Saturday, October 22, 2016



For Presentation To All Catholic Parishes/Congregations  in Nebraska


To:  Most Rev. George J. Lucas, Archbishop of Omaha
Most Rev. James D. Conley, Bishop of Lincoln
Most Rev. Joseph G. Hanefeldt, Bishop Grand Island

cc:  Governor Pete Ricketts, his cabinet & staff 
Nebraska Legislators & staff
Nebraska Supreme Court
Nebraska County SheriffsThe Police Officers' Association of NebraskaAttorney General Doug Peterson & staff                
Nebraska County Attorneys AssociationNebraska Crime Commission
U of Nebraska Law School Media throughout Nebraska

Subject: Nebraska Catholic Leadership: Their False Teachings & the Death Penalty

From : Dudley Sharp

Catholic leadership, in Nebraska, as elsewhere, keep the death penalty truth away from their flock.

That claim is supported, in detail, below and here (1).

The Nebraska Bishops are presenting error after error, week after week (1). It is long overdue to end it.

1) The Truth:  All Catholics May Support the Death Penalty

All good and faithful Catholics may, now,  support the death penalty, may support more executions and may, faithfully and thoughtfully, disagree with the Church's post 1995/1997 death penalty restrictions.

The Bishops False Teachings:

With the title of  "3. Prudence, schmrudence…” (2), the Nebraska Bishops, immaturely and disrespectfully, accuse Catholics of "acting like two year olds", when those "two year old" Catholics say that the 1995/1997 Catholic teachings on the death penalty are matters of prudential judgement and, because of that, such "two year old" Catholics find that all good Catholics may support the death penalty and more executions based upon prudential judgement. (2). 

The Evidence Against the Bishops:

Let's look at the blatant errors  and insulting language of the Bishops and who they call "two year olds":

The most prominent of the "two year olds" are three members of the Congregation for the Doctrine of the Faith (CDF) , the most authoritative voice for valid teachings within the Church:

--  Kevin L. Flannery S.J., Consultor of CDF

--  Cardinal-Prefect of CDF Joseph Ratzinger (1981-2005), currently Pope Emeritus Benedict XVI

--  Cardinal-Prefect of CDF William Levada (2005- 2012), who, currently, serves as Prefect emeritus of CDF

--  as well as all good and thoughtful Catholics who find the death penalty just and appropriate, while also finding that it saves more innocent lives.

The Proof:

These first two were delivered to the US Catholic Bishops, but have not been presented by the Bishops to their Nebraska congregations - an intentional  and major error of omission:

Cardinal-Prefect Ratzinger/Pope Emeritus Benedict XVI (2004):

"3.  ". . . if a Catholic were to be at odds with the Holy Father on the application of capital punishment or on the decision to wage war, he would not for that reason be considered unworthy to present himself to receive Holy Communion. While the Church exhorts civil authorities to seek peace, not war, and to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible to take up arms to repel an aggressor or to have recourse to capital punishment. There may be a legitimate diversity of opinion even among Catholics about waging war and applying the death penalty, but not however with regard to abortion and euthanasia."
"Worthiness to Receive Holy Communion: General Principles, Cardinal Joseph Ratzinger, from a memorandum sent by Cardinal Ratzinger to Cardinal McCarrick, made public in the first week of July 2004.

confirmed by Cardinal-Prefect William Levada (2004):

". . .  if a Catholic were to disagree with the Holy Father on the application of capital punishment… he would not for that reason be considered unworthy to present himself to receive Holy Communion... While the Church exhorts civil authorities… to exercise discretion and mercy in imposing punishment on criminals, it may still be permissible… to have recourse to capital punishment.  There may be a legitimate diversity of opinion even among Catholics about… applying the death penalty, but not with regard to abortion and euthanasia." “Theological Reflections on Catholics in Political Life and the Reception of Holy Communion,” a United States Conference of Catholic Bishops document.

2) The Truth:

This is another non-disclosure by the Nebraska Bishops, undermining the truth and their flock:

In reference to the death penalty errors by Pope John Paul II's Evangelium Vitae (EV - 1995) and the wrongful inclusion of those errors into the amended Section 2267 of the CCC, Kevin L. Flannery S.J., Consultor CDF, writes:

“The most reasonable conclusion to draw from this discussion is that, once again, the Catechism is simply wrong from an historical point of view. Traditional Catholic teaching did not contain the restriction enunciated by Pope John Paul II (within Evangelium Vitae -  EV)." (3).

That EV restriction was the foundation for the recent (1997) error filled change to Church teaching on the death penalty (4) and without that foundation that recent changes can be found invalid.

Flannery continues: “The realm of human affairs is a messy one, full of at least apparent inconsistency and incoherence, and the recent teaching of the Catholic Church on capital punishment — vitiated, as I intend to show, by errors of historical fact and interpretation—is no exception.” (3).

A review of some of the problems within the amended CCC 2267  (4).

NOTE: Flannery was appointed by Pope John Paul II.

3)  More Bishops' False Teachings:

The Bishops state:

"According to Catholic teaching, the state may impose the death penalty if this punishment is the only available means to protect society. Therefore, this option should not be exercised when, other, non lethal means, more respectful of human life are available." "This principled Catholic response is shaped by our commitment to the life and dignity of every human person and the common good." (5). 

