Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County
California Will Dismantle Death Row — Some Cheer, but Others Are Outraged
California Moves to Dismantle Death Row at San Quentin
New Life for Death Penalty
Federal Government to Resume Capital Punishment After Nearly 20-Year Hiatus
Sacramento Cop's Death Raises the Political Perils of Capital Punishment
Gov. Newsom Halts Executions; Opponents Call Move an Abuse of Power
Gov. Newsom to Suspend Death Penalty by Executive Order; Political Fallout Likely
Executions Could Come Sooner After California Supreme Court Ruling
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She lives in San Francisco with her two sons and husband.\u003c/span>","avatar":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twitter":"@mlagos","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["author"]}],"headData":{"title":"Marisa Lagos | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/a261a0d3696fc066871ef96b85b5e7d2?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mlagos"},"afinney":{"type":"authors","id":"11772","meta":{"index":"authors_1591205172","id":"11772","found":true},"name":"Annelise Finney","firstName":"Annelise","lastName":"Finney","slug":"afinney","email":"afinney@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"Weekend Reporter","bio":"Annelise reports on reparations and daily news for the weekend desk. She is also the co-producer the Sunday Music Drop, a radio series featuring Bay Area musicians. She joined KQED in 2021 as a general assignment reporter and is an alumna of KALW's Audio Academy. She was born and raised in the East Bay and holds a B.A. in Urban Studies from Barnard College.","avatar":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g","twitter":"sharkfinney","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Annelise Finney | KQED","description":"Weekend Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/5fded66cae47704cdfc5021cde0f3aa4?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/afinney"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11983705":{"type":"posts","id":"news_11983705","meta":{"index":"posts_1591205157","site":"news","id":"11983705","score":null,"sort":[1713820161000]},"guestAuthors":[],"slug":"allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county","title":"Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County","publishDate":1713820161,"format":"standard","headTitle":"Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Alameda County District Attorney Pamela Price announced Monday that a federal judge has directed her office to review all death penalty convictions for signs of prosecutorial misconduct.\u003c/p>\n\u003cp>The directive from Judge Vince Chhabria of the U.S. District Court of Northern California comes after evidence indicating Alameda County prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>The discovery of notes highlighting the race and ethnicity of potential jurors in Dykes’ case has led to the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty.\u003c/p>\n\u003cp>“These notes — especially when considered in conjunction with evidence presented in other cases — constitutes strong evidence that, in prior decades, prosecutors from the [Alameda County District Attorney’s office] were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases,” Judge Chhabria, who will oversee Alameda County’s review, wrote in a Monday court order.\u003c/p>\n\u003cp>The misconduct allegations in the county were the subject of a state Supreme Court hearing in 2005. State and federal law bars prosecutors from removing jurors based on race or ethnicity.\u003c/p>\n\u003cfigure id=\"attachment_11983717\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983717\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\" alt=\"A screenshot of a court document.\" width=\"600\" height=\"545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png 600w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1-160x145.png 160w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">U.S. District Court Judge Vince Chhabria lifted his order barring the Alameda County District Attorney’s Office from disclosing records of alleged prosecutorial misconduct in death penalty cases on April 22. \u003ccite>(Courtesy of the U.S. District Court of Northern California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Judge Chhabria is very much aware the District Court has reversed a number of convictions based on similar evidence,” Price said. “For too long, prosecutors have not been held to a high standard and have not had accountability.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dykes was convicted in 1995 for the murder of 9-year-old Lance Clark and the attempted murder of his grandmother, Bernice Clark, during a robbery at an East Oakland apartment complex. An appeal of his sentence is currently before Judge Chhabria.\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cfigure id=\"attachment_11983714\" class=\"wp-caption aligncenter\" style=\"max-width: 873px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713819445665.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11983714 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png\" alt=\"A screenshot image of a handwritten note.\" width=\"873\" height=\"522\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png 873w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-800x478.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-160x96.png 160w\" sizes=\"(max-width: 873px) 100vw, 873px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alameda County District Attorney says the recently discovered 1995 prosecutor’s voir dire notes show a disdain for Black women and a belief they won’t vote for a death sentence. No Black women were selected as jurors in the 1995 trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Price said one of her deputies found handwritten notes about potential jurors while reviewing Dykes’ case file at the request of Judge Chhabria. Price’s office shared some of these notes with KQED.\u003c/p>\n\u003cp>In one example concerning a Black female juror, an unnamed prosecutor wrote, “Says race is no issue, but I don’t believe her.” Another note described a different Black female juror as “short, fat, troll,” and that she “seemed put out my Q’s about the D/P — tried to avoid giving direct answer [sic] a lot of ‘I don’t knows’ — don’t believe she could vote D/P.” The unnamed prosecutor, apparently, used “Q’s” as an abbreviation for questions and “D/P” for the death penalty.\u003c/p>\n\u003cfigure id=\"attachment_11983715\" class=\"wp-caption aligncenter\" style=\"max-width: 684px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983715\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\" alt=\"\" width=\"684\" height=\"510\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png 684w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM-160x119.png 160w\" sizes=\"(max-width: 684px) 100vw, 684px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A deputy district attorney in Alameda County found notes from a 1995 trial that show prosecutors highlighting a prospective juror’s Jewish identity. No Jewish jurors were selected to serve as jurors in the trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Other notes appear to document whether the author believed prospective jurors were Jewish, writing at the top of a juror questionnaire, “Jew? Yes.” In notes about another juror, “Banker. Jew?” is followed by “Nice guy — thoughtful but never a strong DP leader — Jewish background.”\u003c/p>\n\u003cp>Colton Carmine, a former deputy district attorney, was the lead prosecutor in Dykes’ trial. Carmine was assisted in jury selection by former Deputy District Attorney Morris Jacobson, now an Alameda County Superior Court judge. According to Price, it is not clear if the handwriting in the case file belongs to Carmine, Jacobson or someone else.\u003c/p>\n\u003cp>No Black or Jewish jurors heard Dykes’ case.\u003c/p>\n\u003cp>Carmine could not be reached for comment. Jacobson did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>“The notes appear to indicate a disdain for Black women,” Price said. “The fact that they were singled out in the way in which they are in the notes, and ways that other jurors were not, is very telling.”\u003c/p>\n\u003cp>Defense attorneys for Dykes, who is at the California Health Care Facility, a state prison for incarcerated patients with protracted medical needs, hope the review creates an opportunity to unearth and address a decadeslong problem.[aside postID=\"news_11980987,news_11983091\" label=\"Related Stories\"]\u003c/p>\n\u003cp>“This has been there for 20 years, and it keeps coming up in cases,” said Brian Pomerantz, who represents Dykes as well as two other people on death row after being convicted in Alameda County.\u003c/p>\n\u003cp>A review of 26 juries conducted by defense attorney Lawrence Gibbs, in conjunction with attorneys for Habeas Corpus Resource Center, found that in death penalty cases between 1984 and 1994, Alameda prosecutors removed every single juror who identified themselves as Jewish and nearly 90% of jurors with apparent Jewish surnames as long as they still had peremptory strikes available to them.\u003c/p>\n\u003cp>Evidence of systematic removal of Black female and Jewish jurors has led to at least three people convicted in Alameda County being resentenced and is at issue in at least three pending Alameda death penalty appeals, including Dykes’. The allegation was the focus of a \u003ca href=\"https://www.latimes.com/archives/la-xpm-2006-may-19-me-jewish19-story.html\">2005 state Supreme Court hearing\u003c/a> in which Carmine testified that prosecutors were trained to exclude Jewish jurors. The Supreme Court rejected misconduct claims.\u003c/p>\n\u003cp>“This should not be the legacy of this office,” Price told KQED. “The prosecutors who participated in this practice — if we determine that they did, in fact, have this practice — undermined the conviction integrity of every one of these cases, and now the victims, the witnesses, and the defendants have to bear the brunt of it.”\u003c/p>\n\u003cp>The review began a month ago. Price said her office has begun outreach to the survivors and victims of crimes that resulted in death penalty sentences. Her office also created a hotline for people with questions about the review.\u003c/p>\n\u003cp>“It’s outrageous. When you have this kind of misconduct, it impacts them first and foremost because they have been misled,” Price said. “We have to be mindful of the impact that this has on them, and address their needs as well as balancing the right of every defendant to a fair trial.”\u003c/p>\n\u003cp>In 2019, Gov. Gavin Newsom declared a moratorium on death sentences. Earlier this month, Santa Clara District Attorney Jeff Rosen announced he would \u003ca href=\"https://www.latimes.com/california/story/2024-04-04/santa-clara-county-da-death-penalty-cases\">resentence all 15 people with death row convictions in the county\u003c/a>.\u003c/p>\n\u003cp>In statewide referendums in 2012 and 2016, approximately 60% of Alameda County residents voted in favor of ending the state’s death penalty. The propositions failed.\u003c/p>\n\u003cp>Earlier this month, a group of legal advocates led by the Office of the State Public Defender \u003ca href=\"https://www.sfchronicle.com/politics/article/california-death-penalty-lawsuit-19392576.php\">asked the state Supreme Court\u003c/a> to “bar the prosecution, imposition and execution of death sentences” because the death penalty is disproportionately applied to people of color in California. According to \u003ca href=\"https://statecourtreport.org/sites/default/files/2024-04/california-state-public-defender-petition-for-stays-of-execution.pdf\">their court filings\u003c/a>, Black defendants are roughly nine times more likely to be sentenced to death than defendants of all other races, in part because of the exclusion of people of color from juries, they argued.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.clrc.ca.gov/CRPC/Pub/Reports/CRPC_DPR.pdf\">2021 report\u003c/a> by the Committee on the Revision of the Penal Code found that between 2010-2020 Alameda juries sent three people to death row. All three are Black.\u003c/p>\n\u003cp>Price said her office plans to review each case separately. The review may be expanded to include other types of convictions.\u003c/p>\n\u003cp>“We will follow the string or the trail wherever it leads,” Price told KQED. “We will not cover this up.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003ci>The Alameda County District Attorney created a hotline for victims and survivors impacted by death penalty cases. The office can be reached by phone at 510-208-9555 or by email at shawn.mitchell@acgov.org.\u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"The discovery of notes highlighting the race and ethnicity of potential jurors led to the latest allegation that prosecutors prevented Black and Jewish residents from serving on death penalty juries.","status":"publish","parent":0,"modified":1713900376,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1447},"headData":{"title":"Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County | KQED","description":"The discovery of notes highlighting the race and ethnicity of potential jurors led to the latest allegation that prosecutors prevented Black and Jewish residents from serving on death penalty juries.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County","datePublished":"2024-04-22T21:09:21.000Z","dateModified":"2024-04-23T19:26:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Alameda County District Attorney Pamela Price announced Monday that a federal judge has directed her office to review all death penalty convictions for signs of prosecutorial misconduct.\u003c/p>\n\u003cp>The directive from Judge Vince Chhabria of the U.S. District Court of Northern California comes after evidence indicating Alameda County prosecutors may have excluded Black and Jewish jurors was found in the case of Ernest Dykes, who sits on death row.\u003c/p>\n\u003cp>The discovery of notes highlighting the race and ethnicity of potential jurors in Dykes’ case has led to the latest allegation that prosecutors systematically prevented Black and Jewish residents from serving on death penalty juries in the 1980s and 1990s. The rejection was based on the belief that Black and Jewish jurors were more likely to oppose the death penalty.\u003c/p>\n\u003cp>“These notes — especially when considered in conjunction with evidence presented in other cases — constitutes strong evidence that, in prior decades, prosecutors from the [Alameda County District Attorney’s office] were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases,” Judge Chhabria, who will oversee Alameda County’s review, wrote in a Monday court order.\u003c/p>\n\u003cp>The misconduct allegations in the county were the subject of a state Supreme Court hearing in 2005. State and federal law bars prosecutors from removing jurors based on race or ethnicity.\u003c/p>\n\u003cfigure id=\"attachment_11983717\" class=\"wp-caption aligncenter\" style=\"max-width: 600px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983717\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png\" alt=\"A screenshot of a court document.\" width=\"600\" height=\"545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1.png 600w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/image-4-1-160x145.png 160w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">U.S. District Court Judge Vince Chhabria lifted his order barring the Alameda County District Attorney’s Office from disclosing records of alleged prosecutorial misconduct in death penalty cases on April 22. \u003ccite>(Courtesy of the U.S. District Court of Northern California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Judge Chhabria is very much aware the District Court has reversed a number of convictions based on similar evidence,” Price said. “For too long, prosecutors have not been held to a high standard and have not had accountability.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dykes was convicted in 1995 for the murder of 9-year-old Lance Clark and the attempted murder of his grandmother, Bernice Clark, during a robbery at an East Oakland apartment complex. An appeal of his sentence is currently before Judge Chhabria.\u003c/p>\n\u003cp>According to data from the California Department of Corrections and Rehabilitation, there are currently 37 people on death row who were convicted in Alameda County, including Dykes. Price’s office told KQED it is reviewing 35 cases. The review could lead to resentencing or retrials.\u003c/p>\n\u003cfigure id=\"attachment_11983714\" class=\"wp-caption aligncenter\" style=\"max-width: 873px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713819445665.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11983714 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png\" alt=\"A screenshot image of a handwritten note.\" width=\"873\" height=\"522\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956.png 873w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-800x478.