SALT LAKE CITY — An anti-death penalty organization’s lawsuit asking the Utah State Prison to move a “free speech zone” closer to the prison was rejected Wednesday night.
The previous Wednesday, the group protested in front of the Utah State Capitol and announced the injunction against the zone, which is located two miles from the correctional complex.
The Free Speech Zone is a closed-off stretch of road marked by a flashing traffic sign and a row of floodlights. It is closer to the highway than the correctional facility, which lies behind one of the numerous white-and-gray distribution centers the size of a city block.
On Wednesday evening, the Great Salt Lake lay under a blanket of haze to the west, where paragliders and sailboats enjoyed the last rays of sun. To the east, smoke from wildfires flattened mountains and mines like a Polaroid. The group argues that in this remote area they are being deprived of their right to free speech, which they are entitled to under the First Amendment.
As the numerous protesters gathered in the free speech zone late Wednesday were infested with insects, one of the demonstrators, Rony Charles, carried a sign calling the death penalty “barbarism.”
“Who gives me the right to take another person’s life? I don’t think anyone should have that right, that power… to take another person’s life. It is barbaric to kill another human being,” he said.
More than two dozen protesters later gathered in the designated area as the hour of execution approached, many carrying signs while some prayed.
Shortly after 6 p.m., Third District Judge Laura Scott denied the motion on procedural grounds. According to the ruling, the plaintiffs submitted key evidence too late for the court to schedule an expedited hearing on the motion.
During the noon press conference on the steps of the state Capitol, protesters made a final appeal to the governor in the hope of preventing the execution of Taberon Honie.
“Now is the time for Utah to move away from this outdated and immoral method of punishment,” said Michelle Beasley, a parishioner at Blessed Sacrament Catholic Church in Salt Lake City.
“We are motivated by the healing power of love and the investment in change,” Beasley said. “We believe the death penalty serves no moral purpose.”
Utah Governor Spencer Cox has already rejected a request for a temporary stay of execution requested by Honie’s lawyers. Unlike in some states, Utah’s governor does not have the power to grant pardons or commute sentences, but can only grant temporary stays.
Participants on Wednesday presented arguments against the death penalty on political, ethical and religious grounds. Most representatives came from the local Catholic diocese and national organizations. The demonstration followed an event on Sunday and provided a platform for conversations about the death penalty.
“The death penalty is a wasteful and expensive government program that fails victims’ families and does not improve public safety,” said Nicholas Cote of the group Conservatives Concerned About the Death Penalty. “Tax dollars could be used more effectively to investigate unsolved cases, help grieving families process the pain and prevent violence before it happens.”
Cote argued that “geographic location, race, poverty and the broad discretion of the prosecutor” determine whether a defendant receives the death penalty, and that the arbitrariness of the sentence “leads to some lives being more valuable than others.”
“It is security theater and yet it is shrouded in secrecy,” he said.
J. Robert Latham, a lawyer and Libertarian Party gubernatorial candidate running against incumbent Spencer Cox, said: “I reject the prosecutors’ arguments that revenge is a valid justification for keeping the death penalty rather than abolishing it.”
“Death by imprisonment – life without parole – ultimately leads to a similar result,” Latham said. “And instead of spending $200,000 on a drug that is lethal when used as prescribed here, couldn’t the money be better spent on reparations and healing?”
Death Penalty Action executive director Abraham Bonowitz also joined in the criticism of the drug’s cost. “How can it cost the state of Utah $200,000, even for three or four doses?” he asked. “Whatever they bought, someone is making a profit, and that should outrage everyone.”
A petition collected for presentation to the governor’s office was littered with the names of members of the area’s Catholic community. Father Kenneth L. Vilapando, pastor of the Diocese of Salt Lake, spoke at the press conference and read prepared statements from Bishop Oscar A. Solis.
“I must call on all our Catholic brothers and sisters,” Vilapando said, “to stand against this blatant disregard for the sanctity of life and to call on our senators and representatives to put an end to this cruel and inhumane practice of killing through state-ordered executions.”
“The death penalty only repays suffering with suffering. It does not ensure justice, does not restore dignity, and does not make us safer as a society,” the statement said.
Randy Gardner, brother of the last man executed by firing squad in 2010, Ronnie Lee Gardner, spoke briefly, explaining how the trial left him and his family with severe negative effects, including post-traumatic stress disorder and nightmares. “This day will live with me forever,” he said, tears in his eyes.
The group slowly climbed the Capitol steps and streamed into the cavernous marble foyer and the governor’s office.
Cox’s deputy chief of staff, Michael Mower, greeted the somber procession in the crowded waiting room and listened to the speakers making their case one last time. “We’re not murderers,” Beasley said. “Please don’t kill him.”
A packet containing statements from various organizations and names from the petition was handed over, and Mower assured that these sentiments would be passed on. The crowd then left the hall to prepare for the upcoming execution that night.
This story will be updated.
Contribute: Daniel Woodruff