Additional False Teachings of the Bishops:

a) The Bishops, again, intentionally leave out relevant Catholic teachings, paragraphs (1) and (2), above, misleading their flock.

b) Establishing a false and irrational standard -   if the death penalty "is the only available means to protect society" -  should not be accepted by anyone.

Rationally and traditionally, the standard should be 1) what is the most just sanction for the crime committed, reasserted as the primary teaching, as "redress", in the most recent CCC, and 2) which sanction will, after the primary just consideration, protect society to a greater degree than other sanctions (6).

The Bishops know that to be the death penalty, as previously reviewed (1,6).

The additional reason that "the only available means" is a false teaching is that it, intentionally, avoids reality.

For example, "the state may impose incarceration on priests who sexually prey on children if this punishment is the only available means to protect children."

For decades, the Church thought there was another available means to protect children. The Church was wrong, then, just as She is, now.

Reality, you see, matters.

For example, the state of the criminal justice system, in the US, since 1973:

Some 16,000 innocents have been murdered by those known murderers that we have allowed to murder, again - recidivist murderers (6) and

Some 400,000 innocents have been murdered by those known criminals we have allowed to harm, again - recidivist criminals. (6)

Does the US have the means to do better? Of course. Have they? Sometimes yes, sometimes no.

The Bishops are very aware of this, but look the other way, insisting on the fictional standard - "means available", in opposition to reality,  thereby sacrificing more innocents.

 The Bishops state: "It just so happens that in our time the Church has assessed the options and has come to the prudential conclusion that in our modern era non-lethal means are present practically everywhere. Therefore, the use of the death penalty should be “very rare, if not practically nonexistent.” (2).

 . . .  which is rebutted by known reality, as detailed above and here  (6).

c) As is well known by many, inclusive of the Bishops, the foundation for 2000 years of pro death penalty Catholic teaching is based upon "respect for human life", a "commitment to the life and dignity of every human person and the common good."

What the Bishops and other anti death penalty Church leadership are, now, saying is that for 2000 years the Church supported a sanctions that did not respect human life, was against life, against the dignity of every human person and against the common good.

Thoughtful Catholics understand that such is not true and cannot be true.

4) The Bishops Four "FALSE" Reasons to Abolish the Death Penalty (5)

a) "Re-instating the death penalty would risk innocent lives". - False

Bishops' false teachings:

--  As the Bishops well know and have never rebutted (1), innocents are better protected with the death penalty, in three ways, than with life without parole (LWOP) (6).

The Bishop's death penalty repeal position will sacrifice more innocent lives.

--  Bishops: "Take for example the story of Kirk Bloodsworth. Kirk spent nearly 9 years on death row in Maryland after he was wrongfully convicted and sentenced to death for the rape and murder of Donna Hamilton." " . . . more than 150 people sentenced to death have been released from death row because they were acquitted, dismissed from prosecution or pardoned based upon evidence of innocence." (4)

More false problems for the Bishops

Bloodsworth was never at risk of execution. He was on death row for 2 years, not 9, and then 7 years serving a life sentence, prior to release.

In the modern era death penalty, post Gregg v Georgia (1976),  Maryland has executed four murderers, who appealed their sentences and were executed, averaging 12 years from sentence to execution, with the shortest being 9 years.

Three time Maryland murderer, Thanos, waived his appeals and was executed in 1994, 2 years after  his sentencing.

Thanos, to the victim's families:  "(your murdered childrens') cries bring laughter from the darkest caverns of my soul. I don't believe I could satisfy my thirst yet in this matter unless I was to be able to dig these brats' bones up out of their graves right now and beat them into powder and urinate on them and then stir it into a murky yellowish elixir and serve it up to their loved ones".

Thanos murdered Billy Winebrenner, 16, and his girlfriend, Melody Pistorio, 14, during a robbery and murdered  Gregory Allen Taylor, 18, in another crime, for which he was, also, sentenced to death.

--  The 150 (now 156) represent, maybe 36 actually innocent people sent to death row (0.4% of the total), all but one of which has been set free, with that one dying on death row, from cancer, just as he would have serving LWOP.

It is a remarkable record of accuracy.

There is no proof of an innocent executed in the US, at least since the 1930s.

Yet we have:

Some 16,000 innocents have been murdered by those known murderers that we have allowed to murder, again - recidivist murderers (6) and

Some 400,000 innocents have been murdered by those known criminals we have allowed to harm, again - recidivist criminals (6).

A rational assessment would be that the Bishops real concern is not innocents at risk, but only sparing murderers.

Exactly as Catholic theologian Steven Long assessed:

"The misbegotten application of categories of speech appropriate in regard to the murder of innocents to the vastly different application of just penalty for grave evil, is symptomatic of a society that can garner more support to spare the guilty than to save the innocent."

"The crowd still wants Barrabas." (1b)

b) "Reinstating the death penalty would be cruel to victims' families." (4). - False

The Bishops' hypocrisy and false teachings:

1) As per the video (5), because of long appeals times, the Bishops contend that the death penalty harms the victims' families. The Bishops, constantly, use false, secular anti death penalty rhetoric, as they do, here. How about reality:

These problems are not the death penalty's fault. It is the fault of the sanction's managers - the legislature, governor, attorney generals, judges, etc.

