BOB EVNEN: DEATH PENALTY IS SELF-DEFENSE FOR SOCIETY

  

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Death penalty proponent: Death penalty is self defense for society

• JoANNE YOUNG Lincoln Journal Star
• Updated 17 hrs ago

Few people have approached the death penalty debate quite like Lincoln attorney Bob Evnen. 

He has studied it, read court cases and appeals of death row inmates, and thought long and hard about the arguments. 

Early in the campaign to overturn what the Nebraska Legislature voted to do in 2015 in repealing the death penalty, Evnen signed on to help establish the organized effort: Nebraskans for the Death Penalty. 

But there was no taking a behind-the-scenes role for the studious former state Board of Education member. He jumped in quickly, taking on speaking engagements, panel presentations and public forums and hearings to help educate voters on why the death penalty should remain an option in Nebraska. 

"It isn't like I set out in my life to be a champion and defender of the death penalty," he said. "I didn't consider this to be the alpha and omega of my existence. But I think that it's vitally important. And that's why I got involved in it." 

He doesn't know of any instance in his family history of anyone being a victim of horrifying violence, he said. 

But it's so important to him that he's taken time from his labor and employment law practice with the Woods & Aitken firm to travel the state. No one handed him talking points; he's done his own research, written his own speeches. 

"I've spent countless hours in preparing talks and delivering them. And I do it all on a volunteer basis. I have been paid nothing for any of my time," he said.  

The Nebraska unicameral made a terrible mistake in repealing the death penalty, he believes. 

"I don't want to be critical of the members of the Legislature. They did what they saw fit. I don't have personal criticisms of these people," he said. "But they did make a very big mistake."

It was shocking to him that they came to the conclusion they did. 

Senators said they voted to repeal the death penalty and override Gov. Pete Ricketts' veto through careful consideration of information and debate. Evnen questions whether the information provided to senators was accurate and complete, although he said he didn't listen to any of the hearings or debates as they unfolded in 2015. 

If others are philosophical about the death penalty, Evnen is a pragmatist. 

People exercise choice about how they behave, he says. And they should be held accountable for those choices.

Nebraska has been cautious and judicious in its use of the death penalty, reserving it for the worst crimes and the worst criminals, he said.

It always baffles him, he said, when anti-death penalty advocates include in their arguments that the state never carries out executions.

"Would they be happier if we had three hangings every Saturday? How often should we have it?" he said.

Death is an appropriate punishment for those most depraved crimes and criminals, he said. It's a matter of self defense for society. 

And it's important to protect law enforcement.

"We expect members of law enforcement to go out and risk their lives to protect us every day," he said. "We ought to have their backs and protect them." 

There is a lot of disagreement over whether the death penalty is a deterrent to murder. Both sides cite studies to shore up their argument.

Evnen believes there's evidence that it is a deterrent and that lives are saved when it's imposed and carried out.

"It seems to me that if there's a strong case to be made that innocent lives are saved by the existence of the death penalty, that we're actually morally compelled to have it in place," he said.  

Those who want to retain the law have focused on the idea that state officials have been unable to carry out death sentences in Nebraska because they don't have the drugs or a workable means to execute an inmate. And it is unlikely it ever will. 

Evnen believes the death penalty can work. And if the law is repealed, he said, he hopes senators will take seriously their duty to their constituents to solve the death penalty's problems. 

"A lot of these problems have been created by people who just oppose the death penalty," he said. "The answer is not just to throw in the towel on a very important punishment. ... I'm confident that they're solvable because other states have solved them." 

In his work as an attorney, he's had the opportunity to read death penalty cases, to see what defendants had done and how their cases were handled. 

"I did that because I wanted to check my own sensibilities about this. Do I believe in this? Is this right?" he said. "I'm left with the conviction that it's the right thing."

The facts of the cases of death row inmates are so vicious and so depraved you will rarely hear them recited on TV or radio or see them in newspapers, he said. 

"You have to work hard to get on death row." 

Evnen is convinced his role in the death penalty debate isn't important. What's important, he said, is that people give consideration to the issue. 

He asks: Are you morally justified to kill a person who intends to kill you or another person in your presence? 

"If you feel like the answer is yes," he said, "then we're no longer talking about whether it's justified. Now we're talking about when, under what circumstances."

Reach the writer at 402-473-7228 or jyoung@journalstar.com.