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12 Staff Report - Moratorium on Death PenaltyDATE: COUNCIL AGENDA REPORT OCTOBER 3,2005 MEETING DATE:10/3/05 ITEM NO.1~ TO: FROM: SUBJECT: MAYOR AND TOWN COUNCil.-· DEBRA J.FIGONE,TOWN MANAGER DISCUSS'AND CONSIDER A REQUEST TO SUPPORT RESOLUTION TO PLACE A MORATORIbM ON DEATH PENALTY RECOMMENDATION: Discuss and consider a request to support a resolution to place a moratorium on the death penalty. BACKGROUND: On Monday,August 1,2005,members of the public requested that Council support a resolution to place a moratorium on the death penalty as described in the attached correspondence (Attachment No.3).In accordance with Council's process for placing items on the agenda for consideration,Vice Mayor McNutt and Council Member Glickman voted to place the moratorium issue on a future agenda for discussion. DISCUSSION: The isSue of placing a moratorium on the death penalty has not been referred to staff for analysis;however, Council has made specific information requests.In response to these requests,the following information is .being provided for Council's review and consideration: •Has this issue been raised at the State level? See Attachment No.1:Assembly Bill 1121,"California Moratorium on Executions Act" •What is the Town Council's policy on resolutions,commendations,andproclamations? See Attachment No.2:Policy Statement Concerning Commendations and Proclamations •What is the League ofCalifornia Cities'position on the moratorium legislation? The League of California Cities has taken a "watch"position on AB 1121 (California Moratorium on Executions Act),meaning it will observe and track the development and movement of the bill through the legislative Ca:" PREPARED BY:~~......o.cp'fU AMA AdJin.inj.stJ;ative rograms Manager· N:\i\1GR\JHaruyama\StaffReports\mor~um.wpd l Reviewed by:~Assistant Town Manager ~~ ___Finance __Community Development Reformatted:5/30/02 own Attorney Clerk Administrator Revised:9/29/05 9:09 am PAGE 2 MAYORANDTOWNCOUNC~ SUBJECT:DISCUSS AND CONSIDER A REQUEST TO SUPPORT A RESOLUTION TO PLACE A MORATORIUM ON DEATH PENALTY October 3,2005 •Have other municipalities been asked to support a resolution placing a moratorium on the death penalty?Which cities?. Staff contacted various cities in Santa Clara County to detennine if they have taken action on a resolution supporting a moratorium on the death penalty.The following is a list of municipalities that were contacted: City of San Jose: City of Santa Clara: City of Los Altos: City of Sunnyvale: City of Mountain View: City of Campbell:. City of Palo Alto: City of Saratoga: City of Gilroy: City of Morgan Hill: County of Santa Clara: No action to date No action to date No action to date No action to date Majority of the Mountain View City Council agreed to not authorize its Human Relations Commission to add the moratorium resolution to its current workplan for review and discussion. No action to date Adopted resolution supporting a moratorium on the death penalty No response to staff inquiry to date No response to staff inquiry to date No response to staff inquiry to date Adopted resolution supporting a moratorium on the death penalty Also attached for Council's infonnation is correspondence received regarding the moratorium issue. FISCAL IMPACT: There is no fiscal impact associated with taking a support position on a moratorium on the death penalty, with the exception of any required administrative support associated with Council's action. Attachments: I l I Attachment No.1: Attachment No.2: Attachment No.3: Attachment No.4: Attachment No.5: Assembly Bi111121,"California Moratorium on Executions Act" Policy Statement Conc.eming Commendations and Proclamations Correspondence submitted by Tab Morales at the August 1,2005 Council meeting Correspondence submitted by Fellow Stearns,dated August 10,2005 Correspondence submitted by Jane Hills,dated September 27,2005 AMENDED IN ASSEMBLY JUNE 20,2005 CALIFORNIA LEGISLATURE-2005-o6 R:EGULAR SESSION ,ASSEMBLY BILL No.1121 Introduced by Assembly Member Koretz Members Koretz and Lieber (Principal coauthor:Senator Cedillo) (Coauthors:Assembly Members Dymally and Leno) February 22,2005 An act to amend Section 1216 of 3700 oj;and to add Section 3700.1 to,the Penal Code,relating to sentencing. LEGISLATIVE COUNSEL'S DIGEST' AB 1121,as amended,Koretz.Sentencing. Existing law establishes the sentence of death as the penalty for certain crimes under particular circumstances,as specified. This bill,would place a moratorium on the carrying out of any executions,as specified,until certain criteria are met,or,failing that, until January 1,2009,as specified.The bill would require make findings and state declarations of the Legislature'relative to the California Commission on the Fair Administration of Justice,as sp?cified. Existifig .law'provides that if jti~ellt is for imprisonment ifi the state prisoll,the sheriff of the eounty shall,.among other dtities,tiPOll receipt of a eertified abstract or milltite order thereof,talre afld delivCf the defendant to the wardell of the state priSOll. This bill v;otild make a technical,llollsubstantr.:e change to those provisions.. Vote:majority.Appropriation:no.Fiscal committee:oo-yes. State-mandated local program:no. 98 ,--------_._--_._-----...