As the Bishops are well aware:

--   There have been nearly 1000 executions in other states, over the last 20 years, when Nebraska has had none and

--  Virginia has executed 112 murderers, since 1976, and has done so within 7 years of appeals, on average.

The Bishops are very aware that Nebraska has the "means available" to duplicate those two examples, but chose a less responsible path, instead.

2) From the 168 victims in the Oklahoma City Bombing, the Bishops use only one anti death penalty voice, Bud Welch, whose daughter Julie was murdered in that bombing, to speak in opposition to the death penalty.

The Bishops also presented Mariam Thimm Kelle, whose brother, Jim,  was, gruesomely, tortured over a long period of time, then murdered in  a capital crime, by murderer Michael Ryan, Her complaints were that appeals go on and on and that way too much attention is paid to the murderer but not to her brother.

Reality Opposes the Bishops, Again.

It appears that in excess of 95% of the murder victims' survivors, from that bombing, are in favor of the death penalty (7), reflecting other examples, with similar huge support percentages, from other specific death penalty eligible murders (7).

Did the Bishops show any interest in the opinions of those loved ones, who, overwhelmingly, support the death penalty? None that they made known. 

Such is common for anti death penalty folks, who often cause more harm (8) to those victim survivors, who support the justice of the death penalty, as well as its uncontested ability to protect additional innocents, to a higher degree than any other sanction (6).

Thimm Kelle is right to complain, but Nebraska, as other states have the means necessary to shorten appeals, as detailed and as the Bishops well know.

Anti death penalty folks and the media, overwhelmingly, concentrate on the murderers and not their victims (8). It would be great if the Bishops would start a public campaign to help change that.  Possibly, the Bishops could start with this group (9).

c) The Bishops say the death penalty is too costly:  "It is well established that pursuing the death penalty results in considerably greater costs than life imprisonment. The non partisan Death Penalty Information Center concluded, in 2013, that Nebraska had spent $100 million on death penalty cases since 1976."

More Bishop False Teachings

--  The Death Penalty Information Center is a very well known anti death penalty group, which perpetrates some of the greatest deceptions in the death penalty debate.

--  The Bishops are, completely, unaware, because they do not fact check.

--  If the Bishops did fact check, they would know that some studies find the death penalty is less costly than life without parole (LWOP) (10) and that many of the studies finding the death penalty more expensive than LWOP are, completely, unreliable (10).

      But, the Bishops will not fact check.

---  The Bishops are well aware that in Nebraska's last legislative session, that three fiscal notes found no state savings in death penalty repeal.

Such non disclosure reflects, again, very poorly, on the Bishops.

d)  The Bishops find that the death penalty less humane than LWOP.

The Bishops should review the eternal reasons for the death penalty, detailed in 2000 years of Catholic teachings (1), as opposed to relying upon the secular.

1) a) Catholic Bishops: So Wrong on Death Penalty, 9/3/16,

    b) Four Catholic Journals Indulge in (anti death penalty) Doctrinal Solipsism, 
Stephen Long, THOMISTICA, March 5, 2015,

    c) The Bishops, constantly, invoke secular anti death penalty errors, without fact checking.  Fact checking is required. This is my basic pro death penalty introduction, countering all basic anti death penalty claims used by the Bishops. Fact checking welcome.

    The Death Penalty: Justice & Saving More Innocents

d)  "Why the Church Cannot Reverse Past Teaching on Capital Punishment", Part 1, Edward Feser , Joseph M. Bessette, Catholic World Report,  July 17, 2016,

      "Why the Death Penalty is Still Necessary", Part 2, Edward Feser, Joseph M. Bessette, Catholic Word Report,  July 21, 2016,

e)  Rebuttal of Four Catholic Publications Call For End to Capital Punishment,

f)  New Testament Death Penalty Support Overwhelming

2) 3 WAYS CATHOLICS MISUNDERSTAND THE DEATH PENALTY, Archdiocese of Omaha, August 23, 2016,

3) “Capital Punishment and the Law”, Ave Maria Law Review, 2007 (30 pp), Kevin L. Flannery S.J., Consultor of the Sacred Congregation for the Doctrine of the Faith (since 2002) and Ordinary Professor of Ancient Philosophy at the Pontifical Gregorian University(Rome) and Permanent Research Fellow -  Mary Ann Remick Senior Visiting Fellow at the Notre Dame Center for Ethics and Culture (University of Notre Dame)

4)  Catholic Church: Problems with Her Newest Death Penalty Position:
The Catechism & Section 2267

5)  Watch the video first.


