Riffs From The Row

By William Van Poyck - January 5, 2008

For the first time in my 20 years on death row I’ve welcomed a New Year with a sense of hope and optimism, not about the circumstances of my own case, but rather about the possibility that the capital punishment pendulum has finally reached its zenith in America and has begun a slow but inexorable swing back against the tide of legalized murder. The public’s growing uneasiness with the finality of execution is increasingly apparent with each daily newspaper article about the latest exoneration of an innocent convict. For the first time in decades responsible people - governors, legislatures, judges, law professors – are openly questioning the constitutionality, morality, and practicality of a society putting its own citizen to death. In December, 2007, the State of New Jersey , after conducting an exhaustive study of their capital punishment process, chose to abolish the death penalty completely, demonstrating that the entrenchment forces of legalized vengeance can be defeated by courageous citizens and politicians willing to fight for justice and vote their conscience. This follows a growing national unease with the death penalty as reflected by the 13-year low in executions during 2007, and the increasing reluctance of juries to impose the ultimate sentence. Over the last few years the U.S. Supreme Court has prohibited the execution of the mentally retarded, and of juveniles, citing international law in partial support of their rulings. And, as I write these words the Supreme Court is set to rule on the constitutionality of the lethal injection procedures utilized by 34 of the 35 states which have a death penalty. While the constitutionality of capital punishment per se is not at issue, the Court’s decision may require the states to rewrite their laws and regulations, effectively putting a hold on executions for a long time to come. In the interim a de facto moratorium exists until the court hands down its decision sometime this spring. Increasingly our courts, as well as the public, are recognizing and acknowledging how out of step America is with the rest of the civilized world; in executing its citizens the United States shares the company of countries such as China , Saudi Arabia and North Korea . Even Russia has given up on capital punishment, and just last month the United Nations General Assembly approved a non-binding resolution calling for a total moratorium on executions.

I recognize that this will not be an easy fight, nor will it occur quickly. This is a violent and blood-drenched nation and its citizens are deeply wedded to the simplistic solution offered by the hangman’s noose. We will not give up this idealized concept easily, and it may not happen during my lifetime. But history shows that beliefs and values do change, that our standards of decency do evolve. My gut tells me that we are on the cusp of change, even if it will be slow to come and even though some states will scratch and claw at the tides of change, only grudgingly relinquishing their grip on the executioner’s switch. But for the first time in decades I see a crack in the wall and a glimmer of light beyond the veil.

William Van Poyck was sentenced to death in Florida but was transferred to Virginia’s death row by the governor of Florida after Florida State Prison guards murdered Van Poyck’s codefendant, Frank Vales, in his death row cell in 1999.

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