- ATTACHMENT 1 AB 1121 -2- The people ofthe State ofCalifornia do enact as follows: 1 SECTION 1.The'Legislature finds and declares the 2 following: 3 (a)Pursuant to Senate Resolution 44,on August 27,2004,the 4 Senate resolved to establish the California Commission on the 5 Fair Administration ofJustice. 6 (b)The California Commission on the Fair Administration of 7 Justice will study and review the administration of justice in 8 California to determine the extent to which that process has 9 failed in the past,resulting in wrongful executions or the 10 wrongful conviction of innocent persons.The commission will 11 examine ways ofproviding safeguards and making improvements 12 in the way the criminal justice system functions and make any 13 recommendations and proposals designed to further ensure that 14 the application and administration of criminal justice in 15 California is just,fair,and accurate. 16 (c)The commission will be conducting its work and must 17 complete its study and make any recommendations for reform by 18 December 31,2007. 19 (d)There are currently more-than 640 inmates on death row 20 in California,more than any other state in the country,and of 21 those 640,more than 20 have appeals pending in the Ninth 22 Circuit Court of Appeals,which is'the final procedural step 23 before execution dates are set for those inmates whose 24 convictions and sentences are affirmed.. 25 (e)Because of the mature state of the appeals and habeas 26 proceedings in so many death penalty appeals,it is highly likely 27 that prior to December 31,2007,dozens of execution dates will 28'be set,clemency proceedings will occur in those cases,clemency 29 decisions will need to be made,and if clemency is not granted, 30 executions will occur,all without the benefit of the California 31 Commission on the Fair Administration ofJustice'sfindingsand 32 recommendations. 33 (f)In light of the final and irrevocable nature of the death 34 penalty,and to ensure that no innocent person is ever executed in 35 this state,it is necessary to place a moratorium on executions 36 until the work of the California Commission on the Fair 37 Administration ofJustice is completed. 3-8 SEC.2.Section 3700 ofthe-Penal Code is amended toread: 98 -3-AB 1121 I I J I i 1 3700.No judge,court,or officer,other than the Governor, 2 can suspend the execution of a judgment of death,except the 3 warden of the State prison to whom he or she is delivered for 4 execution,as provided in the six sueeeeding seetions this 5 chapter,unless an appeal is taken. 6 SEC.3.Section 3700.1 is added to the Penal Code,to read: 7 3700.1.(a)There is hereby imposed a moratorium on the 8 carrying out of executions in this state.The warden of the state 9 prison to whom an inmate is delivered for execution shall not 10 carry out any executions during the moratorium period. 11 (b)The moratorium period shall commence upon the date this 12 section becomes effective,and shall continue·until the 13 Legislature has fulZy considered any recommendations of the 14 California Commission on the Fair Administration ofJustice and 15 has enacted legislation end{ng the moratorium period,provided 16 however,that if the Legislature fails to enact legislation ending 17 or extending the moratorium period,the moratorium shall end on 18 January 1,2009. 19 (c)Once the moratorium has ended,any datefor an execution 20shallbe set as provided by Section 1227. 21 SECTION.1.Seetion 1216 of the Penal Code is amended to 22 ~ 23 1216.If the judgment is :fufimprisonm:ent ill the state prison, 24 the sheriff of the eounty shall,upon reeeipt of a eertified abstraet 25 or minute order thereof,take and de1i.-.'ef the defendaI'tt to the 26 warden·of the state prison.The sheriff also shall delrv"er to the 27 warden the eertified abstraet of the judgment or minute order,·a 28 Criminal Investigation and Identifieation (GIl)nmnber,a 29 Confidential Medieal/Mental Health Inf8fftiation Tftmsfer Form 30 indieating that the defendant is medieaHy eapable of being 31 .transported,and shall take from the warden a ·reeeipt :fur the 32 defendant. o 98 COUNCIL POUCY TOWN OF LOS GATOS Subject: POLICY STATEMENT CONCERNING COMMENDATIONS AND PROCLAMATIONS Page 1 of 1 Enabling Actions: Approved:Effective Revised Date:Date:~1/_1_9/_93 _ PURPOSE To clarify the process for issuing proclamations and commendations. POLICY All matters proposed for Councilor Mayoral action which commemorate a period of time or commend the actions of a person or a group or endorse a position or an idea not directly related to the affairs of the Town shall be screened by the Mayor. If a group or individual requests such action,and the Mayor determines that there is no substantial political issue concerning such action,the Mayor may issue a proclamation or commendation. If the supporting group or individual requests Council action rather than a Mayoral proclamation or commenda~ion,the Mayor may place a resolution on the agenda for Council action depending on the importance of the action and the amount of additional business on the Council agenda.. APPROVED AS TO FOR~.