Assemblywoman Chris Giunchigliani, author of a Nevada bill to prohibit execution of juveniles, Tuesday applauded the U.S. Supreme Court ruling setting the minimum age for a death sentence at 18.
"I'm thrilled the court agreed we should look at juveniles differently," said Giunchigliani, D-Las Vegas.
But Senate Majority Leader Bill Raggio, who was Washoe District Attorney for more than a decade, said he was offended by the decision.
"The majority of the court put current values into what the constitution means," he said.
Raggio argued there are a select few 16 and 17-year-olds guilty of horrible crimes who did fully understand what they did and should pay the ultimate penalty.
"To say all 17-year-olds is too broad, too categorical."
Raggio said both Thomas Lee Bean and Lester Morford, who he prosecuted, knowingly and premeditatedly committed horrible murders in the 1960s and deserved the death penalty. Both were 17 at the time. Both had their sentences commuted to life in prison without parole after the U.S. Supreme Court outlawed the death penalty in the 1970s.
Giunchigliani and Judiciary Committee Chairman Bernie Anderson, D-Sparks, said the decision will at least end the practice of district attorneys threatening to seek death in cases involving juveniles to try pressure a plea bargain by the defendant.
"Now the DAs can't use this as a bargaining tool," she said.
Anderson said he plans to try act on Giunchigliani's bill this week and move it forward. He said that will put state law in compliance with the high court ruling.
Ben Graham of the Nevada District Attorney's Association said prosecutors disagree with the decision. He said it is very rare they have sought death for a juvenile.
"Our position has been that we should have that option," he said. "But the Supreme Court has decided."
Graham admitted the possibility of a death sentence is a "significant" bargaining tool for prosecutors.
Existing Nevada law limits the death penalty to those aged 16 and up. Legislative Counsel bureau Director Lorne Malkiewich said passing AB6 will bring Nevada law into conformance with Tuesday's ruling.
Nationwide, there are 72 people on death row in different states who committed their crime when under age 18 and will be removed from death row by the ruling. In Nevada, only one inmate is affected - Michael Domingues who murdered two people including a toddler in Las Vegas when he was 16.
n Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or at 687-8750.