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.55.58-PM-e1713820027956-160x96.png 160w\" sizes=\"(max-width: 873px) 100vw, 873px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The Alameda County District Attorney says the recently discovered 1995 prosecutor’s voir dire notes show a disdain for Black women and a belief they won’t vote for a death sentence. No Black women were selected as jurors in the 1995 trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Price said one of her deputies found handwritten notes about potential jurors while reviewing Dykes’ case file at the request of Judge Chhabria. Price’s office shared some of these notes with KQED.\u003c/p>\n\u003cp>In one example concerning a Black female juror, an unnamed prosecutor wrote, “Says race is no issue, but I don’t believe her.” Another note described a different Black female juror as “short, fat, troll,” and that she “seemed put out my Q’s about the D/P — tried to avoid giving direct answer [sic] a lot of ‘I don’t knows’ — don’t believe she could vote D/P.” The unnamed prosecutor, apparently, used “Q’s” as an abbreviation for questions and “D/P” for the death penalty.\u003c/p>\n\u003cfigure id=\"attachment_11983715\" class=\"wp-caption aligncenter\" style=\"max-width: 684px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11983715\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png\" alt=\"\" width=\"684\" height=\"510\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM.png 684w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/Screenshot-2024-04-22-at-1.56.13-PM-160x119.png 160w\" sizes=\"(max-width: 684px) 100vw, 684px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A deputy district attorney in Alameda County found notes from a 1995 trial that show prosecutors highlighting a prospective juror’s Jewish identity. No Jewish jurors were selected to serve as jurors in the trial. \u003ccite>(Courtesy of Alameda County District Attorney)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Other notes appear to document whether the author believed prospective jurors were Jewish, writing at the top of a juror questionnaire, “Jew? Yes.” In notes about another juror, “Banker. Jew?” is followed by “Nice guy — thoughtful but never a strong DP leader — Jewish background.”\u003c/p>\n\u003cp>Colton Carmine, a former deputy district attorney, was the lead prosecutor in Dykes’ trial. Carmine was assisted in jury selection by former Deputy District Attorney Morris Jacobson, now an Alameda County Superior Court judge. According to Price, it is not clear if the handwriting in the case file belongs to Carmine, Jacobson or someone else.\u003c/p>\n\u003cp>No Black or Jewish jurors heard Dykes’ case.\u003c/p>\n\u003cp>Carmine could not be reached for comment. Jacobson did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>“The notes appear to indicate a disdain for Black women,” Price said. “The fact that they were singled out in the way in which they are in the notes, and ways that other jurors were not, is very telling.”\u003c/p>\n\u003cp>Defense attorneys for Dykes, who is at the California Health Care Facility, a state prison for incarcerated patients with protracted medical needs, hope the review creates an opportunity to unearth and address a decadeslong problem.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11980987,news_11983091","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This has been there for 20 years, and it keeps coming up in cases,” said Brian Pomerantz, who represents Dykes as well as two other people on death row after being convicted in Alameda County.\u003c/p>\n\u003cp>A review of 26 juries conducted by defense attorney Lawrence Gibbs, in conjunction with attorneys for Habeas Corpus Resource Center, found that in death penalty cases between 1984 and 1994, Alameda prosecutors removed every single juror who identified themselves as Jewish and nearly 90% of jurors with apparent Jewish surnames as long as they still had peremptory strikes available to them.\u003c/p>\n\u003cp>Evidence of systematic removal of Black female and Jewish jurors has led to at least three people convicted in Alameda County being resentenced and is at issue in at least three pending Alameda death penalty appeals, including Dykes’. The allegation was the focus of a \u003ca href=\"https://www.latimes.com/archives/la-xpm-2006-may-19-me-jewish19-story.html\">2005 state Supreme Court hearing\u003c/a> in which Carmine testified that prosecutors were trained to exclude Jewish jurors. The Supreme Court rejected misconduct claims.\u003c/p>\n\u003cp>“This should not be the legacy of this office,” Price told KQED. “The prosecutors who participated in this practice — if we determine that they did, in fact, have this practice — undermined the conviction integrity of every one of these cases, and now the victims, the witnesses, and the defendants have to bear the brunt of it.”\u003c/p>\n\u003cp>The review began a month ago. Price said her office has begun outreach to the survivors and victims of crimes that resulted in death penalty sentences. Her office also created a hotline for people with questions about the review.\u003c/p>\n\u003cp>“It’s outrageous. When you have this kind of misconduct, it impacts them first and foremost because they have been misled,” Price said. “We have to be mindful of the impact that this has on them, and address their needs as well as balancing the right of every defendant to a fair trial.”\u003c/p>\n\u003cp>In 2019, Gov. Gavin Newsom declared a moratorium on death sentences. Earlier this month, Santa Clara District Attorney Jeff Rosen announced he would \u003ca href=\"https://www.latimes.com/california/story/2024-04-04/santa-clara-county-da-death-penalty-cases\">resentence all 15 people with death row convictions in the county\u003c/a>.\u003c/p>\n\u003cp>In statewide referendums in 2012 and 2016, approximately 60% of Alameda County residents voted in favor of ending the state’s death penalty. The propositions failed.\u003c/p>\n\u003cp>Earlier this month, a group of legal advocates led by the Office of the State Public Defender \u003ca href=\"https://www.sfchronicle.com/politics/article/california-death-penalty-lawsuit-19392576.php\">asked the state Supreme Court\u003c/a> to “bar the prosecution, imposition and execution of death sentences” because the death penalty is disproportionately applied to people of color in California. According to \u003ca href=\"https://statecourtreport.org/sites/default/files/2024-04/california-state-public-defender-petition-for-stays-of-execution.pdf\">their court filings\u003c/a>, Black defendants are roughly nine times more likely to be sentenced to death than defendants of all other races, in part because of the exclusion of people of color from juries, they argued.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.clrc.ca.gov/CRPC/Pub/Reports/CRPC_DPR.pdf\">2021 report\u003c/a> by the Committee on the Revision of the Penal Code found that between 2010-2020 Alameda juries sent three people to death row. All three are Black.\u003c/p>\n\u003cp>Price said her office plans to review each case separately. The review may be expanded to include other types of convictions.\u003c/p>\n\u003cp>“We will follow the string or the trail wherever it leads,” Price told KQED. “We will not cover this up.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ci>The Alameda County District Attorney created a hotline for victims and survivors impacted by death penalty cases. The office can be reached by phone at 510-208-9555 or by email at shawn.mitchell@acgov.org.\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983705/allegations-of-prosecutorial-bias-spark-review-of-death-penalty-convictions-in-alameda-county","authors":["11772"],"categories":["news_6188","news_8"],"tags":["news_21126","news_23318","news_18282","news_27626","news_20310","news_24461","news_25944"],"featImg":"news_11983711","label":"news"},"news_11938061":{"type":"posts","id":"news_11938061","meta":{"index":"posts_1591205157","site":"news","id":"11938061","score":null,"sort":[1673726714000]},"guestAuthors":[],"slug":"california-will-dismantle-death-row-some-cheer-but-others-are-outraged","title":"California Will Dismantle Death Row — Some Cheer, but Others Are Outraged","publishDate":1673726714,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state's Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom's belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>\"That's a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,\" the Democratic governor said last year. \"Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.\"\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.'[/pullquote]The CDCR says the move allows the state \"to phase out the practice of segregating people on death row based solely on their sentence.\" No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims' families, as required under Proposition 66. That 2016 voter-passed initiative amended California's Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>\"\u003c/em>I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,\" says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. \"It will continue to show people that the death penalty is neither necessary nor is it doing us any good.\"\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom's move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>\"It's going to be very difficult. There are many people on death row with serious mental issues,\" he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. \"I think it's a very good move on [Newsom's] part. I just think that it has to be done extraordinarily carefully and very, very humanely.\"\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims' rights advocates are frustrated and angry.\u003c/p>\n\u003cp>\"To hear this news is devastating,\" says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child's body in a riverbed.[aside label=\"Related Stories\" postID=\"news_10833493,news_11903391,news_11732471\"]\"He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,\" she says. \"And he was 8 years old. Just the little boy full of life, full of dreams.\"\u003c/p>\n\u003cp>Rhoades was convicted of Lyons' murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California's death penalty reforms grew out of 2016's Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>\"The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,\" says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. \"To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It's unjust, unfair and it's stupid.\"\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon's Kate Brown extended her predecessor's moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state's execution chamber.\u003c/p>\n\u003cp>\"I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn't make sense for the state to take a life, particularly when it is irreversible,\" she said, after announcing her decision shortly before the holiday break.[pullquote align=\"right\" size=\"medium\" citation=\"Mike Farrell, actor/activist, Death Penalty Focus\"]'I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.'[/pullquote]Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that's in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it's outrageous that killers like Rhoades may \"get rewarded,\" as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>\"For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,\" she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>\"Their housing would depend on their individual case factors, and it's what the multidisciplinary teams will be evaluating,\" says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims' families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>\"Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,\" Friend says. \"He is a great threat to our society, our children.\"\u003c/p>\n\u003cp>The state hopes to permanently empty California's death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>\"I'm definitely going to make Michael's voice heard,\" she says, \"because he's the one that is getting lost in all of this.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The effort is in keeping with Gov. Gavin Newsom's belief that the death penalty in America is unjust, is racially and class biased, and has little connection to justice. California has the largest death row system in the US.","status":"publish","parent":0,"modified":1674072601,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1390},"headData":{"title":"California Will Dismantle Death Row — Some Cheer, but Others Are Outraged | KQED","description":"The effort is in keeping with Gov. Gavin Newsom's belief that the death penalty in America is unjust, is racially and class biased, and has little connection to justice. California has the largest death row system in the US.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Will Dismantle Death Row — Some Cheer, but Others Are Outraged","datePublished":"2023-01-14T20:05:14.000Z","dateModified":"2023-01-18T20:10:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://www.npr.org/people/2101350/eric-westervelt\">Eric Westervelt\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11938061/california-will-dismantle-death-row-some-cheer-but-others-are-outraged","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California this week pushed ahead with controversial efforts to dismantle the largest death row system in America.\u003c/p>\n\u003cp>Under Gov. Gavin Newsom, \u003ca href=\"https://www.cdcr.ca.gov/news/2023/01/11/cdcr-submits-regulations-for-the-transfer-of-condemned-inmates-from-death-row-housing-units/\">the state is moving to\u003cstrong> \u003c/strong>make the transfer of condemned people permanent and mandatory\u003c/a> after what the state's Department of Corrections and Rehabilitation (CDCR) calls a successful pilot program that voluntarily moved 101 condemned people off death row into general population prisons across the state.\u003c/p>\n\u003cp>The effort is in keeping with Newsom's belief that the death penalty in America is unjust, is racially and class biased and has little connection to justice.\u003c/p>\n\u003cp>\"That's a hell of a thing: The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,\" the Democratic governor said last year. \"Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.\"\u003c/p>\n\u003cp>After\u003cstrong> \u003c/strong>a 45-day public comment period and a public hearing in March, the state hopes to start moving all 671 people on death row — 650 men and 21 women — into several other prisons across the state with high-security units.\u003c/p>\n\u003cp>Some of those people will be able to get jobs or cellmates if they are mainstreamed into the general prison population.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence. Think about that. We talk about justice, we preach justice. But as a nation, we don't practice it on death row.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The CDCR says the move allows the state \"to phase out the practice of segregating people on death row based solely on their sentence.\" No people will be resentenced and no death row commutations offered, officials say.\u003c/p>\n\u003cp>Technically, the death penalty still exists in California. Prosecutors can still seek it. But \u003ca href=\"https://www.cdcr.ca.gov/capital-punishment/inmates-executed-1978-to-present/executed-inmate-summary-clarence-ray-allen/%20\">no one has been put to death in the state in 17 years\u003c/a>. And in 2019, Newsom imposed \u003ca href=\"https://www.gov.ca.gov/2019/03/13/governor-gavin-newsom-orders-a-halt-to-the-death-penalty-in-california/%20\">a moratorium on executions\u003c/a> and closed the death chamber at San Quentin, the decrepit and still heavily used 19th-century prison overlooking San Francisco Bay.\u003c/p>\n\u003cp>Those who get prison jobs — as clerks, or laundry or kitchen helpers — will see 70% of their pay go to victims' families, as required under Proposition 66. That 2016 voter-passed initiative amended California's Penal Code to require people sentenced to death to work and pay restitution.\u003c/p>\n\u003cp>Anti-capital punishment groups are elated that the state with the largest condemned population is moving forward with efforts to, in effect, join the \u003ca href=\"https://deathpenaltyinfo.org/state-and-federal-info/state-by-state%20\">23 other states that have abolished their death rows\u003c/a>.\u003c/p>\n\u003cp>\u003cem>\"\u003c/em>I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing,\" says actor Mike Farrell, a long-time activist on the issue who chairs the group \u003ca href=\"https://deathpenalty.org/\">Death Penalty Focus\u003c/a>. \"It will continue to show people that the death penalty is neither necessary nor is it doing us any good.\"\u003c/p>\n\u003cp>Farrell calls capital punishment barbaric and biased against Black and brown people and those from lower socioeconomic backgrounds. While he wholly supports\u003cstrong> \u003c/strong>Newsom's move, he points out that many people on death row face serious psychological hurdles, which will complicate the process of mainstreaming people on death row.\u003c/p>\n\u003cp>\"It's going to be very difficult. There are many people on death row with serious mental issues,\" he told NPR\u003cstrong>, \u003c/strong>noting many have been isolated for decades. \"I think it's a very good move on [Newsom's] part. I just think that it has to be done extraordinarily carefully and very, very humanely.\"\u003c/p>\n\u003ch2>Some families of murder victim are opposed\u003c/h2>\n\u003cp>But death penalty proponents and victims' rights advocates are frustrated and angry.\u003c/p>\n\u003cp>\"To hear this news is devastating,\" says Sandra Friend. She described feeling victimized all over again.