~ own Attorney 1- ~ I MGR044 A:\TCPOLICY\POLICY3 Information that Citizens Should Know About the Death Penalty COSTS First Degree murder trials cost about $650K.Death Penalty cases cost about $1.2 to $1.3 M.First Degree Murder cases take about 5 to 7 years.Death Penalty cases take about 20 years.It costs approximately $90,000 a year to house an inmate on death row compared to $30,000 for the general population resulting in an additional cost of $57.5 million annually.. It is planned to build a new death row in San Quentin at a cost of $200M. Under the death penalty system trials have two separate phases (conviction and sentencing). Convicted defendants are entitled to an automatic appeaL More investigative costs are generally incurred in capital case,particularly by the prosecution. Innocence Issues Over 117 persons have been exonerated and released from death row.2/3 of death penalty convictions are set aside.Locally,Budddy Nickerson,sentenced to Life Imprisonment Without Parole on a Capital Murder charge,was released after serving 19 years.The cost of this case was several million dollars (there were two mistrials). The Senate Rules Committee has appointed a Commission on the Fair Administration of Justice (created by SR 44)to study the criminal justice system and the death penalty. Support for a Death Penalty Moratorium Statewide over 300 organizations have passed moratorium resolutions,including Santa Clara County Board of Supervisors and Palo Alto City Council.Recently almost 200 Los Gatos residents have signed moratorium petitions.Also,we received 70 letters of support. Town Council Business? "California Law gave municipalities and counties the authority to pass resolutions pertaining to national,local and state policies."Palo Alto Council Member Kleinberg. Unfortunately homicides do occur in Los Gatos.Innocent persons have been convicted of capital murder.Surely the case of a Buddy Nickerson qualifies as city business.The extra costs of the death penalty affects us aU in the diversion of public funds that could be used for crime prevention,. violence prevention,assistance to family members of victims and our schools.. Request to the Town Council It is requested that Los Gatos Town Council support a resolution calling for a moratorium on the death penalty whilst the Commission on the Fair Administration of Justice studies the criminal justice system and the death penalty (scheduled to run for 3 years). ATTACHMENT 3 From: To: Date: Subject: <fcstearns@verizon.net> <pgarcia@town.los-gatos.ca.us> 8/10/2005 11 :59:17 AM Contact/Feedback Fellow C.Stearns 14521 S.Bascom Ave. Los Gatos California 95032 A contact/feedback form has been processed for the Town of Los Gatos and forwarded courtesy of Boardwalk Internet Corporation.The information provide follows: Name: Address: City: State: Zip Code: Telephone: Facsimile:408356-9144 Email:fcstearns@verizon.net Info:General Comment Comments:We strongly object to our town council wasting our tax dollars discussing issues they have no authority over.ie:death penalty,Iraq war. please keep topics of discussion on problems you are elected to solve. Fellow &Molly Stearns Dennis &Linda Dehart Judy Fotion I I I l I i Processed:August 10,2005 (Wednesday) ATTACHMENT 4 September 27,2005 Ms,Debra 1.Figone,Town Manager Town Manager's Office Town of Los Gatos 110 E.Main Street Los Gatos,CA 95031 (!}U'.~JhvI °SEP 2 720:.J! TOWN OF LOS GATOS CLERK DEPARTMENT O~<~~:l_ SEP 2 7 2005 Re:Packet for Council Members,October 3,2005 Council Meeting Dear Ms,Figone, A group of concerned Los Gatos residents will address the Town Council at the scheduled October 3,2005 Town Meeting requesting a Resolution to adopt a Moratorium on executions in California.Please find enclosed a packet of information containing important background information on this critical issue,We would be most grateful if you could distribute copies of this informational packet to the Mayor and to Council Members prior to the October 3,2005 meeting.Thank you for your assistance with this matter. Sincerely, \7C;(/1/\E H-({(~~ Jane Hills 100 Vasona Oaks Drive Los Gatos,CA 95032 (408)395-8230 Enclosure:Death Penalty Moratorium Background Information ATTACHMENT 5 Death Penalty Moratorium Background Information •Summary Letter •Moratorium Draft Resolution •Commission on the Fair Administration of Justice •Fact Sheet •Death Penalty:Racial Disparities -San Jose Mercury 9/22/05 •Organizations Calling for a Time Out on Executions in California •Exonerations in California •Error Rates in Capital Cases ~Columbia Law School •Los