
the
degree
of
brutality
or
senselessness.
If
you
will
we
look
at
a
person's
criminal
history,
we
look
at
whether
there
is
one
victim
or
multiple
victims.
R
So
we
look
at
a
myriad
of
issues
when
determining
whether
or
not
to
seek
the
death
penalty,
and
here
in
las
vegas
clark
county.
It
is
the
minority
of
cases
that
we
seek
the
death
penalty
a
fraction.
If
you
will,
I
think
I
said
in
my
opening
remarks,
that
last
year
we
only
filed
the
notice
of
intent
on
two
cases
and
the
previous
years
were
numbers
around
eight
or
ten
of
the
many
many
murder
cases
which
we
do
consider.
R
J
J
And
also,
I
believe
you
mentioned
that
when
you
are
considering
charging
or
that
penalty,
you
do
discuss
with
the
victim's
family,
how
they,
how
they
feel
about
that
is
that
correct.
R
Yes,
I
I'll
follow
up
if
you
will
assemblywoman.
Thank
you
for
the
question.
It
is
very
common
for
us
to
meet
with
the
family
members
of
the
victims,
and
we
do
that
in
a
in
in
many
many
cases,
not
just
murder
cases,
but
in
particular
murder
cases
and
cases
involving
the
death
of
a
loved
one,
because
they
because
we
want
their
input,
and
I
would
say
that,
in
the
majority
of
cases
the
family
members
of
murder
victims
want
us
to
seek
the
death
penalty.
R
J
Thank
you.
I
appreciate
that,
and
you
know
these
are
big
decisions
and
appreciate
the
care
and
all
that
goes
into
this
and
then
my
final
comment,
which
I
think
he
covered
again
before
I
got
to
it,
was
the
prosecutors
aren't
imposing
these?
They.
It
is
just
a
notice
of
an
option.
That's
sent
to
the
jury.
Do
I
understand
that.
R
Exactly
right,
assembly
moment
steve
wolfson
again,
when
we
decide
to
seek
the
death
penalty,
it
is
one
of
the
options
given
to
a
jury.
If
the
ultimate
decision,
whether
to
impose
the
death
penalty
or
life
with
or
without
the
possibility
of
parole,
is
absolutely
up
to
the
jury.
J
Thank
you,
mr
wilson,
and
thank
you
bottom
vice
chair.
C
For
the
questions
no
problem
assemblywoman
hardy
next,
I'm
going
to
go
to
assemblywoman
summers,
armstrong.
B
B
R
Okay,
I
think
it
would
be
rare.
It
would
be
the
exception
that
if
the
family
was
so
feeling
so
strongly
that
we
not
file
the
death
penalty,
I
think
generally,
we
would
honor
that,
because
we
have
to
think
about
if
we
file
the
notice
of
intent
to
seek
the
death
penalty
and
the
accused
person
is
found
guilty,
and
we
go
to
a
penalty
hearing
that
the
family
members
would
express
the
same
feeling
to
a
jury
that
they
don't
wish.
R
B
R
Madam
assemblywoman,
I've
been
the
district
attorney
now
a
little
over
nine
years
and
we've
filed
notices,
perhaps
50
60
70
80
times
in
the
nine
years.
R
C
R
And
thank
you,
madam
vice
chair.
I
think
the
point
I'm
trying
to
make
is
that
the
victim's
input
is
important
and
we
consider
it
strongly,
but
there
are
some
cases
I
have
to
think
in
going
back
nine
years
where
there
were
multiple
victims
and
the
perpetrators
criminal
history
was
such
that
it
was
so
violent
that
we
believe
that
justice
required
us
to
give
that
option
to
the
jury
rather
than
fall
on
the
request
of
the
victims,
families.
R
You
know
these
are
tough
decisions
and
when
the
families
don't
want
a
particular
penalty,
it's
hard
to
go
against
what
they
want.
