No repeal of death penalty?

As many as 4 Senate Democrats remain undecided on vote

An expected debate and vote on repealing the death penalty was delayed Wednesday in the Colorado Senate amid questions about whether it has the votes to pass — one of the first cracks to show among the Democrats who control both chambers of the General Assembly.

Democrats have just a two-vote majority in the Senate, and sources tell The Denver Post as many as four Democrats haven’t decided whether to support a repeal.

One of those lawmakers is state Sen. Nancy Todd, an Aurora Democrat who told The Post she believes there are problems with the death penalty, but other factors give her pause.

“I’ve gone back and forth,” Todd said. “I’m a believer that it’s not a

deterrent from keeping people from committing a crime. I believe the appeals process is extremely expensive and exorbitant. I also take into strong consideration my colleague, Rhonda Fields. And the fact that the three people sitting on death row — all happened in my district.”

Fields, whose son was killed by two of the men on death row, is a supporter of the death penalty, although her “no” vote on the bill would be canceled out by Henderson Republican Kevin Priola’s support for it.

Todd said she felt the bill, like several others this session, has been rushed.

“I would not say the repeal of the death penalty is or should be the top priority of this session,” she added. “It should not be what defines us.”

The death penalty bill is among the first pieces of legislation to divide the Democrats, who took back control of the upper chamber after the 2018 midterm elections.

State Sen. Angela Williams, one of the bill’s sponsors, said she understands her colleagues’ concerns. “I’m slowing things down a bit to ensure my colleagues are comfortable before casting their vote to repeal the death penalty,” Williams, a Denver Democrat, said in a statement.

The bill’s biggest test is in the Senate. Democrats have a much larger majority in the House and are expected to be on stronger footing there. And Gov. Jared Polis has said he will sign the bill into law if it passes.

Asked if Polis would take any action outside of the legislature to distance Colorado from capital punishment, his office said no.