A lawyer appealing the conviction of a double murderer in Los Angeles said Wednesday in front of the California Supreme Court that the state’s death penalty was uneven and unconstitutional, perhaps the way to withdraw hundreds of death sentences. Insisted that it could open.
The judge received the death penalty in a 2004 shooting of rival gang member George Brooks (33) in a drug war and Annette Anderson (52) who witnessed the killing in a housing project at Nickerson Gardens. Watts heard Donte Lamont McDaniel’s automatic appeal against the decision. Co-defendant Kai Harris has filed another pending appeal.
Several strong political allies, including Governor Gavin Newsom and progressive prosecutors in the state, support efforts to revoke McDaniel’s death sentence.
Newsom: “Infected with Racism”
Newsom submitted a 177-page Amikas Brief in October 2020, and the decision against 41-year-old McDaniel, a black man who has been on death row since 2009, is due to jury deliberations and racial prejudice in the decision. He insisted that it should be overturned. The incumbent governor submitted a brief statement to a friend in the court to note that Newsom stated that he was “applying an unfair and uneven death row.” Is the first in the history of California.
Newsam, who suspended executions in California, argued that the death penalty should require unanimous judgment by a jury and evidence that goes beyond the prima facie prima facie of controversial weighted evidence. ing.
“California’s death penalty has been and has been infected with racism,” Brief said. “Today’s inequity in the death penalty is the result of a history of state and state racial terrorism and oppression.”
California voters confirmed in 1978, 2012, and 2016 polls that they supported the death penalty. Currently, 703 prisoners are in prison as death row prisoners, and in 2006 they were the last to be executed.
Prosecution supports appeal
A court argument brief, alleging that the death penalty is voluntarily imposed, was submitted by five district attorneys in support of McDaniel’s appeal. Diana Bectin in Contra Costa County. San Francisco County Chesa Boudin. George Gascon, Los Angeles County. Jeffery Rosen, Santa Clara County. Tori Barber Salazar in San Joaquin County. Former Los Angeles County District Attorney Gil Garsetti also signed the briefing.
“The death penalty does not make us safer, there is a serious risk of executing innocent people, and it costs about $ 300 million per execution,” Gascon said in a statement last year. “Since 2012, 22 of the 23 people sentenced to death in Los Angeles are of color, so the court said the death penalty was County-intentional.” You don’t have to look beyond LA County to prove that it applies to. Such a heterogeneous application is characteristic of an unfair legal system, and I told the California Supreme Court that the death penalty was arbitrary. arbitrary arbitrary I plead for the end of the voluntary application. “
Boudin, whose parents are Weather Underground activists sentenced to imprisonment in the 1980s, said he had long opposed the “undeniably cruel and unjust practice” of the death penalty.
“The application of the death penalty in California violates the protection and principles of the Constitution,” he added. “The death penalty in California is not only inconsistent with humanitarian social values, but also executed in a racially biased manner, disproportionately if the victim is white or the accused is black or Latin. I am imposing the death penalty. “
Instructions of a jury with reasonable doubt
At a hearing on Wednesday, Supreme Court Deputy Judge Goodwin Liu made a reversible error in California after failing to direct the jury to prima facie suspicion to Elias Bachelder, senior deputy secretary of state trial defense. We asked if there were many outbreaks in the state. Considering whether to put it to death.
“There was no revocation of the ruling based on the idea that no reasonable suspicion was given,” Baccarder replied. “I have never seen that imposing a high burden of proof to protect the accused hinders the jury’s powers.”
Deputy Director Dana Muhammad Ali unanimously agreed that the Supreme Court would unanimously agree that the State Constitution and criminal law would exacerbate the issues already decided during the trial, either under the burden of proof to the jury. He said the Supreme Court had never ruled that he was obliged to do so at the punishment stage. Guilt phase.
“The type of fact evaluation that takes place at the penalty stage is a really basic fact,” she said. “The jury unanimously found that these basic facts were true or that they were true or proven before convicting the defendant in the final offense. We are not even at the guilty stage where we need to unanimously agree. “
McDaniel’s hearing will take place shortly after Newsom’s Executive Order was issued on Friday, May 28. Independent investigation of Kevin Cooper caseIs a black convict on death row convicted in 1983 of the murder of three Chino Hills family members and one of his friends.
Like McDaniel, Cooper remains innocent.
No impact yet seen
If McDaniel’s decision is revoked, there is still no potential impact on other death sentences, said Kent Scheideger, legal director of the Criminal Justice Foundation, which supports the death penalty.
“The court will respect more than a century of precedent and will re-dismiss the bizarre allegations that it has dismissed dozens of times,” Scheideger said in an email. “If the court says If you go wrong in this case, it is up to the court to decide which case to apply retroactively.
“California’s law on retroactiveness is far less structured than federal law, and there is no reliable way to predict outcomes,” he continued. “A false decision may apply retroactively to all proceedings, only to the proceedings pending in the first proceeding, or only to the current proceedings. We wait. I have to see the situation. “
The Supreme Court will rule McDaniel’s appeal within 90 days.
The State Supreme Court hears the Los Angeles murderer’s appeal if it could lead to the cancellation of the death penalty –
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