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Despite Gov. Newsom’s moratorium, prosecutors seek death penalty for Golden State Serial Killer

Despite Gov. Newsom’s moratorium, prosecutors seek death penalty for Golden State Serial Killer

One victim’s brother: “Unfortunately now our governor has decided to interpose his own personal opinion regarding the death penalty.”

https://www.youtube.com/watch?v=EKTMrbbpOnE

California Governor Gavin Newsom took his pen in hand and signed an order putting an executive moratorium on the death penalty in the state.

Undeterred, prosecutors in the Golden State Serial Killer case will seek the death penalty if the suspect in the notorious rape and murder case is convicted.

Ignoring Gov. Gavin Newsom’s moratorium on capital punishment, prosecutors from four California counties announced in court Wednesday they will seek the death penalty against Golden State Killer/East Area Rapist suspect Joseph James DeAngelo if he is convicted.

DeAngelo, 73, had no visible reaction as he stood in a cell inside a Sacramento Superior Courtroom on the first floor of the county’s main jail building downtown before Sacramento Superior Court Judge Michael Bowman.

Clasping his hands together in front of him and sporting a closely shaved head, a gaunt DeAngelo stared straight ahead as prosecutors from Sacramento, Orange, Ventura and Santa Barbara counties said they would pursue a death sentence if he is convicted in any of the 12 slayings he is accused of committing in those counties in the 1970s and 1980s.

Even if DeAngelo is given the death penalty, it is unlikely it would be carried out. Newsom’s death penalty moratorium will be hard to overturn in court because the California’s governor has broad power of reprieve and clemency.

But Newsom does offer his sympathies to the victims’ families.

“These are horrific crimes,” Newsom said in a statement. “Our sympathies are with the victims and families who have suffered at the hands of the Golden State Killer. The district attorneys can pursue this action as is their right under the law.”

California has not executed anyone since 2006, but Newsom said he acted last month because 25 inmates have exhausted their appeals and court challenges to the state’s new lethal injection process are potentially nearing their end. He endorsed a repeal of capital punishment but said he could not in good conscious allow executions to resume in the meantime knowing that some innocent inmates could die.

Ron Harrington, the older brother of DeAngelo’s victim Patrick Harrington, denounced Newsom’s moratorium.

“The death penalty does serve as a deterrent,” Harrington said. “Unfortunately now our governor has decided to interpose his own personal opinion regarding the death penalty.”

DeAngelo, a former police officer, was arrested almost a year ago, after DNA from a crime scene was matched to a relative registered on genealogy sites. Harrington is thrilled that the prosecutors are seeking capital punishment for his brother’s murderer.

Harrington’s youngest brother Keith and Keith’s wife Patty were newlyweds when they were bludgeoned to death in August 1980 in their Orange County home by the man prosecutors believe to be the Golden State Killer. Keith Harrington was months away from graduating medical school. Patty Harrington was a pediatric nurse. The couple were married three months when they were murdered.

“The Golden State Killer is the worst of the worst: 13 murders, 50-plus rapes. He is the most prolific murderer-rapist not only in California, but the United States,” Harrington said, fixing his eyes on reporters.

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Comments

notamemberofanyorganizedpolicital | April 13, 2019 at 4:12 pm

Flip Flop Newsom

Too bad they can’t send this dirtbag the bill for all the police work, a la Jussie Smollett.

In this case Newsom’s moratorium doesn’t mean much considering the length of time involved with the death penalty appeals process – thanks to activist lawyers and judges. The people of California voted to continue the death penalty. But we’ve been thwarted by.. That’s right.. judges and lawyers. So who do we blame for this state of affairs? Gosh. I dunno. Lawyers and judges? Newsom? Or Calif. voters? Gosh, that’s a toughy.

I’m less concerned about this serial murder walking free on parole after 20 years because he’s 73 years old. No. I’m ticked off that John Walker Lindh gets early release with what appears to be a waved mandatory parole period – he gets to jet of to Ireland (possibly on to Pakistan) to live the good life. Yeah. That p&$@! ticks me off.

but said he could not in good conscious allow executions to resume in the meantime knowing that some innocent inmates could die

Big deal. Nobody is in favor of executing the innocent.

The innocent have to be distinguished from the not-so-innocent. That’s what the trial does. So, does he have any reason to suspect that, in spite of the conclusions of their trials, some of these particular inmates are innocent? Or is this just a “the progress of civilization has to stop right now because somebody somewhere might be wrong about something” kind of thing?

“Newsom’s death penalty moratorium will be hard to overturn in court because the California’s governor has broad power of reprieve and clemency.”

I’m not sure this makes any sense. As we can see, the “moratorium” can’t prevent prosecutors from using their lawful discretion to seek the death penalty. Likewise, it doesn’t prevent judges from passing that sentence.

Mostly, it just seems to signal the governor’s refusal to allow executions to take place. I don’t know if the governor has to actually sign a death warrant. Certainly, if he does, nothing can force him to do so. If not, nothing can stop him from issuing a reprieve.

Likewise, once he leaves office, the “moratorium” can’t bind his successor. Whoever the next governor is will decide for himself, just as Newsom decides for himself.

IOW, this “moratorium” is nothing but a publicity gimmick. The entire concept of overturning it in court is nonsensical.

Likewise, once he leaves office, the “moratorium” can’t bind his successor. Whoever the next governor is will decide for himself, just as Newsom decides for himself.

Judge has ruled that executive orders by Obama cannot be undone ny Trump. Some orders are permanent while parts of the Constitution are changeable at a moments notice.

Just consider him to be in his 219th trimester.

If deangelo’s lawyer’s are on the ball, they will get a “qualified mental health expert” to diagnose him with a qualifying mental disorder (or disorders) and present this diagnosis to the court. If the judge agrees deangelo suffered from this (or these) qualifying mental disorder/s, he would be eligible for “pretrial diversion” of not more than two years. “If the defendant has performed satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.” It is essentially a “get out of jail free” card. This is all laid out in Assembly Bill (AB) 1810. AB1810 is so great, the authors refused to put their name/s on it. They also passed it quietly and without fanfare.

http://politicalhat.com/2018/07/11/californias-get-out-of-jail-card/

https://www.ocregister.com/2018/07/07/mental-disorder-now-a-get-out-of-jail-free-card/

If I were deangelo’s lawyer (thank goodness I’m not) I would use governor newsome’s stay of executions as a huge club to bludgeon the prosecutor’s for their decision to make this a death penalty case. California is a $hi+ show of epic proportions.

Too bad for this guy: he could have been a stand-in for Lawrence Tierney (of Resevoir Dogs fame).

Crime does not pay. Unless you’re a democrat politician. Then, it’s directly compensble. Right, clinton?