Legislators strongly debate the death penalty bill

Oct. 23, 2019 | G. Michael Dobbs
news@thereminder.com

Cindy Chesna, widow of Weymouth police Sgt. Michael Chesna, teared up last week during testimony from her mother-in-law Maryann (left) and Reps. Shaunna O’Connell and David DeCoste.
State House News Service photo by Sam Doran

GREATER SPRINGFIELD – Area legislators expressed a variety of reactions to a proposed law that would institute the death penalty in the Commonwealth for people who murder police officers.

As Colin Young of the State House News Service reported, “The bill (H 3773) filed by Rep. Shaunna O’Connell of Taunton would give the state the option of seeking the death penalty for anyone 18 years or older who ‘murders a law enforcement officer ... either knowing that the victim was a law enforcement officer engaged in the performance of his or her duties or in retaliation for performance of his or her duties, or both.’ The bill defines law enforcement officer as ‘a correction officer or a person exercising the authority of a police officer, sheriff, or deputy sheriff.’”

Reminder Publishing asked members of the Western Massachusetts delegation their reactions to the legislation.

State Rep. Joseph Wagner said his answer would be “generally yes,” however “the devil will be in the details” of the legislation. He added, “I can see circumstances where I can support it ... but every appeal would have to be exhausted. You can’t take a swing and miss when you take a life.”         

State Rep. John Velis said, “Earlier this year I had the opportunity to ride along with the Holyoke Police Narcotics unit as well as several other law enforcement agencies who were conducting counter narcotics operations. As I was walking into the Holyoke Police Department I stopped once again to pay my respects to John DiNapoli at his memorial, a brave officer who gave his life protecting the people of Holyoke many years ago. I was taken aback and in awe of the work they were doing as well as their professionalism. I’ve seen when routine stops could easily escalate into a deadly confrontation. I also observed first hand something I already knew; that on any given day on any given shift they could lose their life in the line of duty. Police officers are very similar to members of our Armed Services in that they run towards bullets not away from them. They put the well being of others in front of their own. They are the epitome of selflessness. We owe them the highest respect and honor. As a member of the Judiciary committee I am currently researching what Gov. Baker recently suggested are ‘constitutional issues’ with the bill. From the time a bill is filed to the time we vote on them, bills undergo many significant changes that in many instances completely alter a bills original purpose. I will be monitoring this bill closely and working with the Baker Administration as well my colleagues to see if we can produce a final product that protects and honors the members of law enforcement and their grieving families who have given and made the ultimate sacrifice.”

State Rep. Aaron Vega said, “I fully recognize the dangers our men and women in blue face every day, and I have many times stood with the Holyoke Police Department in times of need and in times of celebration. That said I do not support a one-size fits all approach to law enforcement or believe that repealing our ban on the death penalty is a good idea. Opening the door to reinstating the death penalty is a slippery slope I don’t believe the Commonwealth should open.”

State Rep. Angelo Puppolo said, “This is something that strikes very close to home to me especially with the murders of Springfield Police Officer Kevin Ambrose, who was a very dear friend, officers Alain Beauregard and Michael Schiavina of which I recently attended the wonderful dedication ceremony in honor of the Beauregard and Schiavina Memorial Park and so many other police officers who have been killed in the line of duty; I certainly would consider supporting such a proposal but frankly there are a number of constitutional issues with such a standalone state law – I think a better way to handle this across the country is to consider adding it to the list of capital crimes under Federal Statute.”

State Rep. Carlos Gonzalez said, “I salute our men and women in blue and recognize the dangers. They put themselves in to protect the public. In my eyes they are heroes. Anyone that takes a life of another person should be convicted and receive the appropriate and just sentence. Every life is precious and it would be inappropriate [and] should not be measured by someone’s position or title.”

State Rep. Michael Finn said, “Nothing changes for me. I am not in favor of capital punishment.”

State Rep Jose Tosado said, “I am against the death penalty. There have been too many incidents of ‘mistaken identity’ that have caused innocent people to lose their liberty and in some cases their lives. I speak not only as a Massachusetts Lawmaker but as a survivor of a parent who was murdered. My dad, Jose M. Tosado, was murdered on January 11, 1980, when he resisted being robbed at his Union Street bodega. I also speak as someone with strong law enforcement ties as my brother is a veteran Springfield police officer, my sister was the first female Puerto Rican Springfield police officer, and my nephew is a Westfield police officer, as was my now retired brother in law. I myself served four years as vice chairman of the Springfield Police Commission. So I can understand and be empathetic to survivors and the issue but while we have the best law enforcement and judicial system in the world we are still imperfect beings subject to making mistakes and I don’t believe we have the right to take anyone’s life. Life without parole as the ultimate punishment works.”

Gov. Charlie Baker, who has voiced support for the bill, has acknowledged there are “huge constitutional issues associated with this” and added during an interview with WGBH, he has “a particular point of view here and I get the fact that it’s not one that’s shared by everybody and I’m OK with that.”

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