Denver Newsroom, Aug 25, 2020 / 06:01 pm (CNA).- Catholics are joining Native American leaders in calling for mercy for a Navajo man who is sentenced to die in a federal execution this week. The Navajo Nation objects to the execution.
Lezmond Mitchell, 38, who committed a double murder in 2001 on tribal land, is scheduled to be executed in Terre Haute, Ind., Aug. 26. The federal government resumed executions in July 2020, the first since 2003.
A Navajo lawmaker told CNA that traditional Navajo beliefs forbid the use of capital punishment.
“We believe that life is sacred, and that killing is kind of an unholy and inhuman act, full stop,” Carl Slater, a representative in the Navajo Nation Council, told CNA in an Aug. 25 interview.
“So it’s not something we should use as a form of punitive justice,” he said, adding that the Navajo justice system is based more on a model of rehabilitative and restorative justice practices.
The Navajo Nation is a sovereign entity, with a distinct government, that extends into three states— New Mexico, Arizona, and Utah.
In addition to serving in the nation’s legislative body, Slater also serves as Vice-Chair of the Health, Education, and Human Services committees of the Navajo Nation. He said under the 1994 Federal Death Penalty Act, the federal government must have the Native American tribe’s consent to seek a death penalty prosecution of a Native American citizen.
The Navajo Nation, citing the need to protect life, or “iina,” has consistently objected to Mitchell’s death sentence, requesting he instead receive life imprisonment.
“Punitive justice, as expressed by western and United States’ influences, does not create harmony and serves to primarily reinforce discord within society,” a proposed Navajo Nation Council resolution reads.
To date, only one out the nearly 600 Native American tribes across the country have chosen to opt-in to federal death penalty prosecutions.
The federal government’s planned execution of Mitchell— who is the only Native American on federal death row— is “a profound insult to Navajo sovereignty,” Slater wrote in an Aug. 19 op-ed in the New York Times.
“It’s very important to the Navajo Nation because [we] never opted into this, and it will be precedent-setting in that the federal government will seek to get its objective no matter the wishes and commitments made to the Nation under law,” Slater told CNA.
Mitchell, who is Navajo and was 20 years old at the time of the 2001 crime, stabbed a 63-year-old Navajo woman several dozen times, stole their car and drove it into the mountains before slitting the throat of her nine-year-old granddaughter.
Mitchell’s co-defendent— whom the prosecutor reportedly acknowledged was the primary assailant— was a juvenile at the time of the murder, and is currently serving a life sentence.
It was initially widely reported that a family member of the victims had publicly objected to the death penalty conviction. But in recent days, lawyers representing the 9-year-old’s parents have said that Mitchell’s attorneys do not speak for the victim’s family. The lawyers have not publicly clarified the family’s position on the matter.
Mitchell was convicted over 17 years ago on several counts, including murder, kidnapping, and carjacking resulting in death— the latter of which is a federal offense. The U.S. Court of Appeals for the 9th Circuit determined that the carjacking charge constituted a “crime of nationwide applicability,” and thus constituted an exception whereby the federal prosecutors could seek the death penalty without the tribe’s consent.
Though the federal government says Mitchell confessed to the murders, court documents suggest that Mitchell’s confession— obtained after multiple weeks of interrogation— was not taped, and was not written in his handwriting.
In addition, Mitchell had signed a waiver of his Miranda rights— which includes the right to an attorney, and the right to remain silent— which a prominent Navajo lawyer recently said may have been due to a key cultural component at play.
“In Native cultures, it is considered honorable to tell the truth, so Natives accused of crimes might confess or plead guilty right away and without a lawyer,” Raymond Austin, a former justice of the Navajo Nation Supreme Court, told AZCentral.
Mitchell’s lawyers have accused federal prosecutors of exploiting “loopholes” in order to put Mitchell to death, despite the tribe’s wishes. They also criticized the fact that only one member of Mitchell’s jury was a member of his tribe; the rest were white.
Navajo Nation President Jonathan Nez, in a July letter to U.S. President Donald Trump, strongly criticized the federal government’s decision to go ahead with the execution, saying that in addition to violating Navajo beliefs, Mitchell’s execution would undermine tribal sovereignty.
The Navajo Nation Council, of which Slater is a part, has also written to Trump to ask him to commute Mitchell’s sentence.
Slater said it is still unclear whether the Trump administration will accept Mitchell’s plea for clemency. Byron Shorty, communications director for the Navajo Nation Office of the Speaker, told The Republic on Tuesday that it has not received any direct response from the White House.
The Catechism of the Catholic Church calls the death penalty “inadmissible because it is an attack on the inviolability and dignity of the person.”
Bishop James Wall of Gallup is leading a virtual prayer vigil on the afternoon of Aug. 26 ahead of the scheduled execution.
The idea of the prayer vigil, Wall told CNA, is to pray for Mitchell’s conversion, for healing for the victims’ family, and for conversion of the hearts of the executioners.
