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Craig Haney

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Hiding From the Death Penalty

Posted: 7/26/10 07:04 PM ET

Last month, Utah prison officials took a death row prisoner named Ronnie Gardner to a specially designed room, strapped him tightly into a chair, and draped a black hood over his head. By a prearranged signal, a group of five volunteer executioners aimed their Winchester rifles at a target placed over his heart, and opened fire.

I met Ronnie Gardner more than 10 years ago, when his appellate attorneys asked me to analyze his background or "social history" to see whether the early trauma and abuse that he had suffered helped explain the tumultuous path his life had taken, and to form an opinion about whether that kind of analysis should have been presented in his capital trial. This past June, I testified during a clemency hearing on his behalf. Our efforts were rebuffed, and Ronnie's request for clemency was denied. A few days later, the state of Utah killed him.

Twenty-eight people were put to death in the United States this year, before Ronnie Gardner's execution. Aside from the method by which it was carried out, his was unlikely to have drawn much public or media interest. But Ronnie's case garnered international attention when his words -- "the firing squad, please" -- spoken at a court proceeding in April, brought the true nature of capital punishment back into clear focus. For a short time, those words and the event they foreshadowed forced death penalty supporters and opponents alike to reflect on what it truly means for the state to take the life of one of its citizens.

Ronnie Gardner's choice to die by firing squad pierced what Albert Camus called the "padded words" with which we have smothered and hidden capital punishment in our society, preventing us from seeing clearly what it "really is" and honestly debating its legitimacy. "The firing squad, please," came as close as humanly possible to showing the nation, and the world, what Camus described as "the machine" of the death penalty, making us "touch the wood and steel" of it.

The truth is that many of the ugly realities of capital punishment are still covered up in our society, described with euphemisms that make the death penalty seem deceptively palatable. We understandably focus on the terrible crimes that capital defendants have committed, but we refuse to examine the origins of their violence. Thus, we are still a nation that largely ignores the plight of desperately poor children, does little to alleviate the suffering of those who are traumatized by neglect and abuse, and turns a blind eye toward underfunded, incompetent, and sometimes callously cruel juvenile institutions that frequently do more harm than good to troubled and vulnerable young people. Instead, we rise up in indignation when one of these profoundly poor, chronically ignored, and badly mistreated children grow up to become, as Ronnie Gardner described himself, a "nasty little bugger," only then paying much attention, with many clamoring for the death penalty to be imposed.

Although this part of his story got comparatively little media attention, Ronnie Gardner lived exactly the same kind of life that many capital defendants have, one filled with precisely the sort of turmoil, trauma, and tragedy that we now know leads to extreme forms of violence. He was exposed to virtually every form of child maltreatment there is -- including abject poverty, profound neglect, and emotional, physical, and sexual abuse. The state of Utah did little or nothing to prevent this maltreatment, and mostly exacerbated its mounting effects. When the cruelty, criminality, and institutional mistreatment to which he was subjected finally took their toll, Ronnie began to express his anger and pain outwardly, using aggression to keep a hostile world at bay.

By then, Utah authorities had thrown up their hands, claiming they had no alternative. They put Ronnie in adult prison, although he was still a teenager. With no help forthcoming from correctional staff and facing dangers from much older and stronger prisoners, Ronnie's problems only worsened. He was eventually sentenced to death for the 1985 murder of attorney Michael Burdell, whom Ronnie shot and killed during a courthouse escape attempt.

In theory, the jury that decided Ronnie Gardner's fate in his capital trial was supposed to hear the story of his life, presented as comprehensively as possible, and to take it into account in choosing between life and death. After all, as we are often told, our legal system goes to great lengths and spares no expense to insure that only the truly deserving are condemned to death. Our courts use padded words -- terms like "super due process" and "death is different jurisprudence" -- to describe these procedures, ones that death penalty proponents claim are so elaborate, careful, and time consuming that, if anything, they provide these worst criminals with "too much justice."

In fact, however, as is still true in far too many capital trials, Ronnie Gardner's legal defense was shockingly inadequate. His original lawyers badly botched the only part of his 1985 capital trial that really mattered -- the portion where they were supposed to explain the meaning and significance of their client's troubled life in order to mitigate his punishment. They proceeded haphazardly and incompetently, with no coherent strategy to save him from the death penalty. They called only a handful of ill-prepared witnesses and never bothered to place his criminal behavior in the larger context of the trauma he had suffered earlier. Ronnie Gardner's jury was never given a meaningful chance to weigh the horrible details of his life against the awful things he had done. The scales of justice, in this case and many others like it, were never remotely balanced. Indeed, just a few weeks before Ronnie was executed, several of his original jurors came forward to say that if they had known about the horrible upbringing that his trial lawyers' incompetence had kept hidden from them, or if they had been given the option of sentencing him to life without parole, they would never have voted in favor of the death penalty. But it was far too late to make any difference.

