Democrat: Rounds 'blinked'

By Ryan Woodard, Journal Staff Writer | Thursday, August 31, 2006

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Gov. Mike Rounds' decision to stay confessed murderer Elijah Page's execution was a way to avoid making a decision on the matter, a Democratic legislative leader said.

Garry Moore of Yankton, minority leader in the Senate, called Rounds' last-minute decision a "cop out, pure and simple, to lay it on the Legislature."

"I think (Gov. Rounds) was playing a game of chicken with Page," Moore said. "I think he was waiting to see who was going to blink first. And Page wasn't blinking, so the governor blinked."

When Rounds announced the stay about four hours before the scheduled execution Tuesday, he said he did so to allow the Legislature to further examine a key state law that conflicted with the planned method of execution.

House Majority Leader Larry Rhoden, R-Union Center, said Rounds, also a Republican, was being safe rather than sorry.

"The governor felt there were legitimate concerns, and he held this off," he said. "At least for the time being, I'm not going to question that."

He said he is "holding judgment" until more information is available.

Those opinions are only two of many that will likely be exchanged by lawmakers before and during the 2007 legislative session, when legislators will be faced with examining the law, SDCL 23A-27A-32.

The law has existed since 1984 and requires an execution to be by injections of a lethal quantity of two drugs: an ultra-short-acting barbiturate and a chemical paralytic agent. Rounds said Tuesday that a three-drug execution planned for Page, and the potential for being illegal.

As a result, he stayed Page's execution until July 2007. Page confessed to brutally murdering Chester Poage near Spearfish in March of 2000.

"I would suspect it'll have some significant impact on the session. It's a pretty contentious issue," Rhoden said. "We've been faced almost yearly with some type of legislation dealing with the death penalty, and this will just bring all of that to the surface."

Rhoden said that Rounds' stay could give legislators the choice of either fixing the statute to accord with the more-recognized three-drug mixture, or engage in a more expensive discussion on the death penalty.

"Other legislators have already indicated they want to address the death penalty in South Dakota," he said.

Sen. Jerry Apa, R-Lead, said he doesn't believe legislators will decide to abolish the death penalty.

"We've had issues before about capital punishment," he said. "They've tried to abolish the death penalty, and it hasn't got very many votes."

Apa believes a decision will be made to simply fix the current statute, a solution he favors.

"I believe it will pass overwhelmingly," he said.

Fixing the statute to address the number of drugs used would be easy, Rhoden said.

"The reality of this issue is, it's a pretty simple fix. I would guess that there will be legislation brought forward from the Attorney General's Office," he said.

Moore said there are other possibilities.

"We may repeal the death penalty," he said.

"The other option is we may put it in simple language, that an execution can take place in any way the state sees reasonable or fit, that being the electric chair, hanging, firing squad, whatever the case may be."

Rapid City lawyer Mike Wilson tried to repeal South Dakota's death penalty when he represented District 32 in the House of Representatives from 1999-2000.

He believes the death-penalty issue should be revisited.

"The matter received a very thorough hearing in the state Legislature seven years ago," he said. "I think it's time to revisit the question."

He said he was "enormously relieved" that Rounds granted the stay.

"My hat's off to the governor and to the attorney general. I commend them for this reprieve," he said.

Apa, who is favor of capital punishment, said he doesn't agree with Rounds' late decision to delay the execution.

"It's a shame it was done at such a late hour," he said. "I think it could have been a little earlier."

He said that the execution should have been carried out with two drugs, which Page himself didn't object to.

"If they were worried about violating the statutes, then why didn't they just go to two drugs? Nobody's answered that question."

Rhoden said that Page, who admitted killing Chester Poage in March of 2000 and voluntarily ended his appeals and asked to be put to death, shouldn't have that choice.

"I think it's important for people to remember that we're not letting Elijah Page dictate when and how he will be executed. That's up to the state," he said.

Contact Ryan Woodard at 394-8412 or ryan.woodard@rapidcityjournal.com