6)   The Death Penalty: Saving More Innocent Lives

         The Catechism and State Protection

7)  95% Death Penalty Support by Capital Murder Survivors

8) Anti Victim: Anti Death Penalty Movement

9)  Victim's Voices - These are the murder victims

10) Saving Costs with The Death Penalty

Tuesday, September 20, 2016

Catholic Bishops: So Wrong on Death Penalty

Catholic Bishops: So Wrong on Death Penalty

sent 9/3/2016

To:  Most Rev. George J. Lucas, Archbishop of Omaha
Most Rev. James D. Conley, Bishop of Lincoln
Most Rev. Joseph G. Hanefeldt, Bishop Grand Island
and Tom Venzor, of The Nebraska Catholic Conference, which represents the mutual public policy interests of the three Catholic Bishops of Nebraska.

cc:  Governor Pete Ricketts, his cabinet & staff 
Nebraska Legislators & staff
Nebraska Supreme Court
Nebraska County Sheriffs
The Police Officers' Association of Nebraska
Attorney General Doug Peterson & staff                     
Nebraska County Attorneys Association
Nebraska Crime Commission
U of Nebraska Law School
Media throughout Nebraska
RE: Complete Rebuttal: "Local View: The real cost of the death penalty". Tom Venzor, Journal Star, 8/24/2016
From: Dudley Sharp
Since the 1997 death penalty amendment to the Catechism, the Church has presented error after error, over and over, again (1), on the subject of the death penalty.
Nebraska's Catholic Bishops have chosen willful ignorance, again.
All the Bishops have done is parrot the, easily, rebutted anti death penalty falsehoods. It is long past due for Catholic leadership to be more responsible.
"Bishops" is the quote by the Bishops.  "Sharp" is my reply
1) Bishops: "(The death penalty) costs us our human dignity. Execution costs us the opportunity to achieve justice without taking life, to overcome our penchant for vengeance, to build a culture that values all human life, and establish a civilization of mercy. The death penalty coarsens our sense of life’s value and dignity."
Sharp:  Not only is this not true, it cannot be true.
For more than 2000 years, there has been Catholic New Testament support for the death penalty, from Popes, Saints, Doctors and Fathers of the Church, church leadership, biblical scholars and theologians (2) that, in breadth and depth, overwhelms any teachings to the contrary, particularly those wrongly dependent upon secular concerns such as defense of society and the poor standards of criminal justice systems in protecting the innocent (1, 5).
What the Bishops are saying, as many others in Church leadership, today, is that for 2000 years the Church has supported a sanction which opposes justice, supports vengeance, takes away human dignity and life's value.
The Church's teachings on the sanction, for over 2000 years, are the exact opposite of what the Bishops are, now,  saying, which anyone familiar with Church teachings would know (2).
2) Bishops: "The cost of the death penalty can be measured by the lives of those unjustly put to death for crimes they didn't commit."
Sharp reply:  The Bishops are oblivious to reality.
There are no proven actual innocents executed in the US, at least since the 1930s (3).
Since 1973, some 16,000 innocents have been murdered in the US by known murderers that we have allowed to murder, again - recidivist murderers (4).
Since 1973, some 400,000 innocents have been murdered by those known criminals that we have released from prison or chosen not to incarcerate (4).
Virtually, none in the leadership of the Church has voiced any acknowledgement for those innocents murdered or the reality of the huge errors in criminal justice systems that allow such massive harm to innocents (5).
In fact, the Church, incomprehensibly, parrots, over and over, again, this huge error within CCC 2267:
"Today, in fact, given the means at the State's disposal to effectively repress crime by rendering inoffensive the one who has committed it, without depriving him definitively of the possibility of redeeming himself, cases of absolute necessity for suppression of the offender 'today ... are very rare, if not practically non-existent."
The reality of the "means at the State's disposal" are the countless cases of additional harm to innocents, detailed above, as the product of the State's criminal justice systems, extremely well known (4,5) by anyone who cares to be concerned, but never by Church leadership.
The Church's willful ignorance is astounding, even more so as it occurs within the huge shadow of the priest sex scandal, whereby the "means" of the Church did nothing, for decades, to stop harm to innocents.
The Church is making the same error, again.
Will the Church and the Bishops ever even show that they care? How many more years will it take?
3) Bishops: "Since DNA testing has made new methods of investigation possible, hundreds of people across the country have been exonerated of criminal convictions. Nebraska’s own “Beatrice Six” were exonerated by DNA in 2008. The death penalty costs the lives of innocent people."
Sharp reply:  As detailed, above, and not rebutted, innocents are much more at risk when we allow murderers to live. This is not in dispute.
Because of DNA, the death penalty and all other sanctions are more likely to confirm the actually guilty and to free or never prosecute the actually innocent, as with the Beatrice Six.
DNA has made criminal justice more accurate.
4) Bishops: "The cost of the death penalty can be measured in the inequality of sentencing. The race and social status of criminals has frequently shown to be a factor in sentencing. So has the location of the crime, and the social status of the victim. Justice is supposed to be blind."
Sharp reply:   Justice:
Overwhelmingly, the factor in sentencing the murderer to death is the commission of a capital crime.
The Bishops, completely, left that consideration out, a sad commentary on how the Bishops have avoided the moral wrong of capital murder and the plight of the innocent murder victims, as the Bishops, instead, forget those and just parrot the standard anti death penalty playbook.
On to the additional errors by the Bishops:
White murderers are twice as likely to be executed as are black murderers
56% of those executed are white, 35% black (6).

For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault (6).

For the Hispanic- White comparison, the Hispanic level is 4.0 times greater than the White level for homicide, 3.8 times greater for robbery, 2.8 times greater for rape, and 2.3 times greater for aggravated assault (6).