\u003c/p>\n\u003cp>Her \u003ca href=\"https://www.change.org/p/forever-fighting-in-memory-of-michael-lyons%20%20\">8-year-old son, Michael Lyons\u003c/a>, was making his way home from school in Yuba City in 1996 when he was abducted and sodomized by serial killer Robert Boyd Rhoades, who dumped the child's body in a riverbed.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_10833493,news_11903391,news_11732471"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"He [Rhoades] tortured Michael for 10 hours. He stabbed him 70 to 80 times,\" she says. \"And he was 8 years old. Just the little boy full of life, full of dreams.\"\u003c/p>\n\u003cp>Rhoades was convicted of Lyons' murder in 1998 and later sentenced to die by lethal injection. But that never happened.\u003c/p>\n\u003cp>In part, California's death penalty reforms grew out of 2016's Prop. 66, which promised to speed up the time between a death sentence and an execution. The successful ballot measure also required condemned people to work and pay restitution.\u003c/p>\n\u003cp>Now death penalty proponents accuse Newsom of exploiting a lesser-known section of Prop. 66 for his own ideological and political purposes.\u003c/p>\n\u003cp>\"The governor has taken loopholes and nuances in the law and used them to give criminals — the worst criminals — a break,\" says Michael Rushford, president of the conservative \u003ca href=\"https://www.cjlf.org/\">Criminal Justice Legal Foundation\u003c/a>. \"To start mainstreaming people like \u003ca href=\"https://www.latimes.com/archives/la-xpm-1986-05-01-me-2666-story.html\">Tiequon Cox\u003c/a>, who killed an entire family in Los Angeles after going to the wrong address to do a gang hit, is an abandonment of justice. Injecting politics into criminal justice and public safety is insane. It's unjust, unfair and it's stupid.\"\u003c/p>\n\u003ch2>Other states have taken similar measures\u003c/h2>\n\u003cp>In recent years, governors in Pennsylvania and Oregon also have imposed moratoriums on the death penalty.\u003c/p>\n\u003cp>Oregon's Kate Brown extended her predecessor's moratorium. And in one of her last acts as governor last month, \u003ca href=\"https://www.opb.org/article/2022/12/15/oregon-gov-kate-brown-explains-why-she-commuted-all-of-her-state-s-death-sentences/\">she commuted the sentences of all 17 people on death row to life in prison with no possibility of parole\u003c/a>. She also ordered corrections officials to begin dismantling the state's execution chamber.\u003c/p>\n\u003cp>\"I believe that there are many Oregonians that share my values that it is inequitable, immoral and doesn't make sense for the state to take a life, particularly when it is irreversible,\" she said, after announcing her decision shortly before the holiday break.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'I'm thrilled. Gavin Newsom is doing a very smart thing and a very positive thing. It will continue to show people that the death penalty is neither necessary nor is it doing us any good.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Mike Farrell, actor/activist, Death Penalty Focus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Nationally, \u003ca href=\"https://deathpenaltyinfo.org/facts-and-research/dpic-reports/dpic-year-end-reports/the-death-penalty-in-2022-year-end-report\">five-year averages of executions and new death sentences in America have hit decade lows\u003c/a>, according to the recently published annual report by the nonpartisan and nonprofit Death Penalty Information Center.\u003c/p>\n\u003cp>Gallup polling shows \u003ca href=\"https://news.gallup.com/poll/404975/steady-americans-support-death-penalty-murderers.aspx\">a majority 55% of Americans are in favor of the death penalty for people convicted of murder\u003c/a>. But that's in stark contrast to the consistent 60% to 80% support recorded between 1976 and 2016, Gallup data shows.\u003c/p>\n\u003cp>In California, Sandra Friend says it's outrageous that killers like Rhoades may \"get rewarded,\" as she puts it, with expanded work options, even a cellmate.\u003c/p>\n\u003cp>\"For him to be able to leave death row and go into a cushier prison, having maybe possibly a cellie, having a job, is terrifying because he is the worst of the worst. He is a monster,\" she says.\u003c/p>\n\u003cp>State officials underscore that transfers of people on death row and their housing will depend on the specific facts of each incarcerated person.\u003c/p>\n\u003cp>\"Their housing would depend on their individual case factors, and it's what the multidisciplinary teams will be evaluating,\" says CDCR spokesperson Vicky Waters.\u003c/p>\n\u003cp>But Friend and other victims' families worry that simply allowing people on death row to mingle with other incarcerated people who will eventually be released is dangerous.\u003c/p>\n\u003cp>\"Just to think about [Rhoades] interacting with other inmates and having the opportunity to teach those skills and those methods of keeping, you know, under the radar is terrifying,\" Friend says. \"He is a great threat to our society, our children.\"\u003c/p>\n\u003cp>The state hopes to permanently empty California's death row by this fall, a CDCR official says.\u003c/p>\n\u003cp>Friend vows to fight the effort. A public hearing on the issue is scheduled in Sacramento for March 8.\u003c/p>\n\u003cp>\"I'm definitely going to make Michael's voice heard,\" she says, \"because he's the one that is getting lost in all of this.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11938061/california-will-dismantle-death-row-some-cheer-but-others-are-outraged","authors":["byline_news_11938061"],"categories":["news_6188","news_8"],"tags":["news_32300","news_20126","news_1629","news_18282","news_25015"],"affiliates":["news_253"],"featImg":"news_11938140","label":"news_253"},"news_11903391":{"type":"posts","id":"news_11903391","meta":{"index":"posts_1591205157","site":"news","id":"11903391","score":null,"sort":[1643655607000]},"guestAuthors":[],"slug":"california-moves-to-dismantle-death-row-at-san-quentin","title":"California Moves to Dismantle Death Row at San Quentin","publishDate":1643655607,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Gov. Gavin Newsom, who three years ago placed a moratorium on executions, now is moving to dismantle the United States’ largest death row by moving all condemned inmates to other prisons within two years.\u003c/p>\n\u003cp>The goal is to turn the section at San Quentin State Prison into a “positive, healing environment.” Newsom said Monday it’s an outgrowth of his opposition to what he believes is a deeply flawed system, one that “gets my blood boiling.”\u003c/p>\n\u003cp>“The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,” he said. “We talk about justice, we preach justice, but as a nation, we don’t practice it on death row.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Gov. Gavin Newsom\"]'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence.'[/pullquote]California, which last carried out an execution in 2006, is one of 28 states that maintain death rows, along with the U.S. government, according to the Death Penalty Information Center.\u003c/p>\n\u003cp>While other states like Illinois have abolished executions, California is merging its condemned inmates into the general prison population with no expectation that any will face execution anytime in the near future.\u003c/p>\n\u003cp>“We are starting the process of closing death row to repurpose and transform the current housing units into something innovative and anchored in rehabilitation,” California Department of Corrections and Rehabilitation spokesperson Vicky Waters told The Associated Press.\u003c/p>\n\u003cp>Oregon similarly transferred its much smaller condemned population to other inmate housing two years ago.\u003c/p>\n\u003cp>Newsom imposed a moratorium on executions in 2019 and shut down the state’s execution chamber at San Quentin, north of San Francisco. Now his administration is turning on its head a 2016 voter-approved initiative intended to expedite executions by capitalizing on one provision that allows inmates to be moved off death row.\u003c/p>\n\u003cp>“The underlying motive of the administration is to mainstream as many of these condemned murderers as possible,” said Michael Rushford, president of the Criminal Justice Legal Foundation, which backed the initiative. “Our objective was to speed up the process.”\u003c/p>\n\u003cp>He added he doesn’t think victims are happy with the administration’s decision.\u003c/p>\n\u003cp>“They’re moving condemned murderers into facilities that are going to make their lives better and offer them more amenities, while the victims still mourn the death of their family member,” Rushford said.\u003cbr>\n[ad fullwidth]\u003cbr>\nNewsom said voters approved the move, though he doubts many understood the provision.\u003c/p>\n\u003cp>“When they affirmed the death penalty, they also affirmed a responsibility ... to actually move that population on death row out and to get them working,” Newsom said.\u003c/p>\n\u003cp>Newsom is “pouring more salt on the wounds of the victims,” countered Crime Victims United president Nina Salarno. “He’s usurping the law.’”\u003c/p>\n\u003cp>Actor Mike Farrell, president of the group Death Penalty Focus, which opposes the death penalty, said he is thrilled with the idea but concerned by transfers he said could turn condemned inmates into “very ripe targets” for other prisoners.\u003c/p>\n\u003cp>“We’re talking about people who have been in a specific kind of isolation for decades,” living with the prospect of execution, Farrell said. “To simply move them without very serious consideration of their needs, their personal issues, their psychological state and their safety would be a hideous mistake.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Mike Farrell, actor and president, Death Penalty Focus\"]'We're talking about people who have been in a specific kind of isolation for decades.'[/pullquote]Corrections officials began a voluntary two-year pilot program in January 2020 that as of Friday had moved 116 of the state’s 673 condemned male inmates to one of seven other prisons that have maximum security facilities and are surrounded by lethal electrified fences.\u003c/p>\n\u003cp>They intend to submit permanent proposed regulations within weeks that would make the transfers mandatory and “allow for the repurposing of all death row housing units,” Waters said.\u003c/p>\n\u003cp>The ballot measure approved six years ago also required condemned inmates to participate in prison jobs, with 70% of the money going to restitution for their victims, and corrections officials said that’s their goal with the transfers. By the end of last year, more than $49,000 in restitution had been collected under the pilot program.\u003c/p>\n\u003cp>Newsom’s proposed budget for the fiscal year starting July 1 seeks $1.5 million to find new uses for the vacant condemned housing.\u003c/p>\n\u003cp>[aside postID=\"news_11900595\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS44233_GettyImages-1253314486-qut-1020x664.jpg\"]It notes that death row and its supporting activities are in the same area as facilities used for rehabilitation programs for medium-security San Quentin inmates. The money would be used to hire a consultant to “develop options for [the] space focused on creating a positive, healing environment to provide increased rehabilitative, educational and health care opportunities.”\u003c/p>\n\u003cp>San Quentin’s never-used $853,000 execution chamber is in a separate area of the prison, and there are no plans to “repurpose” that area, Waters said.\u003c/p>\n\u003cp>California voters supported the death penalty in 2012 and 2016. An advisory panel to Newsom and lawmakers, the Committee on Revision of the Penal Code, in November became the latest to recommend repealing the death penalty, calling it “beyond repair.”\u003c/p>\n\u003cp>Under the state’s transfer program, condemned inmates moved to other prisons can be housed in solitary or disciplinary confinement if officials decide they cannot be safely housed with others, although they are supposed to be interspersed with other inmates. Inmates on death row are housed one to a cell, but the transferred inmates can be housed with others if it’s deemed safe.\u003c/p>\n\u003cp>“There have been no safety concerns, and no major disciplinary issues have occurred,” Waters said.\u003c/p>\n\u003cp>[aside label ='Related Coverage' tag='gavin-newsom']When it comes to jobs and other rehabilitation activities, condemned inmates outside death row are treated similarly to inmates serving sentences of life without parole. That includes a variety of jobs such as maintenance and administrative duties, according to prison officials.\u003c/p>\n\u003cp>The condemned inmates are counted more often and are constantly supervised during activities, officials said.\u003c/p>\n\u003cp>Before they are moved, they are “carefully screened to determine whether they can safely participate in the program,” according to the department. That includes things like each inmate’s security level; medical, psychiatric and other needs; their behavior; safety concerns and notoriety.\u003c/p>\n\u003cp>Female condemned inmates are housed at the Central California Women’s Facility in Chowchilla. They can transfer to less restrictive housing within the same prison, and eight of the 21 have done so.\u003cbr>\n[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"State officials announced on Monday their intention to dismantle the death row at San Quentin, the largest in the United States, by moving all condemned inmates to other prisons.","status":"publish","parent":0,"modified":1643672105,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1173},"headData":{"title":"California Moves to Dismantle Death Row at San Quentin | KQED","description":"State officials announced on Monday their intention to dismantle the death row at San Quentin, the largest in the United States, by moving all condemned inmates to other prisons.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Moves to Dismantle Death Row at San Quentin","datePublished":"2022-01-31T19:00:07.000Z","dateModified":"2022-01-31T23:35:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11903391 https://ww2.kqed.org/news/?p=11903391","disqusUrl":"https://ww2.kqed.org/news/2022/01/31/california-moves-to-dismantle-death-row-at-san-quentin/","disqusTitle":"California Moves to Dismantle Death Row at San Quentin","nprByline":"Don Thompson \u003cbr> The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11903391/california-moves-to-dismantle-death-row-at-san-quentin","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom, who three years ago placed a moratorium on executions, now is moving to dismantle the United States’ largest death row by moving all condemned inmates to other prisons within two years.\u003c/p>\n\u003cp>The goal is to turn the section at San Quentin State Prison into a “positive, healing environment.” Newsom said Monday it’s an outgrowth of his opposition to what he believes is a deeply flawed system, one that “gets my blood boiling.”\u003c/p>\n\u003cp>“The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence,” he said. “We talk about justice, we preach justice, but as a nation, we don’t practice it on death row.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The prospect of your ending up on death row has more to do with your wealth and race than it does your guilt or innocence.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>California, which last carried out an execution in 2006, is one of 28 states that maintain death rows, along with the U.S. government, according to the Death Penalty Information Center.\u003c/p>\n\u003cp>While other states like Illinois have abolished executions, California is merging its condemned inmates into the general prison population with no expectation that any will face execution anytime in the near future.\u003c/p>\n\u003cp>“We are starting the process of closing death row to repurpose and transform the current housing units into something innovative and anchored in rehabilitation,” California Department of Corrections and Rehabilitation spokesperson Vicky Waters told The Associated Press.\u003c/p>\n\u003cp>Oregon similarly transferred its much smaller condemned population to other inmate housing two years ago.\u003c/p>\n\u003cp>Newsom imposed a moratorium on executions in 2019 and shut down the state’s execution chamber at San Quentin, north of San Francisco. Now his administration is turning on its head a 2016 voter-approved initiative intended to expedite executions by capitalizing on one provision that allows inmates to be moved off death row.\u003c/p>\n\u003cp>“The underlying motive of the administration is to mainstream as many of these condemned murderers as possible,” said Michael Rushford, president of the Criminal Justice Legal Foundation, which backed the initiative. “Our objective was to speed up the process.”\u003c/p>\n\u003cp>He added he doesn’t think victims are happy with the administration’s decision.\u003c/p>\n\u003cp>“They’re moving condemned murderers into facilities that are going to make their lives better and offer them more amenities, while the victims still mourn the death of their family member,” Rushford said.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nNewsom said voters approved the move, though he doubts many understood the provision.