New Hampshire

New Hampshire could become next state to abolish the death penalty


April 10, 2014

CONCORD, N.H., April 10 (UPI) — New Hampshire, which has sentenced only one man to death since it reinstated the penalty, could become the next state to abolish it.

A bill repealing the death penalty that passed the state House of Representatives 225-104 was released Tuesday by the Senate Judiciary Committee in a 2-2 vote. The full Senate is expected to act on the measure next week in what is likely to be a close vote.

Gov. Maggie Hassan supports abolition and is expected to sign the bill if it gets to her desk. In 2000, then-Gov. Jeanne Shaheen, like Hassan a Democrat, vetoed an abolition bill.

New Hampshire reinstated the death penalty in 1991, after the U.S. Supreme Court found it to be constitutional while overturning most state capital punishment laws in the 1970s. But the state has not executed anyone since 1939 and has not set up an execution chamber for lethal injections.

The only inmate under sentence of death is Michael Addison, who was convicted of killing Manchester Police Officer Michael Briggs in 2006.

During Tuesday’s committee hearing, most of the speakers were pro-repeal. But Sen. Sharron Carson, the Republican chairwoman of the committee, said she feared Addison’s execution would be impossible if the bill becomes law, even though, as written, it would not commute any death sentences.

New Hampshire would be the 19th state to abolish the death penalty, along with the District of Columbia.

Legislatures in five states have repealed death penalty statutes adopted after the Supreme Court rulings, beginning with New Jersey in 2007. New Mexico, Maryland and Connecticut still have inmates under death sentence after abolition.

New Hampshire is the only New England state where the death penalty remains legal. Neighboring Maine abolished the penalty in 1887 and Vermont in 1964, while Massachusetts and Rhode Island had statutes on the books until 1984, when they were overturned by the court

Daylong hearing set in death sentence appeal – Michael Addison


November 13, 2012 http://bostonglobe.com

The state’s only death-row inmate will have his day in court — all day — when the New Hampshire Supreme Court hears arguments pertaining to his sentence.

Michael Addison was sentenced to death for fatally shooting a 35-year-old Manchester police officer, Michael Briggs, in 2006, when Briggs tried to arrest him on robbery charges.

The justices in Addison’s case will be deliberating the death penalty for the first time in more than 50 years — deciding, among other things, whether Addison’s sentence is just or was a product of passion or prejudice.

The justices will hear arguments in the case beginning Wednesday morning, holding four blocks of hearings that are scheduled to end at 3 p.m.

Court observers say the daylong hearing on Addison’s conviction and death sentence is unprecedented. A typical hearing before the justices lasts half an hour.

If his sentence is upheld and carried out, Addison — now 32 — would be the first convict executed in New Hampshire since 1939.

Former chief justice John Broderick, now dean of the University of New Hampshire School of Law, said the court, on occasion, has granted more time for arguments.

‘‘But an entire day? I don’t know of another case where that’s happened,’’ Broderick said.

Attorneys for Addison have raised 22 issues, with everything from the constitutionality of the state’s death penalty statute to the political ambitions of Kelly Ayotte, a former attorney general and current US senator, in their appeal.

Addison’s lawyers want the court to vacate his death sentence and order a new sentencing hearing. They stress that jurors determined Addison shot Briggs to evade arrest, but rejected the state’s argument that he shot Briggs with the intention of killing him.

Before Addison’s case could reach this point, the state Supreme Court first had to fashion the method it would use in weighing the fairness of his death penalty.

Addison’s lawyers argued his case should be compared with all other death penalty cases in this state and others, to test whether racial bias or other factors influenced his sentence. Addison is black; Briggs was white.

The only other New Hampshire capital case in decades to reach the penalty phase was that of John Brooks, who was convicted of plotting and paying for the killing of a handyman he suspected of stealing from him. A jury spared him a death sentence in 2008 — the same year Addison was sentenced to die.

But the court ruled in October 2010 that it would compare his death sentence with cases ­nationwide in which a police officer was killed in the line of duty.

The court stressed, in its 41-page ruling, that comparison cases do not have to precisely mirror the details of Addison’s case.

‘‘Ultimately, no two capital murder defendants are alike,’’ the ruling states. ‘‘Perfect symmetry and uniform consistency are not possible under a statutory scheme that requires juries to make individualized sentencing decisions based upon the unique circumstances of a case, given the nature of the crime and the character and background of the defendant.’’

Death Penalty Methods, State by State


The death penalty laws in each state and the District of Columbia. Six states with the death penalty have not had an execution since 1976: Connecticut, Kansas, New Hampshire, New Jersey, NewYork and South Dakota.
ALABAMA – Lethal injection unless inmate requests electrocution
ALASKA – No death penalty
ARIZONA – Lethal injection for those sentenced after Nov. 15, 1992; others may select injection or lethal gas.
ARKANSAS – Lethal injection for those whose offense occurred after July 4, 1983; others may select injection or electrocution.
CALIFORNIA – Lethal injection unless inmate requests gas.

COLORADO – Lethal injection.

CONNECTICUT – Lethal injection.

DELAWARE – Lethal injection.

DISTRICT OF COLUMBIA – No death penalty.

FLORIDA – Inmate may select lethal injection or electrocution.

GEORGIA – Lethal injection.

HAWAII – No death penalty.

IDAHO – Firing squad if lethal injection is”impractical.”

ILLINOIS – Lethal injection; electrocution authorized if injection is ever held to be unconstitutional.

INDIANA – Lethal injection.

IOWA – No death penalty.

KANSAS – Lethal injection.

KENTUCKY – Lethal injection for those convicted after March 31, 1998; others may select lethal injection or electrocution.

LOUISIANA – Lethal injection.

MAINE – No death penalty.

MARYLAND – Lethal injection for those whose offense occurred on or after March 25, 1994; others may select injection or gas.

MASSACHUSETTS – No death penalty.

MICHIGAN – No death penalty.

MINNESOTA – No death penalty.

MISSISSIPPI – Lethal injection.

MISSOURI – Lethal injection or lethal gas; statute leaves unclear whether decision to be made by inmate or director of state Department of Corrections.

MONTANA – Lethal injection.

NEBRASKA – Electrocution.

NEVADA – Lethal injection.

NEW HAMPSHIRE – Hanging only if lethal injection cannot be given.

NEW JERSEY – Lethal injection.

NEW MEXICO – Lethal injection.

NEW YORK – Lethal injection.

NORTH CAROLINA – Lethal injection.

NORTH DAKOTA – No death penalty.

OHIO – Lethal injection.

OKLAHOMA – Electrocution if lethal injection is ever held to beunconstitutional; firing squad if both injection and electrocution are
held unconstitutional.

OREGON – Lethal injection.

PENNSYLVANIA – Lethal injection.

RHODE ISLAND – No death penalty.

SOUTH CAROLINA – Inmate may select lethal injection or electrocution.

SOUTH DAKOTA – Lethal injection.

TENNESSEE – Lethal injection for those sentenced after Jan. 1, 1999; others may select electric chair or injection.

TEXAS – Lethal injection.

UTAH – Lethal injection; firing squad available to inmates who chose it prior to passage of legislation this year banning the
practice.

VERMONT – No death penalty.

VIRGINIA – Inmate may select lethal injection or
electrocution.

WASHINGTON – Lethal injection unless inmate requests
hanging.

WEST VIRGINIA – No death penalty.

WISCONSIN – No death penalty.

WYOMING – Lethal gas if lethal injection is ever held to be unconstitutional.