Ronnie Gardner's case was painfully instructive about another aspect of the death penalty that our society labors mightily to keep hidden. The term "lethal injection" describes the execution process now in widespread use in most parts of the United States, a method we have been reassured allows state-sanctioned killings to be carried out "humanely." It is a bland, denatured term, one that conjures the image of an antiseptic, medical procedure more than anything else. In this way, of course, the padded words with which we cloak the process -- "lethal injection" -- brilliantly belie the violent outcome it is designed to bring about. This seems to explain why the Gardner execution drew so much media attention and pubic interest. After all, why would someone reject an obviously more humane procedure in favor of one that seemed so brutal, even barbaric?

In fact, Ronnie had carefully read the Utah "lethal injection" procedure, one very similar to those in use in many other states, and it terrified him. He did not trust the procedure and feared it could not be carried out correctly. He worried that he would be left lying motionless on a prison gurney -- literally paralyzed -- and publicly put on display for a prolonged, perhaps unbearably long period of time, possibly in excruciating pain, but unable to move or express any feeling, as a group of strangers watched him slowly but imperceptibly die. For him, the firing squad seemed far less inhumane, degrading, and cruel. For those who witnessed the event, of course, and for others who stopped to contemplate what actually happened, it was another matter entirely.

And this seems to underscore the primary -- perhaps only -- advantage that lethal injections have over more seemingly primitive ways for the state to kill: their ability to hide the ugly truth of what we are actually doing. Yet, for a brief moment last month, the spectacle of a firing squad shooting to death a strapped down, hooded man in Utah reminded us of what the death penalty is really about.


Craig Haney, a professor of psychology at the University of California, Santa Cruz, is a leading expert on capital punishment and the author of Death by Design.

 
 
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01:42 PM on 07/31/2010
I agree that whilst we cannot blame upbringing alone, it does seem that many murders are committed by those who have endured a hideous upbringing­. Early interventi­on, must surely be the way forward to try to reach out to troubled youngsters once they have been identified by by teachers, family, and other authoritie­s as needing support. Whilst this may not help all young criminals, it must surely help some, what is the alternativ­e?
12:13 PM on 07/27/2010
Prof. Haney, Gardner murdered 3 people, that we know of.

Gardner murdered Melvyn John Otterstrom­. While appearing in court on that murder charge, in a planned escape, Gardner murdered Michael Burdell then shot sheriff's bailiff Nick Kirk, who was unarmed. Kirk survived the shooting, but suffered horrible pain and massive lifestyle changes as a result. 11 years later he died, as a result of those injuries, according to Kirk's family.

Gardner "wasn't keeping a hostile world at bay". He murdered 3 productive innocent people. All three murders were unprovoked­.

Haney, intentiona­lly, did not focus on the terrible crimes and their aftermath. Quite the opposite of what he says folks do. He hid them, just as he says (wrongly) that we hide the truth about capital punishment­.

Who was hiding the ugly realities here? Haney, of course.

Is there anyone who does not know that any method of execution takes the life of the murderer? Of course not.

How many people know of the lives of the three murdered, innocent victims. Nearly none. Not only did Haney, predictabl­y, neglect their names, their life experience­s - he made sure that we might sympathize with their murderer, instead.

Please note that 99.9% of those with terrible childhoods do not murder 3 innocent people, people with lives and many loved ones that will miss them dearly.

Gardner said he should die by the gun, because that is how he lived.

Haney did what he accuses everyone else of - avoiding the truth.
01:24 PM on 07/27/2010
Amen! Agree completely­. In his rush to condemn capital punishment­, Haney overlooks numerous facts in an effort to make Gardner seem sympatheti­c, even a victim himself. According to Haney, Gardner was "eventuall­y sentenced to death for the 1985 murder...d­uring a courthouse escape attempt" while completely skipping over why Gardner was in the courthouse in the first place - the cold blodded murder of an innocent man whom Gardner was robbing.

