December
9, 2002
Statement regarding A1913
Let
me begin by giving a brief background to the case that brings me here today,
that has forced me to give long and serious consideration to death penalty
issues, and that leaves me with no choice but to ask, for the good of the
families of murder victims and for society at large, that this Assembly
seriously consider further study of the effects of the death penalty on
society. From my own experience, I
can only conclude that the death penalty is nothing but negative, that it is
has no positive value whatsoever. Fresh from this case, I have no desire
to re-open the wound so soon, but if I can help other families avoid what I’ve
been through, I’ll describe the crime, fill you in on the conclusion to the
case and describe why I feel the best course was taken.
The crime:
On July 18, 1999, my mother, Arlene Piper, was raped and murdered in her home sometime before dawn by a man who entered through a side window. His entering her home woke her up. She was 6 weeks from her 75th birthday. The murderer, Christopher Yon, had no apparent motive other than the knowledge that she would probably be an easy victim. He was acquainted with my mother only by sight. He removed nothing from the home except the car keys, which were not on her person, and after the rape and murder, stole her car. I start with these facts to make clear from the outset that I do not believe there is any way to excuse what Christopher Yon did that night. My mother was asleep, she had never met Christopher Yon, and he was under enough cognitive control to select a victim based on ease. The auto theft seems like an afterthought. On a scale of inexcusability, this crime ranks near the top.
The conclusion:
On September 16, 2002, Christopher Yon accepted a
plea bargain for 2nd degree murder, rape, etc. He is in the Pennsylvania state
penitentiary for life without parole. He is currently in his mid-twenties.
I believe that this was the best possible outcome for this case. I want to emphasize that the decision not to pursue the death penalty was the best outcome for not only Christopher Yon and his family, but for my family as well. The law has begun to recognize that an act of criminal violence has far reaching repercussions. We do not perceive a crime as an isolated interchange between criminal and victim, but as an interchange between:
I’ll
look at each of these below in relation to the death penalty. Most
emphasis will be on the third point.
Point 1:
Society needs to protect itself. Given the logic of his choice,
Christopher Yon seems like a very dangerous person. He is in jail and
away from people like my mother. He cannot do any further damage
there. Yon is borderline retarded and not capable of running a criminal
network from the penitentiary. It does no logical good to kill him.
He only costs the maintainence of life, not the money that would go into appeal
after appeal were he on death row, not to mention the cost of up to twenty
years wasted on vengeance and anger as old wounds are opened again and again
during appeals processes, as blood lust and old disgust and sorrow reawaken
every time a new phase comes up for review.
Point 2:
My mother is dead, and she did nothing to trigger Yon’s selection. She
was a good woman, whose goodness is only dishonored by remembering her with
Yon’s death. How does a life of such natural kindness justify
killing?
Point 3:
I am in the network of relationships my mother had. My mother and I had a
warm and affectionate relationship that was improving with every year. I had
visited her the week before her death and she was in excellent spirits and
thoroughly enjoyed being with my wife and me and our then 3 year old son.
As a point of comparison, I should mention that my father died a natural death
when I was 25, so I am acquainted with more normal
grieving. This brings up
1.
the process of a victim’s grieving, and
2. circles of relationship beyond the immediate.
Simply enough, grief is the agent of relinquishment. It is a healthy
psychological process more or less hard-wired in the human mind as a way to
cope with loss, so the death penalty interferes with victims’ families’ healthy
psychological functioning. In that regard, the death penalty is both
cruel (to the victim) and unusual. We usually move from pain to grief to
relinquishment in a healthy grieving process. If our relationship with
the lost was difficult there is usually a lot of questioning and some anger
involved, anger at the deceased or at ourselves, but not at an outside party,
such as in this case. Immediately in capital cases, anger is either (or
both) displaced onto the perpetrator of crime or intrudes on a process that
goes better in its absence. As the close family member of a murder
victim, one is called on to provide evidence, hear about arrests, see the
perpetrator, hear details of the loved one’s death over and over again, hear
about rape long after the fact of murder settled in, give opinions as to legal
courses of action, review evidence, attend pre-trial hearings, attend trials,
prepare victim’s impact statements, suffer through delays and appeals while
bringing it all to court, etc. These stages in the motion toward legal
conclusions happen without warning. You no sooner move toward acceptance after
the last wave of misery and detail, than another wave comes along to throw you
back to the beginning. For my family, it took over three years to bring it all
to legal conclusion. It is only now that I can begin to bring it to
psychological conclusion.