But
justice
is
what
controls
our
decision
and
if
it's
a
particularly
violent,
heinous,
multiple
defendant,
bad
criminal
history,
perpetrator,
yes,
I'm
not
going
to
say
we
haven't
done
what
you
suggested.
C
This
assemblywoman
summers,
armstrong:
do
you
have
any
follow-up
to
that.
B
Their
pain
disregards
their
their
interest
and
I'm
concerned
with
that,
because
it
seems
contradictory
to
what
we
heard
earlier
today
and
it
just
it's
very
concerning
to
me.
C
Yes
briefly,
because
I
do
want
to
be
able
to
have
district
attorney
hicks
as
well
as
ingram,
be
able
to
respond
if
they
have
any
comment
on
this
as
well.
R
Sure
real
quickly,
steve
wolfson
again,
my
ethical
obligation
is
to
seek
justice
and
a
victim's
family's
opinion
is
certainly
important.
But
I
also
have
the
and
the
other
members
of
my
community
to
consider
and
justice
is
a
broad
term,
but
in
seeking
justice
there
are
many
many
factors
that
go
into
a
decision
in
what
kind
of
prosecution
to
bring
and
what
kind
of
penalty
to
seek.
C
Thank
you,
mr
wilson.
Mr
hicks,
do
you
have
any
further
comment
on
whether
or
not
to
answer
assemblywoman
summers?
Armstrong.
I
just
want
to
make
sure
that
we're
encapsulating
the
entire
state
as
a
part
of
our
conversation.
S
Thank
you.
This
is
chris
hicks.
I
appreciate
you
asking,
I
don't
have
anything
to
add,
or
our
process
is
generally
similar
to
mr
wilkins.
We
always
consider
what
the
victims,
families
have
to
say,
and
in
every
death
penalty
case
I've
been
involved
in
in
my
career.
They
have
been
in
support
of
it.
I
would
also
add
one
thing
to
consideration
as
well
is
when
we
are
contemplating
whether
or
not
we're
going
to
seek
the
death
penalty.
S
K
J
You
so
much
vice
chairwin,
cecilia
gonzalez,
assemblywoman,
celia,
gonzalez
district
16.
For
the
record.
I
just
have
two
really
quick
questions,
but
I
also
want
to
definitely
re-iterate
what
my
colleague
stated
that
we
that
I
am
very
sorry
for
the
loss
of
the
families
and
commend
the
courage
that
they
had
to
speak
up
today.
In
today's
hearing
I
wanted
to
know
number
one:
can
someone
who
opposes
the
death
penalty
sit
on
a
death
penalty
case.
C
Why
don't
we
go
to
miss
wickerly?
Can
you
answer
that
question.
N
Sure,
good
morning
there
are,
there
are
exclusions
that
can
be
made
in
jury
selection
by
law.
If
someone
cannot
consider
the
death
penalty
under
any
circumstances,
they
are
not
qualified
to
sit
on
a
capital
jury
and
the
sort
of
the
opposite
side
of
that
is.
N
If
someone
believes
that
the
death
penalty
is
the
appropriate
punishment
in
every
case
of
first
degree
murder
and
will
not
consider
the
other
sentences
or
evidence
and
mitigation,
that's
presented
by
the
defense
side
in
making
that
determination,
they're
not
qualified
to
sit
on
the
jury
as
well,
as
I'm
sure
you
probably
suspect
we
want
jurors
who
are
open-minded
and
will
listen
to
everything,
that's
presented
before
making
a
decision
like
that,
because
it's
I'm
sure
it's
not
lost
on
you.
It's
a
weighty
decision.
You
know
that
they're
going
to
carry
the
rest
of
their
lives.
C
J
C
J
I
I
just
have
a
lot
of
concerns
when
we,
when
we
talk
about
juries
and
how
we
select
them,
but
I
recognize
that
that
is
definitely
not
a
conversation
for
today's
hearing
again
assemblywoman
gonzales
for
the
record
district
16..
