EDITORIAL
Hawai'i must say no to death penalty

In a letter to the editor this week, state Sen. Willie Espero says he intends to submit legislation in the coming legislative session "to impose the death penalty on a criminal who sexually assaults and murders a minor."

It's not the first time death penalty bills have been floated at the Legislature, nor will it be the last.

Fortunately Gov. Linda Lingle is on record as opposing capital punishment. This newspaper has steadfastly opposed the death penalty in Hawai'i, in any form, for many reasons. Here are just two of them:

Kahealani case

Espero's bill may get a boost because of the recent murder of 11-year-old Kahealani Indreginal, which so thoroughly shocked this community. Never mind that sexual assault played no part in that case, nor that Espero's bill could not apply retroactively to Kahealani's murderer.

We'd suggest he's relying, nevertheless, on the heat of recent community outrage to propel his bill. Why else should it be so narrowly focused on crimes only involving victims who are sexually assaulted minors?

One problem with community outrage is that it creates pressure to find and punish the perpetrator quickly. That is why so many death row inmates are being exonerated and freed nationwide, including four who were released in Illinois this week.

The governor of that state was to announce today whether he will commute 140 death row inmates to life sentences.

But if Espero's bill becomes law, it will also be community outrage that quickly expands the death penalty to other crimes: murder of a police officer, murder committed by a prison lifer, murder by torture, etc.

It will be outrage that argues that the victim of one sort of crime is just as entitled to vengeance as that of another.

Inconsistent application

Another reason we oppose the death penalty is that its use is so incredibly inconsistent in this country. Texas was responsible for one-third of the executions last year, while other states either don't have the death penalty or have imposed moratoriums while they consider ending it.

We find it painfully inconsistent that the federal government would seek the death penalty in a double murder that occurred at Pearl Harbor. First, because Hawai'i is a state that doesn't have the death penalty. Had the crimes occurred off-base, that penalty wouldn't have been a possibility.

Second, because numerous defendants have been convicted in Hawai'i of arguably more heinous murders without facing the death penalty — e.g., Byran Uyesugi.

It's our sense that the nation's fascination with capital punishment has peaked since its resumption in 1977. States like Illinois are agonizing over the innocent prisoners they almost executed.

This is no time for Hawai'i to become involved in this ghastly business.