California prosecutors condemn Newsom’s plan to commute death sentences

At least 12 California district attorneys have criticized Gov. Gavin Newsom’s plan to commute all 548 death sentences in the state. They say a blanket decision would set aside jury verdicts, disregard victims’ families and run counter to voters’ decisions on capital punishment.

Newsom announced the plan Thursday, saying the death penalty is incompatible with California’s values. The commutations would change the sentences to life in prison without parole. The Associated Press reported that 382 cases would still need approval from at least four California Supreme Court justices.

Prosecutors have questioned the impact on victims’ rights, the governor’s authority and the court’s role in reviewing hundreds of cases.

“Justice requires case-by-case consideration, not one-size-fits-all decisions,” Sacramento County District Attorney Thien Ho said.

Orange County District Attorney Todd Spitzer called the move “mercy for the wolves” and “the ultimate act of cruelty on the sheep.” He also pointed to new rules that took effect Oct. 1, allowing thousands of people serving life without parole to become eligible for parole. Spitzer argued that commuting death sentences could move those prisoners “one step closer” to release. Newsom’s office says the people affected by the commutations will remain in prison and are not eligible for release.

San Bernardino County District Attorney Jason Anderson accused Newsom of making a politically motivated decision and said the governor had not spoken with crime victims or surviving relatives. “Courage would require speaking with crime victims and the surviving family members of the people murdered by these death row inmates,” Anderson said.

Anderson pointed to the case of Kevin Cooper, who was convicted of killing Josh Ryen’s parents and sister, as well as Ryen’s friend Chris Hughes, and leaving Ryen for dead. Anderson said Newsom had not asked Ryen or Hughes’ mother, Mary Ann Hughes, for their views on a commutation. He added that Ryen had never received a call from the governor.

Anderson also said the governor should follow Marsy’s Law, the state constitutional provision protecting crime victims’ rights. He said he was unaware of any victims’ families being notified about the commutations.

Several prosecutors argued that the plan would replace hundreds of individual jury decisions with a single statewide action. In each case, they said, jurors considered the evidence and decided whether a death sentence was warranted, with judges and appellate courts later reviewing the verdicts.

“A single order commuting all of them would set aside hundreds of individualized judgments without examining the facts of even one,” San Luis Obispo County District Attorney Dan Dow said.

San Joaquin County District Attorney Ron Freitas said the plan dismissed the work of jurors and would reopen painful wounds for victims’ families. He also argued that voters had repeatedly backed capital punishment at the ballot box.

California voters rejected initiatives to repeal the death penalty in 2012 and 2016. In 2016, they also approved Proposition 66, which changed procedures for challenging death sentences and was intended to speed up the process. The prosecutors say Newsom’s plan disregards those votes without changing the law.

Some district attorneys suggested they may pursue legal options. San Diego County District Attorney Summer Stephan said her office was researching possible lawful remedies to ensure victims’ views are heard. Kern County District Attorney Cynthia Zimmer said the plan “will be challenged.”

Los Angeles County District Attorney Nathan Hochman acknowledged that the governor has constitutional authority to commute sentences, but said that authority does not allow him to abolish the death penalty. That, Hochman said, would require action by the Legislature or voters. Newsom’s announcement says the plan does not repeal capital punishment and applies only to the state’s current death sentences.