So
I'm
also
curious
to
know
how
many
cases
has
the
state
sought
the
death
penalty
and
how
many
times
did
the
jury
come
back
with
death
and
then
how
many
times
of
those
were
cases
overturned?.
C
S
Thank
you
vice
chair.
This
is
chris
hicks.
I
don't
have
that
information
at
my
fingertips,
so
I
could
only
speak
to
washoe
county,
but
I
do
believe
we
can
get
that
to
the
committee.
C
K
R
Thank
you,
madam
chair.
I
don't
have
the
particular
numbers
right
now.
I
could
certainly
provide
them,
but
I
can
tell
you
that,
as
I
stated
before
in
my
more
than
nine
years
as
the
district
attorney,
I've
sought
the
death
penalty,
50
percent,
less
than
my
predecessor
did
for
the
many
years
he
was
the
da
and
then
again
last
year,
only
in
two
cases
now
the
number
that
the
jury
actually
returned.
R
I
don't
have
that
it's
a
again
a
fraction
of
those
where
we
file
the
notice,
but
I
can
certainly
provide
this
committee
with
the
actual
numbers
in
the
near
future.
A
I
Absolutely
and
I
provided
exhibits
for
the
committee
and
I
hope
miss
wikileaks
feel
free
to
check
my
numbers.
I
can
provide
case
numbers
for
everything
I'm
about
to
say.
Over
the
past
decade
since
january
1st
of
2010,
there
have
been
150
death
cases
that
resolve
37
verdicts,
resulting
in
16
impositions
of
the
death
penalty.
So
I
think
that
answers
the
question
for
clark
county
anyway,
when
it
goes
to
trial.
C
I
Yeah,
michael
simmon,
I
think
ms
wegerly
was
the
prosecutor
on
that
it
was
capital
the
first
time
around
and
it
was
not
guilty
in
the
in
the
second
trial.
It
was
no
longer
capital
because
death
penalty
was
off
the
table
by
the
time
of
the
second
trial,
which
is
a
hung
jury,
but
that
resulted
in
not
guilty
where
the
state
had
sought
the
death
penalty.
C
Thank
you,
and
I'm
just
doing
one
more
run
around
here.
Oh
also,
mr
coffee,
if
you
could
also
provide
that
like
written
documentation
that
you
might
have
for
the
committee
members
and
we
can
distribute
those
amongst
everyone
as
well.
C
Oh
okay,
okay,
and
so
I
will
direct
members
to
the
exhibits
that
were
presented
one
second,
I
I
think
that's
all
we
have
at
this
time.
I
have
a
lot
of
a
little
over
20
minutes
to
some
additional
questions.
So
at
this
time
I
will
turn
this
back
over
to
chair
yeager.
C
For
any
brief
closing
remarks.
A
C
That
would
be
fine
go
ahead.
Miss
coffee
or
mr
coffee.
I
Thank
you.
It's
it's
the
hair,
madam
vice
chair,
scott
coffee,
here
in
support
of
ab395,
I
think
by
now
the
problems
are
apparent
with
nevada's
death
penalty
system,
mr
valoria
talked
about
prosecutors
and
how
that
motivations
cannot
enter
the
judgment
as
to
whether
or
not
to
seek
a
death
sentence.
I
think
that's
definitely
true.
I
need
to
give
credit
to
mr
wolfson.
I
consider
mr
wolfson
a
friend
and
he
does
listen
to
us
present
mitigation,
which
is
a
nice
change
from
his
predecessor.
I
That
said,
I
don't
believe
that
the
filings
are
down.
I
don't
think
62
pending
cases
is
in
any
way
shape
or
form,
sparing
and
judicious
use
of
the
death
penalty.
That
is
number
the
number
one
ranking
of
pending
capital
cases
by
capita
in
the
country.
Out
of
three
thousand
counties
I
understand.
