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Outgoing Oregon governor commutes all 17 of the state’s death sentences

Oregon Gov. Kate Brown
Oregon Gov. Kate Brown says she is commuting the sentences of all of the state’s 17 inmates awaiting execution.
(Cathy Cheney / Pool Photo via Associated Press)
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Oregon Gov. Kate Brown has announced that she is commuting the sentences of all of the state’s 17 inmates awaiting execution, saying their death sentences will be changed to life in prison without the possibility of parole.

Brown, a Democrat with less than a month remaining in office, said Tuesday that she was using her executive clemency powers to commute the sentences and that her order would take effect Wednesday.

“I have long believed that justice is not advanced by taking a life, and the state should not be in the business of executing people — even if a terrible crime placed them in prison,” said Brown, whose recently elected successor, Tina Kotek, is a fellow Democrat.

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Rep. Vikki Breese-Iverson, leader of the minority Republicans in the Oregon House of Representatives, accused Brown of “a lack of responsible judgment.”

“Gov. Brown has once again taken executive action with zero input from Oregonians and the Legislature,” Breese-Iverson said in a statement.

“Her decisions do not consider the impact the victims and families will suffer in the months and years to come. Democrats have consistently chosen criminals over victims.”

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In her announcement, Brown said that victims experience “pain and uncertainty” as they wait for decades while individuals sit on death row.

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“My hope is that this commutation will bring us a significant step closer to finality in these cases,” she said.

Oregon has not executed a prisoner since 1997. At Brown’s first news conference after becoming governor in 2015, she announced that she would continue
the death penalty moratorium imposed by her predecessor, former Gov. John Kitzhaber.

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So far, 17 people have been executed in the U.S. in 2022, all by lethal injection in Texas, Oklahoma, Arizona, Missouri and Alabama, according to the Death Penalty Information Center.

Like Oregon, some other states are moving away from the death penalty.

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In California, Gov. Gavin Newsom imposed a moratorium on executions in 2019 and shut down the state’s execution chamber at San Quentin.

A year ago, he moved to dismantle America’s largest death row by moving all condemned inmates to other prisons within two years.

In Oregon, Brown is known for exercising her authority to grant clemency.

During the COVID-19 pandemic, Brown granted clemency to nearly 1,000 people convicted of crimes.

Two district attorneys, along with family members of crime victims, sued the governor and other state officials to stop the clemency actions. But the Oregon Court of Appeals ruled in August that she acted within her authority.

The prosecutors, in particular, objected to Brown’s decision to allow 73 people convicted of murder, assault, rape and manslaughter when they were under 18 to apply for early release.

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Brown noted that she had previously granted commutations “to individuals who have demonstrated extraordinary growth and rehabilitation” but said that assessment didn’t apply in her latest decision.

“This commutation is not based on any rehabilitative efforts by the individuals on death row,” Brown said. “Instead, it reflects the recognition that the death penalty is immoral. It is an irreversible punishment that does not allow for correction.”

The Oregon Department of Corrections announced in May 2020 that it was phasing out its death row and reassigning those inmates to other special housing units or general population units at the state penitentiary in Salem and other state prisons.

Oregon voters reinstated the death penalty by popular vote in 1978 after having abolished it 14 years earlier. The Oregon Supreme Court declared it unconstitutional in 1981, and Oregon voters reinstated it again in 1984, according to the Death Penalty Information Center.

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A list of inmates with death sentences provided by the governor’s office had 17 names.

The state Department of Corrections’ website lists 21 names. One of those prisoners, however, had his death sentence overturned by the Oregon Supreme Court in 2021 because the crime he committed was no longer eligible for the death penalty under a 2019 law.

Officials in the governor’s office and the corrections department did not immediately respond to an attempt to reconcile the lists.

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