On the same day that New Hampshire got the news about a federal prison, state officials also learned the state had been chosen as the place to execute a convicted killer.
A U.S. District Court judge ruled that Gary Sampson will be executed in the Granite State for a killing spree that left three men dead.
But New Hampshire hasn't put anyone to death in 65 years.
New Hampshire Public Radio's Mark Bevis has more.
SAMPSON WAS SENTENCED TO DEATH LAST MONTH IN MASSACHUSETTES.
BUT THE TRIAL TOOK PLACE IN FEDERAL COURT AND MASSACHUSETTS DOESN?T HAVE THE DEATH PENALTY.
U.S. DISTRICT COURT JUDGE MARK WOLF EXERCISED HIS PEROGATIVE AND CHOSE NEW HAMPSHIRE AS THE NEAREST VENUE.
SAMPSON HAS PLEADED GUILTY TO THREE COUNTS OF MURDER IN 2001?.
TWO IN MASSACHUSETTS AND ONE IN NEW HAMPSHIRE.
NEW HAMPSHIRE HAS NOT EXECUTED ANYONE SINCE 1939 AND HAS NO ONE ON DEATH ROW.
BUT ATTORNEY GENERAL PETER HEED SAYS NEW HAMPSHIRE WILL DO AS IT IS REQUIRED UNDER FEDERAL LAW.
TAPE: the judge has decided under the factors he is to look at that it would be better to hold the death here in NH. Federal law allows for a judge to make a decision for a death penalty to be carried out in any state that has a death penalty statute. (:18)
HEED HAS NO PLANS TO APPEAL THE FEDERAL DECISION.
THERE ARE HOWEVER LOGISTICAL CONCERNS.
THE STATE HAS NO PLACE TO CONDUCT AN EXECUTION.
THAT CAN BE DEALT WITH, ACCORDING TO SPOKESPERSON JEFF LYONS WITH THE DEPARTMENT OF CORRECTIONS.
TAPE: we do not have a chamber as you might call it here at the NH state prison in Concord. That doesn?t mean there won?t be plenty of time to prepare if this is to happen.
LYONS POINTS OUT, ALL JUDGE WOLF RULED WAS THAT THE EXECUTION WOULD TAKE PLACE IN NEW HAMPSHIRE.
HE DIDN?T SAY WHERE.
LYONS SAYS IT COULD TAKE PLACE IN A HOSPITAL, OR A LOCAL JAIL?.ANYWHERE THAT HAD APPROPRIATE FACILITIES.
IF THE STATE PRISON IS CHOSEN AS THE BEST SITE, LYONS SAYS THE STATE MAY HAVE TO ASK FOR FEDERAL HELP TO GET THE DEATH CHAMBER UP TO SPEED.
ESPECIALLY AFTER CUTS IN THE PRISON?S BUDGET.
TAPE: I think there are some on the prisons staff that this is a federal jurisdiction and if the federal governmtne wants us to carry it out we may need some assistance from the federal government to carry it out?. financial or otherwise.
TECHNICALITIES ASIDE, THERE IS STILL ONE QUESTION.
SHOULD NEW HAMPSHIRE EXECUTE SOMEONE WHOM THIS STATE HAS NOT CONVICTED OF A CRIME.
TED KIRKPATRICK IS DIRECTOR OF JUSTICEWORKS AT THE UNIVERSITY OF NEW HAMPSHIRE.
HE SAYS THIS CASE IS LIKELY TO CAUSE A STIR.
TAPE: we?ll see if that court order is carried out. My guess is that there will be challenges to this order by the court and I don?t think we?ve seen the last of this case.
SEVERAL YEARS AGO, LAWMAKERS PASSED A BILL ABOLISHING THE DEATH PENALTY IN NEW HAMPSHIRE.
BUT THEN GOVERNOR JEANNE SHAHEEN VETOED THE BILL.
STILL, THE DEATH PENALTY CAN BE METED OUT IN ONLY A HANDFUL OF CASES.
THOSE INCLUDE MURDER DURING A KIDNAPPING OR A RAPE? OR FOR KILLING A POLICE OFFICER OR JUDGE.
EFFORTS TO FURTHER LIMIT THE DEATH PENALTY ARE EXPECTED THIS LEGISLATIVE SESSION.
RICHARD DIETER AT THE WASHINGTON BASED DEATH PENALTY INFORMATION CENTER SAYS THE SAMPSON CASE COULD PROMPT THE STATE TO DEBATE THE ISSUE AGAIN.
TAPE: the public doesn?t like the long arm of Washington coming in and telling them what to do in their criminal justice system. It?s typically been a local function with local elected district attorneys etc. now if a state like texas has the death penalty and they have to execute somebody?it?s not just the act of executing, it the way its? done in a sort of less than democratic fashion.
DEITER ADDS THIS STORY IS FAR FROM OVER.
SINCE THE COURTS REINSTATED THE FEDERAL DEATH PENALTY ALMOST 30 YEARS AGO, THE AVERAGE LENGTH OF TIME FOR A FEDERAL CASE TO GO FROM SENTENCING TO EXECUTION IS 5 TO 8 YEARS.
BY THEN, NEW HAMPSHIRE SHOULD HAVE A NEW FEDERAL PRISON IN BERLIN.
THERE THE DEATH SENTENCE COULD BE CARRIED OUT WITH NO STATE INVOLVEMENT.
FOR NHPR NEWS THIS IS MARK BEVIS.