Last
year
we
only
filed
two
capital
cases,
but
in
retrospect
I
believe
that
has
as
much
to
do
with
covet
as
anything
else.
This
year
we've
already
filed
three.
I
The
average
under
mr
wilson's
administration
has
been
about
10
a
year
giver
to
give
or
take
with
highs
in
2017
when
they
filed
16..
So
I'm
fairly
aware
of
how
many
they
are
filing
the
vast
majority
of
these
cases,
despite
what
we've
talked
about,
the
need
for
the
death
penalty
with
multiple
homicides
are
not
multiple
homicides.
I
I've
heard
that
some
cases
simply
require
the
death
penalty,
and
I
understand
that
so
long
as
the
death
penalty
is
on
the
books.
I've
heard
that
it's
necessary
for
graduated
punishment,
but
the
truth
is
graduated
punishment
in
this
instance
is
an
absolute
myth,
because
we've
sent
161
men
to
death
row
and
we've
executed
one
involuntarily.
I
So,
whatever
label
we
put
on
these
cases,
they
are
in
effect
life
without
parole,
there's
nothing.
We
can
do
about
that.
I
agree
with
the
callers
and
my
heart
goes
out
to
all
the
callers
who
have
been
victims,
and
I
don't
want
to
minimize
anything
that
might
happen,
but
the
truth
is
if
we
promise
these
people
that
the
justice
of
the
death
penalty
is
coming,
we
have
made
a
false
promise
because
we
are
not
carrying
out
the
death
penalty.
I
I've
heard
discussions
that
we
need
to
fix
the
death
penalty,
but
the
truth
is
we've
tinkered
with
it
for
40
years
and
we've
not
been
able
to
fix
anything.
I
thought
it
was
interesting.
There
was
a
comment
concerning
the
death
chamber
that
we
haven't
used
it.
I
had
a
friend
that
once
told
me,
you
know
no
matter
how
far
you've
went
down
the
wrong
road.
It's
always
time
to
turn
back
and
I
think
that's
the
case
with
the
death
penalty
and
30
years
of
tankering.
I
We
talked
about
juries
and
the
juries
do
return
death
penalty
verdicts
and
the
need
to
respect
their
verdict.
But
the
fact
is,
these
juries
are
somewhat
tilted.
If
you
don't
believe
in
the
death
penalty,
you
cannot
sit
on
a
jury
which
disqualifies
nearly
50
percent
of
our
jury
pool.
In
addition,
even
the
people
that
are
pro-predisposed
to
the
death
penalty
returning
death
in
less
than
half
the
cases
so
on
on
top
of
everything
else.
I
As
far
as
juries
go,
the
jury's
running
for
juries
are
instructed,
in
a
capital
case
that
they
are
to
anticipate
that
capital
punishment
will
be
carried
carried
out,
that
the
person
will
be
executed,
and
that
is
simply
not
true.
They
don't
have
the
information
that
this
committee
had.
I
don't
want
to
take
anything
away
from
any
of
the
victims.
I
understand
the
desire
for
the
death
penalty
for
these
people,
but
the
fact
of
the
matter
is
we
are
not
executing
people
in
nevada
and
we
have
them
for
a
long
time.
I
I
heard
a
caller
mention
that
we
should
speed
up
the
appeals
process.
I
am
again
familiar
with
that
process,
but
it
hasn't
happened
when
the
federal
government
tried
to
speed
up
with
the
apdpa
in
1996,
I
it
didn't
speed
anything
up
and
we've
not
sped
anything
up.
California's
truth
and
sentencing
death
penalty
speed
up
act,
whatever
you'd
like
to
call
it
didn't
speed
much
up
either
in
closing
the
death
penalty
is
broken,
it's
been
broken
for
a
long
time.
I
N
N
A
Thank
you
so
much,
madam
vice
chair
members
of
the
committee
and
first
want
to
express
that.
I
appreciate
those
who
have
waited
on
this
and
have
shared
their
lived
experiences
with
us
as
a
committee.
