|
Crime: Governor rejects state
board's recommendations in five cases, saying murderers
should not be freed. He rejects criticism from fellow
Democrats.
Sacramento -- Taking at least as tough a
stand on criminal sentencing as his Republican predecessor,
Gov. Gray Davis has rejected parole requests made
unanimously by the Board of Prison Terms in all five of the
murder cases the panel has sent him.
Former Gov. Pete Wilson rejected only 20
parole recommendations during his eight-year tenure, said
Denise Schmidt, spokeswoman for the prison board.
In addition, Democrat Davis has quietly
sent three more unanimous parole recommendations, in
kidnapping and attempted murder cases, back to the board for
further review. Wilson made 47 such referrals as
governor.
Davis's little-known actions have raised
concerns--so far private ones--among some Democrats who
think they are too extreme. But in an interview, the
governor was adamant that he believes murderers--even those
with second-degree convictions--should serve at least a life
sentence in prison.
Asked whether extenuating circumstances
should be a factor in murder sentences, the governor was
blunt: "No. Zero," he said.
"If you take a life, you rob many people
of someone they love, depend upon emotionally,
financially...or whatever," he said. "The reason that
motivated you to do it matters less to me than recognizing
the pain caused by your act."
Davis had already rejected the one
clemency request from a death row inmate that he has
received since taking office in January. The inmate, Jaturun
Siripongs, was executed in February.
The governor, a political centrist, said
he may surprise followers who expect him to be a more
traditional Democrat.
"They must not have been listening when I
was campaigning," Davis said. "If you take someone else's
life, forget it. I just think people dismiss what I said in
the campaign as either political hyperbole or something that
I would back away from...We are doing exactly what we said
we were going to do."
Davis noted that all nine members of the
prison board were appointed by Wilson, who had a reputation
as a conservative crime fighter. Almost mockingly, the
governor implied that he will exceed even his predecessor's
standards on crime sentencing.
"These are supposed to be Wilson people,
and I thought they would be tough-minded," he
said.
The appointees, who serve four-year
terms, include former police chiefs and other law
authorities as well as former Republican lawmakers. Schmidt
said they were traveling throughout the state at hearings
Thursday and unavailable for comment.
She said,; however, that the board
recommends parole for less than 1% of the about 2000 cases
it considers each year. The board conducts hearings and
makes recommendations for every California criminal
sentenced to life with the possibility of parole.
Each of the murder cases Davis considered
involved a second-degree conviction. In two cases, the
inmate was not the killer but a participant in a crime that
resulted in a murder. Four of the crimes took place in Los
Angeles.
Most of the prisoners have been
considered for parole several times already. When their
cases are not approved, they are reconsidered one to five
years later.
One of the cases Davis considered was
previously recommended for parole and sent to Wilson, who
rejected it.
In a 1985 case, a 21-year-old defendant
received a second-degree conviction because he was drunk at
the time he shot and killed the host of a birthday party in
Santa Clara.
The board recommended his parole recently
because he has obtained an academic degree in prison,
attended substance abuse treatment, has no disciplinary
record, has existing family ties and has had job
training.
All of the other crimes occurred at least
17 years ago, and the defendants were between 18 and 21 at
the time. Two of the cases involved gang rivalries in which
the killer and victim were gang members.
One case involved a robbery in which a
store owner was killed by a shotgun blast.
In his election campaign, Davis
frequently reminded voters about his strong support for the
death penalty, in part because his Republican rival, Atty.
Gen. Dan Lungren, questioned Davis' commitment on the
issue.
Davis also strongly registered his
support for the controversial three-strikes law, requiring a
life sentence for criminals convicted of three felony
charges.
In the recent interview, however, Davis
said he was struck by the "awesome power" of a governor
asked to consider an eleventh-hour reprieve for a death row
inmate.
In February, Davis rejected clemency for
Siripongs, a Thai immigrant who three days later was
executed for a 1981 double murder.
"The first day I was reviewing this, it
struck me--this is an incredible amount of power," Davis
said. "The second day, I got beyond that. I realized that I
have to do my job. The jury did its job, and all of the
state courts did their job."
The governor said he will take "a narrow
view of clemency" decisions.
"I believe my role is not to substitute
my judgment for the wisdom of the jury or for the many
appellate courts...that have reviewed the very charges
[brought] to my attention," he said.
Davis said there was extensive
communication between his lawyers and the counsel for
Siripongs before he reached his decision. But he said he
would consider clemency only if the request was based on new
information not considered by the courts.
The next death row inmate scheduled for
execution could pose a particularly difficult decision for
Davis because the prisoner is a Vietnam veteran--like the
governor--whose lawyers say suffers from post-traumatic
stress syndrome caused by the war. Manuel Babbit was
convicted of killing a 78-year-old grandmother in Sacramento
in 1980.
"I have great respect for anyone that
served their country, but I feel very strongly that nobody
should take another person's life," Davis said. "I think I
can separate my regard for his sense of patriotism from any
culpability that I determine he has for the act. That is all
said hypothetically because I haven't seen the
case."
Copyright 1999 Los Angeles
Times.
|