For the Hispanic–Black comparison, the Black level is 3.1 times greater than the Hispanic level for homicide, 4.1 times greater for robbery, 2.4 times greater for rape, and 1.9 times greater for aggravated assault (6).

As robbery/murder is, by far, the most common death penalty eligible murder, the multiples will be even greater.

From 1977-2012, white death row murderers have been executed at a rate 41% higher than are black death row murderers, 19.3% vs 13.7%, respectively. ( Table 12, Executions and other dispositions of inmates sentenced to death, by race and Hispanic origin, 1977–2012, Capital Punishment 2012, Bureau of Justice Statistics, last edited 11/3/14)

"There is no race of the offender / victim effect at either the decision to advance a case to penalty hearing or the decision to sentence a defendant to death given a penalty hearing." (6)
"99.8% of poor murderers have avoided execution."
"It is, solely, dependent upon the definitions of "wealthy" and "poor", as to whether wealthy murderers are any more or less likely to be executed, based upon the very small number and percentage of capital murders that are committed by the wealthy, as compared to the poor. (7)"
The majority of murders, robberies and rapes occur in about 2% of US counties, exactly reflecting why death penalty cases come out of a tiny minority of locations, as one would suspect, facts, apparently, completely unknown to the Bishops.
When will Church leadership learn to fact check anti death penalty claims and to once, again, care about the truth?
It's long overdue.
5) Bishops: "The death penalty is needed when execution is the only way to keep a community safe from a persistent threat." " . . the death penalty is a panacea: it provides the illusion of security and deterrence . . .".
Sharp reply: As detailed, the Bishops' anti death penalty position puts more innocents at risk. Why that known, unmerciful position would be taken, particularly,  in the huge shadow of the priest sex scandal, is a very sad mystery.
As detailed in the most recent CCC, justice must be primary, safety secondary. The Church cannot replace an eternal teaching with a secular one (1,2).
The death penalty protects more innocents, in three ways, than do lesser sanctions (5).
The Bishops anti death penalty position harms more innocents.
6) Bishops: "Economist Dr. Ernie Goss reported this month that the death penalty costs Nebraska $14.6 million annually."
Sharp reply: Goss has declared his own study unreliable, just as basic fact checking does. It's much worse than unreliable (8). Just more anti death penalty nonsense accepted by the Bishops with zero fact checking.
When will the Bishops become more responsible?
1) Catechism Death Penalty Problems: Section 2267
2) New Testament Death Penalty Support Overwhelming
Why the Church Cannot Reverse Past Teaching on Capital Punishment, Profs. Edward Feser and Joseph M. Bessette, The Catholic World Report, July 17, 2016,
3) The Innocent Frauds: Standard Anti Death Penalty Strategy


5) Catechism & State Protection

8) Ernie Goss' Nebraska Death Penalty Cost Study: How Bad Is It?
Why the Death Penalty is Still Necessary, Profs. Edward Feser and Joseph M. Bessette,  The Catholic World Report, July 21, 2016

Thursday, August 25, 2016

Nebraska's (Goss) Death Penalty Cost Study: How Bad Is It?

Ernie Goss' Nebraska Death Penalty Cost Study: How Bad Is It?
Dudley Sharp

Anti death penalty folks never cease to amaze.

How bad is Retain a Just Nebraska's (Retain) death penalty cost study?

1) Retain spent $16,000 on a study found unreliable by the study's primary author, Ernie Goss,  who states:

"As I indicated in the (Nebraska cost) study (1), due to the small sample size (n=19), the margin of error was too large produce reliable results on the annual costs of the death penalty." (Goss email -  , RE: More Clarification: The Economic Impact of the Death Penalty on the State of Neb, dated 8/18/2016 5:15:12 P.M. Central Daylight Time)

2) Did anyone see Goss' claims in his study or news conferences about how unreliable his study is? No.

1% error rate.

There are near countless variables, other than the presence or absence of the death penalty, which could have caused the cost differences between and within the states.  Death row inmates make up 0.16% of all state prisoners.

Of course Goss' results are unreliable.

But, it gets even worse for Goss and Retain.

1) Yes, No?

Goss presented a number of problematic cost studies from other states (2), which Goss stated were 1) essential to the cost calculations, then that 2)  they had not even been used for the cost calculations, then that 3) he didn't even fact check (vet) those cost studies then that 4) the study involved "sorting (those cost studies) conclusions based on the methodology used, and identifying the data that are suitable for analysis."

What a mess.

If Goss depended on the, also, unreliable cost studies from other states, to establish Nebraska's death penalty cost (as he said he did), it must be unreliable, as Goss confirms, and has zero relevance to Nebraska.

If Goss didn't depend on the, also, unreliable cost studies from other states (as he said he didn't), why would he include them?

