Kitzhaber: state Supreme Court loss won't make him OK execution
PORTLAND, Ore. (AP) — Gov. John Kitzhaber said Friday that he won't OK the execution of death-row inmate Gary Haugen, even if the Oregon Supreme Court rules that he can't force the inmate to accept a reprieve.
Haugen, a two-time murderer, wants to be executed, but the governor has blocked it on moral grounds. The high court heard arguments in the standoff Thursday and was expected to issue a ruling by year's end.
Kitzhaber briefly discussed the case with Oregon Public Broadcasting before the City Club of Portland, saying he was confident the court will determine the state Constitution gives him the authority to issue a reprieve even if Haugen doesn't want it.
Kitzhaber said that with the possibility of a court defeat, he would not commute the sentence but that "I will not execute him, either."
He said that governors generally get a call from the warden shortly before executions, asking whether there is a reason an execution should not take place. "If they call me, I will say 'Yes, there is a reason this execution should not be carried out.'"
It was unclear what the warden would do next. In a follow-up interview, Kitzhaber spokesman Tim Raphael said he would not speculate.
In the 1990s, during his first stint as governor, Kitzhaber twice answered "No" to the question of whether there was a reason to stop an execution, decisions he says he has come to regret.
"I do not think the state is better off, safer or more just because we made those decisions," he said.
Haugen's attorney, Harrison Latto, said in a phone interview that Kitzhaber would be violating his oath of office if he took such a stand after a court defeat.
"And the superintendent (of the Oregon State Penitentiary) would be risking be held in contempt of court," he added. "Because I'm assuming at that point, there would be a death warrant directing the superintendent to carry out the execution."
Before introducing the topic, host David Miller played an audio clip from Haugen's recent interview with OPB in which the inmate said a reprieve should be a gift.
"What he did to me was not an act of grace; it's not a gift," Haugen said. "He used a reprieve to sit back and to nullify my ability to exercise my constitutional rights."
Asked for a response, Kitzhaber said: "I have no response to Gary Haugen; this isn't really about Gary Haugen. It's about the larger policy of capital punishment in the state of Oregon. "
Copyright 2013 The Associated Press.
He should be held in contempt of court and go to prison...AND get kicked out of the governor position.Â
I think we should allow Mr. Haugen the opportunity to have a closed door one on one debate on the issue with the Governor. We would see who has the most convincing argument.
one question I Have, cAn he sue the state of Oregon for keeping him alive?
looks like kitz loses big time...and the superintendent must comply with the court order. .
@lee986321Â Correction, Loses Big Time Again! The Oregon Court of Appeals has blocked any enforcement of Kitzhabers Gillnet Ban until they spend 18 months reviewing the evidence. He is costing us a fortune in Court Fees to further His agenda against the will of the Voters.
Cant kill this guy, but can go after "our" citizens in Pakistan or Yemen. USA pffft.
@Bio Sphere   Well, you know...those people were never convicted. /stupid-irony  /convenient-imperialism
Taxhaber should also then resign as governor, since he is not upholding the laws of the state as he pledged to do. These dems slay me! The general attitude of the socialist democrats seems to be that if they don't agree with a law or with the explicitly stated will of the people, they ignore it.Â
Typical liberal.... if the law doesn't go his way...... screw the law..... B HO has taught him well.Â
@kramr Just curious -- do you consider me a "typical liberal"?
@SundownerÂ
Hells Noes....not a "typical liberal"....just a little MILFy. ;-)
allow highly dangerous criminals to walk free: OK
follow through with executions: Not OK
Who is this joker that calls himself the Governor. When he took office he SWORE to uphold the laws of this state - LAWS WHICH INCLUDE the death penalty. The death penalty has been voted upon in this state, and instantiated by the will of the people - the Governor should do his duty and proceed with the execution, or he should step aside and resign based upon his inability to fully fulfill the requirements of his job. If he does not wish to step aside, and he does not wish to enforce the will of the people of Oregon, then perhaps the people of Oregon and our Legislature should IMPEACH AND REMOVE him from office.
@johndwalton2012 He might lose hs job this has gne to a higher court. kitz is in contempt if he does not follow through.Kitzahber is finished unless he complies. I truly see him not winningt this. I would call this all but treasonous act.well a clear violaion of people's trust at least.
Democrats rarely let the law get in the way of their agenda, this is a good example.
@dblshot Very well said..!!!
Another liberal Democrat dictator.
@Altazi It's much more expensive to execute someone than to lock them up for life. This is good economic policy, something that conservatives should appreciate. Â
@lakeview @Altazi Sure allow liberal courts to hold up executions forever and you then can complain how expensive the process is. Typical liberal logic.
@Shawn Alley @lakeview @Altazi Let me guess -- you only know about one amendment to the US Constitution, right?  The Second?  Yeah, there's a bunch more that invalidate your assessment that death penalty appeals are the result of liberal courts.  Pesky Constitution -- always gettin' in the way.Â
@lakeview @Altazi It doesn't have to.
