Colorado’s Gov. John Hickenlooper is getting beaten up about how he has handled the case of convicted murderer Nathan Dunlap. Some of that is the normal hype of campaign rhetoric. Some is unseemly bloodlust. But some of the criticism has a basis. Part of the governor’s job is to make such decisions, and Hickenlooper chose not to decide.
Dunlap, then 19 years old, shot and killed four people, and wounded a fifth in the course of robbing a Denver-area Chuck E. Cheese restaurant in 1993. Dunlap was convicted of murder in 1996 and sentenced to death. When the U.S. Supreme Court denied his appeal in February 2013, his legal recourses were exhausted, and his execution was set for August of that year.
At that point, Gov. Hickenlooper could have signed Dunlap’s death warrant and let the execution proceed. Or, he could have commuted Dunlap’s sentence to life without parole and let him die in prison. He did neither and issued a “temporary reprieve,” staying the execution with the proviso that Hickenlooper or his successor could reverse the order.
That is illogical and unreasonable. Strong arguments can be made for commuting Dunlap’s sentence or for executing him. There is no basis for simply kicking this can down the road.
There are any number of thoughtful, moral people who have advanced powerful arguments for abolishing the death penalty. They range from religious objections to practical concerns about cruel techniques or executing the innocent to simply not wanting our country to look like the Islamic State.
Hickenlooper himself has said his views on capital punishment have evolved, and that he no longer supports it. And had he taken that to its logical end and commuted Dunlap’s sentence, he could have found any number of prestigious and important allies to stand with him.
Then, too, had he signed off on Dunlap’s execution, the governor would surely have had considerable public support. The crime was heinous and is well-remembered for its callous senselessness. If anyone does, Dunlap deserves the ultimate penalty.
Turning this case into a political issue, however, only makes an unfortunate situation worse. Hickenlooper’s opponent, Republican Bob Beauprez, brought a new level of tastelessness to campaigning by promising that if elected, he will sign Dunlap’s execution order.
One way or the other, the governor should have decided Dunlap’s fate and ended this case. He still can. And he should before November.