\u003c/p>\n\u003cp>“When they affirmed the death penalty, they also affirmed a responsibility ... to actually move that population on death row out and to get them working,” Newsom said.\u003c/p>\n\u003cp>Newsom is “pouring more salt on the wounds of the victims,” countered Crime Victims United president Nina Salarno. “He’s usurping the law.’”\u003c/p>\n\u003cp>Actor Mike Farrell, president of the group Death Penalty Focus, which opposes the death penalty, said he is thrilled with the idea but concerned by transfers he said could turn condemned inmates into “very ripe targets” for other prisoners.\u003c/p>\n\u003cp>“We’re talking about people who have been in a specific kind of isolation for decades,” living with the prospect of execution, Farrell said. “To simply move them without very serious consideration of their needs, their personal issues, their psychological state and their safety would be a hideous mistake.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We're talking about people who have been in a specific kind of isolation for decades.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Mike Farrell, actor and president, Death Penalty Focus","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Corrections officials began a voluntary two-year pilot program in January 2020 that as of Friday had moved 116 of the state’s 673 condemned male inmates to one of seven other prisons that have maximum security facilities and are surrounded by lethal electrified fences.\u003c/p>\n\u003cp>They intend to submit permanent proposed regulations within weeks that would make the transfers mandatory and “allow for the repurposing of all death row housing units,” Waters said.\u003c/p>\n\u003cp>The ballot measure approved six years ago also required condemned inmates to participate in prison jobs, with 70% of the money going to restitution for their victims, and corrections officials said that’s their goal with the transfers. By the end of last year, more than $49,000 in restitution had been collected under the pilot program.\u003c/p>\n\u003cp>Newsom’s proposed budget for the fiscal year starting July 1 seeks $1.5 million to find new uses for the vacant condemned housing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11900595","hero":"https://ww2.kqed.org/app/uploads/sites/10/2021/10/RS44233_GettyImages-1253314486-qut-1020x664.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>It notes that death row and its supporting activities are in the same area as facilities used for rehabilitation programs for medium-security San Quentin inmates. The money would be used to hire a consultant to “develop options for [the] space focused on creating a positive, healing environment to provide increased rehabilitative, educational and health care opportunities.”\u003c/p>\n\u003cp>San Quentin’s never-used $853,000 execution chamber is in a separate area of the prison, and there are no plans to “repurpose” that area, Waters said.\u003c/p>\n\u003cp>California voters supported the death penalty in 2012 and 2016. An advisory panel to Newsom and lawmakers, the Committee on Revision of the Penal Code, in November became the latest to recommend repealing the death penalty, calling it “beyond repair.”\u003c/p>\n\u003cp>Under the state’s transfer program, condemned inmates moved to other prisons can be housed in solitary or disciplinary confinement if officials decide they cannot be safely housed with others, although they are supposed to be interspersed with other inmates. Inmates on death row are housed one to a cell, but the transferred inmates can be housed with others if it’s deemed safe.\u003c/p>\n\u003cp>“There have been no safety concerns, and no major disciplinary issues have occurred,” Waters said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"gavin-newsom"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>When it comes to jobs and other rehabilitation activities, condemned inmates outside death row are treated similarly to inmates serving sentences of life without parole. That includes a variety of jobs such as maintenance and administrative duties, according to prison officials.\u003c/p>\n\u003cp>The condemned inmates are counted more often and are constantly supervised during activities, officials said.\u003c/p>\n\u003cp>Before they are moved, they are “carefully screened to determine whether they can safely participate in the program,” according to the department. That includes things like each inmate’s security level; medical, psychiatric and other needs; their behavior; safety concerns and notoriety.\u003c/p>\n\u003cp>Female condemned inmates are housed at the Central California Women’s Facility in Chowchilla. They can transfer to less restrictive housing within the same prison, and eight of the 21 have done so.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11903391/california-moves-to-dismantle-death-row-at-san-quentin","authors":["byline_news_11903391"],"categories":["news_6188","news_28250","news_8"],"tags":["news_616","news_20126","news_17725","news_22276","news_18282","news_18972","news_19954","news_3729","news_3930","news_486","news_23"],"featImg":"news_11875997","label":"news"},"news_11763452":{"type":"posts","id":"news_11763452","meta":{"index":"posts_1591205157","site":"news","id":"11763452","score":null,"sort":[1564094987000]},"guestAuthors":[],"slug":"new-life-for-death-penalty","title":"New Life for Death Penalty","publishDate":1564094987,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>U.S. Attorney General William Barr is \u003ca href=\"http://bit.ly/fioreexecution\" target=\"_blank\" rel=\"noopener\">reviving the federal death penalty\u003c/a> and ordered the Federal Bureau of Prisons to schedule five executions.\u003c/p>\n\u003cp>The federal government hasn't carried out an execution in 16 years.\u003c/p>\n\u003cp>The nation's zeal for executions is not what it once was, and the Obama administration came close to \u003ca href=\"https://www.nytimes.com/2015/04/30/us/white-house-balks-on-ending-death-penalty.html?module=inline\" target=\"_blank\" rel=\"noopener\">issuing a moratorium\u003c/a>.\u003c/p>\n\u003cp>And as we all know, if it was something President Obama did — President Trump and his administration like to do the opposite.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"U.S. Attorney General William Barr is reviving the federal death penalty and ordered the Federal Bureau of Prisons to schedule five executions.","status":"publish","parent":0,"modified":1564097253,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":82},"headData":{"title":"New Life for Death Penalty | KQED","description":"U.S. Attorney General William Barr is reviving the federal death penalty and ordered the Federal Bureau of Prisons to schedule five executions.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New Life for Death Penalty","datePublished":"2019-07-25T22:49:47.000Z","dateModified":"2019-07-25T23:27:33.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11763452 https://ww2.kqed.org/news/?p=11763452","disqusUrl":"https://ww2.kqed.org/news/2019/07/25/new-life-for-death-penalty/","disqusTitle":"New Life for Death Penalty","path":"/news/11763452/new-life-for-death-penalty","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>U.S. Attorney General William Barr is \u003ca href=\"http://bit.ly/fioreexecution\" target=\"_blank\" rel=\"noopener\">reviving the federal death penalty\u003c/a> and ordered the Federal Bureau of Prisons to schedule five executions.\u003c/p>\n\u003cp>The federal government hasn't carried out an execution in 16 years.\u003c/p>\n\u003cp>The nation's zeal for executions is not what it once was, and the Obama administration came close to \u003ca href=\"https://www.nytimes.com/2015/04/30/us/white-house-balks-on-ending-death-penalty.html?module=inline\" target=\"_blank\" rel=\"noopener\">issuing a moratorium\u003c/a>.\u003c/p>\n\u003cp>And as we all know, if it was something President Obama did — President Trump and his administration like to do the opposite.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11763452/new-life-for-death-penalty","authors":["3236"],"series":["news_18515"],"categories":["news_8"],"tags":["news_25304","news_20126","news_18282","news_20949","news_20058"],"featImg":"news_11763458","label":"news_18515"},"news_11763368":{"type":"posts","id":"news_11763368","meta":{"index":"posts_1591205157","site":"news","id":"11763368","score":null,"sort":[1564073604000]},"guestAuthors":[],"slug":"federal-government-to-resume-capital-punishment-after-nearly-20-year-hiatus","title":"Federal Government to Resume Capital Punishment After Nearly 20-Year Hiatus","publishDate":1564073604,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>The U.S. government is poised to carry out the death penalty for the first time in nearly two decades, the Justice Department announced Thursday.\u003c/p>\n\u003cp>U.S. Attorney General William Barr has instructed the Federal Bureau of Prisons to change the federal execution protocol to include capital punishment, the Justice Department said.\u003c/p>\n\u003cp>Barr also asked the prisons bureau to schedule the executions of five inmates who were found guilty of murder. According to the DOJ, the victims in each case included children and the elderly. In some of the cases, the convicted murderers also tortured and raped their victims.\u003c/p>\n\u003cp>[aside tag='death-penalty' label='The Death Penalty in California'] \"The Justice Department upholds the rule of law — and we owe it to the victims and their families to carry forward the sentence imposed by our justice system,\" Barr said in a statement.\u003c/p>\n\u003cp>The federal execution protocol had previously utilized a three-drug cocktail; the DOJ says that it will now use just one drug, pentobarbital.\u003c/p>\n\u003cp>And as NPR Justice Correspondent Carrie Johnson reports, one reason the U.S. government has not carried out executions since 2003 was because of problems obtaining the previous three-drug protocol. \"There have been shortages for at least one of those drugs,\" she adds, and that scarcity has made it difficult for the federal system to actually carry out death sentences.\u003c/p>\n\u003cp>Barr says federal courts have upheld using pentobarbital alone in execution as consistent with the Eighth Amendment, which prohibits cruel and unusual punishment. Other combinations of drugs have faced significant legal challenges.\u003c/p>\n\u003cp>The first of the federal executions is scheduled to take place on Dec. 9. Daniel Lewis Lee was found guilty of murdering three members of a family, including an 8-year-old child. According to the DOJ, Lee is a member of a white supremacist group, and he was convicted by a jury at a federal court in Arkansas in 1999.\u003c/p>\n\u003cp>In the past 10 years, at least five states — New Mexico, Illinois, Connecticut, Maryland and New Hampshire — have abolished the death penalty, according to the \u003ca href=\"http://www.ncsl.org/research/civil-and-criminal-justice/death-penalty.aspx\">National Conference of State Legislatures\u003c/a>. And in March, California Gov. Gavin Newsom \u003ca href=\"https://www.npr.org/2019/03/12/702873258/gov-gavin-newsom-suspends-death-penalty-in-california\">put an executive moratorium\u003c/a> on his state's death penalty.\u003c/p>\n\u003cp>As of March 2019, there were 737 condemned inmates on California’s death row, the largest in the nation. Newsom's order prevented the state from putting them to death by granting temporary reprieves.\u003c/p>\n\u003cp>In two more states — Washington and Delaware — courts recently ruled that their capital punishment laws are unconstitutional.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"\"The Justice Department upholds the rule of law — and we owe it to the victims and their families to carry forward the sentence imposed by our justice system,\" Attorney General William Barr said.","status":"publish","parent":0,"modified":1564101328,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":436},"headData":{"title":"Federal Government to Resume Capital Punishment After Nearly 20-Year Hiatus | KQED","description":""The Justice Department upholds the rule of law — and we owe it to the victims and their families to carry forward the sentence imposed by our justice system," Attorney General William Barr said.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Government to Resume Capital Punishment After Nearly 20-Year Hiatus","datePublished":"2019-07-25T16:53:24.000Z","dateModified":"2019-07-26T00:35:28.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11763368 https://ww2.kqed.org/news/?p=11763368","disqusUrl":"https://ww2.kqed.org/news/2019/07/25/federal-government-to-resume-capital-punishment-after-nearly-20-year-hiatus/","disqusTitle":"Federal Government to Resume Capital Punishment After Nearly 20-Year Hiatus","nprImageCredit":"Patrick Semansky","nprByline":"Merrit Kennedy\u003cbr>NPR","nprImageAgency":"AP","nprStoryId":"745223284","nprApiLink":"http://api.npr.org/query?id=745223284&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2019/07/25/745223284/federal-government-to-resume-capital-punishment-after-nearly-20-year-hiatus?ft=nprml&f=745223284","nprRetrievedStory":"1","nprPubDate":"Thu, 25 Jul 2019 12:13:00 -0400","nprStoryDate":"Thu, 25 Jul 2019 11:05:00 -0400","nprLastModifiedDate":"Thu, 25 Jul 2019 12:13:54 -0400","path":"/news/11763368/federal-government-to-resume-capital-punishment-after-nearly-20-year-hiatus","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. government is poised to carry out the death penalty for the first time in nearly two decades, the Justice Department announced Thursday.\u003c/p>\n\u003cp>U.S. Attorney General William Barr has instructed the Federal Bureau of Prisons to change the federal execution protocol to include capital punishment, the Justice Department said.\u003c/p>\n\u003cp>Barr also asked the prisons bureau to schedule the executions of five inmates who were found guilty of murder. According to the DOJ, the victims in each case included children and the elderly. In some of the cases, the convicted murderers also tortured and raped their victims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"death-penalty","label":"The Death Penalty in California "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> \"The Justice Department upholds the rule of law — and we owe it to the victims and their families to carry forward the sentence imposed by our justice system,\" Barr said in a statement.\u003c/p>\n\u003cp>The federal execution protocol had previously utilized a three-drug cocktail; the DOJ says that it will now use just one drug, pentobarbital.\u003c/p>\n\u003cp>And as NPR Justice Correspondent Carrie Johnson reports, one reason the U.S. government has not carried out executions since 2003 was because of problems obtaining the previous three-drug protocol. \"There have been shortages for at least one of those drugs,\" she adds, and that scarcity has made it difficult for the federal system to actually carry out death sentences.\u003c/p>\n\u003cp>Barr says federal courts have upheld using pentobarbital alone in execution as consistent with the Eighth Amendment, which prohibits cruel and unusual punishment. Other combinations of drugs have faced significant legal challenges.\u003c/p>\n\u003cp>The first of the federal executions is scheduled to take place on Dec. 9. Daniel Lewis Lee was found guilty of murdering three members of a family, including an 8-year-old child. According to the DOJ, Lee is a member of a white supremacist group, and he was convicted by a jury at a federal court in Arkansas in 1999.\u003c/p>\n\u003cp>In the past 10 years, at least five states — New Mexico, Illinois, Connecticut, Maryland and New Hampshire — have abolished the death penalty, according to the \u003ca href=\"http://www.ncsl.org/research/civil-and-criminal-justice/death-penalty.aspx\">National Conference of State Legislatures\u003c/a>. And in March, California Gov. Gavin Newsom \u003ca href=\"https://www.npr.org/2019/03/12/702873258/gov-gavin-newsom-suspends-death-penalty-in-california\">put an executive moratorium\u003c/a> on his state's death penalty.\u003c/p>\n\u003cp>As of March 2019, there were 737 condemned inmates on California’s death row, the largest in the nation. Newsom's order prevented the state from putting them to death by granting temporary reprieves.\u003c/p>\n\u003cp>In two more states — Washington and Delaware — courts recently ruled that their capital punishment laws are unconstitutional.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Copyright 2019 NPR. To see more, visit https://www.npr.org.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11763368/federal-government-to-resume-capital-punishment-after-nearly-20-year-hiatus","authors":["byline_news_11763368"],"categories":["news_6188","news_8"],"tags":["news_25304","news_20126","news_18282","news_16","news_19954"],"affiliates":["news_253"],"featImg":"news_11763369","label":"news_253"},"news_11756139":{"type":"posts","id":"news_11756139","meta":{"index":"posts_1591205157","site":"news","id":"11756139","score":null,"sort":[1561446935000]},"guestAuthors":[],"slug":"sacramento-cops-death-raises-the-political-perils-of-capital-punishment","title":"Sacramento Cop's Death Raises the Political Perils of Capital Punishment","publishDate":1561446935,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Sacramento County District Attorney Anne Marie Schubert hasn't yet announced whether she'll seek the death penalty for the man \u003ca href=\"https://www.kqed.org/news/11756505/prosecutors-suspect-intentionally-killed-sacramento-police-officer\" rel=\"noopener\" target=\"_blank\">accused of killing\u003c/a> 26-year-old Sacramento police Officer Tara O'Sullivan last week, but the slaying is a reminder that the politics of capital punishment can be politically fraught — even in solidly Democratic California.