Death penalty opponents in California say their movement to
abolish or impose a moratorium on state executions has been
revitalized by the recent actions of departing Illinois Gov.
George Ryan.
In one of his final acts in office, Ryan -- who had imposed
a moratorium on executions after questions of fairness were
raised -- commuted the sentences of all 167 inmates on
Illinois' Death Row.
Lance Lindsey, executive director at San Francisco-based
Death Penalty Focus, said his group has been flooded with
phone calls in the past few days by people energized by Ryan's
actions.
"We're extremely encouraged by what Gov. Ryan did in his
state," Lindsey said. "It will have a striking and powerful
effect in California, as well as the nation, in terms of
advancing the ultimate goal of abolishing the death penalty."
While polls show that support for capital punishment
remains strong in California, 10 Bay Area local governments --
including Berkeley, Menlo Park, Oakland and Santa Cruz city
councils as well as Marin, Santa Clara and San Francisco
counties' boards of supervisors -- have passed resolutions
calling for a moratorium on executions. Last year, about
120,000 signatures were sent to the governor urging a
moratorium.
California, one of 38 states that have capital punishment,
has executed 10 inmates since the death penalty was reinstated
in 1978 -- including five since Gov. Gray Davis took office in
1999. Executions average about one per year, prison sources
said.
Opponents say there is no hard evidence that the death
penalty has altered criminal behavior.
"It is clear that killing the killer is not deterrence,"
said Cosette Thompson, the Western regional director for
Amnesty International.
California has the largest number of death row inmates in
the nation -- 617 prisoners -- and the numbers are growing by
about 25 per year. Most are housed in tiny cells in the
antiquated San Quentin State Prison. Davis' proposed $5. 27
billion budget for the Department of Corrections includes a
$220 million bond measure for a modernized, nearly 1,000-bed
capacity Death Row. (It was built in 1934 with 68 beds.)
State officials say the circumstances in California are
vastly different than in Illinois, where inmates were beaten
up and forced into confessing to crimes that they never
committed.
They said that California's process of automatic appeals,
post-conviction legal representation, mandatory DNA testing
and other safeguards ensure that condemned inmates are treated
fairly during the appeals process -- which can stretch over 20
years.
"This careful scrutiny and years-long review is a healthy
thing. If there was improper evidence or errors in the
sentencing, they come to light," said Stephen Green, assistant
secretary for the Youth and Adult Correctional Agency.
Hallye Jordan, a spokeswoman for Attorney General Bill
Lockyer, said California already has in place most of the 85
recommendations that came out of the Illinois commission that
looked into the process after Ryan imposed the moratorium. She
said charges of racial or economic bias have been raised
periodically about California's capital punishment
convictions, but are unfounded.
"The California experience is completely different from
Illinois," she said.
Davis spokeswoman Hilary McLean said the governor is
steadfast in his support for the death penalty and has
repeatedly opposed a moratorium on executions.
"We have no reason to question the current system," McLean
said. "Under Davis' watch, the inmates in the cases were
represented by some of the best lawyers in the state."
In June 2000, when the Field Poll conducted its most recent
poll on the death penalty in California, about 63 percent of
the 493 adults surveyed supported the death penalty for
serious crimes. Pollsters noted that it was the lowest level
of support in 30 years.
In addition, 73 percent of those surveyed said they favored
California halting executions until the fairness of the death
penalty is studied.
Meantime, critics of capital punishment are divided over
whether California should build a larger Death Row.
"Allowing more space encourages more capital prosecution in
the state," Lindsey said. "As soon as you built the space, the
state will feel obliged to fill it."
But Steve Fama of the Prison Law Office in San Rafael said
a $220 million bond measure is vital for upgrading San
Quentin's antiquated Death Row.
Inmates there are kept in tiny cells -- 6 feet wide by 8
feet long -- and are single-celled by court decree. The
exercise yards are sorely inadequate, Fama said, because they
are small and overcrowded.
"When they built the prison 120 years ago, they weren't
thinking of providing care for severely mentally ill prisoners
who will be there for 15 or 20 years," Fama said. "Something
has got to be done to correct the abysmal conditions."
E-mail Pamela J. Podger at ppodger@sfchronicle.com.