State Senate moves to repeal Washington’s death penalty

It’s been on Governor Jay Inslee’s wish list for years, but on Wednesday the Washington state Senate brought the effort to repeal the state’s death penalty a step closer to reality.

On a 26-22 vote, the Senate approved SB 6052, which removes the death penalty as an option for aggravated first-degree murder cases and replaces it with life in prison without the possibility of parole.

RELATED: King, Snohomish prosecutors’ opposing views on capital punishment

Gov. Inslee released a statement after the Senate vote:

“There has been growing, bipartisan support for ending Washington’s death penalty, and the Senate today voted to do just that. I know this is an emotional issue and people are moved by deeply-held beliefs and values,” Gov. Inslee said.

“When I put a moratorium on the use of capital punishment in 2014, I hoped it would create space for a discussion about the unequal application of this law, the enormous costs of seeking this punishment and the uncertainty of closure for victims’ families. I hope Washington joins the growing number of states that are choosing to end the death penalty.”

Debate on the bill and amendments started a little more than an hour before the 5 p.m. cutoff for bills to be voted out of the chamber they were introduced in. Several Republican senators introduced amendments, including Senator Mike Padden, who wanted the issue to go to voters in a referendum in the next general election. That amendment failed after a 24-24 vote, with Senate President and Lt. Gov. Cyrus Habib casting the tie-breaking no vote.

Senator Steve O’Ban’s amendment to allow an exception for those who kill police officers didn’t get a vote after Habib ruled it contradicted the object of the bill — to abolish the death penalty following a challenge from Democratic Senator Jaime Pedersen.

Another amendment from Senator Mike Padden that would have allowed an exception for those who kill corrections officers, suffered the same fate.

In arguing for his amendment, Padden pointed to the murder of 34-year-old Monroe Corrections Officer Jayme Biendl in 2011. Biendl was strangled in the prison chapel by inmate Byron Scherf who was already serving a life sentence. Scherf was sentenced to death shortly before Inslee issued a moratorium on the death penalty. Biendl’s family has fought against the effort to abolish the death penalty, saying without the threat of capital punishment there is no consequence for someone like Scherf when they kill someone since they are already serving life without parole.

Prior to the final vote, other senators, including Republican Randi Becker and Democrat Tim Sheldon, pointed to the murders of several law enforcement officers, including the Lakewood Four and Pierce County Sheriff’s Deputy Daniel McCartney as a reason to have kept the exception for cop killers, or at the very least allowed debate and a vote on those proposals.

In the end, it passed on a 26-22 vote and now heads to the House for another round of votes.

Bills to end the death penalty have failed to get hearings in previous years but were able to get more traction this session with Democrats in control of the Senate.

The effort, long supported by Governor Inslee and State Attorney General Bob Ferguson, also got an extra push this year when Republican King County Prosecutor Dan Satterberg testified in favor of ending the death penalty during a Senate Law and Justice Committee hearing. All three argue the death penalty is too costly, doesn’t offer closure for victim’s families, and is applied unequally.

Groups concerned about those wrongfully convicted ending up on death row have also been supporting the effort.

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