@lakeview  Proof?
Time for kitz to dismantle the Oregon supreme court
Nice to be reminded again that we have a governor who lacks respect for our state's Constitution AND the oath of office that he took as governor, but also the legal process and systems that we have. Â (sarc off)
This issue goes way beyond Gary Haugen's case by itself... Â If Kitz did not want to uphold our laws and our Constitution, he should not have run for the office of governor... Instead, given his moral objections to the DP, he should have worked towards changing it in the PROPER way; that is, by the VOTERS at the ballot box... As "Sweetpea" put it, "We don't get to pick and choose which laws we will obey. Â The Gov. shouldn't either." Â Well said, Sweetpea..!
We don't get to pick and choose which laws we will obey. Â The Gov. shouldn't either. Â The message he is sending is that if you disagree strongly enough with a law, then you don't have to obey it. Â For the rest of us peons, we would have to face consequences for non-compliance. Â What are his consequences? Â If he is unwilling to follow the laws, then he should do the 'moral' thing and step down. Â
I seldom agree with the Gov. but he has made a moral decision. Seems like morals are in mighty short supply these days. I have no problem with lethal intervention when someone is threatening my family or innocent people in general. This convict is no such threat. People complain about how it costs thousands of dollars a year to feed and care for these criminals but, a lifetime behind bars is still far less expensive than the court costs to kill them. Why let his memory live because we had to have our pound of flesh? The best punishment for him, and the best therapy for us, is that he simply be forgotten.
@Conspirator He took an oath to uphold the laws of the State of Oregon. Oregon voters enacted the death penalty. Hooray for his moral decison...but he's ignoring the laws that the people of Oregon voted for. But that's the problem with government these days isn't it...??? The politicians are exempt from the law, and will do whatever they want.
@Conspirator  Let's see if you feel the same way when someone murders your spouse and rapes your child, and is NOT killed in the process of catching him.
@Conspirator ......his morals are HIS morals. He has no right to impose them on others or the electorate that voted in favor of capital punishment.
The governor of the state of Oregon, where it is alright for doctors to perform abortions including partial birth abortions, and assisted suicide, refuses to allow the execution of a convicted murder.
Kitzhauber is going against the will of the people of Oregon, the laws of Oregon and the courts of Oregon!
It seems to me that the court should find Kitzhauber in contempt of court at the very least!
Who does he thing he is? The people of Oregon need to remove him from office and from politics for the rest of his life!
He must be taking after Obama thinking that he is a dictator instead of a politician elected by the people. It is time that the people of Oregon took our state back from the pompous, self righteous, self serving, hypocritical, egotist politicians and replaced them with servants of the people that will honer their oath of office!
"This isn't really about Gary Haugen". No, it's about John Kitzhaber and his imposing his conscience and morals on the electorate and invalidating their vote !
This guy is the poster boy for the rich, and entitled telling the little people what to do.
What give Mr. Kitzhaber the right to go against not only the people of Oregons will, the jurys conclusion? Now he says he will not follow the supreme court? This man needs to step down he is delusional with his own self rightousness.
Why is it that the Gov. Kitzhaber seems to think it's ok to play god? The person wants to die, let him have his wish. Will the state or country be any better off if he is not allowed to die? No! We will continue to pay for keeping him in jail, his medical and food. I for one am sick of the things the government is doing, claiming it's for us or the children. Why not start listening to what the people want and not just what you think you hear.
Its time to call out these liberal leaders who feel they pick and choose the laws that fit their likings. You want a vote John, you got it but if the voters affirm the death penalty then you need to honor their request and remove yourself from office.Â
This comment has been deleted
@the rover ....grow up !
@Rob C 503Â foadaf
Kitz needs to be impeached.
I laugh at how angry all the hayseeds get over this. I hope he stands his ground just for the entertainment value of seeing worked up rednecks.
@I_Miss lol
@I_Miss  So you dont believe in justice.  Must be a liberal
@I_Miss Only rednecks think he should follow state law? Only hayseeds believe our elected officials should do the jobs we elected them to do?
Do you need reading glasses Mr. Kitzhaber? I think you should re-read your job title. "Governor" doesn't even really rhyme with "Dictator".
fyi, Johnny, you are not above the law. You were elected to uphold the laws and constitution of Oregon, and if you can not do that, then it is time for you to resign and go down in state history as one of the states worst governors.
Quit wasting tax payers money on something you can not win.
laptrgar  (lets all pretend to really give a rats)
Kitshaber is a three time looser in office as is Charlie Hales, Gov. Brown in Calf & Bloomberg in NY. Its a typical liberal attitude to restrict the God given rights of other while picking and choosing which laws they obey.Â
@PeterAWolf Looser than what? I don't get it. He's loose?
@I_Miss laag
(loose as a goose)
@the rover @I_Miss Lucy Goosey?
@PeterAWolf lol