Gatos Support for a Death Penalty Moratorium o Petitions o Letters to the Editor o Letters of Support File ID:DPBackground9230S I , !I. ! i i I I ~ I To: Mayor Mike Wasserman Vice-Mayor Diane McNutt Council Member Steve Glickman Council Member Joe Pirzynski Council Member Barbara Spector September 25 th ,2005 Dear Members of the Los Gatos Town Council, As you are aware there is increasing discussion throughout the nation,the state and indeed Los Gatos about the acknowledged injustices,risk of execution of the innocent associated with implementation of the death penalty.Recognizing these flaws the State Senate has appointed a Commission on the Fair Administration of Justice to study the criminal justice system and the death penalty. We urge the Los Gatos Town Council to pass a resolution calling for suspension of executions whilst the Commission on the Fair Administration of Justice studies the death penalty for a period of 3 years. There is extensive support for a time out on executions.Locally,the cities of Palo Alto,Menlo Park,East Palo Alto,Oakland,Berkeley,Portola Valley and Santa Cruz have passed moratorium resolutions. Additionally,County Board of Supervisors for Santa Clara,Marin,San Francisco and Alameda have also passed resolutions calling for time out on executions.Additionally,over 300 organizations in California have passed moratorium resolutions,including the San Jose Mercury.The American Bar Association has also called fof a halt in executions. We are also concerned about the soaring costs of the death penalty~Executions cost far more than the alternative of Life Imprisonment Without Parole.These extra costs affect us all,including taxpayers of Los Gatos,in the diversion of public funds that could be used in crime prevention,support for family members of victims and in our schools. Another major concern is the risk of execution of the innocent.There is mounting evidence that the death penalty is seriously flawed.There have been miscarriages of justice which have also touched residents of Los Gatos.Buddy Nickerson,a local resident,spent 19 years in prison for a crime he did not commit. The question has been raised as to whether consideration of the death penalty by the council is city business.In fact it is very much city business.As citizens we are called on to siton juries to decide the issue of life or death in capital cases.As noted by Palo Alto Council Member Kleinberg "California Law gave municipalities and counties the authority to pass resolutions pertaining to national,local and state policies."Additionally there is strong community support for a moratorium on the death penalty as evidenced by the hundreds of person that h~ve signed petitions. We urge you to join the cities of San Francisco,Oakland,Santa Cruz,Menlo Park,East Palo Alto and Berkley in calling for a moratorium on the death penalty. For Los Gatos Citizens for a Moratorium on the Death Penalty Resolution for a Moratorium on Executions in California WHEREAS,more than 640 men imd :women currently await execution in the state of California,the· most in the nation;AND at least five men convicted of capital murder in California since the death penalty was reinstated in 1977 were subsequently freed after having been found to be wrongly convicted;AND since 1973,119 people in 22 states have been released from death row with evidence· of their innocence;. WHEREAS,the application ofthe death penalty across the United States and in California has been shown to be arbitrary,capricious and unfair;AND a June,2000 Columbia University study entitled "A Broken System"determined that appellate review of death sentences nationwide had found reversible error in 68%of these cases;that in 82%ofthe cases retried after reversal,a death sentence was not issued;AND the Joint Legislative Budget Committee of the California Legislature has estimated that elimination of the death penalty would result in a net savings to state and local governments of at least tens of millions of dollars annually -money that could be used by governments to fund measures that deal with the root causes of crime and other social needs;AND a June,2000 Field poll indicated that 73%of the California public favor an immediate halt to executions in the form of a moratorium while the reliability and fairness of the death penalty are studied; WHEREAS,the American Bar Association has called for a moratorium on executions and the Republican Governor ofIllinois,George Ryan,enacted a moratorium in 2000 aftet 13 condemned individuals were exonerated and released from death row.;AND one of the largest nationally organized victims'rights groups,Murder Victims Families for Reconciliation,whose membership is comprised ofthose whose loved ones have been lost to murder,has called for abolition of the death penalty as a way of breaking the cycle of violence;AND over 3,000 organizations,85 local governments,and numerous state legislatures (including legislatures of the states of