\u003c/p>\n\u003cp>[aside label=\"The Death Penalty in California\" tag=\"death-penalty\"]\u003c/p>\n\u003cp>Since the 1960s, the politics of capital punishment have at times ensnared some of the state's most storied politicians, including Gov. Pat Brown (who at the urging of his son issued a temporary stay for death row inmate Caryl Chessman) and Gov. Jerry Brown. The younger Brown saw his appointment of anti-death-penalty judges, including Supreme Court Chief Justice Rose Bird, repudiated by voters after he completed his first two terms as governor. Jerry Brown's sister, Kathleen Brown, also struggled with her position on the death penalty, stumbling during her unsuccessful run for governor in 1994.\u003c/p>\n\u003cp>The question is, will Gov. Gavin Newsom, who issued a sweeping moratorium against executions in March, also pay a price for his opposition to the death penalty? Or, since he isn't on the ballot until 2022, will he be insulated from a backlash?\u003c/p>\n\u003cp>\"He really is very, very good at seeing where political opinion is going to be a half an election cycle or a cycle and a half away, positioning himself as the brave one because he took that step,\" said Loyola Law School professor Jessica Levinson, referring to Newsom's early support for same sex-marriage and the legalization of recreational marijuana.\u003c/p>\n\u003cp>\"It leaves the impression that it wasn’t popular at the time but he made the right decision anyway,\" Levinson added.\u003c/p>\n\u003cfigure id=\"attachment_11756901\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/06/SAC6-1020x574-1-800x450.jpg\" alt=\"Sacramento Police Officer Tara O'Sullivan was fatally shot on June 19, 2019 while responding to a domestic violence call.\" width=\"800\" height=\"450\" class=\"size-medium wp-image-11756901\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sacramento Police Officer Tara O'Sullivan was fatally shot on June 19, 2019 while responding to a domestic violence call. \u003ccite>(Courtesy of the Sacramento Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sacramento police Officer O'Sullivan was allegedly shot and killed by Adel Ramos as she responded to reports of a domestic disturbance at a North Sacramento home on June 19. Schubert, the Sacramento County district attorney, is a strong proponent of capital punishment and was critical of Newsom when he halted executions in California.\u003c/p>\n\u003cp>\"He essentially just kicked the victims to the curb,\" Schubert told KQED in April after the governor's decision.\u003c/p>\n\u003cp>She added, \"I'm also bothered that the promise was made by the governor in running\" that he would honor the will of voters, who had recently rejected a ballot measure to end capital punishment in California.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Michael Rushford, president of the Criminal Justice Legal Foundation in Sacramento, which supports the death penalty, thinks there could be a price to pay.\u003c/p>\n\u003cp>\"Newsom's not running again until 2022 and two years is a lifetime in politics,\" Rushford said. And yet he sees support for capital punishment remaining steady, at least for crimes like killing a police officer.\u003c/p>\n\u003cp>Referring to Kamala Harris's first run for California attorney general in 2010, Rushford thought her Republican opponent, Los Angeles County District Attorney Steve Cooley, could have won that election \"if he used her opposition to capital punishment to bludgeon her with. But he did not. That was the best thing going for him,\" Rushford said.\u003c/p>\n\u003cp>A recent \u003ca href=\"https://escholarship.org/uc/item/4z69m39g\" target=\"_blank\" rel=\"noopener\">poll\u003c/a> by Berkeley IGS found voters have very mixed feelings about the death penalty. While registered voters narrowly supported Newsom's ban on executions by 52-48%, a solid majority — 61% — oppose eliminating the death penalty altogether.\u003c/p>\n\u003cp>Berkeley IGS pollster Mark DiCamillo said while support for the death penalty has softened somewhat over time, Californians are inclined to keep the ultimate penalty for the worst crimes.\u003c/p>\n\u003cp>\"The very heinous crimes are the ones the public has in mind for these special circumstances,\" DiCamillo said. \"Cop killers would certainly be in that category.\"\u003c/p>\n\u003cfigure id=\"attachment_11732532\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg\" alt=\"Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010.\" width=\"800\" height=\"555\" class=\"size-medium wp-image-11732532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1020x708.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1200x833.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Newsom \u003ca href=\"https://www.kqed.org/news/11732605/gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power\" rel=\"noopener\" target=\"_blank\">ordered a moratorium on executions\u003c/a> in March, he argued that \"our death penalty system, by all measures, is a failure.\" He also cited ethical and fiscal issues that justified halting executions.\u003c/p>\n\u003cp>He won strong support from most fellow Democrats, including Assembly Speaker Anthony Rendon and Senate President pro Tempore Toni Atkins (D-San Diego), who applauded Newsom's \"courage and conviction\" in putting a halt to executions.\u003c/p>\n\u003cp>But not all Democrats agreed. Newly elected Orange County state Sen. Tom Umberg, a former prosecutor, was troubled by Newsom's decision.\u003c/p>\n\u003cp>\"There are some criminals who are so depraved, who have committed such heinous crimes in the eyes of the law and the public, and who are guilty without a doubt, that they deserve the ultimate punishment,\" Umberg said.\u003c/p>\n\u003cp>Republicans were also quick to pile on. A group of five Republican state senators introduced a resolution condemning Newsom's action — a symbolic move that's gone nowhere in a chamber dominated by Democrats.\u003c/p>\n\u003cp>At the same time Assemblyman Marc Levine (D-Marin) introduced a constitutional amendment, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200ACA12\" target=\"_blank\" rel=\"noopener\">ACA12\u003c/a>, to place before the voters yet again the question of whether to abolish the death penalty. The measure is in the Assembly Public Safety Committee, but there have been no hearings or votes and it will require two-thirds support in both chambers to make it to the ballot in 2020.\u003c/p>\n\u003cp>But pollster DiCamillo isn't sure the public is ready to eliminate the death penalty, even in a presidential year. \"It would also inject the death penalty into other races, including the presidential race,\" said DiCamillo.\u003c/p>\n\u003cp>\"It could be used as a wedge issue in congressional races,\" he said, adding that \"the death penalty might work against the interests of some Democrats to hold onto their seats in purple districts.\"\u003c/p>\n\u003cp>In 2016, 54% of voters rejected Proposition 62, which would have abolished the death penalty. And in the recent Berkeley IGS Poll, 53% of registered voters said they'd still oppose abolishing the death penalty and replacing it with a life sentence.\u003c/p>\n\u003cp>The long-term trend of opinion in California has been shifting against the death penalty. But the state is still very divided. The climate is shifting nationally as well, and many of the Democrats running for president say they oppose capital punishment, including Sen. Kamala Harris.\u003c/p>\n\u003cp>Taken together, it's unlikely that Newsom will pay the kind of price that cost Pat, Jerry and Kathleen Brown political support — or even the backlash Harris experienced after she declined to seek the death penalty for the killer of a San Francisco police officer in April 2004, just months into her tenure as San Francisco district attorney.\u003c/p>\n\u003cp>But the murder of a young police officer in Sacramento is a reminder of how quickly individual crimes can change the political atmosphere around the issues of policing and criminal justice.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The death penalty has complicated the political careers of California politicians.","status":"publish","parent":0,"modified":1561421532,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1146},"headData":{"title":"Sacramento Cop's Death Raises the Political Perils of Capital Punishment | KQED","description":"The death penalty has complicated the political careers of California politicians.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Sacramento Cop's Death Raises the Political Perils of Capital Punishment","datePublished":"2019-06-25T07:15:35.000Z","dateModified":"2019-06-25T00:12:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11756139 https://ww2.kqed.org/news/?p=11756139","disqusUrl":"https://ww2.kqed.org/news/2019/06/25/sacramento-cops-death-raises-the-political-perils-of-capital-punishment/","disqusTitle":"Sacramento Cop's Death Raises the Political Perils of Capital Punishment","path":"/news/11756139/sacramento-cops-death-raises-the-political-perils-of-capital-punishment","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento County District Attorney Anne Marie Schubert hasn't yet announced whether she'll seek the death penalty for the man \u003ca href=\"https://www.kqed.org/news/11756505/prosecutors-suspect-intentionally-killed-sacramento-police-officer\" rel=\"noopener\" target=\"_blank\">accused of killing\u003c/a> 26-year-old Sacramento police Officer Tara O'Sullivan last week, but the slaying is a reminder that the politics of capital punishment can be politically fraught — even in solidly Democratic California.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Death Penalty in California ","tag":"death-penalty"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Since the 1960s, the politics of capital punishment have at times ensnared some of the state's most storied politicians, including Gov. Pat Brown (who at the urging of his son issued a temporary stay for death row inmate Caryl Chessman) and Gov. Jerry Brown. The younger Brown saw his appointment of anti-death-penalty judges, including Supreme Court Chief Justice Rose Bird, repudiated by voters after he completed his first two terms as governor. Jerry Brown's sister, Kathleen Brown, also struggled with her position on the death penalty, stumbling during her unsuccessful run for governor in 1994.\u003c/p>\n\u003cp>The question is, will Gov. Gavin Newsom, who issued a sweeping moratorium against executions in March, also pay a price for his opposition to the death penalty? Or, since he isn't on the ballot until 2022, will he be insulated from a backlash?\u003c/p>\n\u003cp>\"He really is very, very good at seeing where political opinion is going to be a half an election cycle or a cycle and a half away, positioning himself as the brave one because he took that step,\" said Loyola Law School professor Jessica Levinson, referring to Newsom's early support for same sex-marriage and the legalization of recreational marijuana.\u003c/p>\n\u003cp>\"It leaves the impression that it wasn’t popular at the time but he made the right decision anyway,\" Levinson added.\u003c/p>\n\u003cfigure id=\"attachment_11756901\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/06/SAC6-1020x574-1-800x450.jpg\" alt=\"Sacramento Police Officer Tara O'Sullivan was fatally shot on June 19, 2019 while responding to a domestic violence call.\" width=\"800\" height=\"450\" class=\"size-medium wp-image-11756901\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1-160x90.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/06/SAC6-1020x574-1.jpg 1020w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Sacramento Police Officer Tara O'Sullivan was fatally shot on June 19, 2019 while responding to a domestic violence call. \u003ccite>(Courtesy of the Sacramento Police Department)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Sacramento police Officer O'Sullivan was allegedly shot and killed by Adel Ramos as she responded to reports of a domestic disturbance at a North Sacramento home on June 19. Schubert, the Sacramento County district attorney, is a strong proponent of capital punishment and was critical of Newsom when he halted executions in California.\u003c/p>\n\u003cp>\"He essentially just kicked the victims to the curb,\" Schubert told KQED in April after the governor's decision.\u003c/p>\n\u003cp>She added, \"I'm also bothered that the promise was made by the governor in running\" that he would honor the will of voters, who had recently rejected a ballot measure to end capital punishment in California.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Michael Rushford, president of the Criminal Justice Legal Foundation in Sacramento, which supports the death penalty, thinks there could be a price to pay.\u003c/p>\n\u003cp>\"Newsom's not running again until 2022 and two years is a lifetime in politics,\" Rushford said. And yet he sees support for capital punishment remaining steady, at least for crimes like killing a police officer.\u003c/p>\n\u003cp>Referring to Kamala Harris's first run for California attorney general in 2010, Rushford thought her Republican opponent, Los Angeles County District Attorney Steve Cooley, could have won that election \"if he used her opposition to capital punishment to bludgeon her with. But he did not. That was the best thing going for him,\" Rushford said.\u003c/p>\n\u003cp>A recent \u003ca href=\"https://escholarship.org/uc/item/4z69m39g\" target=\"_blank\" rel=\"noopener\">poll\u003c/a> by Berkeley IGS found voters have very mixed feelings about the death penalty. While registered voters narrowly supported Newsom's ban on executions by 52-48%, a solid majority — 61% — oppose eliminating the death penalty altogether.\u003c/p>\n\u003cp>Berkeley IGS pollster Mark DiCamillo said while support for the death penalty has softened somewhat over time, Californians are inclined to keep the ultimate penalty for the worst crimes.\u003c/p>\n\u003cp>\"The very heinous crimes are the ones the public has in mind for these special circumstances,\" DiCamillo said. \"Cop killers would certainly be in that category.\"\u003c/p>\n\u003cfigure id=\"attachment_11732532\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg\" alt=\"Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010.\" width=\"800\" height=\"555\" class=\"size-medium wp-image-11732532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1020x708.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1200x833.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When Newsom \u003ca href=\"https://www.kqed.org/news/11732605/gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power\" rel=\"noopener\" target=\"_blank\">ordered a moratorium on executions\u003c/a> in March, he argued that \"our death penalty system, by all measures, is a failure.\" He also cited ethical and fiscal issues that justified halting executions.\u003c/p>\n\u003cp>He won strong support from most fellow Democrats, including Assembly Speaker Anthony Rendon and Senate President pro Tempore Toni Atkins (D-San Diego), who applauded Newsom's \"courage and conviction\" in putting a halt to executions.\u003c/p>\n\u003cp>But not all Democrats agreed. Newly elected Orange County state Sen. Tom Umberg, a former prosecutor, was troubled by Newsom's decision.\u003c/p>\n\u003cp>\"There are some criminals who are so depraved, who have committed such heinous crimes in the eyes of the law and the public, and who are guilty without a doubt, that they deserve the ultimate punishment,\" Umberg said.\u003c/p>\n\u003cp>Republicans were also quick to pile on. A group of five Republican state senators introduced a resolution condemning Newsom's action — a symbolic move that's gone nowhere in a chamber dominated by Democrats.\u003c/p>\n\u003cp>At the same time Assemblyman Marc Levine (D-Marin) introduced a constitutional amendment, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200ACA12\" target=\"_blank\" rel=\"noopener\">ACA12\u003c/a>, to place before the voters yet again the question of whether to abolish the death penalty. The measure is in the Assembly Public Safety Committee, but there have been no hearings or votes and it will require two-thirds support in both chambers to make it to the ballot in 2020.\u003c/p>\n\u003cp>But pollster DiCamillo isn't sure the public is ready to eliminate the death penalty, even in a presidential year. \"It would also inject the death penalty into other races, including the presidential race,\" said DiCamillo.\u003c/p>\n\u003cp>\"It could be used as a wedge issue in congressional races,\" he said, adding that \"the death penalty might work against the interests of some Democrats to hold onto their seats in purple districts.\"\u003c/p>\n\u003cp>In 2016, 54% of voters rejected Proposition 62, which would have abolished the death penalty. And in the recent Berkeley IGS Poll, 53% of registered voters said they'd still oppose abolishing the death penalty and replacing it with a life sentence.