The forgotten victims of capital punishment

James Castle is a criminal defense attorney in Colorado.

For decades the Catholic Church has called for the abolition of the death penalty. Despite the Church’s position, various polls still show U.S. Catholics split 50/50 on whether the death penalty is morally acceptable. The U.S. Supreme Court has ruled that jurors who would not vote for a death sentence because of their beliefs are excluded from jury service in capital cases. As a result, half of all U.S. Catholics are ineligible to serve on capital juries.
I am an attorney and for the vast majority of the last 28 years I have been called upon to represent men facing the death penalty. It is my hope that by sharing my experiences it provokes thought in Catholics who still believe in the death penalty and might someday be called upon to sit as a capital juror or vote on abolition.
In capital cases, the overwhelming emotion that is felt by all is the suffering of the victims. The anguish, the loss, the enduring sadness and the deep, deep pain these good people suffer is palpable and ever so real. In my experience, in every capital case each defendant either endured unspeakable neglect as a child, was a victim of physical or sexual assault, had brain injuries or abnormalities, or suffered from a toxic mix of untreated mental health disorders. Absolutely all of them could have led productive lives if family or society had stepped in and sufficiently helped them.
Despite the horrible crimes they committed, all of these capital defendants also had good qualities and you could find in each one of them their humanity and the opportunity for redemption. As a capital defense attorney there are very few rewards but having the opportunity to see the light of God and humanity in those that are called “the worst of the worst” is a wonderful experience.
It is this portrayal of the contrast in suffering, that of the defendant and that of his victims, which plays out in the courtroom and from which jurors form their ultimate opinions on capital punishment. But there are several other groups who suffer from capital punishment that you never hear about.
There are the family members of defendants who have done nothing wrong but who are indirectly sentenced to years of agony waiting to find out when their loved one will be put to death. It is torturous and cruel to ask a parent or any person to wait and plan for the day when the state puts their child or loved one to death. There are the school teachers, coaches and neighbors who knew the defendant before he did anything wrong and who are pained by the death penalty drama, the goal of which is to end the life of someone they fondly remember.
I have seen judges and their staff literally age decades because of the great weight and responsibility placed on them to preside over capital cases. I have seen prosecutors, defense attorneys, investigators and staff suffer significant medical and psychological injuries and seen marriages crumble as a result of the stress of the capital punishment process. Years and years shaved off lives of people who were called upon to play a role in the death penalty process.
Jurors also suffer. After a death verdict many jurors have nightmares, experience regret and have deep sorrow for what they were asked to do and all are indelibly changed forever.
Some victims of the crimes for which a death sentence is sought also later suffer when a death sentence is executed. Some may think this is a small minority but the national group, Murder Victims Family for Reconciliation, which opposes the death penalty, has thrived for more than 35 years and has members throughout the country.
The rest of the citizens also suffer due to millions being spent pursuing the death penalty which could be used for worthy causes which can actually reduce violent crime such as mental health screening and treatment or providing assistance to families in crisis.
Since the death penalty was renewed in 1976, Colorado has spent millions and has executed one person. Any other state program that had a single result in 39 years at such a cost would be quickly scuttled by a bipartisan legislative initiative? Why is the death penalty an exception to fiscal sanity? Hopefully these are additional matters that all Catholics will think about if they are called upon to cast a vote on capital punishment either on a ballot or a verdict form.

James Castle received the St. Thomas More Award from the Catholic Lawyer’s Guild Jan. 29.

COMING UP: Father and son, deacon and priest: Deacon dads and priest sons share special bond as both serve God’s people

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The bond between a father and son is one of God’s greatest designs; however, when father and son are both called to serve the Church as deacon and priest, that bond takes on a whole new meaning. Just ask these two dads and their sons, all of whom answered the call to serve the people of God at the altar.

Deacon Michael Magee serves at Our Lady of Loreto Parish in Foxfield, while his son Father Matthew Magee has worked as the priest secretary to Archbishop Samuel J. Aquila for the past several years and will soon be moved to a new assignment as parochial vicar at St. Thomas Aquinas Parish in Boulder. Deacon Darrell Nepil serves at Our Lady of Lourdes Parish in Denver, and his son, Father John Nepil, served at several parishes within the archdiocese before his current assignment as a professor at St. John Vianney Theological Seminary.

However different their journeys may have been, all four have something in common; mainly, that far from seeing their vocations as a reward from God, they have received them as an uncommon gift of grace that has blessed their families and individual relationships with each other abundantly, knowing that God acts in different ways to help us all get to Heaven.

Interwoven journeys

Deacon Michael Magee was ordained in May 2009, at the end of Father Matt’s first year of seminary. Little did they know that God would use both of their callings to encourage each other along the journey.

Deacon Michael’s journey began when a man from his parish was ordained a deacon.

“I simply felt like God was calling me to do something more than I was doing at the present time,” he said. “I had been volunteering for a number of different things and was involved in some ministry activities and in the Knights of Columbus. And I thought the idea of being a deacon would be simply another activity for which I could volunteer.”

He didn’t know what it entailed at the time. In fact, he believed it was something a man could simply sign up for. To his surprise, the diaconate was more serious – and it required five years of formation and discernment. Yet he was so drawn to it, that he decided to do it anyway. But as he learned more about the nature of the diaconate during his formation, he became more nervous and unsure about whether God was really calling him to that vocation. 

