Death-penalty reform to go forward

PIERRE — Legal questions about the death penalty in other states likely won’t stop South Dakota legislators from rewriting the state’s lethal-injection law, according to a legislative leader.

Most South Dakotans favor the death penalty and support legislative efforts to clarify the protocols used for injections, according to state Rep. Larry Rhoden, R-Union Center, the Republican leader in the South Dakota House.

But, he said, “I think a lot of the stuff happening in other states (could) influence the way we in statute leave authorities enough latitude for the protocols to adjust to best methods and changing technology.”

Last summer, Gov. Mike Rounds delayed the planned execution of Elijah Page because of a conflict on whether the injection should involve two or three drugs.

The governor ordered the delay, saying it would give legislators time to correct the conflict. Page’s execution now is scheduled for early July.

Other states are facing similar issues. In California, a federal judge said the state’s execution procedure was unconstitutional and extended a moratorium on executions.

In Florida, Gov. Jeb Bush suspended all executions there after a bungled execution in December. Missouri’s injection method, which is similar to California’s, was declared unconstitutional in November by a federal judge.

State Rep. Chuck Turbiville, R-Deadwood, had planned to co-sponsor a bill to fix the state’s death-penalty protocols, but he and other sponsors backed off when Rounds and Attorney General Larry Long made it known they were working on such a bill.

Turbiville, whose legislative district includes the site of the murder for which Page was convicted, expects lawmakers to make whatever changes are needed to ensure that the lethal-injection law is workable and adaptable to changing methods.

The issues in Florida and other states shouldn’t affect that, Turbiville said.

“I read about that deal in Florida, where there were indications of some muscle response or body functions,” he said. “I don’t think that’s going to be a major issue here. It is a thought, but not enough for South Dakota to do away with the death penalty entirely or put it on hold.”

Some legislators have predicted that opponents of capital punishment will see the bill to update the state’s injection law as a way to introduce a proposal to repeal the law entirely. Rhoden said that could happen but that it isn’t unusual and isn’t likely to be successful.

“Anybody can make an attempt to change any law, whether there’s an issue pending or not,” he said. “I don’t think that’s something the (Legislature) will agree to do.”

Democrat Garry Moore, who will be a House member this session after eight years in the Senate, doubts that either residents or legislators would agree to repeal the death penalty.

“It’s something people want, reserved for heinous crimes,” Moore said. “I don’t see much support for getting rid of it.”