\u003c/p>\n\u003cp>The long-term trend of opinion in California has been shifting against the death penalty. But the state is still very divided. The climate is shifting nationally as well, and many of the Democrats running for president say they oppose capital punishment, including Sen. Kamala Harris.\u003c/p>\n\u003cp>Taken together, it's unlikely that Newsom will pay the kind of price that cost Pat, Jerry and Kathleen Brown political support — or even the backlash Harris experienced after she declined to seek the death penalty for the killer of a San Francisco police officer in April 2004, just months into her tenure as San Francisco district attorney.\u003c/p>\n\u003cp>But the murder of a young police officer in Sacramento is a reminder of how quickly individual crimes can change the political atmosphere around the issues of policing and criminal justice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11756139/sacramento-cops-death-raises-the-political-perils-of-capital-punishment","authors":["255"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18282","news_116","news_26019","news_17041"],"featImg":"news_11756990","label":"news_72"},"news_11732605":{"type":"posts","id":"news_11732605","meta":{"index":"posts_1591205157","site":"news","id":"11732605","score":null,"sort":[1552498772000]},"guestAuthors":[],"slug":"gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power","title":"Gov. Newsom Halts Executions; Opponents Call Move an Abuse of Power","publishDate":1552498772,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Gavin Newsom signed an executive order Wednesday halting executions in California, saying that the death penalty has been a costly failure that is unfairly applied to people of color and the mentally disabled.\u003c/p>\n\u003cp>[aside label=\"The Death Penalty in California\" tag=\"death-penalty\"]\u003c/p>\n\u003cp>The order grants a reprieve to the 737 inmates on California's death row, a move that seems likely to end the prospect of any executions during Newsom's term, but would allow the next governor to resume capital punishment. He also ordered the closure of the execution chamber at San Quentin State Prison and withdrew the lethal injection protocol — the legal regulatory framework setting out how to put a prisoner to death in California.\u003c/p>\n\u003cp>California hasn't carried out an execution in 13 years, but is close to resuming them. Twenty-five people on death row have exhausted their appeals, Newsom repeatedly said.\u003c/p>\n\u003cp>\"We are considering executing more people than any other state in modern history — to line up human beings, every day, for executions for two-plus years,\" he said. \"Premeditated, state-sponsored executions. ... I cannot sign off on executing hundreds and hundreds of human beings, knowing among them are people who are innocent.\"\u003c/p>\n\u003cp>[pullquote size=\"small\" align=\"right\" citation=\"Gov. Gavin Newsom\"]'We are considering executing more people than any other state in modern history — to line up human beings, every day, for executions for two-plus years. Premeditated, state-sponsored executions. ... I cannot sign off on executing hundreds and hundreds of human beings, knowing among them are people who are innocent.'[/pullquote]\u003c/p>\n\u003cp>Newsom struck a personal tone in those public remarks made shortly after he signed the order at the state Capitol. Flanked by Democratic lawmakers and other elected officials, he spoke about a family friend, Pete Pianezzi, who was convicted of murder and narrowly escaped the death penalty after just one juror opposed it. He was eventually pardoned after a mob hit man flipped and admitted that two other men had carried out the killings.\u003c/p>\n\u003cp>The governor also cited other personal experiences — seeing a man he went to high school with during a tour of death row, and knowing that a former foster brother spent time in San Quentin for crack cocaine dealing. He said those experiences and conversations with victims in recent days — along with the knowledge that the state would be resuming executions soon — led to his decision.\u003c/p>\n\u003cp>\"This has been a 40-year journey for me,\" he said, noting that he spoke with family members of victims on both sides of the issue. One told him that he had a responsibility to \"eradicate evil,\" she said, while another said that he had no right to take another life in the name of her daughter. He acknowledged that those messages were hard to square.\u003c/p>\n\u003cp>\"To the victims, all I can say is, we owe you and we need to do more and do better, more broadly for victims in this state ... but we cannot advance the death penalty in an effort to try to soften the blow of what happened,\" Newsom said.\u003c/p>\n\u003cp>https://youtu.be/qOr62pUZmXM?t=137\u003c/p>\n\u003cp>The move was met with scorn from supporters of the death penalty, who called the blanket reprieves an abuse of power and questioned whether Newsom has the legal authority to withdraw the lethal injection protocol, which is set by the California Department of Corrections and Rehabilitation. But Democrats roundly praised the move, and before Newsom even signed the order, a group of two dozen lawmakers announced legislation to put the abolishment of the death penalty before voters in 2020.\u003c/p>\n\u003cp>Attorney General Xavier Becerra — who would be responsible for defending the governor's order if the state is sued — said Newsom's action \"represents a bold, new direction in California’s march toward perfecting our search for justice.\"\u003c/p>\n\u003cp>California voters have weighed in on the death penalty as recently as 2016, when they narrowly defeated a ballot measure to abolish capital punishment but approved a competing measure aimed at speeding up the death penalty in California. An execution has not been carried out in the state since January 2006, after a federal judge ruled that the lethal injection protocol at the time — a cocktail of three drugs — could lead to unconstitutional suffering.\u003c/p>\n\u003cp>[aside align=\"left\" postID=\"news_10833493\" label=\"Inside Death Row, Inmates Disagree on Capital Punishment\"]\u003c/p>\n\u003cp>It seems likely that someone will challenge Newsom's order in court.\u003c/p>\n\u003cp>Kent Scheidegger, legal director of the Criminal Justice Legal Foundation — a staunch defender of the death penalty — noted that voters have repeatedly upheld the punishment.\u003c/p>\n\u003cp>\"The use of the reprieve power to block the enforcement of a law that the people have voted on, that he simply disagrees with, is a gross abuse of that power,\" Scheidegger said. \"The constitution gives the governor the reprieve power to use where it's needed in individual cases, where there might be a problem with the case, but it's not the purpose of the power to block enforcement of duly enacted laws.\"\u003c/p>\n\u003cp>[pullquote size=\"small\" align=\"right\" citation=\"Kent Scheidegger, legal director of the Criminal Justice Legal Foundation\"]'The use of the reprieve power to block the enforcement of a law that the people have voted on, that he simply disagrees with, is a gross abuse of that power. The constitution gives the governor the reprieve power to use where it's needed in individual cases, where there might be a problem with the case, but it's not the purpose of the power to block enforcement of duly enacted laws.'[/pullquote]\u003c/p>\n\u003cp>Republican lawmakers also lambasted the governor. Assemblywoman Melissa Melendez, R-Lake Elsinore, charged that the governor \"clearly does not represent the majority of people in this state who want to see justice served for these heinous crimes.\" And state Sen, Jim Nielsen, a Republican representing Tehama who spent nearly two decades on the state's parole board, called the order \"an affront to our system of justice\" that betrays both victims and juries.\u003c/p>\n\u003cp>\"The governor has the authority to delay the implementation of the law, but his action is eroding faith of California voters in our democracy and our system of justice,\" he said.\u003c/p>\n\u003cp>Newsom responded during his press conference that while voters did uphold the law recently, they also elected him. And he called on the public to repeal the death penalty.\u003c/p>\n\u003cp>\"The people of California have entrusted me ... with the constitutional right to do what I am doing,\" he said. \"I have been crystal-clear about my opposition to the death penalty, I don't think this comes as a surprise. The constitution and the laws of this state afford me the right to do this. The law does not change. It will only change with voters or the Supreme Court.\"\u003c/p>\n\u003cp>And progressive Democrats, who run both houses of the Legislature, stood squarely with Newsom.\u003c/p>\n\u003cp>\"Practically speaking, we know that our justice system makes errors. It is a human process and humans make mistakes, especially in groups. But the death penalty is irreversible,\" Assembly Speaker Anthony Rendon said in a written statement. \"We have seen many cases of wrongful convictions reversed only after decades. The most convincing exonerating evidence will not bring back a person who has been executed. The costs of our broken capital punishment system — the financial costs — are also extensive and undeniable.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The order grants a reprieve to the 737 inmates on California's death row, a move that seems likely to end the prospect of any executions during Newsom's term, but would allow the next governor to resume capital punishment.","status":"publish","parent":0,"modified":1552522949,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":26,"wordCount":1242},"headData":{"title":"Gov. Newsom Halts Executions; Opponents Call Move an Abuse of Power | KQED","description":"The order grants a reprieve to the 737 inmates on California's death row, a move that seems likely to end the prospect of any executions during Newsom's term, but would allow the next governor to resume capital punishment.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Gov. Newsom Halts Executions; Opponents Call Move an Abuse of Power","datePublished":"2019-03-13T17:39:32.000Z","dateModified":"2019-03-14T00:22:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11732605 https://ww2.kqed.org/news/?p=11732605","disqusUrl":"https://ww2.kqed.org/news/2019/03/13/gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power/","disqusTitle":"Gov. Newsom Halts Executions; Opponents Call Move an Abuse of Power","audioTrackLength":254,"path":"/news/11732605/gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/03/LagosNewsomonDeathPenaltyChange.mp3","audioDuration":254000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom signed an executive order Wednesday halting executions in California, saying that the death penalty has been a costly failure that is unfairly applied to people of color and the mentally disabled.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Death Penalty in California ","tag":"death-penalty"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The order grants a reprieve to the 737 inmates on California's death row, a move that seems likely to end the prospect of any executions during Newsom's term, but would allow the next governor to resume capital punishment. He also ordered the closure of the execution chamber at San Quentin State Prison and withdrew the lethal injection protocol — the legal regulatory framework setting out how to put a prisoner to death in California.\u003c/p>\n\u003cp>California hasn't carried out an execution in 13 years, but is close to resuming them. Twenty-five people on death row have exhausted their appeals, Newsom repeatedly said.\u003c/p>\n\u003cp>\"We are considering executing more people than any other state in modern history — to line up human beings, every day, for executions for two-plus years,\" he said. \"Premeditated, state-sponsored executions. ... I cannot sign off on executing hundreds and hundreds of human beings, knowing among them are people who are innocent.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are considering executing more people than any other state in modern history — to line up human beings, every day, for executions for two-plus years. Premeditated, state-sponsored executions. ... I cannot sign off on executing hundreds and hundreds of human beings, knowing among them are people who are innocent.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Newsom struck a personal tone in those public remarks made shortly after he signed the order at the state Capitol. Flanked by Democratic lawmakers and other elected officials, he spoke about a family friend, Pete Pianezzi, who was convicted of murder and narrowly escaped the death penalty after just one juror opposed it. He was eventually pardoned after a mob hit man flipped and admitted that two other men had carried out the killings.\u003c/p>\n\u003cp>The governor also cited other personal experiences — seeing a man he went to high school with during a tour of death row, and knowing that a former foster brother spent time in San Quentin for crack cocaine dealing. He said those experiences and conversations with victims in recent days — along with the knowledge that the state would be resuming executions soon — led to his decision.\u003c/p>\n\u003cp>\"This has been a 40-year journey for me,\" he said, noting that he spoke with family members of victims on both sides of the issue. One told him that he had a responsibility to \"eradicate evil,\" she said, while another said that he had no right to take another life in the name of her daughter. He acknowledged that those messages were hard to square.\u003c/p>\n\u003cp>\"To the victims, all I can say is, we owe you and we need to do more and do better, more broadly for victims in this state ... but we cannot advance the death penalty in an effort to try to soften the blow of what happened,\" Newsom said.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/qOr62pUZmXM'\n title='//www.youtube.com/embed/qOr62pUZmXM'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>The move was met with scorn from supporters of the death penalty, who called the blanket reprieves an abuse of power and questioned whether Newsom has the legal authority to withdraw the lethal injection protocol, which is set by the California Department of Corrections and Rehabilitation. But Democrats roundly praised the move, and before Newsom even signed the order, a group of two dozen lawmakers announced legislation to put the abolishment of the death penalty before voters in 2020.\u003c/p>\n\u003cp>Attorney General Xavier Becerra — who would be responsible for defending the governor's order if the state is sued — said Newsom's action \"represents a bold, new direction in California’s march toward perfecting our search for justice.\"\u003c/p>\n\u003cp>California voters have weighed in on the death penalty as recently as 2016, when they narrowly defeated a ballot measure to abolish capital punishment but approved a competing measure aimed at speeding up the death penalty in California. An execution has not been carried out in the state since January 2006, after a federal judge ruled that the lethal injection protocol at the time — a cocktail of three drugs — could lead to unconstitutional suffering.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"align":"left","postid":"news_10833493","label":"Inside Death Row, Inmates Disagree on Capital Punishment "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>It seems likely that someone will challenge Newsom's order in court.\u003c/p>\n\u003cp>Kent Scheidegger, legal director of the Criminal Justice Legal Foundation — a staunch defender of the death penalty — noted that voters have repeatedly upheld the punishment.\u003c/p>\n\u003cp>\"The use of the reprieve power to block the enforcement of a law that the people have voted on, that he simply disagrees with, is a gross abuse of that power,\" Scheidegger said. \"The constitution gives the governor the reprieve power to use where it's needed in individual cases, where there might be a problem with the case, but it's not the purpose of the power to block enforcement of duly enacted laws.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'The use of the reprieve power to block the enforcement of a law that the people have voted on, that he simply disagrees with, is a gross abuse of that power. The constitution gives the governor the reprieve power to use where it's needed in individual cases, where there might be a problem with the case, but it's not the purpose of the power to block enforcement of duly enacted laws.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Kent Scheidegger, legal director of the Criminal Justice Legal Foundation","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Republican lawmakers also lambasted the governor. Assemblywoman Melissa Melendez, R-Lake Elsinore, charged that the governor \"clearly does not represent the majority of people in this state who want to see justice served for these heinous crimes.\" And state Sen, Jim Nielsen, a Republican representing Tehama who spent nearly two decades on the state's parole board, called the order \"an affront to our system of justice\" that betrays both victims and juries.\u003c/p>\n\u003cp>\"The governor has the authority to delay the implementation of the law, but his action is eroding faith of California voters in our democracy and our system of justice,\" he said.\u003c/p>\n\u003cp>Newsom responded during his press conference that while voters did uphold the law recently, they also elected him. And he called on the public to repeal the death penalty.