Column The anguish of the ultimate sanction
By ROBERT F. DRINAN
In 1986, Jonathan Nobles, while drugged, killed two women. He was
tried and sentenced to death by lethal injection.
But something extraordinary happened on the way to death row --
Nobles became a Catholic. He also met Bishop Edmund Carmody of Tyler, Texas.
Nobles asked him to be one of the witnesses to his execution. For two years,
the bishop and Nobles prayed the rosary together.
Nobles made great progress in sanctity during the years of his
incarceration. He fasted on the day of his death and asked for Holy Communion
as his last meal.
Carmody was with Nobles as he entered the death chamber. The
bishop and other witnesses held up their rosaries so that Nobles could see that
they were praying for him.
The bishop was profoundly affected by the execution. In an
interview with the Catholic newspaper of East Texas, Carmody described the
experience as brutal and contrary to every fiber of my
being.
Carmody related that Nobles in his years in jail had become a
third-order Dominican and was buried in the habit of that group, founded for
lay people aspiring to a deeper Christian life.
It is appalling to think that 3,517 people on death row will be
killed the way Nobles life was taken by the state. The spectacle defies
understanding. How did the United States come under the delusion that homicides
will be deterred by killing those who kill? There is no scientific or even
anecdotal evidence to prove deterrence.
But the struggle of Catholics at every level to abolish the death
penalty goes on. The Catholic bishops have denounced the death penalty on four
different occasions in the last 30 years; the Florida bishops have noted the
large number of persons on death row in that state and have condemned the death
penalty on six occasions in recent years.
The bishops of the state of Washington stated bluntly on Oct. 6,
1998, that if the death penalty were abolished society would make a
powerful statement reaffirming that God grants all people the opportunity for
... reparation for the evil done.
On Oct. 13, the Florida bishops urged all voters to cast their
ballots against a constitutional amendment that would elevate the death penalty
to a new status. They said the amendment would place new legal burdens on the
360 people on death row. The amendment was passed 70-30.
On Nov. 13-15, several organizations working against the death
penalty conducted an impressive symposium at Northwestern University on the
evils of capital punishment. Several men who had been sentenced to die and then
were vindicated presented compelling testimony on the possibilities for error
in the administration of the ultimate sanction.
In August the Leadership Conference of Women Religious and the
Conference of Major Superiors of Men adopted a joint statement urging a
moratorium on the use of the death penalty. The group cited the second optional
protocol of the United Nations Covenant on Civil and Political Rights by which
nations pledge to take all necessary measures to abolish the death penalty. The
U.S. ratified the convention but has not agreed to any optional protocol.
The American Friends Service Committee has scheduled a national
conference for all religious organizations against the death penalty. It will
occur April 8-11, 1999, in San Antonio. This follows up on the program
conducted on the death penalty by the Friends in Washington in 1997.
Underreported action against the death penalty from the religious
community, including Catholic, goes on. Chicagos Cardinal Francis George
protested the scheduled execution of Anthony Porter, who was reputed to have an
IQ of 51; the Illinois Supreme Court granted a stay of execution in order to
measure his fitness for execution.
But the bad news continues to accumulate. The number of federal
defendants charged with capital offenses has increased from 28 in 1993 to 153
in 1997. The legal costs to the American taxpayer for prosecuting each federal
death penalty case have risen to about $365,000.
In Massachusetts, a Republican governor, Paul Cellucci, was
elected Nov. 3, 1998. He is in favor of the death penalty and could see it go
into effect in the near future. The Catholic bishops and virtually all
religious groups in Massachusetts will continue their struggle against the
death penalty, although 70 percent of their citizens, including Catholics,
favor it.
Each person on death row has to experience the anguish that faced
Nobles in Texas, but few have the good fortune of having a friend whos a
bishop to help them find the grace to become a Catholic.
Death row inmates, 44 percent of whom are African-American, are
afflicted with intellectual and psychological disorders, often have inadequate
legal counsel and are treated as outcasts during the months and years
theyre locked up as animals.
Thirty-four of the convicts are women.
It should be noted that Nobles government -- our government
-- killed him Oct. 7, 1998, the feast of the Holy Rosary.
Jesuit Fr. Robert Drinan is a professor at Georgetown
University Law Center.
National Catholic Reporter, January 8,
1999
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