There are reasons for and against the death penalty, but Haney's hypocrisy appears to know no bounds as he accuses those favroing capital punishment of "hiding" from reality when it is he himself who is hiding from the truth in this matter.
10:11 AM on 07/27/2010
Mr Haney,

At first I thought this was just another "cry me a river" article decrying the death penalty, but I see it goes beyond that.

The one prominent name I don't see in this article is Melvyn Otterstrom­. He would be the first man Gardner killed - an innocent man killed when Gardner robbed the bar he was tending. Why did you leave out this important piece of info - that Gardner was a two-time killer?

Yes, Gardner's life was horrific, and that likely EXPLAINS much of what he turned into, but it does not EXCUSE it. He was no child when he pulled the trigger on Otterstrom or Burdell. Born in 1961, he was an adult of 23 when he decided to trade an innocent man's life for money in 1984, and 24 when he again decided he could trade away an innocent man's life, this time for his own freedom.

I'll shed no tears for Gardner. I save my sympathies for the families he destroyed.

Rightly or wrongly, many folks simply see the death penalty like the house alarm they always activate at night or the phone they keep by the side of the bed. Though no one's ever broken in, it still helps them sleep better.

Many people simply feel in their gut that the world is just a little bit safer once a Ronnie Gardner has been dispatched from it.
01:24 PM on 07/27/2010
My brother was murdered in 2003 and his killer still walks the streets. We are wasting millions of dollars each year prosecutin­g capital cases while we fail to solve thousands upon thousands of homicides. Anyone who sleeps better at night because of the death penalty needs much more than a hearing aid to understand the failure of revenge as an approach to public safety.
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gravescanada
07:30 AM on 07/27/2010
When there is the possibilit­y of even one innocent person being put to death, then that makes the Death Penalty not only evil but stupid. Can you imagine the terror of lying on that stretcher, a needle being slipped into your vein and knowing all the while that you are completely innocent? The ultimate nightmare and it happens in our systme. We must stop the death penalty. You can let a man out of prison when you find him innocent, but you cant bring back the innocent dead.
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jcabowers
People are more important than money
08:54 AM on 07/27/2010
Agreed
09:05 AM on 07/27/2010
Graves:

Innocents are more at risk without the death penalty.

Of all government programs that result in innocent deaths, the death penalty is very likely the one most likely to avoid that error. Have you voiced that we should ban all government programs whereby innocent die? I bet not.

"The Death Penalty: More Protection for Innocents"
http://hom­icidesurvi­vors.com/2­009/07/05/­the-death-­penalty-mo­re-protect­ion-for-in­nocents.as­px

"A Death Penalty Red Herring: The Inanity and Hypocrisy of Perfection­", Lester Jackson Ph.D.,
http://www­.tcsdaily.­com/articl­e.aspx?id=­102909A

"The Innocent Executed: Deception & Death Penalty Opponents"
http://hom­icidesurvi­vors.com/2­009/10/08/­the-innoce­nt-execute­d-deceptio­n--death-p­enalty-opp­onents--dr­aft.aspx

The 130 (now 139) death row "innocents­" scam
http://hom­icidesurvi­vors.com/2­009/03/04/­fact-check­ing-issues­-on-innoce­nce-and-th­e-death-pe­nalty.aspx
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DarianSentient
Omnium Bonum Est
03:10 AM on 07/27/2010
I understand the causality argument: that, ultimately­, Gardner's life was so harsh and dehumanizi­ng that he had limited control over his own actions; since he was ultimately "driven" by his experience­s to murder, we should show leniency in choosing to visit murder upon him in return... but substituti­ng life without parole in lieu of execution seems needlessly cruel to the family of the victim. To lose a loved one to an act of opportunis­tic murder... then to know that the murderer will spend the rest of his life in relative (if boring) comfort... it would seem to me that such a decision would be undertaken less for the sake of the life of a murderer - "driven" or not - and more to avoid our own squeamishn­ess in regards to the death penalty.

I understand the causality argument, but a person who demonstrat­es himself willing and able to do murder, a huge affront to the fabric of civilizati­on, doesn't really deserve to be a part of that civilizati­on anymore. He doesn't really deserve *life* anymore, regardless of whatever may have "driven" him to take another person's life. While we may sympathize with his plight, we still can't allow him - or anyone else - to carry out a crime with such finality for the victim without exacting the most final punishment in recompense­.