Connecticut, Indiana,Kentucky,Mississippi,Missour~New Jersey,North Carolina,Pennsylvania,Tennessee, .Texas,Washington,and California jurisdictions such as the counties of Santa Clara,Alameda,Marin and San Francisco,and the cities of Menlo Park,Sebastopol,East Palo Alto,Palo Alto,Salinas, Oakland,West Hollywood,Berkeley,and Santa Cruz)have called for or have pending legislation calling for a moratorium on executions based on concerns about racial and economic discrimination, geographic disparities in sentencing,and the risk of executing innocent people and the mentally impaired. BE IT THEREFORE RESOLVED that The Town Council of Los Gatos join the call for a moratorium on executions in California whilst the Commission on the Fair Administration of Justice studies the death penalty because we believe:1)there is a risk of executing innocent persons;2)there is discrimination on the basis of race,ethnicity,national origin,geography,or economic status,and 3) unfair and unreliable death sentences are caused by inadequate representation by defense counsel and/or improper and arbitrary conduct by the police arid prosecution. Now,therefore,The Town Council of Los Gatos resolve that copies of this resolution shall be forwarded to Governor Schwarzenegger,our state representatives and members of our Congressional delegation. Ratified by: I I i Contact Person: Address: City: State: Zip: Phone: Email: Date: Signature: Commission on the Fair Administration of Justice SACRAMENTO-The Senate Rules Committee today announced the following appointments made November 29: Commission on the Fair Administration of Justice (Created by SR 44 /Sen.John Burton). Judge John Moulds,Sacramento -Magistrate Judge for the U.S.District Court Eastern District of CA since 1986.He is a Democrat.Named as Chair. Nina Salarno Ashford,Auburn -Attorney,Law Office of Nina Salarno Ashford and a member of Crime Victims United.She is a Republican. Sheriff Lee Baca,San Marino -Sheriff of Los Angeles County since 1998.He is a Republican. Kim Burton-Cruz,San Francisco -Managing Attorney,Children and Family Services,San Francisco City Attorney's Office;fonner San Francisco Public Defender.She is a Democrat. Rabbi Allen Freehling,Pacific Palisades -Executive Director ofthe Los Angeles City Human Relations Commission.He is a Democrat. Jim Fox,San Carlos -District Attorney for the County of San Mateo since 1983.He is a Democrat. Bill Hing,San Francisco -P.rofessor of Law and Asian American Studies at UC \..Davis.He is a Democrat. Michael Judge,Pacific Palisades -Public Defender of Los Angeles County since 1994;has been an attQrney with the department since 1969.He is a . Decline to State. Michael Laurence,San Francisco -Executive Director of the Habeas Corpus Resource Center since 1998.He is a Democrat. Attorney General Bill Lockyer (or his designee) Alejandro Mayorkas,Los Angeles -Former US Attorney and currently Partner with the law firm of O'Melveny &Myers LLP.He is a Democrat. Doug Ring,Los Angeles -President and Owner of the Ring Group,a real estate development firm.He is a Democrat. Kathleen Ridolfi,San Jose -Director ofthe Northern California Innocence Project,Santa Clara University School of Law.She is a Democrat. Jon Streeter,Berkeley -Partner of the law firm ofKeker &Van Nest; President of the Bar Association of San Francisco.He is a Democrat. The commission is scheduled to sunset 12/31/07 Fact Sheet COSTS It costs approximately $60,000 more a year to house an inmate on death row,than in the general prison population or additional cost of $39 million annually. First Degree murder trials cost about $650K.Death Penalty cases cost about $1.2 to $1.3 M.First Degree murder cases take about 5 to 7 years.Death Penalty cases take about 20 years.Additionally,it is planned to build a new death row in San Quentin at a cost of $200M. Elimination of the Death Penalty may free up funds for local improved public safety,violence prevention programs and for schools. Innocence Issues Nationally,119 persons have been exonerated and released from death row.2/3 of death penalty convictions are set aside.Locally,Budddy Nickerson,sentenced to Life Imprisonment Without Parole on a Capital Murder charge,was released on a judge's order after serving 19 years.The costs of this case which led to 2 mistrials cost millions of dollars. The Senate Rules Committee has appointed a Commission·on the Fair Administration of Justice (created by SR 44)to study the criminal justice system and the death penalty. Town Council Business? "California Law gave municipalities and counties the authority to pass resolutions i pertaining to national,local and state policies."Palo Alto Council Member Kleinberg. Unfortunately homicides do occur in Los Gatos.Innocent persons have been convicted of capital murder.The extra costs of the death penalty affects us all in the diversion of public funds that could be used in crime prevention,assistance to family members of victims and our schools.It should be noted that the Town Council has passed a resolution on a national issue with local implications dealing with the Patriot Act. Request to the Town Council It is requested that Los Gatos Town Council support a resolution calling for a moratorium on the death penalty whilst the Commission on the Fair Administration of Justice studies the criminal justice system and the death penalty (scheduled to run for 3 years). File 10:Igfacts92305 ·stateNe ..".;;;:.".'"