Mark left by James on death penalty

Erin Neff

Monday, June 3, 2002 | 11:05 a.m.

Former state Sen. Mark James will not be replaced on a subcommittee considering reforms of Nevada's death penalty system, but he may have already helped affect the outcome of the panel's findings.

Assemblywoman Sheila Leslie, D-Reno, who chairs the legislative subcommittee to study the death penalty and related DNA evidence, said James' questioning during the panel's first five meetings has had some influence.

"People certainly have a lot of respect for his legal mind," Leslie said. "And I enjoyed the questions he raised and the responses they elicited."

James resigned as a state senator last week to devote his time to a bid for the Clark County Commission.

On Friday the Legislative Commission ruled it was too late to replace James on the subcommittee, which has a final meeting June 12 in Carson City.

However, the commission did replace James on the committee studying medical malpractice problems, naming Sen. Mark Amodei, R-Carson City, to the spot. That committee has met only twice and is just getting started.

Leslie, who personally opposes the death penalty, thinks James could have had some influence on his Republican colleagues on the panel had he been a part of the final work session.

During that meeting the panel will decide which reforms it will recommend to the full Legislature. The Legislature, which convenes in February, does not have to accept the panel's recommendations.

James, who chaired the Senate Judiciary Committee, called for a moratorium on the death penalty during the 2001 Legislature pending a study of alleged problems with the system.

Although the moratorium did not pass, the subcommittee was approved to study the system.

Leslie thinks a recommendation from James would be easier for Sen. Mike McGinness, one of two other Republican senators on the panel, to accept. But she said she is confident McGinness, of Fallon, will be able to bring forward reforms that many said were needed during testimony in previous meetings.

Conservative Sen. Maurice Washington, R-Sparks, is ardently in favor of the death penalty and has appeared uncomfortable with reform discussion in past meetings. Sen. Joe Neal, D-North Las Vegas, advocates abolition of the death penalty.

In between are Assemblymen Dennis Nolan, R-Las Vegas, and Bernie Anderson, D-Sparks. Anderson, who chairs the Assembly Judiciary Committee, is open to reform, while Nolan has grilled certain witnesses advocating change.

The committee will consider 36 recommended reforms, ranging from abolition of the death penalty for juveniles or the mentally retarded to the elimination of some of the aggravating factors weighed during the penalty phase of a capital trial.

Leslie said she does not believe Nevada is ready to abolish the death penalty but believes ending the punishment for the mentally ill is likely, especially given the U.S. Supreme Court's decision expected later this month on that topic.

"If they come down and say it's cruel and unusual punishment, we will still have to modify their decision and make it Nevada law," Leslie said.

Leslie said she is not convinced that a Supreme Court ruling banning executions of the mentally retarded will make it any easier for Nevada lawmakers to pass other death penalty reforms -- such as banning the sentence for those 16 and under.

She believes some changes will be passed.

"We heard too much testimony to just walk away and say the system is fine," Leslie said.