Death penalty expansion before Lynch

A bill expanding New Hampshire's death penalty law, prompted by a brutal machete and knife home invasion attack, is headed to the desk of Gov. John Lynch, where he is expected to sign the measure.

The House voted 211-153 after a brief debate yesterday to pass the bill that allows capital punishment for killings committed during burglaries of occupied buildings.

House Speaker William O'Brien sponsored the bill in response to a gruesome murder in his hometown of Mont Vernon during a home invasion.

"Our homes are our sanctuary. This legislation is a necessary enhancement of protection for those in their homes who have the right to be safe and secure. It will achieve justice for victims and allow for deterrence to those who would enter the homes of others to murder them," O'Brien said in a statement after the vote.

Death penalty opponents argued the bill was flawed because it would allow the death penalty to be applied in murders in any occupied building, including a tool shed, not just a home. They also argued capital punishment is not a deterrent and is uncivilized.

"Sometime out of emotion, we want to react with emotion. Yes, those people did something terrible and we want to see them dead," said state Rep. Steve Vaillancourt, a Republican from Manchester. "As an individual, I have a right to want someone dead. But as a society, we do not have that right."

"Using the same mindset as these killers to solve problems demeans our own worth," added state Rep. David Pierce, a Democrat from Hanover.

O'Brien named the bill after Kimberly Cates, who was killed in her bed in 2009.

O'Brien's original bill called for applying the death penalty to murders during home invasions, but state law has no legal definition for home invasions bill. The Senate narrowed the bill to apply during burglaries.

Steven Spader was convicted of Cates's murder last year and sentenced to life without parole. Co-defendant Christopher Gribble admitted to taking part in the attacks but tried unsuccessfully to convince the jury he was insane at the time. He was sentenced to life without parole.