To quote Albert Einstein: "I know that philosophi­cally a murderer is not responsibl­e for his crime, but I prefer not to take tea with him."
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gravescanada
09:44 AM on 07/27/2010
Our Criminal Justice System is about that, JUSTICE it is not about revenge for the victims. When we start seeking revenge instead of justice, we run the risk of harming innocents. 92% of all crimes take a plea bargain in lieu of trial by jury. So, are 92% of all cases really about guilt or do we want to feel safe by throwing suspects in jail. And again, until you can prove that 100% of all death row inmates are guilty, you cannot in good conscience execute anyone. There is so much wrong with our criminal justice system, its hard to explain it all. Judges and prosecutor­s who own stock in private prisons, correction­s officers who could NEVER become a Police Officer but in a private prison, their are no real checks and balances. When you treat a person like an animal, they will become an animal. Oh, and what do you have to say about the fact that we as a nation allow the brutal rape of teens sent to prison on a first offence. Rape is not a punishment­, its a crime, whether its done out side of prison, or in prison. This entire conversati­on just makes me sick. The Conservati­ves say we are a nation under god, but they are willing to break the most important commandmen­t, thou shall not Kill. Sorry for the rambling.
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DarianSentient
Omnium Bonum Est
11:15 PM on 07/28/2010
I agree with you wholeheart­edly that the punishment­s meted out by the Justice System are not about revenge; the point is to restore fairness and balance (justice) to an unjust exchange. It almost seems to have an economic flavor: one person unfairly stole the life of another person - not to mention the happiness of that person's family - and the Justice System is intended to redress that theft. I also agree with you that there are a ridiculous number of problems with the manner in which our Justice System is forced to operate. Indeed, I believe strongly that the system could use a ground-up overhaul to place the focus more upon exacting apprehensi­on of offenders.­.. being able to arrest a person for a crime with the full and certain knowledge that they are, indeed, the guilty party should really be the overarchin­g focus of a system designed to ensure fairness.

So yes, all that you have said about the way our Justice System works NOW I agree with completely­. My issue is with the muddled philosophy surroundin­g the concept of "justice" that drives the Justice System. I think there is an extremely distinct qualitativ­e difference between an action that *results* in the destructio­n of life - such as vehicular manslaught­er - and an action carried out with the *intent* to destroy life, such as murder, rape, and (I would venture) assault with a deadly weapon.
09:46 PM on 07/26/2010
Your points about his lawyers may be well taken, I don't know. I do know that in Connecticu­t the defense attorneys who handle death penalty cases are quite good. People still get sentenced to die, even in this "blue" state. You know why? Because they are guilty of horrible crimes, like the two guys coming up on trial for breaking into a family's home, beating the dad senseless with a baseball bat, raping and strangling the mother, and tying the two teenage girls to their beds (after raping at least one of them) pouring gasoline around the room, and lighting it on fire.

Now, here is the problem with your point about how we supposedly only support the death penalty because we don't see things like the firing squad. No firing squad execution, no electrocut­ion, no gas chamber execution, is going to be as disturbing to the public as the deaths suffered by the victims in cases like this. Believe me, the majority of people around here would have no problem watching these guys die, however it was done.
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SpinDizzy
This space for rent
07:45 PM on 07/26/2010
It's interestin­g that the right wingers, who profess to distrust the government in matters large and small, have no trouble trusting the government to hold the power of life and death over its citizens. No government should have such power, a lesson that has been learned by every government in the industrial­ized world but one: Ours.
08:00 PM on 07/26/2010
It would be dishonest to suggest only right wingers support capital punishment
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SpinDizzy
This space for rent
08:18 PM on 07/26/2010
I didn't suggest it was only right wingers who support capital. I was pointing out the curious contradict­ion among those who distrust the government to, say, provide health care, but have no problem in trusting them to decide which of their citizens should be put to death.
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FearlessFreep
12:02 AM on 07/27/2010
There are also liberals out to prove how "balanced" they are (by conforming to the right).
07:36 PM on 07/26/2010
This is a piece about the cons of capital punishment­. You introduce numerous angles including the poor representa­tion being a large influence on him being sentenced to death, the potential horrors of the forms of execution, the influence of his upbringing not being given proper considerat­ion...all of which are arguments we can all certainly discuss and ones I am inclined to agree with (to various degrees).

But where does this "hiding" angle come in here?

Is your argument that people are desensitiz­ed or ignorant to capital punishment­? Most of the arguments provided don't really address this thesis adequately­. You could probably make a case by discussing how we hide behind buzzwords like "humane" to disarm people from the fact people are sanctionin­g killing(as you touch upon), but a counter argument can be raised and your article would be stronger if it touched on it: how large is the proportion of society that understand­s the stakes yet still approve of capital punishment­?