Goss states: "As I said , the other studies quoted in my study had nothing to do with my estimated annual cost of $14.6 million." " I used ONLY U.S. Census Data to perform my estimates."  (Goss email -  Subj: RE: More Clarification: The Economic Impact of the Death Penalty on the Stat..., 8/19/2016 2:22:32 P.M. Central Daylight Time)

In fact, the Goss study says the exact opposite:

"Based on other studies examining the cost of a DP prosecution versus a LWOP prosecution: • Each DP prosecution cost the Nebraska taxpayer almost $1.5 million above and beyond the cost of an LWOP prosecution. - $740.1 thousand of post-conviction costs over the life of the prisoner. - $619.4 thousand of maximum security costs over the life of the prisoner. - $134.0 thousand of in-kind payments, or opportunity costs, over the life of the prisoner. ((1) p 3)

Goss is saying that the other cost studies, which he admits he did not fact check, were the exact studies that made up  the entire death penalty excess cost claims by Goss, in total contradiction to his email.

Then this: "The present study brings the results of nearly all the relevant studies conducted in the United States together to determine the cost of the DP in Nebraska." ((1) p 26, 27)

Goss tells us that "all the relevant studies conducted in the United States" were used "to determine the cost of the DP in Nebraska."

Which Goss contradicts, again,  with this:

"As I (Goss) said , the other studies quoted in my study had nothing to do with my estimated annual cost of $14.6 million."  "I (Goss) used ONLY U.S. Census Data to perform my estimates." (Goss email,  RE: More Clarification: The Economic Impact of the Death Penalty on the Stat..., 8/19/2016 2:22:32 P.M. Central Daylight Time)

Got that?

Goss continues: "In order to undertake a meta-analysis, a systematic review was conducted to select and review all studies relevant to the subject area, sorting their conclusions based on the methodology used, and identifying the data that are suitable for analysis." ( (1) p 26)

Just more contradictions:

Goss: "I quoted the findings from other studies (but did not rely on them)."  (Goss email -  RE: More Clarification: The Economic Impact of the Death Penalty on the State...8/19/2016 1:03:16 P.M. Central Daylight Time)

In total contradiction to Goss' study. 

Could Goss contradict himself, anymore?

As Goss quotes:

“Reviewers often cite the conclusions of previous reviews without examining those reviews critically,” (Rudner et. al., 2002). ( (1) p26).

Just as Goss states he fact checked none of the studies he presented and/or relied upon: 

"To think that I (Goss) would fact check the findings from a peer-reviewed  published article indicates a lack of understanding about the peer review process." (Goss email -  RE: More Clarification: The Economic Impact of the Death Penalty on the State..., Sent: 8/19/2016 1:03:16 P.M. Central Daylight Time)

Just to think that Goss might lower himself to fact checking (vetting)! Goss didn't fact check (vet) them, but fully relied upon them  . . . or not.

Then there is this: 

2) Goss "allegedly" used a quote from Kent Scheidegger -  Goss' "quotation" of Scheidegger was the factual opposite of what Scheidegger actually stated.(3). Scheidegger, actually, found that plea bargains, made possible by the presense of the death penalty, do save money for the states.  . . . 

Later, this:

Scheidegger: "For (Gross) to allow this egregious error to continue in the "corrected" version of his paper is gross negligence and academic malpractice at best. At worst, it is intentional deception.(4)"

A surprise?

and Goss' study just gets worse - another mess for Retain.

1) The Economic Impact of the Death Penalty on the State of Nebraska: A Taxpayer Burden?, Produced for: Retain A Just Nebraska, August 15, 2016, Goss & Associates Economic Solutions, Ernest Goss, Ph.D., Principal Investigator, Scott Strain, M.S., Senior Research Economist, Jackson Blalock, Research Assistant

2) Compare these to the corresponding studies used by Goss

Saving Costs with The Death Penalty 

3) Author: Goss told “Bald-Faced Lie” on the Cost of the Death Penalty*AUGUST 19, 2016, 


A Bald-Faced Lie on the Cost of the Death Penalty v. LWOP, Kent Scheidegger, Crime and Consequences Blog, August 18, 2016

4) "Deceit (or Reckless Disregard of the Truth) Continues in Nebraska Cost Paper"
August 20, 2016 12:53 PM | Posted by Kent Scheidegger,

Wednesday, April 20, 2016

Judge Michael Luttig's victim impact statement

Judge Michael Luttig's victim impact statement
Upon the sentencing of the two men who murdered his beloved father in front of his mother.
May it please the Court.
It is one of life's ironies that I appear before the Court for the reason that I do. But I do so to represent my dad -- who is not here -- and his wife, and daughters. His family, my family.
More than anything else, I do this to honor him, because if the roles were reversed, he would be standing here today. Of this I am certain.
I also owe this to the other victims of violent crime who either stand silently by, or who speak and are not heard. I owe it to the public. I owe it, as well, to Donald and Cedric Coleman, who may yet not understand the magnitude of the losses they inflicted on the night of April 19.
Words seem trite in describing what follows when your husband is murdered in your presence, when your father is stripped from your life. The horror, the agony, the emptiness, the despair, the chaos, the confusion, the sense -- perhaps temporary, but perhaps not -- that one's life no longer has any purpose, the doubt, the hopelessness.
There are no words that can possibly describe it, and all it entails. But being the victim of a violent crime such as this is at least these things. Exactly these things in my family's case; the equivalent of these things in the countless other cases.
While it is happening and in the seconds and the minutes thereafter . . .'s the sheer horror of half-clothed people with guns storming up your driveway toward you in the dark of night, when you are totally defenseless's what must be the terrifying realization that you are first about to be, and then actually being, murdered
.... it's perhaps seeing in your last moment what in your mind you know was the murder of your wife
.... it's crawling on the floor of your own garage in the grease and filth, pretending you're dead, so that you won't be shot through the head by the person who just murdered your husband
.... it's realizing your husband has been gunned down in your driveway on your return from the final class you needed to complete your education -- an education that had been the goal of both of you since the day you were married
.... it's knowing that the reason that your husband was with you -- indeed, the reason that you were in the car that night at all -- is that his Christmas gift to you the previous year was the promise that you could take the class and that he would take you to and from, so that nothing would happen to you
.... it's mercilessly punishing yourself over whether you could have done something, anything at all, to have stopped the killing.
Moments later, across a continent . . . 