-~'-r--~-;-~"-'- '.".-." STUDY INDICATES ' RACIAL DISPARITIES., By Howard M"mtz·, Mercury NeWs A convicted murderer is far ' more likely to be sentenced to death in California if the vic-I tim is white and if the crime , o~curs in'a predorilinantly .I' white,rural county,according '.' to a study soon to be pub-:'.: lished in theSanta'CIara Uni-. versity law review.: In anexamfuation of more than 260 of the state's'death' penalty cases and data on Cal- ifornia mUrders during the 1990s,two researchers con- cluded the state is plagued by . racial and geographical dis- parities that have been identi- fied in other capital punish- ment states.. Study findings The study,'distributed Wednesday by the American Civil Liberties Union,found that defendants who murder . whites are four times more likelyto·be sentenced to death than those who kill Latinos, and three times more likely to face execution than those who murder African-Americans. There are more black and La- tino murder victims than white murder victims. The study was conducted by Glenn Pierce,a criminal justice professor at North- eastern University,and Mi- chael Radelet,a Colorado Uni- versity sociology professor. Radelet said Wednesday the study confirmed suspicions that California doesn't apply the death penalty equally. .S "Nobody has'ever'done ir.} race study in California,so". we're able to tell the story. more .acCurately'than any;'.:: body told before,":he addedl>.f':'i{ . .California,·with nearly 650 ": ."condemned.inmates,haSthe,.',: .largest death "rOW in'the 'rial':: tion.The,study 'discounted,: race of the murderer asa Cen..;·.' tral factor in the impositlonof .a death Senten,ce,a difference ...:from some other states where ·:'critics 'say black .defEmdants .'.'have'been urifairly targeted.·.... .'.,California has ·executed·n·· <.'men since restoring thedel'Ji;h,. '.';..penalty in 1978 and may1>¢:'oii-' "/:the brink ofseveral more.~xec". :;fl!~&:i~> \-.;cidewhether tohear.:theJaSt<· -:ditch appeals of-twodeath-.' .row inmates,.iilcludiIig~tan .....'leyt'Toakie"Willliuns,the foro;' mer Los Angeles gang leader. who has been nominated for a ·Nobel Peace Prize for ,his pris- on work against youth gangs, .Dave·LaBahn,executive di- rector of the California Dis- trict Attorneys Association, was not available for com-: mentWednesday.-.., But the state's prosecutors have consistently maintained . that California has a fair jus- tice system for death penalty defendants.In a 2003 re- sponse to concerns about the death penalty,the organiza- tion said there is not racial bi- as in the state's system and that California death'sentenc- es get more thorough review from .the courts than any- where in the country...' A state commission formed by the Legislature is currently in the early stages of .~xamin ing the death-penalty system. Contact Howard Mintz at hmintz@mercurynews.com or· (408)286-0236. ,SAN JOSE MERCURY NEWS ",-~THURSDAY,SEPTEMBER 22,2005.;58 Death Penalty Focus Welcome Facts Moratorium Join DPF About Merchandise Events List of Endorsements Organizations Calling for a Time-Out on Executions in California City of Berkeley City of East Palo Alto City of Menlo Park City of Palo Alto City of Portola Valley* City of Oakland City of Salinas City of Santa Cruz City of Santa Monica City of Sebastopol City of West Hollywood County of Alameda County of Marin County of San Francisco County of Santa Clara 100 Black Men of Los Angeles,Inc. A Course in Miracles Study Group (Weed) Abolition Road (Rohnert Park) Action Coalition for Global Change Action Resource Center (Venice) Adrian Dominican Sisters (California) Alameda County Democratic Central Committee Alameda County Democratic Lawyers Club Alameda County Democratic Party Alameda County Public Defenders Association Alpine Farms (Alpine). American Civil Liberties Union (ACLU): -of Northern California -of Southern California -Berkeley Chapter -Marin Chapter -Monterey Chapter -Redwood Chapter -Oakland Chapter -San Diego Chapter -Santa Barbara Chapter -Santa Clara Valley Chapter -Sonoma County Chapter All Saints Church (Pasadena) All Saints Catholic Church (Los Angeles) Americans for Democratic Action (Los Angeles) American Federation of Teachers,AFT Local 2121 (San Francisco) American Friends Service Committee -Pacific Southwest Region -Pacific Mountain Region American Jewish Committee (Los Angeles) American Jewish Congress American Arab Anti Discrimination Committee (ADC-West) Amnesty International USA -California High School Chapter -Hillcrest Chapter -Lake County Chapter http://v.,',V\V .death pena Ity.org/i ndex.php?pi d=coal iti on Page 1 of8 9/21/2005 Death Penalty Focus -Los Angeles Chapter #467 -Marin Chapter -Oak View Chapter .