Republican Jerry Kilgore hopes to make Democrat Tim Kaine's moral opposition to death penalty a key issue in this year's race for governor.

By CHELYEN DAVIS

Date published: 1/30/2005

RICHMOND--Most Virginians probably think capital punishment is one issue that has pretty much been decided.

After all, Virginia executes more death-row prisoners than any state except Texas.

Legislation to benefit those accused of capital crimes rarely gets far in the state legislature.

Virginia is, for good or ill, a state that likes the death penalty.

So for Republican gubernatorial candidate Jerry Kilgore, having an opponent who morally opposes the death penalty is like getting a gift.

Democratic candidate Tim Kaine says he is personally against the death penalty because of his Roman Catholic faith, but that if elected he would support the laws of the commonwealth.

That's nuanced enough to give Kilgore an opening, and he's been taking it--Kilgore has criticized Kaine's position several times in recent weeks, in a joint appearance before reporters in December and in press releases.

A Kilgore campaign release two weeks ago called Kaine's position "deliberately deceptive and a transparent attempt to hide his record." It went on to list quotes from Kaine, going back more than 15 years, about his distaste for capital punishment.

Kaine, as an attorney, has defended people accused of capital crimes. He also once signed a petition asking for a moratorium on executions until some fairness questions about its application are resolved.

But in his time as lieutenant governor, Kaine has not tried to introduce legislation to do away with the death penalty.

The death penalty could be a potent political issue, says University of Mary Washington political science professor Stephen Farnsworth.

"As a political strategy, I think the death penalty is a good choice for Kilgore. Virginia is a state that historically has executed a lot of people, and there has always been considerable political support for that very strong approach," Farnsworth said.

"The smartest political strategy for any candidate is to figure out what issue can divide the candidate's supporters and unify your own. There are very few Republicans who speak out against the death penalty and within the Democratic Party there are people divided.

"So the death penalty issue has the opportunity to be sort of similar to the gay marriage issue in the 2004 presidential election--something that unites one's supporters and divides one's opponents."

Date published: 1/30/2005