While his doubts remained all the way up to his ordination, Deacon Michael was faithful to his studies, trusting that God would lead him in the right path. 

And God did — through the calling of his own son to the priesthood.

Deacon Michael didn’t realize that his son Matthew had paid close attention to his father’s faith journey and had found in it a light that gave him courage to discern the priesthood.

Father Matthew Magee (left) and his dad, Deacon Michael Magee (right), were both encouraging to one another as they each pursued their respective vocations. (Photo by Daniel Petty/Denver Catholic)

“Seeing my dad, as a father, growing in his relationship with the Lord was really influential for me on my own desire to follow Christ,” said Father Matt. “Looking at his courage to discern his own vocation and follow God’s plan in his life gave me the strength and courage to be open to the same thing in my life… He played a very important role, whether he knew it or not at the time, and whether I knew it or not at the time.”

On the other hand, Father Matt didn’t know that his dad was in turn encouraged by his own response to God’s calling. 

“As I went through all those doubts, I watched Matthew’s journey in seminary and listened to how he was dealing with that in his life. And, as he just articulated very well, I also saw those same qualities in him,” Deacon Michael said. “Seeing a young man in his 20s willing to consider following God for the rest of his life also gave me the courage to continue on in my own journey, to see it through.”

God’s way of uplifting them in their vocations through each other’s journey is something they are very grateful for. 

This unusual grace impacted Father Matt during his first Mass, when his dad, as deacon, approached him before the Gospel reading and asked for the traditional blessing by calling him “father.”

“It was a really special moment for me. He’s certainly my biological father and raised me. But then there’s something different when we’re at the altar in a clerical capacity — there’s a strange reversal of roles when we’re giving spiritual nourishment to the people — a father asks the new father for the blessing,” he said.

In both of their vocations, Deacon Michael and Father Matt see God’s Providence and the unique plan he has for all of us.

“We all have a vocation, even if it’s something we may not expect,” Deacon Michael concluded. “You may feel anxiety or worry about what it’s going to look like, but trust in God. He will take care of things as he always does.”

A bribe for Heaven

For Deacon Darell and Father John Nepil, the journey was different, but not any less providential.

While he grew up Catholic, Father John wasn’t interested in setting foot on any Church activity during his teenage years. His saving grace was perhaps what many parents have to do to get their teenagers to Church: bribe them.

“His mom and I basically bribed him to go to the Steubenville of the Rockies Conference,” Deacon Darell said with a laugh. “He didn’t want to go, but we’d heard so many good things about it, that we said, ‘We’re going to make this happen, whatever it takes.’”

So the Nepils came up with a creative idea.

“He owed me some money for a uniform that he had needed for a job in the summer. So, I said, ‘Listen, if you go to the Steubenville of the Rockies Conference, I’ll forgive your debt. And he did, he and his brother went. And John especially came back a different boy. He literally was converted with a lightning bolt at that retreat.”

To this day, Father John marks his conversion to Christ from the summer before his senior year in high school when he attended that conference. 

As it happens with stories worth telling, the details of how much money he owed his father have varied over the years, and it’s a matter of debate among them, but Father John remembers it was close to $500.

“That’s subject to each one,” Father John said laughingly. “But what matters is that they offered to forgive my debt if I went to this retreat – it was money well spent.”

Besides this important event, Father John said that his dad influenced him in many ways by the simple fact of who he was as a father.

“My dad’s faith and moral character were a rock for me during some difficult teenage years,” he said. “He’s a great example of a man who was always faithful and lived a really outstanding moral life, but then as he deepened in love with Christ, he decided to give of himself in a more profound service.”

Father John Nepil (left) and Deacon Darrell Nepil (right) both had rather roundabout ways to their respective vocations, but they both say serving God’s people together as brothers in Holy Orders is a great joy. (Photo provided)

Besides his desire to serve and follow God, the seed that would eventually lead Deacon Darell to the diaconate was planted by a coworker, who would also take holy orders: Deacon Joe Donohoe.

“One day he said to me, ‘You should be a deacon.’ And, of course, I laughed at him and said, ‘I don’t have time for that. My life is too busy.’ But it only took him to suggest it for the idea to keep coming back to my head, and God kept nudging me. Eventually I decided I really wanted to do that,” Deacon Darell said.

The ability to share at the altar during the Mass has deepened the natural relationship of father and son and given Deacon Darell and Father John new opportunities to grow closer to God. 

One of the most meaningful times came when Deacon Darell had a massive stroke in 2018. While he was in the hospital, Father John was able to visit and celebrate Mass at his bed and pray the rosary with him every day, as he had come back from Rome and was working on his dissertation.

“It was probably the most privileged and intimate time I’ve ever had with my father,” Father John said. “It was an amazing gift that really changed our relationship.”

“I feel like that’s a huge reason why I healed and why I am here today,” Deacon Darell added.

“It’s a real gift to have my dad as a deacon and a brother. It’s a tremendous honor. It’s one of the great joys of my life.” Father John concluded. “That’s really what has bonded our relationship together: the sheer desire to serve Jesus, especially in holy orders.”