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SALT LAKE CITY — Salt Lake defense attorney David Shapiro has a very personal reason for opposing the death penalty.
His parents were brutally murdered in Arizona four years ago, and the accused killer has yet to go to trial in the capital case.
"My children were tiny when this happened," he said. "I may be a grandfather before anything happens if the state has its way and justice is finally executed in this case. That is a grueling, impossibly difficult position for a victim to be in."
Shapiro told the Senate Judiciary, Law Enforcement and Criminal Justice Committee on Tuesday that he's seen what it's like for victims to endure decades of appeals that typify death penalty cases. Life without parole, he said, is a much more harsh penalty, and then the case is over.
"That, to me, honors my parents' memory. Killing the person in my mind and for my parents would not be an honor to their memory. It would be just the opposite," he said as his twin brother, Steve, also an attorney, listened with tears in his eyes.
Committee members weighed Shapiro's emotional testimony and other comments for and against capital punishment before voting 5-2 to move SB189 to the Senate floor.
The bill would prohibit state prosecutors from charging a capital offense for aggravated murder committed before May 10, 2016, in which the death penalty has not been sought. It would also outlaw capital punishment in aggravated murder cases from that date forward.
Bill sponsor Sen. Steve Urquhart, R-St. George, said the death penalty isn't a deterrent because it take decades to carry out, is expensive and turns killers into celebrities. People know their names but don't know the names of their victims, he said.
"To have those families have the expectation that someone's going to be put to death, and it takes such a long time to do it and you have hearings and hearings and hearings up to that point, I think that is abusive," he said.
The bill would not affect the nine men currently on Utah's death row.
But assistant attorney general Tom Brunker said the Connecticut Supreme Court found a similar measure unconstitutional and abolished all existing death sentences in that state. The Utah Attorney's General Office does not have a position on SB189, he said.
Only the Utah Eagle Forum spoke in favor retaining the death penalty at the hearing.
Maryann Christensen, Utah Eagle Forum executive director, told the committee that taking the life of a "heinous murderer or repeat offender" honors the lives of the victims. "By not executing the death sentence, it cheapens the value of their lives," she said.
Sen. Daniel Thatcher, R-West Valley City, voted in favor of the bill but said he's conflicted on the issue.
Society, Thatcher said, is teaching children that being famous is the most important thing. If someone isn't beautiful or a great artist or basketball player, the easiest way to become famous is to do something horrific, he said.
"We give them exactly what they want," Thatcher said. "We make them famous for being horrible."
Still, he said doesn't know if he's ready to "shut the door on there being an ultimate penalty for the absolute worst offenders."
Sen. Lyle Hillyard, R-Logan, said he's not prepared to repeal the death penalty because he wants victims to have that option. Also, he said the issue would need much debate and there isn't time to fully consider the bill before lawmakers adjourn in less than three weeks.
While he's personally opposes capital punishment, Sen. Todd Weiler, R-Woods Cross, said the people he represents overwhelmingly support it. He said it would be a perfect issue for Utahns to weigh in on through a public referendum. Email: romboy@deseretnews.com Twitter: dennisromboy
