Uphill battle -- Death penalty repeal may be difficult

McCOOK, Neb. -- State senators advanced legislation Tuesday to repeal the death penalty in Nebraska and at least one official thinks the bill faces an uphill battle before becoming law.

The bill, LB 268, advanced out of select file with 30 votes in favor, 13 against and six either abstaining or absent. District 44 Sen. Dan Hughes was among the 13 opponents to the legislation and said this morning Gov. Pete Ricketts had indicated he would veto the legislation.

Supporters will need 30 votes to override the gubernatorial veto, however, maintaining that level of support may be difficult, according to Hughes. He said some senators commit support for a bill yet are unwilling to extend that support to a gubernatorial override, a game Hughes says he prefers not to play.

"Being coy with your vote is not how I operate," said Hughes.

Sen. Hughes said the cocktail of drugs used in state executions has historically been manufactured in Europe, coming from countries which abolished the death penalty years ago. Recently implemented export bans have eliminated the supply and left Nebraska and other states searching for options. Nebraska's supply of execution drugs has expired. Utah recently reinstated the firing squad.

Sen. Hughes indicated much of the support to abolish the death penalty came from legislators weary of the layers of delays and roadblocks placed on the death penalty process by opponents to the law.

"We are a nation of laws, have a process and need to follow that process to remove some of the hurdles that have been placed in front of us," said Hughes. He said advances in DNA testing had not only exonerated some placed on death row, but also increased the certainty that those remaining were guilty.

Hughes said none of the individuals exonerated in recent years were convicted in Nebraska and that same technology should serve as further proof the individuals on death row in Nebraska committed the crimes they were convicted of.

Sen. Hughes said he believed the death penalty served as a deterrent and those who choose to take the life of others should pay the ultimate price.

LB 268 was introduced by District 11 Sen. Ernie Chambers.