.... it's being frightened out of your mind in the middle of the night by a frantic banging on your door -- calling the police, then canceling the call -- and then answering the door. Your body goes limp as you see one of your best friends standing in the doorway. No words need even be spoken. For you know that the worst in life has happened. Then, he tells you: "Your mom just called. Father was murdered in the driveway of your home."
.... it's realizing that, at that very moment, the man you have worshipped all your life is lying on his back in your driveway with two bullets through his head.Across the globe. .
.... it's your husband taking the emergency international call, pulling down the receiver, fumbling for the words, as he starts to deliver the news. "This is the hardest thing I will ever have to tell you," he begins. Then, it is the calls home, or at least to what used to be home, first one, then the other. In eerie, stunned calmness, you hear your mother utter the feared confirmation: "Yes, your dad was just murdered. You better come home." Now you believe.
Within hours . . .
.... it's arriving home to television cameras in your front yard, to see your house cordoned off by police lines; police conducting ballistics and forensics tests, and studying the place in the driveway where your father had finally fallen dead -- all as if it were a set from a television production
.... it's going down to the store where your dad had always shopped for clothes, to buy a shirt, a tie that will match his suit, and a package of three sets of underwear (you can only buy them in sets of three) so your dad will look nice when he is buried
.... it's being called by the funeral home and told that it recommends that the casket be closed and that perhaps your mom, sister, and wife should not see the body -- and you know why, without even asking
.... it's walking into the viewing room at the funeral home and having your sister cry out that that just can't be him, it just can't be.
In the days that follow . . .
.... it's living in a hotel in your own hometown, blocks away from where you have lived your whole life, because you just can't bear to go back
.... it's packing up the family home, item by item, memory by memory, as if all of the lives that were there only hours before are no more
.... it's reading the letters from you, your sister, and your wife, that your dad secreted away in his most private places, unbeknownst to you, realizing that the ones he invariably saved were the ones that just said "thanks" or "I love you." And really understanding for the first time that that truly was all that he ever needed to hear or to receive in return, just as he always told you
.... it's carefully folding each or your husband's shirts, as you have always done, so that they will be neat when they are given away
.... it's watching your mother do this, in your own mind begging her to stop
.... it's cleaning out your dad's sock drawer, his underwear drawer, his ties
.... it's packing up your dad's office for him, from the family picture to the last pen and pencil
.... it's reading the brochures in his top drawer about the fishing trip you and he were to take in two months -- the trip that your mother had asked you to go on because it meant so much to your dad.
In the weeks thereafter . . .
.... it's living in absolute terror, not knowing who had murdered your husband and tried to murder you, but realizing that often such people come back to complete the deed, and wondering if they would return this time
.... it's furiously writing down the license number of every Ford Probe for no reason other than it was a Ford Probe, hoping that through serendipity, it might be, and sometimes fearing, that that is exactly what might happen
.... it's never spending another night in your own home because the pain is too great and the memories too fresh
.... it's all day every day, and all night, racking your brain to the point of literal exhaustion over who possibly could have done this. It's questioningly looking in the corners of every relationship, to the point that, at times, you are almost ashamed of yourself. Yet you have no choice but to continue, because, as they say, it could be anyone
.... it's thinking the unthinkable, that perhaps the act was in retaliation for something you had done in your job. You ask yourself, "If it was, should I just walk away?"
.... it's watching the re-enactment of your dad's, your husband's murder on television, day and night, and every time you pick up the newspaper
.... it's reading the "wanted" poster for the people who murdered him, while checking out at the grocery store
.... it's telling your family night after night that it will be all right, when you don't believe it yourself.
Then they are finally found, and . . .
.... it's collapsing on the kitchen floor when you are told -- not from relief, but from the ultimate despair in learning that your husband was indeed killed for nothing but a car, and in an act so random as to defy comprehension
.... it's watching your mother collapse on the floor when she hears this news and knowing that she will not just have to relive the fateful night in her own mind, now she will have to relive it in public courtrooms, over and over again, for months on end.In the months that follow. .
.... it's putting the family home up for sale and being told that everyone thinks it is beautiful, but they just don't think they could live there, because a murder took place in the driveway
.... it's the humiliation of being told by the credit card companies, after they closed your husband's accounts because of his death, that they are unable to extend you credit because you are not currently employed
.... it's receiving an anonymous call that begins, "I just learned of the brutal carjacking and murder of your father," and that ends by saying. "I only wish your mother had been raped and murdered, too."
.... it's the crushing anxiety of awaiting the trauma and uncertainties of public trials.The day arrives, and. .
.... it's listening, for the first time, to the tape of your mother's 911 call to report that her husband, your father, had been murdered. Hearing the terror in her voice. Catching yourself before you pass out from the shock of knowing that, through that tape, you are present at the very moment it all happened
.... it's hearing the autopsy report on how the bullets entered your father's skull, penetrated and exited his brain, and went through his shoulder and arm
.... it's listening to testimony as to how long he might have been conscious, and thus aware of what was happening -- not just to him but to the woman that he had always said he would give his life for
.... it's looking at the photographs of your dad lying in the driveway in a pool of blood, as they are projected on a large screen before your friends and family, and before what might as well be the whole world
.... it's having to ask your son what the expression was on your husband's face
.... it's listening to a confession in which the person says that he just thought your dad was "playing possum."
.... it's listening to your own mother, a lady of ultimate grace, testify publicly as to how she crawled under the car, in the grease and the filth, to avoid being murdered
.... it's hearing her say that the only thing she could think of was what it was going to be like to be shot through the back of the head
.... it's watching her face as she relives that night, time and again.
As the trauma of the trial subsides . . .
.... it's getting down on your hands and knees and straightening your dad's new grave marker and packing the fresh dirt around it, so that it will be perfect, as he always insisted that things be for you
.... it's sitting across from each other at Thanksgiving dinner, each knowing that there is but one thing on the other's mind, yet pretending otherwise for their sake
.... it's telling your wife that the meat was great, when you could barely keep it down and hardly wait to finish
.... it's trying to pick out a Christmas gift for your mother that your dad would have picked out for her
.... it's sitting beside your father's grave into the night in 30-degree weather, so that he won't be alone on the first Christmas
.... it's putting up, by yourself, the basketball goal that you got last Christmas so that you and your dad could relive memories as you passed the years together
.... it's finishing by yourself all of the projects that you have not an idea how to do, and that your dad had said, "Save for the summer and we'll do them together. I'll show you how."
.... it's hearing your 2-year-old daughter ask for "Pawpaw" and seeing your wife choke back the tears and tell her, "He's gone now, he's in heaven."... it's having the clothes your dad was most proud of altered, so you can wear them in his honor
.... it's wondering whether your wearing the clothes will be too painful for your mother.
In the larger sense . . .

