Senators hear arguments on death penalty

Lincoln--Senators heard arguments to abolish the death penalty at the state level and to allow for execution via nitrogen hypoxia at the Nebraska Capitol on Jan. 31. 

In 2009, senators changed Nebraska’s method of execution to lethal injection after electrocution was ruled cruel and unusual punishment. In 2015, lawmakers abolished the death penalty, but in 2016, voters reinstated it. 

However, drug companies withholding the drugs used in lethal injection have kept the state from executing any death row inmates for the past six years.

Legislative Resolution 15CA, introduced by Sen. Terrell McKinney of Omaha, would amend the constitution to prohibit the use of the death penalty at the state level.

If amended, the constitution would read: “The death penalty shall not be imposed for any offense. For any individuals under a sentence of death, whether before, on, or after the adoption of this amendment, such sentence is commuted to a sentence of life imprisonment."

If lawmakers approve the resolution, Nebraskans would vote on the proposed constitutional amendment in the November 2026 election.

McKinney began the hearing, stating he believes the death penalty is fundamentally inhumane.

“As a society, we must move beyond the outdated and ineffective eye-for-eye mindset,” McKinney said.

McKinney said he believes capital punishment does not reduce recidivism, is too expensive and disproportionately impacts minorities and people in poverty.

“Using murder for punishment undermines society’s value for life,” McKinney said.

Ten Nebraskans appeared to speak in support of LR 15CA, and no one spoke against it. Nebraskans submitted 92 supportive comments and 14 opposing comments.

“Sounds like we should be taking this to the voters,” McKinney said. “The government should not be in the business of taking lives.”

Marylyn Felion, a Nebraskan who served as a volunteer for Witness for Peace in Nicaragua, recounted her witness of an execution.

“My worst fear was that I might have to stand by helplessly and watch another human being be killed,” Felion said. “Now that never happened in this little war-torn country in Central America. It happened in Lincoln, Nebraska, in 1997 when I accompanied Mark Williams to his death in the electric chair. There were six big guards who led us down the hall, military fashion… and they were sobbing. Killing someone was not on their resume."

Representatives from Amnesty International, the Nebraska American Civil Liberties Union, I Be Black Girl and Nebraskans For Alternatives to the Death Penalty spoke in support of LR 15CA, calling on moral and fiscal objections to the state funding executions.

“I don't think it's possible to have a system built by humans that could adequately separate people into two categories, those who deserve life and those who do not,” said Benjamin Dugenhagen, a Lincoln resident. “We can't train our society to heal loss by deciding who is and is not worthy of life.”

The committee then heard Legislative Bill 432, introduced by Sen. Loren Lippincott of Central City, would change the state’s execution method to nitrogen hypoxia, or suffocation by nitrogen gas.

Sen. Megan Hunt of Omaha introduced a satirical amendment to LB 432 to instead change the method of the death penalty to “legislative firing squad,” defined in her amendment as “a firing squad composed of all members of the Legislature, who shall use firearms to shoot the convicted person.”

Lippincott said he believes that LB 432 offers another option for the death penalty, adding that other states are using nitrogen hypoxia. He also submitted a letter of support from the Alabama Attorney General.

“Nitrogen is painless. It is peaceful and plentiful,” Lippincott said. “This is not about whether the death penalty should exist but about the ethic in which we treat those who are sentenced to death.”

Lippincott said that during his time in the Air Force, he experienced hypoxia, or oxygen deprivation, during training. He said it caused him to fall asleep and that he did not experience pain.

McKinney asked Lippincott if he believed nitrogen hypoxia could be considered cruel and unusual punishment under the 8th Amendment. Lippincott said he believes the method is humane.

No one spoke in support of the bill. Eight people spoke against it. Ten supportive comments and 78 opponent comments were submitted.

Tom Benzor, executive director of the National Catholic Conference, read a statement from Pope Francis advocating against the death penalty, calling the death penalty against the pro-life ideals. Benzor testified in support of LR15CA and against LB432.

Jason Witmer with the Nebraska ACLU read an account of a witness to a nitrogen hypoxia execution in Alabama, which took 22 minutes, and the final statement of the convicted.

Alex M. Houshin with Nebraskans For Alternatives to the Death Penalty testified that execution via nitrogen hypoxia is not a condoned method for veterinarians putting down pets.

Elizabeth Osborne, a Nebraska teacher, testified against LB 432.

“I'm actually very concerned about the soul of the state of Nebraska,” Osborne said. “As a citizen and as an educator, it worries me, it infuriates me, it insults me, and I find it embarrassing that we would consider going down this path.”

The committee took no action on either measure.