As Gov. Gavin Newsom faces backlash for his decision to commute every California death sentence to life in prison without the possibility of parole, Los Angeles and Orange County district attorneys spoke out Thursday in opposition, backing a legal challenge to block the governor’s plan.
Los Angeles County District Attorney Nathan Hochman released the list of all 548 inmates whose death sentences would be commuted under Newsom’s plan. He said life sentences “no longer guarantee” that death row prisoners will spend the rest of their lives in prison, pointing to the 1996 convictions of Erik and Lyle Menendez.
“When Erik and Lyle Menendez were sentenced in 1996, a jury gave them life without the possibility of parole, and for 30 years that sentence was in place, until the State Legislature changed the rules, giving them the possibility of parole,” Hochman said in a statement. “While the Legislature cannot touch a death sentence to create parole eligibility, it can change the rules at any moment for life-without-parole sentences.”
The Menendez brothers were convicted in 1996 of fatally shooting their parents in their Beverly Hills mansion.
Nearly 40% of the 548 prisoners on death row could have their sentences commuted through the governor’s action because they are serving single felony sentences. The rest would need the state Supreme Court’s approval.
Hochman also said his office is supporting a legal challenge to Newsom’s “blanket commutation,” filed by the Criminal Justice Legal Foundation, a nonprofit established by former Sacramento County District Attorney Anne Marie Schubert.
Orange County District Attorney Todd Spitzer also announced that his office is asking the state Supreme Court to block the proposed commutations involving inmates from his jurisdiction.
“When we go to court, and we file on Monday, we’re going to make it unequivocally clear to the Supreme Court that they are being asked by the governor to overturn the decisions they made affirming these death cases,” Spitzer said.
As Orange County officials argued that inmates could eventually become eligible for parole despite being sentenced to life in prison without the possibility of parole, family members of people killed by death row inmates spoke at Thursday’s news conference, sharing details of their loved ones’ murders.
“They tortured my daughter and made my son watch while they sexually assaulted her. They stomped him and beat him so bad he even had shoe prints on his back,” said Faye Jenkins, whose daughter and Marine son-in-law were murdered by fellow Marines in 2013.
The father of Sam Herr, who was murdered and dismembered by his neighbor in 2010, said his family was deeply hurt by Newsom’s decision.
“On what would have been Sam’s 27th birthday, my son’s head was found,” Steve Herr, Sam’s father, said.
Daniel Wozniak was convicted in 2015 of killing Herr, an Army veteran, and his friend Julie Kibuishi, more than five years after the murders. Wozniak, who had been deeply in debt, schemed to kill Herr and steal $50,000 that Herr had saved from his service in Afghanistan, according to prosecutors.
NBC Los Angeles repeatedly reached out to the governor’s office for comment on the proposed commutations but did not receive a response.
Newsom, who is in his final term and considering a run for the White House, said in an open letter to Californians posted on his office’s website earlier this month that the decision was among the most difficult of his political career.
“I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values,” Newsom said.
As Gov. Gavin Newsom faces backlash for deciding to commute every California death sentence to a sentence of life in prison without the possibility of parole, Los Angeles and Orange County district attorneys Thursday spoke out in opposition, backing an legal challenge to block the governor’s plans.
Los Angeles County District Attorney Nathan Hochman released the list of all 548 inmates whose death sentences would be commutated under Newsom’s plan, saying life sentences “no longer guarantees” that death row prisoners will spend rest of their lives in prison, pointing to the 1996 convictions of Erik and Lyle Menendez.
“When Erik and Lyle Menendez were sentenced in 1996, a jury gave them life without the possibility of parole, and for 30 years that sentence was in place, until the State Legislature changed the rules, giving them the possibility of parole,” Hochman said in a statement. “While the Legislature cannot touch a death sentence to create parole eligibility, it can change the rules at any moment for life-without-parole sentences.”
Nearly 40% of the 548 prisoners on death row can have their sentences commuted by the governor’s action because they are serving single felony sentences. The rest will need the state Supreme Court’s approval.
Hochman also said his office is supporting the legal challenge against Newsom’s “blanket commutation” filed by a nonprofit called the Criminal Justice Legal Foundation, established by former Sacramento County District Attorney Anne Marie Schubert.
Orange County District Attorney Todd Spitzer also announced his office is asking the state Supreme Court to block the proposed commutations from his jurisdiction
“When we go to court, and we file on Monday, we’re going to make it unequivocally clear to the Supreme Court that they are being asked by the governor to overturn the decisions they made affirming these death cases,” Spitzer said.
As Orange County’sargued that the inmates will somehow get chances at parole eventually despite being committed to life in prison without the possibility of parole, some family members of those killed by the death row inmates spoke at Thursday’s news conference, sharing details of their loved ones’ brutal murders.
“They tortured my daughter and made my son watch while they sexually assaulted her. They stomped him and beat him so bad he even had shoe prints on his back,” said Faye Jenkins whose daughter and Marine son-in-law were murdered by fellow Marines in 2013.
The father of Sam Herr, who was murdered and dismembered by his neighbor in 2010, said that his family is deeply hurt by Newsom’s decision.
“On what would have been Sam’s 27th birthday, my son’s head was found,” Steve Herr, Sam’s father, asid.
Daniel Wozniak was convicted in 2015 of killing Herr, an Army veteran, and his friend Julie Kibuishi, more than five years after the murders. Wozniak, who had been deeply in debt, schemed to kill Herr and steal $50,000 that Herr had saved from his service in Afghanistan, according to prosecutors.
NBC Los Angeles reached out to the governor’s office about proposed commutations repeatedly but did not hear back.
Newsom, who is in his final term and considering a run for the White House, said in an open letter earlier this month to Californians posted on his office’s website that the decision was among the most difficult of his political career.
“I take this action because I firmly believe that state-sanctioned killing is incompatible with California’s values,” Newsom said.