Religion far from unified on executions

Knowing he could be chosen as a juror deciding the fate of Scott Peterson, Tom Marino sought out his priest to ask if it were acceptable to vote for the death penalty.

The priest told him the rules of God are separate from the rules of man — and that he could vote for execution, said Marino, of San Carlos, during jury selection.

The spiritual struggle of the 55-year-old retired postal worker illustrates the intersection of faith and civic duty in a nation that allows the death penalty but whose religious faiths espouse a variety of views on capital punishment.

Some faiths claim all life is sacred; others justify an "eye for an eye." Still others define a difference between faith and courts of law.

Taking a third life will compound the tragedy, said the Rev. Joseph Illo, pastor at St. Joseph's Catholic Church in Modesto. Illo performed the private funeral service in Modesto for Laci and Conner Peterson.

"This will not make the hurt of the family go away," Illo said. "It is just going to hurt another family. … Killing Scott is not going to bring Laci back."

Ahmad Kayello, assistant imam at Islamic Center of Modesto, said that if a judge finds someone was killed senselessly, the death penalty can be used as punishment.

Lutheran doctrine says authority and legislative and enforcement responsibility are "bestowed by God upon the ruler," and that "Christians are obliged to be obedient and respectful to the state so far as their conscience permits," said Paul Bodin, pastor of Modesto's Emanuel Lutheran Church.

Marino was the last holdout of the 11-member panel in recommending life in prison without parole for Peterson, who was convicted of killing his wife and their unborn son, other jurors said.

On Monday, Marino — who became known as Juror 2 — changed his position and voted with other jurors to recommend the death penalty for Peterson.

"I'm not against the death penalty," Marino said earlier this week in an interview with The Bee. But Roman Catholic teachings about the sanctity of life gave him pause, he said.

Catholics generally against death penalty

A 2001 survey by the Pew Forum and the Pew Research Center showed that 42 percent of those who oppose the death penalty do so because of religious beliefs. Only 15 percent of death penalty supporters said they do so because of religious beliefs.

Catholic teaching is that capital punishment can only be used if it is impossible to contain the perpetrator — unlikely in the modern age in a developed nation, Illo said. Killing another is only condoned in self-defense, he said.

Illo cited the fifth commandment, "Thou shalt not kill," as well as Jesus on the cross telling the thief crucified near him that "today you will be with me in Paradise."

"All three of them had the death penalty," Illo said. "That's an indication that even someone who has been condemned to death is worthy of Paradise."

Pope John Paul II has appealed to Catholics to join efforts to abolish the death penalty. "It's hard to imagine the death penalty being anything but vengeance," Illo said. "And vengeance perpetuates vengeance."

Bodin said Lutheran theology does not oppose the death penalty, though it is concerned about unequal application of the penalty, such as among minorities.

There are no restrictions on the death penalty, when it is properly exercised by the state, with due process, in accordance with the law and as a decision of civil authorities, he said.

"I would say that if the death penalty is a legitimate punishment, then the jury applied the criteria correctly (in the Peterson case)," said Bodin, adding that some members of his congregation knew Laci Peterson. "If any case qualifies, this one does."