That's
what
this
process
is
all
about,
and
I
really
appreciate
it.
A
I
have
an
email
that
I
just
wanted
to
share
a
part
of
it.
It's
from
jackie
crawford
who
spent
40
years
in
our
nevada
correctional
system,
including
the
former
director
of
corrections
for
the
state
of
nevada.
She
could
not
be
here
today,
but
I'm
just
going
to
read.
One
quote
that
she
wanted
me
to
convey.
She
did
testify
in
2017
on
a
similar
measure.
She
supports
the
bill.
She
said
in
my
professional
opinion.
The
death
penalty
only
deters
the
person
who
is
put
to
death.
A
A
C
Thank
you
and
thank
you
to
all
the
committee
members.
You
know
this
wasn't
the
easiest
hearing
to
hear
so
I
appreciate
everyone's
compassion
and
patience
as
we
move
through
this
bill.
So
at
this
time
I
will
close
the
testimony
and
the
hearing
on
assembly
bill
395
and
turn
it
back
over
to
chair
yeager.
A
Thank
you
so
much,
madam
vice
chair,
and
I
will
note
we
do
have
some
of
our
members
who
need
to
leave.
If
you
need
to
leave.
You
are
excused
from
the
meeting
and
I
think
we
will.
We
will
still
have
a
quorum
to
be
able
to
get
through
the
last
part
of
our
agenda.
So
thank
you
for
your
patience
this
morning.
That
takes
us
to
public
comment,
which
is
the
last
item
on
our
agenda.
So
just
by
a
reminder,
we
have
30
minutes
for
public
comment.
A
Public
commenters
will
have
two
minutes
on
the
public
comment
line.
Public
comments
have
time
to
raise
matters
of
a
general
nature
within
the
jurisdiction
of
the
assembly
judiciary
committee.
So
it
is
not
a
time
to
offer
your
views
on
the
bill
that
we
just
heard
bps.
Could
we
go
to
the
public
comment
line
and
see
if
there's
anybody
there
who'd
like
to
give
public
comment
this
morning.
D
D
F
I
just
want
to
talk
about
death
penalty
in
general.
I
think
my
biggest
issue
is
that
I
think
that
it
could
possibly
mean
that
somebody
could
be
falsely
accused,
and
I
just
think
that
that's
probably
one
of
the
reasons
why
it's
a
good
idea
to
just
get
rid
of
it.
I
think
sometimes
people,
regardless
of
what
time
they've
committed,
deserve.
Second
chances.
I
think
this
mass
incarceration
is
not
really
helping
the
people
who
deserve
punishment.
I
think
that
yeah
well
punishment
is
reasonable.
F
I
think
people
should
have
rehab
and
some
sort
of
counseling
to
improve
themselves
and,
as
far
as
I
know,
however,
one
of
the
consequences
of
abolishing
the
death
penalty.
You
know
this
could
backfire.
I
mean,
if
you
recall
what
happened
in
charleston
with
dylan
roof
about
five
six
years
ago.
If
we
were
to
abolish
the
death
penalty
and
let's
say
if
there's
severe
budget
cuts
and
these
people
go
free,
god
forbid.
Another
incident
could
happen
like
that
again.
F
So,
but
then
again
is
mass
incarceration.
Gonna
help
these
perpetrators
and
the
answer
is
not
really
so.
I
think
we
need
to
really
look
at
mass
incarceration
as
realizing
that
perhaps
that's
an
also
another
part
of
the
question
and
just
in
general
I
was
hoping
that
when
are
you
guys
going
to
have
like
town
halls,
because
I
really
would
like
you
guys
to
have
like
town
halls.
We
can,
you
know
meet
face
to
face,
or
we
can
just
perhaps
have
visual
conferences
where
people
can
just
call
in.
F
I
F
A
D
E
Anne-Marie
grant
a-n-n-e-m-a-r-I-e
g-r-a-n-t.
