Life in the Fastlane

Things are moving fast, very fast. Only 5 days of session left and it seems as if someone just woke up and realized we are running out of time – things are moving at NASCAR speed.

I regret that I have not been able to keep up with blogging over the last 2 weeks. For some reason The Internets has been down at the hotel for over 3 weeks and it is next to impossible to find time during the day to slip away with my laptop and post info. I spent last weekend (the entire weekend) in bed fighting the bird flu and didn’t have enough energy to get caught up.

Enough with the excuses – we’ve all been there. Let’s get to updating.

I spent the majority of my time on Tuesday on two issues – death penalty and guns. I’d like to report that we spent time on healthcare for children, the elderly and disabled; education for kids in foster care; or low-income housing – but such is the nature of today’s General Assembly. Priorities are set by lobbyists and the majority party. The rest of us are just along for the ride. I realize that sounds a bit cynical, but the most vulnerable in our state can’t afford lobbyists, so unfortunately, it is up to those of us in the minority to provide a voice to all Missourians.

The death penalty debate focused on confidentiality for members of an execution team (we call it the “hooded executioner” bill). Last year the St. Louis P-D reported the name of the doctor who was the subject of a lawsuit regarding the execution protocol used in Missouri. It’s a tough issue. I have been unabashedly opposed to the death penalty for as long as I can remember. I have represented two men on death row. It is an issue that I care passionately about.

The Department of Corrections would like to keep the names of the execution team confidential. I understand their concerns. Executions are legal in this state and as such, we have to hire individuals who will carry out the deed. Without confidentiality, there is a concern that team members will be targeted for harassment or worse by friends or family of the person on death row. Without confidentiality, it is hard to find people willing to do these tasks. From a management perspective I understand the issue, but as a death penalty opponent, it is a good thing we can’t find people who are willing to “do the deed.” It highlights the fact that we should rethink this barbaric practice.
My main concerns with the bill include a provision that would make it a crime for a newspaper to report the names of the execution team (essentially punishing the newspaper and not the leak of the information); and a provision that would bar prison records related to the execution from discovery or subpoena. The execution protocol used in MO is currently the subject of litigation. The bill would effectively close records to litigators and the press and prevent the flow of information that is vital to due process and freedom of the press.

Senator Bray and I spent a couple of hours on the floor trying to prevent the bill from coming to a vote. We spent most of the debate talking about the current protocol and how the system is broken. We offered some amendments to make the bill better. After a couple of hours of debate, we were able to have the bill laid on the informal calendar – hopefully to die for the rest of session, but it can come back at anytime.

I met Tuesday evening with a great guy from the Department of Corrections and tried to see where we might have some middle ground. On Wednesday Senator Bray and I received an offer that would fix many of the problems we have with the bill. The offer also included some unrelated legislation that would help several women who were convicted of killing abusive spouses/partners before the advent of the battered woman syndrome. These women have been in prison for decades. If the same women were tried today current law would have resulted in their release from prison already.

We continued to work throughout the week on a compromise. We are getting closer to a resolution. Hopefully we can reach an agreement before we close the legislative session at 6 PM on Friday.