[December 22, 2008]

Lawmakers differ on death penalty, booze

(Thomasville Times-Enterprise (Thomasville, Ga.) Via Acquire Media NewsEdge) Dec. 21--THOMASVILLE -- A couple of pieces of legislation that might surface during the 2009 session of the Georgia General Assembly will not be new to Peach State lawmakers.

The possible legislative encores involve two always-controversial subjects: the death penalty and Sunday alcoholic-beverage sales.

Brian Nichols, who was convicted recently of gunning down and fatally wounding a Superior Court judge, court and law enforcement officers and injuring others at the Fulton County Courthouse in 2005, escaped the death penalty when the jury deciding his fate could not unanimously agree on capital punishment.

The decision to invoke the death penalty must, according to Georgia law, be unanimous among members of a jury. Although previous attempts to change the law have not been successful, the subject is expected to resurface during the '09 session, which begins Monday, Jan. 12.

Another subject expected to make an encore appearance is the question of alcoholic-beverage sales on Sunday. Georgia joins Connecticut and Indiana as the three states that ban the sales.

The Associated Press reported that Georgia grocery and convenience stores are pushing for a change. Other proponents argue that the excise tax charged on alcoholic beverages would help reduce a state government $2 billion deficit.

For the fiscal year that began July 1, the alcohol excise tax stores pay to wholesalers rose by 1.8 percent while most other state revenue sources saw decreases, according to The Associated Press.

A previous bill that died would give local governments the option to permit Sunday alcohol sales. Voters would have to approve the change in referendums called by local governing bodies.

District 11 state Sen. John Bulloch, R-Ochlocknee, thinks the decision should be a local one. He would vote to allow voters to decide the question in a local referendum.

Bulloch, pointing out that previous proposals involved package alcoholic-beverage sales, supports "local control in a local community."

District 173 state Rep. Mike Keown would oppose a booze bill. He thinks there are other ways to increase state revenue.

"I've opposed it from the beginning," said Keown, a Baptist minister. The Coolidge Republican said the subject surfaces "at least every two years."

"I would vote against that on Sunday," said District 172 state Rep. Gene Maddox, R-Cairo. Those who want to consume alcoholic beverages on Sunday should stock up before midnight Saturday, Maddox explained.

District 174 state Rep. Ellis Black considers Sunday alcohol sales a local issue.

However, he is not in favor of such legislation and does not want it forced on Georgians. Black, D-Clyattville, would not vote for legislation to pave a path for Sunday alcoholic sales in Georgia.

In reference to changing death penalty-related laws, Black said it is regretful that some prospective jurors who say they favor the death penalty will not vote for capital punishment in the penalty phase of a capital case.

He would vote to change the requirement of a unanimous jury vote to bring about the death penalty. Black said he would support legislation requiring a 10-2 jury vote.

Maddox agreed with Black on a 10-2 vote. The Cairo legislator also would support an 11-1 vote.

Keown said that putting an innocent person to death must be avoided, although the Nichols case left no doubt the accused was guilty.

"Personally, I think (Brian) Nichols deserves the death penalty," the lawmaker said. Keown considers capital punishment important.

He prefers that a unanimous jury vote be required to invoke death in a capital case, but he might consider 11-1 if legislation comes to a House vote.

A proposed bill to change the jury vote died in the 2008 Georgia General Assembly, Bulloch said.

"I would vote to lower it to 10 out of the 12," the Thomas County legislator said. "It's something we need to do. I support it."

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