The vigil was organized by the Catholic Mobilizing Network, a Catholic group which works to end the death penalty. Krisanne Vaillancourt Murphy, CMN’s executive director, told CNA that so far about 500 people have signed up for the virtual vigil.
“Catholics need to be aware of the fact that the execution of Lezmond Mitchell, above all, is an unnecessary and avoidable attack on human dignity,” Murphy told CNA.
“This concern about human dignity is not only held by faithful Catholics, however. The Navajo Nation also professes a belief in the sanctity of human life, which grounds its objection to the execution of Lezmond Mitchell as well as its overarching opposition to the use of capital punishment.”
Murphy noted that in their 2018 pastoral letter against racism, the bishops of the United States addressed past harms committed against Native Americans, writing of “colonial and later U.S. policies toward Native American communities were often violent, paternalistic, and were directed toward the theft of their land…These policies decimated entire communities and brought about tragic death.”
“Catholics should care about the federal government’s violation of tribal sovereignty because it is, at its core, a manifestation of the of violence, oppression, and racism inflicted upon Native Americans for centuries in the United States,” Murphy said.
Murphy encouraged Catholics to pray and advocate for an end to the death penalty.
“These acts of state-sanctioned violence hold us back as a nation from honoring the God-given dignity of our brothers and sisters, even those who have committed grave harm,” she said, noting that during the government’s 17-year hiatus from executions, 10 states outlawed capital punishment and “public support for the practice has fallen to a historic low.”
Wall said the leaders of the Navajo largely agree with the Catholic Church on the sacredness of human life, from conception to natural death.
“God is the author and giver of all human life, and we’re called to be good stewards of that life,” the bishop told CNA.
Advances in the prison system allow the state to keep people safe from criminals without the use of the death penalty, which also gives those offenders and opportunity to genuinely repent, Wall said.
“It provides an opportunity for true contrition, true conversion of heart, and that opportunity to embrace Christ and the Gospel. And whenever we do something like this, when we take a life, what we also do is we don’t provide that person the opportunity to repent. And everyone has to be given that opportunity.”
The last scheduled federal execution this year is set for Aug. 28.
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This is NOT a new development – leftist outside agitators have been hard at work
on our nation’s campuses for decades – going all the way back to the 60s.
The seeds sewn by Saul Alinsky lo those many decades ago are reaping a bitter fruit.
One recent development is the feeding frenzy of baby sharks eating their parents and grandparents, especially those swimming in the cesspool of the facility and administration. It’s like watching Jaws being devoured by his children. I would eat popcorn if the spectacle didn’t turn my stomach.
On second thought, all of this reminds me of Dostoevsky‘s the Devils.
Great image. Thanks!
I am in no way justifying the Hamas attack. However, in retaliation, Israel is killing and starving thousands of innocent Palestinian women and children, some of whom are Christians.
Also, after the Oct. 7 attack, many Jews were amazed and openly wondering how it was possible that the most heavily guarded and surveilled border between Israel and Palestine could have not had any surveillance for many hours on Oct. 7.
Isreal is doing no such thing, and there is no such thing as an innocent Palestinian.
Athanasius:
While I support Israel in its war in Gaza, and polls show that the vast the majority (I believe it was over 80% in the Pew Poll) of “Palestinians” support violent Sharia (Palestinians are among the 3 most violent Muslim populations in the world) it is not truthful to say “there are no innocent Palestinians.” Obviously, a sizable minority are not in favor of violence, and that is a fact, in the same way that “the vast majority favoring violence” is a fact. Saying otherwise is not acknowledging reality, and cannot be justified, and when actions in war are explained on the basis of what is unjustifiable, then a person making such a claim is not defending justice, or arguing on the basis of “just war” principles.
It may be the case that you don’t really believe what you wrote?
According to the Reuters report (I choose Reuters because they are not identified with the “radical right”), three in four Palestinians support the actions of Hamas on October 7.
https://www.reuters.com/world/middle-east/poll-shows-palestinians-back-oct-7-attack-israel-support-hamas-rises-2023-12-14
Of course, that was back in December and things may have changed, but I rather doubt that. Mind you, this support for Hamas is even after it has been revealed (multiple times in fact) that Hamas and other terrorists use civilians as human shields–placing their centers of operations and weaponry in schools and hospitals.
Interesting that you would only be concerned with media that may be considered “radical right”.
Under this Administration anyone reporting the truth is being censored and demonized. Only the “radical left” is allowed to spout their propaganda.
Hate to tell you this, I would be considered among the “radical right.” I almost choose the National Review article on the subject, as it is more recent, but choose Reuters. In any event, NR reported the same thing: Palestinians overwhelming support Hamas, and have done so for years.
Mrs.Hess:
I agree with you but I would add that they do so because they are afraid not to.
That is absolutely true.
Exactly!
Mary,
Your write: “many Jews were amazed and openly wondering how it was possible that the most heavily guarded and surveilled border between Israel and Palestine could have not had any surveillance for many hours on Oct. 7.”