\u003c/p>\n\u003cp>\"The people of California have entrusted me ... with the constitutional right to do what I am doing,\" he said. \"I have been crystal-clear about my opposition to the death penalty, I don't think this comes as a surprise. The constitution and the laws of this state afford me the right to do this. The law does not change. It will only change with voters or the Supreme Court.\"\u003c/p>\n\u003cp>And progressive Democrats, who run both houses of the Legislature, stood squarely with Newsom.\u003c/p>\n\u003cp>\"Practically speaking, we know that our justice system makes errors. It is a human process and humans make mistakes, especially in groups. But the death penalty is irreversible,\" Assembly Speaker Anthony Rendon said in a written statement. \"We have seen many cases of wrongful convictions reversed only after decades. The most convincing exonerating evidence will not bring back a person who has been executed. The costs of our broken capital punishment system — the financial costs — are also extensive and undeniable.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11732605/gov-newsom-halts-executions-opponents-call-move-an-abuse-of-power","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_18282","news_19542","news_16"],"featImg":"news_11732643","label":"news_72"},"news_11732471":{"type":"posts","id":"news_11732471","meta":{"index":"posts_1591205157","site":"news","id":"11732471","score":null,"sort":[1552444979000]},"guestAuthors":[],"slug":"gov-newsom-to-end-death-penalty-by-executive-order-political-fallout-likely","title":"Gov. Newsom to Suspend Death Penalty by Executive Order; Political Fallout Likely","publishDate":1552444979,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Gavin Newsom will sign a sweeping order on Wednesday putting an executive moratorium on California's troubled death penalty, thus ordering a reprieve for the 737 people on death row.\u003c/p>\n\u003cp>[aside label=\"The Death Penalty in California\" tag=\"death-penalty\"]\u003c/p>\n\u003cp>The action suspends any further executions in California as long as Newsom is governor, his office said. But only the voters can \u003cem>repeal\u003c/em> the death penalty, something they rejected narrowly three years ago.\u003c/p>\n\u003cp>The governor's office said Newsom's order will also immediately close the state's execution chamber at San Quentin Prison, but does not otherwise change any existing convictions or sentences — and will not lead to any death row inmates being released.\u003c/p>\n\u003cp>\"Our death penalty system has been — by any measure — a failure,\" Newsom said in a written statement. \"It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute, irreversible and irreparable in the event of a human error.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside align=\"left\" postID=\"news_10833493\" label=\"Inside Death Row, Inmates Disagree on Capital Punishment\"]\u003c/p>\n\u003cp>The executive order will also argue that capital punishment is inherently unfair — applied more often to people of color and those with a mental disability, according to an administration source.\u003c/p>\n\u003cp>An $853,000 upgrade of the execution chamber at San Quentin was completed in 2010, but it has never been used. The last execution in California occurred Jan. 17, 2006, when Clarence Ray Allen, 76, was put to death. No executions have been carried out since.\u003c/p>\n\u003cp>A court-ordered moratorium on executions has been in place since February 2006, when a federal judge declared that California's lethal injection protocol was unconstitutional. A new execution protocol is under review, but Newsom's order will withdraw it.\u003c/p>\n\u003cp>Public opinion in California on capital punishment has shifted dramatically in the past few decades, with increasing numbers of people preferring the option of life without the possibility of parole to the death penalty in most cases.\u003c/p>\n\u003cp>However, in 2012 and 2016, California voters rejected ballot measures to abolish the death penalty. As they narrowly rejected Proposition 62 three years ago, voters narrowly passed a competing measure, Proposition 66, to expedite executions by shortening the appeals process. The California Supreme Court rejected part of that measure, while keeping most of it intact.\u003c/p>\n\u003cfigure id=\"attachment_11732532\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11732532\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg\" alt=\"\" width=\"800\" height=\"555\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1020x708.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1200x833.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom's action on the death penalty will no doubt place him in the national spotlight. What might have seemed avant-garde decades ago isn't anymore: The governors of Colorado, Oregon and Washington state have issued moratoriums on executions in recent years.\u003c/p>\n\u003cp>Eighteen other states and the District of Columbia have abolished the death penalty.\u003c/p>\n\u003cp>[pullquote size=\"small\" align=”right” citation=\"Gov. Gavin Newsom\"]'Our death penalty system has been — by any measure — a failure. It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute, irreversible and irreparable in the event of a human error.'[/pullquote]\u003c/p>\n\u003cp>Nonetheless, Newsom's action is the latest indication of how California politics have changed around capital punishment.\u003c/p>\n\u003cp>In 1986, voters essentially recalled California Chief Justice Rose Bird and two associate Supreme Court justices appointed by former Gov. Jerry Brown over their opposition to the death penalty.\u003c/p>\n\u003cp>They were replaced by Brown's successor, Republican tough-on-crime Gov. George Deukmejian, a former attorney general who oversaw a vast expansion of California's prison system before he left the governor's office in 1991.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=JsSw0tjBEeM\u003c/p>\n\u003cp>In 1990, Dianne Feinstein ran for governor as a pro-death penalty Democrat, views that were booed at the state Democratic Convention that year. She won her party's nomination nonetheless, losing to Republican Pete Wilson in the general election later that year.\u003c/p>\n\u003cp>In 1998, Democratic gubernatorial candidate Gray Davis also ran as a supporter of capital punishment, easily crushing Republican Attorney General Dan Lungren in the general election.\u003c/p>\n\u003cp>But as the state's demographics have changed, so too have California's politics. In 2006, Jerry Brown was elected attorney general promising to uphold the state's death penalty, even though he personally opposed it. Four years later San Francisco District Attorney Kamala Harris, an ardent opponent of capital punishment, was narrowly elected attorney general.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Today, it's hard to find a mainstream Democrat in California who supports the death penalty. As for Newsom, highlighting the issue could elevate his national profile, but could also ignite a firestorm of protest by crime victim advocates, President Trump and others. That seems to be a risk he's willing, if not happy, to take.\u003c/p>\n\u003cfigure id=\"attachment_11732541\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11732541\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-800x544.jpg\" alt=\"\" width=\"800\" height=\"544\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-1020x693.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-1200x816.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An armed California Department of Corrections and Rehabilitation (CDCR) officer stands guard at San Quentin State Prison's death row on Aug. 15, 2016. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\n","blocks":[],"excerpt":"The governor's action means none of the 737 people on California's death row will be executed, at least as long as Newsom is governor.","status":"publish","parent":0,"modified":1552524099,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":839},"headData":{"title":"Gov. Newsom to Suspend Death Penalty by Executive Order; Political Fallout Likely | KQED","description":"The governor's action means none of the 737 people on California's death row will be executed, at least as long as Newsom is governor.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Gov. Newsom to Suspend Death Penalty by Executive Order; Political Fallout Likely","datePublished":"2019-03-13T02:42:59.000Z","dateModified":"2019-03-14T00:41:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11732471 https://ww2.kqed.org/news/?p=11732471","disqusUrl":"https://ww2.kqed.org/news/2019/03/12/gov-newsom-to-end-death-penalty-by-executive-order-political-fallout-likely/","disqusTitle":"Gov. Newsom to Suspend Death Penalty by Executive Order; Political Fallout Likely","path":"/news/11732471/gov-newsom-to-end-death-penalty-by-executive-order-political-fallout-likely","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom will sign a sweeping order on Wednesday putting an executive moratorium on California's troubled death penalty, thus ordering a reprieve for the 737 people on death row.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"The Death Penalty in California ","tag":"death-penalty"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The action suspends any further executions in California as long as Newsom is governor, his office said. But only the voters can \u003cem>repeal\u003c/em> the death penalty, something they rejected narrowly three years ago.\u003c/p>\n\u003cp>The governor's office said Newsom's order will also immediately close the state's execution chamber at San Quentin Prison, but does not otherwise change any existing convictions or sentences — and will not lead to any death row inmates being released.\u003c/p>\n\u003cp>\"Our death penalty system has been — by any measure — a failure,\" Newsom said in a written statement. \"It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute, irreversible and irreparable in the event of a human error.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"align":"left","postid":"news_10833493","label":"Inside Death Row, Inmates Disagree on Capital Punishment "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The executive order will also argue that capital punishment is inherently unfair — applied more often to people of color and those with a mental disability, according to an administration source.\u003c/p>\n\u003cp>An $853,000 upgrade of the execution chamber at San Quentin was completed in 2010, but it has never been used. The last execution in California occurred Jan. 17, 2006, when Clarence Ray Allen, 76, was put to death. No executions have been carried out since.\u003c/p>\n\u003cp>A court-ordered moratorium on executions has been in place since February 2006, when a federal judge declared that California's lethal injection protocol was unconstitutional. A new execution protocol is under review, but Newsom's order will withdraw it.\u003c/p>\n\u003cp>Public opinion in California on capital punishment has shifted dramatically in the past few decades, with increasing numbers of people preferring the option of life without the possibility of parole to the death penalty in most cases.\u003c/p>\n\u003cp>However, in 2012 and 2016, California voters rejected ballot measures to abolish the death penalty. As they narrowly rejected Proposition 62 three years ago, voters narrowly passed a competing measure, Proposition 66, to expedite executions by shortening the appeals process. The California Supreme Court rejected part of that measure, while keeping most of it intact.\u003c/p>\n\u003cfigure id=\"attachment_11732532\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11732532\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg\" alt=\"\" width=\"800\" height=\"555\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-800x555.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-160x111.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1020x708.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones-1200x833.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Chamber-Phones.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Phones line a wall of the lethal injection chamber at San Quentin State Prison, photographed in 2010. \u003ccite>(Scott Shafer/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Newsom's action on the death penalty will no doubt place him in the national spotlight. What might have seemed avant-garde decades ago isn't anymore: The governors of Colorado, Oregon and Washington state have issued moratoriums on executions in recent years.\u003c/p>\n\u003cp>Eighteen other states and the District of Columbia have abolished the death penalty.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Our death penalty system has been — by any measure — a failure. It has provided no public safety benefit or value as a deterrent. It has wasted billions of taxpayer dollars. But most of all, the death penalty is absolute, irreversible and irreparable in the event of a human error.'","name":"pullquote","attributes":{"named":{"size":"small","align":"”right”","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Nonetheless, Newsom's action is the latest indication of how California politics have changed around capital punishment.\u003c/p>\n\u003cp>In 1986, voters essentially recalled California Chief Justice Rose Bird and two associate Supreme Court justices appointed by former Gov. Jerry Brown over their opposition to the death penalty.\u003c/p>\n\u003cp>They were replaced by Brown's successor, Republican tough-on-crime Gov. George Deukmejian, a former attorney general who oversaw a vast expansion of California's prison system before he left the governor's office in 1991.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/JsSw0tjBEeM'\n title='//www.youtube.com/embed/JsSw0tjBEeM'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>In 1990, Dianne Feinstein ran for governor as a pro-death penalty Democrat, views that were booed at the state Democratic Convention that year. She won her party's nomination nonetheless, losing to Republican Pete Wilson in the general election later that year.\u003c/p>\n\u003cp>In 1998, Democratic gubernatorial candidate Gray Davis also ran as a supporter of capital punishment, easily crushing Republican Attorney General Dan Lungren in the general election.\u003c/p>\n\u003cp>But as the state's demographics have changed, so too have California's politics. In 2006, Jerry Brown was elected attorney general promising to uphold the state's death penalty, even though he personally opposed it. Four years later San Francisco District Attorney Kamala Harris, an ardent opponent of capital punishment, was narrowly elected attorney general.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Today, it's hard to find a mainstream Democrat in California who supports the death penalty. As for Newsom, highlighting the issue could elevate his national profile, but could also ignite a firestorm of protest by crime victim advocates, President Trump and others. That seems to be a risk he's willing, if not happy, to take.\u003c/p>\n\u003cfigure id=\"attachment_11732541\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11732541\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-800x544.jpg\" alt=\"\" width=\"800\" height=\"544\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-800x544.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-160x109.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-1020x693.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard-1200x816.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2019/03/San-Quentin-Death-Row-Guard.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An armed California Department of Corrections and Rehabilitation (CDCR) officer stands guard at San Quentin State Prison's death row on Aug. 15, 2016. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11732471/gov-newsom-to-end-death-penalty-by-executive-order-political-fallout-likely","authors":["255"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_20126","news_18282","news_19542","news_16"],"featImg":"news_11732531","label":"news_72"},"news_11613643":{"type":"posts","id":"news_11613643","meta":{"index":"posts_1591205157","site":"news","id":"11613643","score":null,"sort":[1503602861000]},"guestAuthors":[],"slug":"five-year-deadline-for-death-penalty-appeals-not-mandatory-california-supreme-court-rules","title":"Executions Could Come Sooner After California Supreme Court Ruling","publishDate":1503602861,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Proposition 66 was sold to voters as a surefire way to speed up the state's decades-long death penalty appeals process, but its ability to do that was cast into doubt Thursday after the California Supreme Court ruled that a five-year deadline imposed by the initiative is \"directive, not mandatory.\" In other words, it's a goal, not a hard deadline.\u003c/p>\n\u003cp>Still, the decision could clear the way for executions to resume in California, where no one has been put to death in over a decade and 18 of the more than 750 death row inmates already have exhausted their appeals.\u003c/p>\n\u003cp>The executions could resume because in its 5-2 decision, the court upheld most of the ballot measure, dismissing several of the arguments posed by opponents of the death penalty. But it upheld part of the challenge, writing that the five-year deadline on death penalty appeals in California is unrealistic and, if enforceable, would \"pose serious separation of power problems.