Sunday, January 25, 2015
YOLO COUNTY NEWS
99 CENTS

California prosecutors seek to jump-start death penalty

The new lethal injection facility at San Quentin State Prison is shown in this 2010 file photo. California has 14 death row inmates who are eligible for execution. AP photo

FILE - In this Sept. 21, 2010 file photo, the new lethal injection facility at San Quentin State Prison is seen in San Quentin, Calif. Earlier this year, the U.S. Supreme Court rejected Robert Fairbanks' appeal of his death sentence for the 1985 rape and murder of college student Wendy Cheek. With that rejection, Fairbanks joined at least 14 other death row inmates who have "exhausted" their appeals to state and federal courts and are eligible for execution. Michael Morales, who was within hours of his execution in 2006 and Albert Brown, who was handed his death warrant in 2010 only to have his lethal injection called off a day before he was scheduled to die are also on the list of some of Californiaís most notorious killers. (AP Photo/Eric Risberg, file)

By
From page A1 | November 21, 2012 |

By Paul Elias

SAN FRANCISCO — Earlier this year, the U.S. Supreme Court rejected Robert Fairbank’s appeal of his death sentence for the 1985 rape and murder of college student Wendy Cheek.

With that rejection, Fairbank joined at least 13 other death row inmates who have completed the decades-long capital punishment appeals process and are eligible for execution.

Nonetheless, none of the 14 death row inmates who have “exhausted” their appeals will receive a lethal injection anytime soon — even though 53 percent of the California electorate reinforced its support of the death penalty with the rejection of Proposition 34 on Nov. 6.

Lawsuits in federal and state courts have halted executions since January 2006 and it will take months, maybe years, to resolve the litigation. Judges have ordered a halt to executions and lawyers with the state’s attorney general’s office have promised not to pursue any executions until the cases are resolved.

Still, a growing number of prosecutors, law enforcement officials and capital punishment proponents are pushing for the quick resumption of execution, citing the defeat of Proposition 34 as a mandate from the voters. They’re calling for an end-run around the legal hang-ups, calling for the scrapping of the three-drug lethal injection at the center of the litigation and replacing it with a single-drug execution.

Six other states already have abandoned the three-drug process and adopted the single-drug execution.

In recent months, Los Angeles County District Attorney Steve Cooley and San Mateo County District Attorney Steve Wagstaffe have formally asked local judges for death warrants for three death row inmates and an order to execute them with a single, lethal dose of pentobarbital, a drug previously used to euthanize animals.

But a Los Angeles judge rejected Cooley’s motion and Wagstaffe is expecting the same treatment in San Mateo Superior Court, conceding his legal maneuver to have Fairbank’s executed soon is more symbolic than realistic.

“I am simply trying to get the system moving,” Wagstaffe said. “I’m trying to shake the tree a little bit to get people to pay attention. He does deserve death for what he did to Wendy Cheek.”

Fairbank has been on death row since 1989, the other 13 inmates eligible for execution have been there longer, including Stevie Fields who arrived in 1979. Fields was convicted that same year of going on a “one-man crime spree” around the USC campus that included the rape and murder of a student librarian two weeks after his parole from prison on a manslaughter conviction.

Others on the list of inmates ready for execution include Michael Morales, who came within hours of his execution for the rape and murder of a teen before a judge blocked it in 2006 because of his lawsuit. Morales alleges the state’s process for administering the three-drug lethal cocktail is so flawed that inmates run the risk of suffering cruel and unusual punishment.

In response to a judge’s order prompted by Morales’ lawsuit, prison officials spent nearly $1 million to construct a sparkling new lethal injection facility that looks and feels like a high-tech hospital room, replacing the dark and decades-old gas chamber that was used in the past. They’ve also trained a new team of guards to carry out executions and revised their protocols. They say the state is now ready to resume executions.

Morales lawyers argue that the state still hasn’t done enough to ensure California’s executions are constitutional. A federal judge plans to hold a hearing on the matter later before making a decision, which could lead to the resumption of executions.

But a growing number of death penalty supporters like the Criminal Justice Legal Foundation in Sacramento say Gov. Jerry Brown and lawmakers can hasten executions if they move quickly to change state’s death penalty to a single drug.

“The state of Washington carried out an execution six months after adoption of the new method,” said Michael Rushford, president of the foundation, “and California can also.”

Rushford also said new laws limiting death penalty appeals and the admittance of more defense attorneys deemed qualified to handle such cases will also speed up the process.

McGregor Scott, a former U.S. attorney in Sacramento and a leader of the campaign against Proposition 34, said death penalty supporters would attempt to put a measure of their own in the 2014 ballot if lawmakers fail to adopt a one-drug injection for California.

“Other states have corrected the same problems, and it is now time for California to do the same,” Scott said in a prepared statement Nov. 7 after Proposition 34 was officially declared a loser. “If the Legislature continues to abandon its responsibility by refusing to implement common-sense reforms then we will put our full support behind a ballot initiative to get the job done in 2014.”

