Capital punishment in Vermont

Capital punishment in the state of Vermont ended in 1972.[1][2] The state last executed a prisoner, Donald DeMag, in 1954, after he received the sentence for a double robbery-murder he committed after escaping prison.

Although DeMag was the last person executed by Vermont, he was not the last person to be sentenced to death by a Vermont court. Lionel Goyet, a soldier who was Absent Without Leave for the fifth time, robbed and killed a farmhand, and was sentenced to death in 1957.[3] His sentence was commuted six months later,[4] and Goyet was conditionally pardoned in 1969.[5] He had no further problems with the law, and died of heart failure in 1980.[6]

Vermont still has a pre-Furman statute providing death by electrocution for treason.[7]

In 2005, Donald Fell received a death sentence after being convicted of kidnapping and murder.[8] Fell's conviction was overturned in July 2014, owing to "egregious juror misconduct".[9] Fell later pleaded guilty to avoid another sentencing hearing and was sentenced to life in prison without parole in September, 2018.[10]

In July, 2019, US Attorney General William Barr directed the federal government to reinstate the death penalty, which would apply to federally convicted prisoners that received a death penality in any of the 50 states.[11] The following November, U.S. District Judge Tanya S. Chutkan blocked the measure. The justice department said it would appeal Chutkan's decision.[12]

Summary
Vermont capital punishment summary
Total number of executions: 26 (25 as a state)
DateMethodNameOffense
Date capital punishment was legally abolished1972
Legal methods of execution1778–1919hanging (21)
1919–1972electrocution (5)
First legal execution06-11-1778hangingDavid Reddingtreason
Most recent legal execution12-08-1954electrocutionDonald DeMagmurder

See also

Notes
  1. "Vermont: Death Penalty Information Centre". Death Penalty Information Centre. 2016. Retrieved 10 November 2016.
  2. "Vermont Capital Punishment Law". FindLaw. 2016. Retrieved 10 November 2016.
  3. Associated Press, Newport Daily News, To Die in Chair, May 8, 1957
  4. North Adams Transcript, Goyet's Death Term Commuted to Life, November 4, 1957
  5. United Press International, Bennington Banner, Christmas Pardons for Three, December 16, 1969
  6. Wilson Ring, Associated Press, Boston Globe, 50 Years Later, Vt. Revisits Executions, May 1, 2005
  7. "Vermont Laws". legislature.vermont.gov.
  8. Pre-sentencing claims of psychiatric illness, toxicology issues, and matters relating to future dangerousness were initially raised and were subsequently addressed by expert forensic examination. Once pre-sentencing issues were resolved, Fell’s actions were found to meet the threshold as a capital eligible crime because the following aggravating factors applied: 1. Fell caused the death of King during the commission of the crime of kidnapping, §3592(c)(1); 2. Fell’s behavior was especially heinous, cruel or depraved in that it involved serious physical abuse to King, § 3592(c)(6); and 3. Fell intentionally killed or attempted to kill more than one person in a single criminal episode, § 3592(c)(16).
  9. "Judge orders new trial in Fell case". Burlington Free Press. 2014-07-24.
  10. https://www.burlingtonfreepress.com/story/news/local/vermont/2018/09/20/death-row-inmate-donald-fell-plead-guilty-avoid-death-penalty/1367010002/
  11. Tammy Kupperman; Ariane de Vogue; Veronica Stracqualursi. "Barr directs federal government to reinstate death penalty, schedule the execution of 5 death row inmates". CNN. Retrieved 2020-02-15.
  12. Berman, Mark; enforcement, closeMark BermanNational reporter covering law; reporterEmailEmailBioBioFollowFollow, criminal justiceEmailEmailBioBioFollowFollowMeagan Flynn closeMeagan FlynnMorning Mix. "Federal judge blocks Trump administration's plans to resume executions". Washington Post. Retrieved 2020-02-15.

References
  • Hearn, Daniel Allen, Legal Executions in New England: A comprehensive reference, 1623–1960 (Jefferson, NC: McFarland, 1999).
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