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Execution in May likely to go forward

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By CLARENCE MABIN / Lincoln Journal Star

Sunday, Apr 15, 2007 - 12:51:05 am CDT

Little, if anything, but a court order or a pardon will keep Carey Dean Moore from dying in the electric chair next month.

Neither seemed likely last week as Moore’s execution date of May 8 approached.

“Right now, we’re preparing for an execution,” said Eric Aspengren, executive director of Nebraskans Against the Death Penalty. “He’s the one to make any decisions about his future.”

Story Photo
Carey Dean Moore

And Moore, on death row since 1980, seems ready to die.

In legal papers filed in March with the Nebraska Supreme Court, Moore, 49, said he would not oppose Attorney General Jon Bruning’s request to the court that it set an execution date.

Moore wrote he “will no longer place any further motions to delay the execution date,” and he asked the court to not accept motions filed on his behalf.

He then made one request: that the execution occur on May 7.

“I don’t think he’s expecting to try and stop it,” said George Eisele, who began visiting Moore on death row about 15 years ago.

“In fact, I think he’d be disappointed if it didn’t happen,” said Eisele, 77. “He’s tired of fighting it.”

Eisele met Moore as part of a prison ministry through the Church of the Brethren, 3645 Sumner St.

He said Moore is a born-again Christian who ministers to several of the death row inmates.

“He was a cold-blooded killer, but he’s not that anymore,” Eisele said.

He said Moore requested the May 7 date because the following day is the birthday of a fellow death row inmate. Moore did not want the inmate  to be reminded on his birthdays of Moore’s execution, Eisele said.

Jose Sandoval, one of the men responsible for the Norfolk bank murders, has a birthday on May 8.

Moore received two death sentences for the 1979 murders of Omaha cab drivers Reuel Eugene Van Ness Jr. and Maynard D. Helgeland.

In 1994, a federal court vacated the death sentences, ruling that a portion of the state’s death penalty law used to sentence him was unconstitutionally vague. A three-judge panel resentenced Moore to death in Douglas County District Court in 1995.

In January, the U.S. Supreme Court refused to review a Nebraska Supreme Court ruling that barred Moore from challenging the constitutionality of the electric chair. The Nebraska court said in July that Moore was procedurally barred from attacking the electric chair’s constitutionality because he could have done it in earlier appeals.

Reach Clarence Mabin at cmabin@journalstar.com or 473-7234.


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Casper Cowboy wrote on April 15, 2007 5:26 am:
" 1. He wants to die. 2. He should die. 3. Let him die. "

 Raymond Jim wrote on April 15, 2007 8:05 am:
" Normally I'm for the death penalty. But that's because it's what they don't want.. In this case they should delay the sentencing just because he actually wants to die. "

 Eric wrote on April 15, 2007 9:28 am:
" It has been almost 30 years and he still lives. The system needs to change. "

 Big Chief wrote on April 15, 2007 10:50 am:
" I definitely agree with Eric on the fact the system needs to be changed. My biggest concern with the death penalty is that if an innocent person is executed how do you correct the situation? Then the flip side of the equation: I don't want to see heinous murderers allowed to spend the rest of their life in with general population inmates. On May 8th Carey Dean will face justice from the citizens of Nebraska and shortly thereafter the ultimate Judgement of his Creator. The Almighty knows his heart and can make the proper judgement. "

 Fed up. wrote on April 15, 2007 10:54 am:
" The LJS keeps saying that "He won't fight it any more." Well, how noble of him. The truth, however, is that the has no more avenues to fight it. He has discovered that after 30 years of appeals, eventually, there is no one left to talk to. There are plenty of other people in this world to focus on, and there is no reason to make a martyr out of this gentlemen. "

 NoSympathyHere wrote on April 15, 2007 2:11 pm:
" Poor Jose Sandoval, heaven forbid he would have to be reminded every year of a "friend's" death. He left five families to remember their loved ones birthdays and another more horrific anniversary. "