My
brother,
thomas
purdy,
was
murdered
by
reno
police
and
washington
county
sheriff's
office.
Like
george
floyd,
he
was
asphyxiated
to
death.
I've
been
watching
the
trial
of
the
officer
that
murdered
mr
floyd
and
I
have
to
say
it
you
know
it
is.
It
just
brings
back
the
trauma
of
watching
my
brother
be
asphyxiated
to
death.
E
While
the
officers
thought
enough
to
get
a
handheld
video
camera,
they
didn't
think
enough
to
call
an
ambulance
or
a
man
that
was
literally
laying
the
ground
was
literally
soaking
wet
with
his
sweat
when
they
lifted
him
up
off
off
the
ground,
as
he
was
begging
for
his
life.
Please
don't
do
this
guys.
Please
don't
do
this.
D
E
C
E
Police
murder
on
a
police
murder
of
a
community
member
unjustified.
We
need
some
law
changes.
Perhaps
if
these
officers
know
they're
going
to
go
to
jail
if
they
kill
somebody
they'll
think
twice
about
it.
Today,
marks
three
years
since
21
year,
old
nicola
sedano
was
shot
and
killed
by
reno
police.
He
was
unarmed.
Please
keep
his
family
in
your
thoughts
today.
Please
support
bills
that
promote
transparency
and
accountability.
A
D
E
Hi,
my
name
is
emily
driscoll
e-m-I-l-y.
E
D-R-I-S-C-O-L-L
assembly
wrap
glenn,
you
are
my
professor
bundes
and
I
am
also
in
senate
district.
Q
Three,
I
just
wanted
to.
E
E
E
395.
I
was
waiting
in
the
queue
to
be
called
and
our
testimony
was
called
off
early.
It
was
especially
disappointing
to
be
cut
out
to
have
support
testimony
cut
off
early
when
the
opposition,
all
the
da's,
got
ample
time
to
present
and
then
after
they
got
time
to
present,
they
got
to
answer
almost
every
single
question
that
was
asked
by
the
judiciary
committee,
I'm.
E
So
I
think
that
like
and
from
my
position
this
seems
like
really
a
restriction
of
our
of
our
civic
rights
like
we
should
have
enough
time
to
testify.
We
should
have
you.
Q
Know
the
fair,
a
fair,
fair
opportunity.
E
A
Thank
you
for
your
public
comment,
mr
school.
I
I
will
note
I
think
chair
vice
chair,
winn
noted
at
the
beginning
that
she
would
give
equal
time
to
support
and
opposition,
and
I
think
she
did
that.
I
think
it
was
40
minutes
for
support,
maybe
like
42
or
43
for
opposition.
So
at
least
from
my
standpoint,
I
think
it
was
a
fair
hearing
and
certainly
appreciate
that
not
everybody
was
able
to
testify
and
if
you
were
not
able
to
testify,
we
would
ask
you
to
submit
those
comments
in
writing.
A
D
A
Thank
you
so
much
bps
for
helping
us
to
manage
the
phone
lines
today
extra
duty.
There
were
a
lot
of
callers,
so
we
appreciate
it
I'll
close
public
comment
and
we've
lost
a
few
of
our
members
that
had
another
obligation,
but
anything
from
members
of
the
committee
who
are
still
with
us
this
morning
and
I
was
assuming
no
because
you're,
probably
all
ready
to
be
released
and
get
on
with
your
day.
A
If
you
have
questions
or
concerns
about
anything
on
the
work
session,
my
intent
is
to
do
the
work
session
first
tomorrow
morning
and
then
take
the
bills
and
then,
of
course,
we
have
an
agenda
out
for
friday,
we'll
be
meeting
at
8
a.m.
That's
enough
for
me.
Thank
you
all
for
your
hard
work
and
attention
this
morning.
I
will
see
you
back
here
tomorrow
morning
at
8
a.m.
This
meeting
is.