A deep look into what is a profoundly convoluted and fallen world…
Some might even ask how it was possible that 9/11 happened at all? And twenty years in Afghanistan? In 2001 were too many security agents assigned to track domestic “terrorists” praying in front of abortion clinics in urban America? And, yet, further into the morass, would such a hypothetical distraction have been due to those misguided pro-life activists who firebombed clinics?
It’s almost as if the relativistic calculus of consequences is incalculably evil. And, as if the clear and consistent defense of moral absolutes (!), as defended under the forgotten Veritatis Splendor, is still somebody’s God-given responsibility…but who am I to judge?
Palestine has been turned into a pile of rubble with thousands of casualties including hundreds of women and children, and many more buried in the rubble. That is obvious to anyone.
Maybe we should let God be the judge of whether Palestinian women and children are guilty or innocent.
Mary, what’s going on in the Holy Land is a terrible tragedy but I think doubly so for the people living in Gaza because not only are they the victims of collateral damage but they’re also victimized and exploited by Hamas and Iran.
The entire population of Gaza has simply been a means of humanitarian aid to steal, indoctrination, human shields, and canon fodder for Hamas. Hamas is a terrorist mercenary cartel working for the highest bidder which currently is Iran.
The rest of Israel’s neighbors want peace. October 7th was an attempt by Iran to derail the peace accords. (And many Iranians want peace also but good luck with free speech in Iran today. )
The IDF has taken more measures to protect putative civilians, measures that put their soldiers at risk, than any military in the world. Civilian casualties are unavoidable in urban warfare, especially when the enemy places forces and munitions adjacent to churches, schools, and other civilian structures.
Rich Leonardi, the Latin Patriarchate of Jerusalem reported that two Catholic women were shot and killed by an Israeli sniper in a Gaza Parish, while an Israeli tank destroyed the Convent of the Sisters of Mother Theresa. The two women shot were supposedly in a safe area and the second woman who was shot and killed by the sniper was rushing to the aid of the first woman (her mother).
Also, many Jewish people in this country and even Military in Israel were in total disbelief that the Israeli Palestinian border was totally unprotected for hours – allowing the Hamas attack. Hamas, by the way, was created by Netanyahu.
The Israeli media also lied about the beheading of babies, etc. in order to foment hatred toward everyone in Gaza.
Something stinks to high heaven in this whole mess.
Mary, where are you seeing the footage of this massive starvation and death of innocent children in Hamas territory? I have seen photos of some destroyed buildings but can’t tell if they are old or if the location is accurate. We live in an age of fake news so it’s hard to tell.
RomyE, I search various websites to try to find the truth because, as you say, in an age of fake news it’s hard to know for sure. I’ve found Lifesitenews.com to be very reliable. One of their latest articles from April 30 is entitled, Hell on Earth: Inside the Overlooked Plight of Christians in Gaza, which interviews the founder of the Vulnerable People Project.
Lifesite News does from time to time have news items that are of interest but “reliable” is not the way I’d describe the site as a whole & certainly not in the case of news concerning Gaza or Israel.
MrsCracker, There are many pro Israel people who don’t like Lifesite News’ reporting of the Israel-Gaza war – even though I think their reporting is fair and balanced. I’ve found several videos on the net of Jewish Rabbis, Israeli Americans and members of the Israeli press who feel the bombing of Gaza should be stopped as the majority of casualties are women and children.
The Palestinians will not see a homeland for themselves until they have earned it. Peace is not forced into existence by violence, but peace can force violence out of existence.
Peace must come first. Only when the Hamas’ of the world drop their weapons, look up to Heaven and say “Israel has as much right to exist as we do”, will the Middle East experience true peace. The root of this entire historical and all-encompassing human tragedy rests, carved in stone, within the soul and cultural collective mindset of peoples who bear within their hearts, as if deigned by heaven itself, the complete physical, spiritual and temporal annihilation of the entire worldwide Jewish population.
For the umpteenth time:
1) Hamas has stated over and over and OVER through the years that they will settle for nothing less than the complete eradication of the state of Israel.
2) Hamas started this latest version of the war last October.
3) Hamas launches rockets from within civilian-populated areas as a matter of policy.
These are NOT matters to argue over, rather they are FACTS. So, and I know I’m asking too much of college students whose parents are paying up to $90,000 per year for their little darlings to be educated to act the way they are:
4) Do the math.
I hear you Mr. Terrence but occasionally students at Columbia are paying out of pocket and locating their own funding. That’s what one of my children did for his graduate study there. All I did was help him with the fee to reserve his dorm room and i sent him care packages of food. He soon figured out he couldn’t afford living in the dorm and he rented a room from a kindly Dominican grandma.
But, yes his experience was that many of the students there were very privileged indeed and the whole thing was quite a culture shock.
I stopped listening to this interview when Father Landry said that Jesus came to heal the divisions between the classes. I thought that was a very odd thing for a priest or any Catholic to say.