On the other side of the debate, supporters of the ballot measure vowed to continue fighting to end capital punishment in California. They said they would support the pending lawsuits and oppose attempts to restart executions with a single drug while working toward another campaign to end the death penalty, either through the Legislature or the ballot box.

Proposition 34 campaign officials said that support for the death sentences is eroding in California, noting that 71 percent of the electorate voted to reinstate capital punishment in 1978 compared to the 52 percent who voted against Proposition 34 this fall.

“We are going to move forward with the voters,” said Natasha Minsker, an ACLU attorney who managed the Proposition 34 campaign. “Fifty-two percent of the vote is not a mandate.”

Comments

comments

The Associated Press

  • Recent Posts

  • Enter your email address to subscribe to this newspaper and receive notifications of new articles by email.

  • .

    News

    Bridges of Yolo County: Wear, tear … repair?

    By Elizabeth Case | From Page: A1 | Gallery

     
    Four days of unusual, adventuresome music

    By Jeff Hudson | From Page: A1 | Gallery

     
    Spanish police arrest 4 suspected members of a jihadi cell

    By The Associated Press | From Page: A2

    Rockets kill 30 in Ukrainian city as rebels launch offensive

    By The Associated Press | From Page: A2

     
    Abe ‘speechless’ after video claims IS hostage dead

    By The Associated Press | From Page: A2

    GOP presses state bills limiting gay rights before ruling

    By The Associated Press | From Page: A2

     
    Abortion opponents express renewed hope at California rally

    By The Associated Press | From Page: A2

    Share your love (story) with us

    By Enterprise staff | From Page: A3

     
    Sip wines at St. James’ annual tasting

    By Special to The Enterprise | From Page: A3

    Fake schools draw federal scrutiny

    By The Associated Press | From Page: A3 | Gallery

     
    Winter produce available at Sutter market

    By Special to The Enterprise | From Page: A3

    Vote for your favorites in Readers’ Choice poll

    By Enterprise staff | From Page: A3

     
    Donations to be distributed during homeless count

    By Anne Ternus-Bellamy | From Page: A4

     
    Speaker will share computer security tips

    By Enterprise staff | From Page: A4

    Logos Books celebrates 5 years, offers language groups

    By Enterprise staff | From Page: A4

     
    Australian olive oil company opens U.S. headquarters in Woodland

    By Special to The Enterprise | From Page: A4

    Explore at the YOLO Outdoor Expo

    By Enterprise staff | From Page: A4

     
    Pedal around Davis on weekly bike ride

    By Enterprise staff | From Page: A4

     
    Yolo animal shelter seeking rawhide donations

    By Lauren Keene | From Page: A5

    Woodland Healthcare employees take Great Kindness Challenge

    By Special to The Enterprise | From Page: A5

     
    At the Pond: Nest boxes give birds new homes

    By Jean Jackman | From Page: A6 | Gallery

    California ranks worst in nation for guidance counselors

    By The Associated Press | From Page: A7

     
    Davis, Woodland are saving water

    By Elizabeth Case | From Page: A12

    Words and Music Festival events

    By Jeff Hudson | From Page: A12

     
    .

    Forum

    Family isn’t keen on relationship

    By Creators Syndicate | From Page: A8

     
     
    Caring for the aging mouth

    By Samer Alassaad | From Page: A8

    Big utilities’ nightmare begins to play out

    By Tom Elias | From Page: A10

     
    Mayor’s Corner: Let’s renew Davis together

    By Dan Wolk | From Page: A10

    We have the right to choose

    By Letters to the Editor | From Page: A10

     
    We don’t have to suffer

    By Letters to the Editor | From Page: A10

    City helped immensely

    By Letters to the Editor | From Page: A10

     
    Rick McKee cartoon

    By Debbie Davis | From Page: A10

    When measles spreads from Disneyland, it’s a small world after all

    By New York Times News Service | From Page: A11

     
    From innovation parks to innovative buildings and planning

    By Special to The Enterprise | From Page: A11

    .

    Sports

    Wildcats’ inaugural kids development league exceeds expectations

    By Bruce Gallaudet | From Page: B1 | Gallery

     
    Aggies get top 2015 gymnastics score, but fall short

    By Bruce Gallaudet | From Page: B1 | Gallery

    Loud crowd sees DHS boys win

    By Spencer Ault | From Page: B1 | Gallery

     
    Lady Devils hold off Pacers, stay perfect in league

    By Enterprise staff | From Page: B1

    UCD men take two tennis matches

    By Enterprise staff | From Page: B8

     
    Watney in ninth at Humana Challenge

    By Staff and wire reports | From Page: B8

    .

    Features

    .

    Arts

    .

    Business

    Davis man focusing on cannabidiol business

    By Will Bellamy | From Page: A9

     
    Marrone Bio’s Regalia approved for new uses in Canada

    By Special to The Enterprise | From Page: A9

     
    UCD grad makes insurance ‘hot 100′ list

    By Enterprise staff | From Page: A9

    Yolo County real estate sales

    By Zoe Juanitas | From Page: A9

     
    .

    Obituaries

    .

    Comics

    Comics: Sunday, January 25, 2015

    By Creator | From Page: B8