-Oakland Chapter -Ocean Beach -Palo Alto Chapter -San Diego -San Francisco Chapter -San Jose Chapter -Santa Rosa Chapter -Sierra Foothills Group #628 -University of Redlands Chapter Archdiocese of Los Angeles,Office of Detention Ministry Archdiocese of Los Angeles,San Gabriel Pastoral Region Archdiocese of San Francisco Area Support Group for Family &Friends of Prisoners Armenian Orthodox Church Art &Revolution Convergence (San Francisco and Santa Cruz Groups) Asian American Bar Association Asian Law Caucus (San Francisco) Asians &Pacific Islanders for Community Empowerment (API FORCE)(San Francisco) Association of Micro-Power Broadcasters (Berkeley) Bar Association of San Francisco Bay Area Campaign to Free Mordechai Vanunu Bay Area Police Watch (San Francisco) Berkeley Bowl Marketplace Berkeley Democratic Club Berkeley Fellowship of Unitarian Universalists Berkeley Gray Panthers (Berkeley) Berkeley Peace and Justice Commission (Berkeley) Berkeley Zen Center Beverly Hills Bar Association (Beverly Hills) BiPol,Jewish Bisexual Caucus (San Francisco) BiPol San Diego Board of Rabbis of Northern California Books Not Bars (San Francisco) Boys and Girls Club of Venice Buddhist Peace Fellowship (California) Buddhist Peace Fellowship Prison Project Butte Alliance for Medical Marijuana (Chico) California Attorneys for Criminal Justice California Catholic Conference California Church IMPACT California Coalition for Women Prisoners California Democratic Party California Faculty Association -San Francisco State University -San Jose State University California/Nevada Annual Conference of the United Methodist Church California Newsreel (San Francisco) California People of Faith Working Against The Death Penalty (CPF) California Prison Focus (San Francisco) California Province of the Society of Jesus California State Bar Conference of Delegates California Young Democrats Campaign to End the Death Penalty (Berkeley and Los Angeles chapters) Carmelite Sisters,DCJ (La Mesa) Catholic Worker of Orange County Catholics Against the Death Penalty Center for Environmental Health (Oakland) Central California Criminal Justice Committee (Fresno) Chico Bill of Rights Defense Committee Christian Prophets of Jehovah,Inc.(Fresno) Church in Ocean Park (United Methodist) CIS PES (Los Angeles) City of Alameda Democratic Club Claremont United Methodist Church http://www.deathpenalty .org/index.php?pid=coalition Page 2 of8 9/2]/2005 Death Penalty Focus Community of Nurturing Conversation (Santa Rosa) Conference Board of Church and Society for the United Methodist Church Conference of Delegates of the California Bar Association - Conference of Social Justice Coordinators of Southern California Congregation of Beth-EI Council of Churches,Santa Clara County (San Jose) Criminal Courts Bar Association Criminal Defense Lawyers Club of San Diego Criminal Justice Consortium (Oakland) Critical Resistance (Oakland) Culver Marina Bar Association Death Penalty Action Team (San Francisco) Death Penalty Focus Democratic Women's Club of Santa Cruz County Democratic Women's Forum (San Francisco) Democrats of the Desert (Riverside County) Diocese Of Oakland Diocese of Sacramento Diocese of San Bernardino Diocese of San Jose (Human Concerns Commission) Dolores Mission Church (Los Angeles) Dominican Sisters of Mission San Jose Dominican Sisters of San Rafael Dominican Sisters,St.Catherine Priory (Anaheim) Dominican Sisters,St.Frances Cabrini Convent (Los AngeleS) East Bay Church of Religious Science East Bay Community Law Center East Bay Peace Action (Albany) EI Cerrito Democratic Club Ella Baker Center for Human Rights Esperanza!(Huntington Beach) Evangelical Lutheran Church in America,Sierra Pacific Synod Faith United Methodist Community Church (Los Angeles) Families to Amend California's Three Strikes Family and Friends of Prisoners Support Group Father Bill O'Donnell Soci.al Justice Committee (Berkeley) First Hebrew Congregation of Oakland,Temple Sinai First Mennonite Church of San Francisco First Unitarian Universalist Church of San Francisco First Unitarian Universalist Church of Stockton First Unitarian Universalist Group of San Diego,Peace and Democracy Action Group Fort Jones United Methodist Church,Administrative Council (Etna) Franciscan Affinity Group (Berkeley) Franciscan Sisters of the Sacred Heart (Altadena) Fresno Center for Nonviolence Friends Committee on Legislation of California (Sacramento) Grandmothers for Peace International (Elk Grove) Gray Panthers of Greater Oakland Gray Panthers of Marin Gray Panthers of Sacramento Gray Panthers of San Francisco Gray Panthers of West Contra Costa County (EI Cerrito) Greek Orthodox Cathedral of the Ascension (Oakland) Greater Hayward Democratic Club Green Party of Alameda County Green Party of Lake County Green Party of San Diego County Hayward Democratic Club