.... it's shaking every time you drive into a darkened driveway
.... it's feeling your body get rigid every time that you drive into a garage
.... it's being nervous every time you walk to your car, even in the open daylight
.... it's being scared to answer any phone call or any knock at the door at night (or, for that matter, during the day) because another messenger may be calling.
Finally, it's the long-term effects . . .
.... it's the inexplicable sense of embarrassment when you tell someone that your husband or your father was murdered -- almost a sense of guilt over injecting ugliness into their lives
.... it's going out to dinner alone, knowing that you will be going out alone the rest of your life
.... it's that feeling -- wrong, but inevitable -- that you will always be the fifth wheel
.... it's living the rest of your life with the fact that your husband, your father, suffered one of the most horrifying deaths possible
.... it's never knowing, yet fearing that you know all too well, what those final moments must have been like
.... it's constantly visualizing yourself in his place that night, moment by excruciating moment
.... it's realizing that you will never even get the chance to repay your dad for making your dreams come true
.... it's living with the uncomfortable irony that he lived just long enough to see to it that your dreams came true, but that his never will
.... it's knowing you never had, and will never have, that one last time to say thanks for giving me, first, life itself, and then, all that it holds.
And . . .

.... it's knowing that this is only the beginning and the worst is yet to come
.... The haunting images
.... The emptiness
.... The loneliness
.... The directionlessness
.... The sickening sense that it all ended some time ago, and that you are but biding time.
Of course, for my mother, my sister, my wife and I, the sun will come up again, but it will never come up again for the real victim of this crime. Not only will he never see what he worked a lifetime for, and was finally within reach of obtaining. That would be tragedy enough. But, even worse, he died knowing that the only thing that ever could have ruined his life had come to pass -- that his wife and his family might have to suffer the kind of pain that is now ours -- and he was helpless to prevent it even as he saw its inevitability.
We live by law in this county so that, ideally, no one will ever have to know what it is like to be a victim of such violent crime. If I had any wish, any wish in the world, it would be that no one ever again would have to go through what my mother and my father experienced on the night of April 19, what my family has endured since and must carry with us the rest of our lives.
Crimes such as that committed against my family are intolerable in any society that calls itself not only free, but civilized. The law recognizes as much, and it provides for punishment that will ensure at least that others will not suffer again at the same hands, even if it does not prevent recurrence at the hands of others. On behalf of my dad, and on behalf of my mother and family, I respectfully request that these who committed this brutal crime receive the full punishment that the law provides.
Three people were needed to complete this crime. Each of the three was as instrumental to its success as the other. There were no passive bystanders among the gang that executed my dad.
Thank you, Your Honor.
Napoleon Beazly was executed May 28, 2002, for being the triggerman in this murder, attempted murder and carjacking
This victim impact statement can be found throughout the web, inclusive of here: