Death penalty moratorium suffers setback in panel

Erin Neff

Thursday, May 17, 2001 | 11:09 a.m.

CARSON CITY -- Death penalty legislation in Nevada has an uncertain future.

The Assembly Judiciary Committee on Wednesday voted against passing Senate Bill 254, a measure that, as amended, calls for a two-year moratorium on the death penalty while a study is conducted into alleged racial, socioeconomic and other biases.

That panel's chairman, Assemblyman Bernie Anderson, D-Sparks, said another vote is unlikely before Monday's deadline for committee passage.

But Sen. Mark James, the primary sponsor of the moratorium, chairs the Senate committee that is considering an Assembly bill to exempt mentally retarded people from death sentences. That measure could be amended to include the moratorium.

And even if the Assembly Judiciary Committee does nothing on SB254, a study of the death penalty could still be passed because of a bill Anderson has in the Assembly Elections, Procedures and Ethics Committee.

"I don't know what I'm going to do yet," a disappointed James, R-Las Vegas, said after the Assembly Judiciary vote.

James spent a portion of a racial profiling hearing in his Senate Judiciary Committee on Wednesday questioning the Assembly's motives.

"I find it somewhat incongruent that this bill comes flying out of the Assembly," James said during the hearing on Assembly Bill 500.

"We have presented incontrovertible evidence to the Assembly that we have racial profiling of the highest order in the death penalty in Nevada, and the Assembly can't seem to come forth with a bill that would stop that kind of racial profiling."

Assemblyman Wendell Williams, D-Las Vegas, who sponsored AB500, said he agreed with James that a moratorium on the death penalty should be imposed to allow for a study.

AB500 directs the Attorney General's office to work with law enforcement agencies to conduct a scientific study of traffic stops statewide to examine incidents of racial profiling.

"It's a no-brainer to look at the death penalty," Williams said. "AB500 only leads to strengthening the belief that the more serious end of the spectrum should be looked at three-fold."

James, who lauded Williams for his efforts regarding the racial profiling study, said he thought the Assembly "should do some self-examination" about the evidence, which suggests serious biases exist throughout Nevada's death penalty system.

Assemblywoman Sheila Leslie, D-Reno, who sponsored the mental-retardation exemption, said she supports James' bill and hopes he will pass her legislation on to the Senate floor.

"I'm disappointed that we're not going to have the opportunity to vote on the moratorium bill," Leslie said.

Assemblywoman Chris Giunchigliani, D-Las Vegas, who chairs the elections committee that decides on the types of studies that will be conducted between sessions, said her committee will consider study bills next week.