Published Wednesday, Oct. 31, 2001,
in the San JoseMercury News

Supervisors endorse execution moratorium:

SANTA CLARA COUNTY DA CRITICIZES 4-1 DECISION

BY HOWARD MINTZ

Mercury News

Santa Clara County on Tuesday became the first politically moderate local government in California to call for a temporary halt to the death penalty, lending Silicon Valley's voice to a growing national debate over the fairness of capital punishment.

In a 4-1 vote, the county board of supervisors approved a resolution supporting a moratorium on executions in California, which now has more than 600 inmates on death row, the largest condemned population of any state in the country.

While traditionally liberal strongholds such as San Francisco, Berkeley and Santa Cruz have adopted similar measures, Santa Clara County's endorsement of a moratorium comes from a mainstream community that in the past has favored the death penalty.

Over the objections of District Attorney George Kennedy, the supervisors indicated that they favored a moratorium to give California an opportunity to examine the fairness and effectiveness of the state's death penalty process. The resolution comes at a time when moratoriums have gathered steam in other states where the death penalty has been called into question, notably Illinois, where the governor declared a halt to executions after evidence surfaced of innocent men on death row.

``As a large county responsible for the system, I think it's appropriate we request the state review the process,'' said board Chairman James Beall, who supports the death penalty.

In an interview, Kennedy, who is responsible for prosecuting capital cases in the county, said the resolution was misguided because California has not had the glaring problems exposed in other states. He called some of the justifications for the resolution, such as the prospect of innocent men on death row, ``baloney.''

``I think it puts us at a disadvantage in trying to enforce the current law,'' Kennedy said of the resolution. ``There aren't any unanswered questions -- all of those questions have been litigated to death by creative zealots.''

The supervisors' resolution, however, is largely symbolic.

Gov. Gray Davis has made it clear that he opposes a moratorium in California. In addition, California has had just nine executions since capital punishment was restored in 1978. San Francisco killer Robert Lee Massie was put to death this year, only after volunteering to drop his appeals.

There have been 28 murderers condemned to die by Santa Clara County juries, although some of those cases were moved here from other counties, including the trial of Richard Allen Davis, condemned for the Petaluma kidnapping and murder of Polly Klaas. The last time a death sentence was imposed here was in 1998, when three members of the Nuestra Familia gang were condemned.

There are at least two pending cases in which Santa Clara County prosecutors are seeking the death penalty, including a trial scheduled to begin next month against three defendants accused of a 1998 gang-related double murder in San Jose.

The supervisors' vote also comes as San Jose police are searching for the killer of a rookie police officer gunned down over the weekend in Almaden Valley. Murdering a police officer is commonly charged as a capital crime in California, and Kennedy called the timing of the resolution ``ironic.''

But the board of supervisors and a number of death penalty foes said at Tuesday's hearing that the state needs to step back and examine the system, particularly issues such as the quality of representation for predominantly poor defendants and whether there is disparate treatment of minorities.

Last year, a Field Poll showed that a majority of California residents favor a moratorium to study the system, despite continuing overall support for the death penalty.

``It's no longer a secret the death penalty system is broken,'' said Terry McCaffrey, who coordinated the resolution campaign.

Supervisor Don Gage, while supporting the idea of studying the state's death penalty, voted against the resolution because he opposes a moratorium.

Contact Howard Mintz at hmintz@sjmercury.com or at (408) 286-0236.