\"\u003c/p>\n\u003cp>\"Case law establishes that ... the constitutional separation of powers does not permit statutory restrictions that would materially impair fair adjudication or unduly restrict the courts’ ability to administer justice in an orderly fashion,\" stated the majority, written by Justice Carol Corrigan.\u003c/p>\n\u003cp>She was joined by justices Kathryn Werdegar, Goodwin Liu, Leondra Kruger and Andrea Lynn Hoch.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Hoch sat in on the case after Chief Justice Tani Cantil-Sakauye and Justice Ming W. Chin removed themselves because the lawsuit named the state's Judicial Council as a defendant.\u003c/p>\n\u003cp>Both serve on the council, a policymaking body for the court system, which would have to make new rules to implement Proposition 66.\u003c/p>\n\u003cp>Proposition 66 was narrowly approved by California voters last fall, who at the same time rejected a measure to abolish the death penalty. While voters were told the measure would limit court appeals to five years, they were not told how that would occur, according to the state Supreme Court ruling.\u003c/p>\n\u003cp>The court leaves open the possibility that individual prisoners could challenge other parts of Proposition 66.\u003c/p>\n\u003cp>But Kent Scheidegger of the Criminal Justice Legal Foundation said he's pleased most of the ballot measure was upheld.\u003c/p>\n\u003cp>\"The voters voted for a broad reform with many changes to the capital review process, and that’s what they’re getting,\" Scheidegger said.\u003c/p>\n\u003cp>He said other parts of Proposition 66, including stricter limits on what can be appealed by death row inmates, will greatly reduce delays of executions.\u003c/p>\n\u003cp>\"We’ve cut back the third, fourth and fifth reviews inmates try to file by limiting them to claims of innocence,\" Scheidegger said. \"That’s an extremely important reform. I can’t overstate that. They have really bogged down the process by burying the case in paper on issues that had nothing to do with the guilt or innocence of the crime.\"\u003c/p>\n\u003cp>Justice Mariano-Florentino Cuéllar wrote a concurring and dissenting opinion arguing that the court should go further. \u003ca href=\"http://www.courts.ca.gov/3825.htm?print=1\">Justice Raymond J. Ikola\u003c/a>, who also sat in on the case because of the recusals, joined his opinion.\u003c/p>\n\u003cp>\"What reasonable voters would have clearly recognized ... is that Proposition 66 contained a genuine, enforceable, five-year deadline for completion of the state court appeal and resolution of the initial habeas corpus petition in death penalty cases. Candor requires us to be equally clear about whether such a deadline accords with our law: It does not,\" he wrote.\u003c/p>\n\u003cp>Christina Von der Ahe Rayburn, who represented the plaintiffs in the case, said in a written statement that opponents of the ballot measure are gratified by the ruling even though it didn't go as far as they would like.\u003c/p>\n\u003cp>“While the Court did not strike down [the] deadlines, it rendered them toothless by construing them as permissive goals, rather than as mandatory deadlines,\" she said. \"This allows the judiciary to continue to perform its critical role in carefully reviewing the appeals of the state’s death row inmates, in order to avoid the execution of an innocent person.”\u003c/p>\n\u003cp>University of California Law School Dean Erwin Chemerinsky, who filed an amicus brief opposing Proposition 66, said opponents of capital punishment may not be disappointed by the ruling.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"There’s an enormous lag time between when somebody \u003cem>needs\u003c/em> an attorney and when one is provided,\" Chemerinsky said. \"That accounts for more of the delay than anything else. The problem with Prop. 66 is it doesn’t deal with that problem. You can’t magically say let’s have more lawyers qualified to handle death cases unless there’s some mechanism to provide them.\"\u003c/p>\n\n","blocks":[],"excerpt":"High court upholds most of death penalty ballot measure Proposition 66, but says five-year appeals deadline is not mandatory.","status":"publish","parent":0,"modified":1503619819,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":788},"headData":{"title":"Executions Could Come Sooner After California Supreme Court Ruling | KQED","description":"High court upholds most of death penalty ballot measure Proposition 66, but says five-year appeals deadline is not mandatory.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Executions Could Come Sooner After California Supreme Court Ruling","datePublished":"2017-08-24T19:27:41.000Z","dateModified":"2017-08-25T00:10:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11613643 https://ww2.kqed.org/news/?p=11613643","disqusUrl":"https://ww2.kqed.org/news/2017/08/24/five-year-deadline-for-death-penalty-appeals-not-mandatory-california-supreme-court-rules/","disqusTitle":"Executions Could Come Sooner After California Supreme Court Ruling","path":"/news/11613643/five-year-deadline-for-death-penalty-appeals-not-mandatory-california-supreme-court-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Proposition 66 was sold to voters as a surefire way to speed up the state's decades-long death penalty appeals process, but its ability to do that was cast into doubt Thursday after the California Supreme Court ruled that a five-year deadline imposed by the initiative is \"directive, not mandatory.\" In other words, it's a goal, not a hard deadline.\u003c/p>\n\u003cp>Still, the decision could clear the way for executions to resume in California, where no one has been put to death in over a decade and 18 of the more than 750 death row inmates already have exhausted their appeals.\u003c/p>\n\u003cp>The executions could resume because in its 5-2 decision, the court upheld most of the ballot measure, dismissing several of the arguments posed by opponents of the death penalty. But it upheld part of the challenge, writing that the five-year deadline on death penalty appeals in California is unrealistic and, if enforceable, would \"pose serious separation of power problems.\"\u003c/p>\n\u003cp>\"Case law establishes that ... the constitutional separation of powers does not permit statutory restrictions that would materially impair fair adjudication or unduly restrict the courts’ ability to administer justice in an orderly fashion,\" stated the majority, written by Justice Carol Corrigan.\u003c/p>\n\u003cp>She was joined by justices Kathryn Werdegar, Goodwin Liu, Leondra Kruger and Andrea Lynn Hoch.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Hoch sat in on the case after Chief Justice Tani Cantil-Sakauye and Justice Ming W. Chin removed themselves because the lawsuit named the state's Judicial Council as a defendant.\u003c/p>\n\u003cp>Both serve on the council, a policymaking body for the court system, which would have to make new rules to implement Proposition 66.\u003c/p>\n\u003cp>Proposition 66 was narrowly approved by California voters last fall, who at the same time rejected a measure to abolish the death penalty. While voters were told the measure would limit court appeals to five years, they were not told how that would occur, according to the state Supreme Court ruling.\u003c/p>\n\u003cp>The court leaves open the possibility that individual prisoners could challenge other parts of Proposition 66.\u003c/p>\n\u003cp>But Kent Scheidegger of the Criminal Justice Legal Foundation said he's pleased most of the ballot measure was upheld.\u003c/p>\n\u003cp>\"The voters voted for a broad reform with many changes to the capital review process, and that’s what they’re getting,\" Scheidegger said.\u003c/p>\n\u003cp>He said other parts of Proposition 66, including stricter limits on what can be appealed by death row inmates, will greatly reduce delays of executions.\u003c/p>\n\u003cp>\"We’ve cut back the third, fourth and fifth reviews inmates try to file by limiting them to claims of innocence,\" Scheidegger said. \"That’s an extremely important reform. I can’t overstate that. They have really bogged down the process by burying the case in paper on issues that had nothing to do with the guilt or innocence of the crime.\"\u003c/p>\n\u003cp>Justice Mariano-Florentino Cuéllar wrote a concurring and dissenting opinion arguing that the court should go further. \u003ca href=\"http://www.courts.ca.gov/3825.htm?print=1\">Justice Raymond J. Ikola\u003c/a>, who also sat in on the case because of the recusals, joined his opinion.\u003c/p>\n\u003cp>\"What reasonable voters would have clearly recognized ... is that Proposition 66 contained a genuine, enforceable, five-year deadline for completion of the state court appeal and resolution of the initial habeas corpus petition in death penalty cases. Candor requires us to be equally clear about whether such a deadline accords with our law: It does not,\" he wrote.\u003c/p>\n\u003cp>Christina Von der Ahe Rayburn, who represented the plaintiffs in the case, said in a written statement that opponents of the ballot measure are gratified by the ruling even though it didn't go as far as they would like.\u003c/p>\n\u003cp>“While the Court did not strike down [the] deadlines, it rendered them toothless by construing them as permissive goals, rather than as mandatory deadlines,\" she said. \"This allows the judiciary to continue to perform its critical role in carefully reviewing the appeals of the state’s death row inmates, in order to avoid the execution of an innocent person.”\u003c/p>\n\u003cp>University of California Law School Dean Erwin Chemerinsky, who filed an amicus brief opposing Proposition 66, said opponents of capital punishment may not be disappointed by the ruling.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"There’s an enormous lag time between when somebody \u003cem>needs\u003c/em> an attorney and when one is provided,\" Chemerinsky said. \"That accounts for more of the delay than anything else. The problem with Prop. 66 is it doesn’t deal with that problem. You can’t magically say let’s have more lawyers qualified to handle death cases unless there’s some mechanism to provide them.\"\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11613643/five-year-deadline-for-death-penalty-appeals-not-mandatory-california-supreme-court-rules","authors":["3239","255"],"programs":["news_6944","news_72"],"categories":["news_6188","news_13"],"tags":["news_18862","news_18282","news_19542","news_19922","news_17286","news_17041"],"featImg":"news_11613668","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/All-Things-Considered-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.","airtime":"THU 10pm, FRI 1am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.commonwealthclub.org/podcasts","meta":{"site":"news","source":"Commonwealth Club of California"},"link":"/radio/program/commonwealth-club","subscribe":{"apple":"https://itunes.apple.com/us/podcast/commonwealth-club-of-california-podcast/id976334034?mt=2","google":"https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw","tuneIn":"https://tunein.com/radio/Commonwealth-Club-of-California-p1060/"}},"considerthis":{"id":"considerthis","title":"Consider This","tagline":"Make sense of the day","info":"Make sense of the day. Every weekday afternoon, Consider This helps you consider the major stories of the day in less than 15 minutes, featuring the reporting and storytelling resources of NPR. Plus, KQED’s Bianca Taylor brings you the local KQED news you need to know.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Consider-This-Podcast-Tile-703x703-1.jpg","imageAlt":"Consider This from NPR and KQED","officialWebsiteLink":"/podcasts/considerthis","meta":{"site":"news","source":"kqed","order":"7"},"link":"/podcasts/considerthis","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1503226625?mt=2&at=11l79Y&ct=nprdirectory","npr":"https://rpb3r.app.goo.gl/coronavirusdaily","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM1NS9wb2RjYXN0LnhtbA","spotify":"https://open.spotify.com/show/3Z6JdCS2d0eFEpXHKI6WqH"}},"forum":{"id":"forum","title":"Forum","tagline":"The conversation starts here","info":"KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.","airtime":"MON-FRI 9am-11am, 10pm-11pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED Forum with Mina Kim and Alexis Madrigal","officialWebsiteLink":"/forum","meta":{"site":"news","source":"kqed","order":"8"},"link":"/forum","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/kqeds-forum/id73329719","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz","npr":"https://www.npr.org/podcasts/432307980/forum","stitcher":"https://www.stitcher.com/podcast/kqedfm-kqeds-forum-podcast","rss":"https://feeds.megaphone.fm/KQINC9557381633"}},"freakonomics-radio":{"id":"freakonomics-radio","title":"Freakonomics Radio","info":"Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png","officialWebsiteLink":"http://freakonomics.com/","airtime":"SUN 1am-2am, SAT 3pm-4pm","meta":{"site":"radio","source":"WNYC"},"link":"/radio/program/freakonomics-radio","subscribe":{"npr":"https://rpb3r.app.goo.gl/4s8b","apple":"https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519","tuneIn":"https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/","rss":"https://feeds.feedburner.com/freakonomicsradio"}},"fresh-air":{"id":"fresh-air","title":"Fresh Air","info":"Hosted by Terry Gross, \u003cem>Fresh Air from WHYY\u003c/em> is the Peabody Award-winning weekday magazine of contemporary arts and issues. One of public radio's most popular programs, Fresh Air features intimate conversations with today's biggest luminaries.","airtime":"MON-FRI 7pm-8pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Fresh-Air-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/fresh-air/","meta":{"site":"radio","source":"npr"},"link":"/radio/program/fresh-air","subscribe":{"npr":"https://rpb3r.app.goo.gl/4s8b","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/Fresh-Air-p17/","rss":"https://feeds.npr.org/381444908/podcast.xml"}},"here-and-now":{"id":"here-and-now","title":"Here & Now","info":"A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.","airtime":"MON-THU 11am-12pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Here-And-Now-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"http://www.wbur.org/hereandnow","meta":{"site":"news","source":"npr"},"link":"/radio/program/here-and-now","subsdcribe":{"apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=426698661","tuneIn":"https://tunein.com/radio/Here--Now-p211/","rss":"https://feeds.npr.org/510051/podcast.xml"}},"how-i-built-this":{"id":"how-i-built-this","title":"How I Built This with Guy Raz","info":"Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png","officialWebsiteLink":"https://www.npr.org/podcasts/510313/how-i-built-this","airtime":"SUN 7:30pm-8pm","meta":{"site":"news","source":"npr"},"link":"/radio/program/how-i-built-this","subscribe":{"npr":"https://rpb3r.app.goo.gl/3zxy","apple":"https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2","tuneIn":"https://tunein.com/podcasts/Arts--Culture-Podcasts/How-I-Built-This-p910896/","rss":"https://feeds.npr.org/510313/podcast.xml"}},"inside-europe":{"id":"inside-europe","title":"Inside Europe","info":"Inside Europe, a one-hour weekly news magazine hosted by Helen Seeney and Keith Walker, explores the topical issues shaping the continent. No other part of the globe has experienced such dynamic political and social change in recent years.","airtime":"SAT 3am-4am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Inside-Europe-Podcast-Tile-300x300-1.jpg","meta":{"site":"news","source":"Deutsche Welle"},"link":"/radio/program/inside-europe","subscribe":{"apple":"https://itunes.apple.com/us/podcast/inside-europe/id80106806?mt=2","tuneIn":"https://tunein.com/radio/Inside-Europe-p731/","rss":"https://partner.dw.com/xml/podcast_inside-europe"}},"latino-usa":{"id":"latino-usa","title":"Latino USA","airtime":"MON 1am-2am, SUN 6pm-7pm","info":"Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg","officialWebsiteLink":"http://latinousa.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/latino-usa","subscribe":{"npr":"https://rpb3r.app.goo.gl/xtTd","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/Latino-USA-p621/","rss":"https://feeds.npr.org/510016/podcast.xml"}},"live-from-here-highlights":{"id":"live-from-here-highlights","title":"Live from Here Highlights","info":"Chris Thile steps to the mic as the host of Live from Here (formerly A Prairie Home Companion), a live public radio variety show. 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Updated Monday through Friday at about 3:30 p.m. PT.","airtime":"MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.marketplace.org/","meta":{"site":"news","source":"American Public Media"},"link":"/radio/program/marketplace","subscribe":{"apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=201853034&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/APM-Marketplace-p88/","rss":"https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"}},"mindshift":{"id":"mindshift","title":"MindShift","tagline":"A podcast about the future of learning and how we raise our kids","info":"The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. 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