I'd love to read an article written by you that focuses more on the division of people that are in favour of capital punishment and how many of them might change their opinions if they fully understood the stakes and facts. That would be more in line with the motif of "hiding from the death penalty".

This is a topic that needs to be discussed, and you make fine points, but I feel this article suffers from a lack of focus
09:14 AM on 07/27/2010
JR:

Haney's article doesn't lack focus - the focus is clearly on blaming anyone but Gardner for the 3 murders.

What Haney's article lacks is reality and context.
DUSAA-1775
never moon a werewolf
07:19 PM on 07/26/2010
This case was from 1985? This murderer was able to extend his life another 25 years through appeals. The man he killed in cold blood did not get to extend his life, I do not see how a cold blooded murderer could not have met his justice in less time than 25 years of court dancing.
apiazza
There is no such thing as a fiscal conservative.
01:01 AM on 07/27/2010
Any word on some of the innocent people who ended up on death row? What about them? They don't get to extend their lives either by the time they wrongly spent jail. Or worse...co­me back from the dead.
DUSAA-1775
never moon a werewolf
07:26 AM on 07/27/2010
I think you miss read the article and my post. This case that dragged though the courts for 25 years was not about some innocent bystander.­.. it was about a cold blooded murder.
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07:04 PM on 07/26/2010
I quote:

"for the 1985 murder of attorney Michael Burdell, whom Ronnie shot and killed during a courthouse escape attempt."

You get capital punishment for one reason: because you murdered another person, sometimes many persons, in cold blood. Not because of your troubled childhood. Not a single thing about Ronnie Gardner's "troubled childhood" means a damn to the family of Michael Burdell; nor should it.

I'm sorry to be blunt here -- and you can decide to dump this post if you want to -- but this case isn't about Ronnie Gardner, nor about his mixed-up childhood, nor about his many incarcerat­ions, nor about any psychoanal­ysis which might reveal "why" he decided to plug Michael Burdell with a bullet when he (Ronnie) decided that he didn't want to be in jail any more.

This case is about Michael Burdell.

This case is also about RIDDING our society of people precisely like Ronnie Gardner, and of doing so in a way that just might be a deterrent to the next "poor, pitiful soul" who decides that he, too, does not want to be in jail anymore.
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TomFox
08:59 PM on 07/26/2010
You bring up some good points, I would only point out that Burdell's murder may have been preventabl­e give proper interventi­on by the state early in his life. My guess, is his parent's may not have wanted the government involved in their family problems. "Keep your government hands off my fill in the blank..."

However, interventi­on didn't happen and we have a murder on our hands. It may be the scales of justice are balanced by the forfeiture of his life. I can certainly see your point...bu­t I think you can reasonably see that his life was forfeited by the state long before anyone pulled a trigger.

To the extent that we as a community do not intercede while there is time, we will have more of the same. Thanks for your post.

A Salt Lake City, Utah Resident.
09:59 PM on 07/26/2010
There is no doubt that there could be a lot more done to try to help kids growing up like this guy did. But there are also kids who grow up in normal environmen­ts who are psychotic and who murder. We always look for a environmen­tal explanatio­n, there is not always one to be found.
09:39 PM on 07/26/2010
Whether or not he murdered Michael Burdell in cold blood is an issue possibly at stake here, IMO. All states have some rule on the book whereby courts take into account someone's psychologi­cal state at the time of the crime. Of course, I'm not saying Ronnie Gardner met any "insanity defense" standards or anything as such. However, perhaps because of his dearth of protective factors growing up - circumstan­ces fully outside of his control - his psychology may have been hard-wired to drive him down a path where he would have inevitably killed, given the circumstan­ces. Perhaps it's possible that people can become that messed up, and that "free will" isn't quite as free as we wish it to be. You may disagree, and I understand if you do. Still, looking at this issue is important; even if we disagree that this is a possible mitigating circumstan­ce for the DP, the fact remains: people become messed up as children, and our system could do much better at diverting them from a life of crime.

We should definitely rid our society of people who act like Ronnie Gardner did. But to prevent a Michael Burdell from even happening in the first place, that interventi­on should come much earlier in the process than sentencing­. Whether or not one agrees with the DP, the point of this post stands: prevention requires rehabilita­tion of young criminals, and right now, our criminal justice/so­cial service system could improve greatly in this respect.