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issue, or have a bad day.” One defendant, he said, will get a new trial because his lawyer
objected, preserving the issue for review on appeal, while another defendant will be executed
because his trial lawyer did not promptly object to the error. Mr. Goltzer asserted that this is
fundamentally unfair, particularly in capital cases.
12. Religious-based Views
Testimony concerning religious views on the death penalty was primarily in opposition to
capital punishment. Several witnesses urged that long sentences and life without parole are a
better alternative than the death penalty. Many witnesses identified their God as sovereign, wise
and omnipotent; only God, these witnesses contended, can give life and take it away.
In addition, witnesses testified that mistakes can be made through human error possibly
leading to an innocent person being executed. Several testified that the hope of an execution
giving peace of mind is rarely, if ever, realized.
The Steering Committee of New York Religious Leaders Against the Death Penalty
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(hereinafter “Steering Committee”), in its “Interfaith Statement on Capital Punishment” stated
that “much more can and must be done by the religious community, in particular, and by society
in general to comfort and care for grieving families of murder victims, without resorting to
vengeful and violent solutions.”
One organization, the Brethren, a Christian Fellowship, voiced support for the death
penalty. Three group members, Robert Walker, Tim Taylor and James Taylor III, spoke at the
hearings. The Brethren believe the biblical phrase “vengeance is mine” means the government
has the authority and responsibility to administer capital punishment for murder. The group does
not believe capital punishment denies a criminal the opportunity for redemption. They believe
God “has delegated to the Governments of men the responsibility to protect life, and to avenge
its violent demise.” Group members testified that they “support capital punishment as a
deterrent to evil; for the protection of the people of New York State.”
Many other speakers argued against the use of the death penalty as vengeance. The
Steering Committee stated, “The death penalty is an act of vengeance that is contrary to our
religious teachings, detrimental to building a civilized and violence-free society, and demeaning
to all of us as citizens. Society has a right to protect itself, but it does not have a right to be
vengeful.”
“[T]he death penalty system is replete with fatal flaws and constant errors,” the group
said. “Too often it is not the crime itself but such factors as race, economics, and geography,
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Members of the “Steering Committee” include: Bishop Howard J. Hubbard, Roman Catholic Bishop of
Albany; Rabbi Peter J. Rubinstein, Co-Chair Senior Rabbi Central Synagogue, Manhattan; Sr. Camille D’Arienzo,
RSM, Co-Founder, the Cherish Life Circle, Brooklyn; Bishop Violet L. Fisher, Resident Bishop of the New York
West Area of the United Methodist Church, Rochester; Rev. Thomas W. Goodhue, Executive Director, The Long
Island Council of Churches, Hempstead; Rev. Daniel B. Hahn, Director, Lutheran Statewide Advocacy, Albany;
The Rt. Rev. Jack McKelvey, Bishop of the Episcopal Diocese of Rochester.