 Will wrote on April 15, 2007 3:02 pm:
" Why does it take so long to execute someone in Nebr.? If it can't be done in 27 years, then let it be life in prison. They're a different person now. Too little too late. "

 eric wrote on April 15, 2007 7:06 pm:
" It takes so long because the Supreme Court has mandated that it take this long. Considering how many people who are innocent have been released from death row around the country and considering there have likely been innocent people executed 27 years may not be long enough. Nebraskans want life without parole instead of executions. Why can't the governor and the legislature give that to them? "

 mike wrote on April 15, 2007 8:50 pm:
" if it is an open and shut case, finish the sentence. if they rule there is still reasonable doubt, delay it. sounds like enough courts have ruled that he should die, so be it. "

 Justin wrote on April 15, 2007 10:03 pm:
" My beliefs are that if a person commits murder and is convicted of it and the evidence points to that person as the murderer they should die. If the jury has a reason to doubt that person has committed that hanious of a crime then the person through consent of a lawyer should be able to go through the appeal process. "

 Hmmm.. wrote on April 15, 2007 11:24 pm:
" I'm curious. Exactly how many people who have been sentenced to death are factually innocent? That's factually innocent, not "they didn't receive a fair trial because their counsel didn't file a paper in time" innocent. How many? "

 tksomo wrote on April 15, 2007 11:53 pm:
" Actually "eric" just because you might be against executions doesn't mean that all Nebraskans are. The majority of comments posted about this issue whether it be from this article or previous ones have been in support of the death penalty and even the use of the electric chair. I for one am a supporter of the death penealty and I really don't care how they go about doing it. The chair or injection are both ok by me. We just don't give them an option here which is also ok by me. Yes, there are Nebraskans against the death penalty but there are a lot of Nebraskans for it. "

 dfb wrote on April 16, 2007 7:16 am:
" Do you know that the vast majority of countries that have banned capital punishment have a lower per capita murder rate than the US and that the countries that still have it on the books have higher per capita rates? Just shows how effective capital punishment is in deterring crime. Also, many christian religons including the Catholic Church are opposed to the death penalty. Don't forget what Christ said the the murderer on the cross next to him, "Verily, today thou shalt be with me in paradise." God is a forgiving God, don't you think you should be also? "

 mike wrote on April 16, 2007 9:00 am:
" hes been there to long allreddy. at the taxpayers cost time to go "

 For it wrote on April 16, 2007 9:42 am:
" I am for the death penalty for many reasons. I wanted to point out that the Catholic Church is not against it--they consider it a civil matter, and there are many Catholics on both sides of this issue. "

 peb wrote on April 16, 2007 10:40 am:
" One person posted, "They're a different person now. Too little too late." What!? During the time Moore has had in prison, he came to know God. What if he had been killed the day after his sentence? He wouldn't have been saved. H "

 Sally Herrin wrote on April 16, 2007 1:58 pm:
" Many death penalty supporters seem to also consider themselves to be Christian. I have always wondered how that works. Considering some passages in the Bible, including "Vengeance is mine, saith the Lord" and "Thou shalt not kill," seem to clearly prohibit (a) the taking of human life and (b) revenge by humans, are Christian death penalty supporters "picking and choosing" to justify their position? "

 God must hang out at prisons... wrote on April 16, 2007 2:17 pm:
" Has anyone ever noticed that everyone in prison manages to find god? I'm pretty sure it's because they realize that most of the people voting on whether or not to fry their happy butt is christian and they know that's a good way to get their sympathy...and sadly, it always works as planned. I think christians are a little gulible. "

 Simple wrote on April 16, 2007 3:36 pm:
" Steal - Cut their hand off. Cheat - Appropriate punishment. Misc Crime - Get that cane pole out and lash them. Murder - Take their life. So we lose a few innocent ones. Punishment will deter crime probably a little more then the threats we pose today. "

 JP wrote on April 16, 2007 7:50 pm:
" You should know that the Catholic Church does not leave the issue of capital punishment up to the state. The Church is very clear that the death penalty is not an option in civilized societies such as the US. Pope John Paul II was very clear in this respect. 'If bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons, public authority must limit itself to such means, because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person.' This statement eliminates the need for the death penalty in civilized society. Please know that you have become a cafeteria Catholic if you choose to support the death penalty in Lincoln, Nebraska. "

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