And
that is because grief is the giving up of control. All through the
process of a capital case, victim’s families are offered control, or an
illusion thereof, thereby retarding the necessary process of grief and
relinquishment and standing in direct opposition to what would be healthiest
for the victims. It locks you into a vacillation between pain and sorrow
and futility and anger (and you forget what you’re angry with half the time)
while the legal system grinds on fully cognizant that it can either take or
reject your advice as it sees fit. One of my relatives said that if we
gave up the death penalty she’d feel there was nothing more we could do for my
mother. That’s exactly the point. There is nothing we could do for
her; giving it up was the simple acceptance of the reality of death over the
illusion of control. It’s like growing up.
As adults, we recognize we’re responsible political
agents, and as such, I had choices to make. As a long time opponent of
the death penalty, I had to act my conscience. This brought about a lot
of unnecessary distrust between me and many other family members who were so
wrapped up in their feelings of disgust and horror and they wanted to push this
through to a capital end. This was despite their knowledge that the
appeals process could go on for up to 20 years. Political divisiveness in
a family is not a healthy was to approach grief. When we first learned of
my mother’s death, the family pulled together, and it began to unravel over the
stress put on us through the death penalty decision.
They used a brand of fundamentalist Christianity I find rather confusing to
claim that the death penalty was God’s justice. This also assured them of
their correctness in not letting go, and allowed them to place me on the social
outside at a time when I most needed their comfort. I had only my wife
and a few death-penalty abolitionists for support.
Politics
in dissonance with psychological necessity is miserable. I cannot begin
to say how glad I am to have this decision made. We hear a lot about
victims’ need for closure, but the pursuit of the death penalty does really
quite the opposite. It allows us to prolong the suffering of
relinquishment and the illusion of control. It prolongs our suffering
even as, and because, it prolongs our illusion of control. Our family
finally has closure. We are finally left with our private suffering,
which is where this belongs.
Finally, my son Hank learned of his grandmother’s murder when he was three years old. For the next three years of his life he had to deal with his parents’ sometimes discussing details of capital punishment and murder, or stopping in mid-sentence and leaving a detail or idea about his grandmother in the shadows, seeing our pain and confusion opened up time and again. We are usually very open with our son, and he perceives that there are things too horrible for us to mention (for example rape, his beloved aunt’s saying she prays every day that God would kill Christopher Yon). This means he has to imagine them. From many things he says in play and the description of his nightmares I know this has to have an ill-effect on him. If the case had gone to a death penalty phase Hank would have had to deal with this probably throughout his adolescence and into his young adulthood.
Children need to learn proportionate punishment and a
reluctance to violence. When there is no proportionate punishment,
nothing to bring back Grandma, you are left with nothing but nightmares,
sleeping in your parents’ bed at 6 and also a very thoughtful mind which has
learned too young how critical, real and difficult compassionate and
measured responses to horror and violence are. There are children
involved in many families murder touches and will touch. If we teach
violence, what more can we expect from children than violence and justified
killing.
In
conclusion, I ask you to vote to re-examine and carefully study the far-ranging
social effects of the death penalty. From my experience, I can only see
that the death penalty as currently practiced in the US causes nothing but deep
social scars and unspeakably prolonged misery for the families the law is
designed to protect. I cannot urge you strongly enough to vote YES on
A1913.