Headwaters Action Video Collective (Redway) High Desert Catholic Worker (Riverside County) Holy Faith Episcopal Church (Inglewood) Housing America (San Francisco) Human Relations Commission,City of Los Angeles Human Relations Commission,Orange County Human Relations Commission,City of Palo Alto Human Relations Commission,City of San Diego Human Relations Commission,Santa Barbara County bttp://v-.,rww.deathpenalty.org/index.php?pid=coaliti on Page 3 of8 9/21/2005 Death Penalty Focus Human Relations Commission,Santa Clara County Human Rights Commission,Marin County Human Rights Watch -California Humboldt Mediation Services (Eureka) Humboldt Unitarian Universalist Fellowship (Bayside) Immaculate.Heart Community Inner Change (San Francisco) Interfaith Council on Religion,Race,Economics,?t Social Justice (San Jose) International Jewish Peace Union (Berkeley) International Museum of Human Rights (San Diego) Islamic Networks,Inc.(San Jose) James Markunas Society (San Francisco) Jobs for a Future/Homeboy Industries (Los Angeles) John George Democratic Club (Oakland) Kehilla Community Synagogue (Berkeley) Kennedy Club of the San Joaquin Valley (Fresno) Kol Ami Congregation (West Hollywood) La Pena del Sur (San Francisco) La Raza Centro Legal (San Francisco) Labor/Community Alliance (Coarsegold) Labor/Community Strategy Center:Community Rights Project Lake County Democratic Club Lakeshore Baptist Church (Oakland) League of United Latin American Citizens (LULAC) -State Board -Salinas Chapter Legal Services for Prisoners with Children Lesbian and Gay Insurrection (LAGAI) Little Portion Franciscan Fraternity (Irvine) Los Angeles Catholic Worker Los Angeles County Bar Association Los Angeles County Public Defenders Association Los Angeles Times Lutheran Office of Public Policy (Sacramento) Lyrica Jerichombustion (Berkeley) MAJESTIC:Mumia AbU-Jamal's Emancipative Stanford Team Investigating Change Marin County Progressives Marin Death Penalty Moratorium Movement Marin Democratic Club Marin Interfaith council Marin Interfaith Task Force on the Americas McDargh Communications (Dana Point) Media Alliance (San Francisco) Media Watch (Santa Cruz) Men Enabling New Solutions (Los Angeles) Mercy High School Metropolitan Greater Oakland Democratic Club Micah 6:8 Monterey County Interfaith Committee for Social and Economic Justice Most Holy Redeemer Roman Catholic Church . Mt.Shasta Religious Science Society Muslim Public Affairs Council (Los Angeles) National Association for the Advancement of Colored People (NAACP) -Eureka Chapter -Monterey Penninsula Chapter -Salinas Chapter -Santa Cruz Chapter -Santa Rosa/Sonoma County Chapter National Alliance for Positive Action (Southern California) National Coalition of Free Men,Northern California Chapter National Lawyers Guild,San Francisco Bay Area Chapter National Lawyers GUild,Los Angeles Chapter Neighborhood Unitarian Universalist Church -Social Justice Outreach Council (Pasadena) Network for a Hate Free Community,Santa Clara County New Fellowship United Church of Christ Church (Berkeley) Newman Center Catholic Community,UCSD Nicaragua Center for Community Action (Berkeley) http://www.deathpenalty.org/index.php?pid=coalition Page 4 of8 9/21/2005 Death Penalty Focus North County Times Northern California Interreligious Conference:Peace With Justice Commission Northern California War Tax Resistance Oakland Coalition of Congregations -Clergy Council .Oakland/East Bay Democratic Club Occidental Arts and Ecology Center O'Conner Hospital Parish Nurses . Office of the Americas (Los Angeles) Older Women's League,San Francisco Chapter OLINC Publishing (Fresno) Orange County Coalition Against the Death Penalty Orange County Death Penalty Watch our developing world (Saratoga) Our Lady of Guadalupe (Fremont) Out of Control Lesbian Committee to Support Women Political Prisoners (San Francisco) Pace e Bene Nonviolence Service (Oakland) Pacific and Asian American Center for Theology and Strategies (Berkeley) Padre Serra Parish Pasadena Mennonite Church Paulist Community of Los Angeles (Los Angeles) Pax Christi,San Francisco Bay Area Pax Christi,Sacramento Pax Christi,St.Joseph-Fremont Peace and Freedom Party,Los ·Angeles Peace and Freedom Party,San Francisco Central Committee Peace and Justice Center of Sonoma County Peace Fresno Peaceful Justice at Caltech Peninsula Peace and Justice Center (Palo Alto) People For Justice (San Diego) People Power!(Santa Cruz) Petaluma Progressives Physicians for Social Responsibility,Los Angeles Chapter Pilgrim's Hope Bible Church (Los Angeles) Poor Claire Missionary Sisters Porterville Unitarian Universalist Fellowship (Tulare County) Prison Activist Resource Center (Berkeley) Prison Educational Foundation of Sonoma County Prison Moratorium project (Oakland) Prison Radio Project (San Francisco) Progressive Jewish Alliance (Los Angeles) PUEBLO (Oakland) Queen of Angels Catholic Church (Alpine) Rabbinic Association of Greater San Jose Rainbow/PUSH Coalition Religious of the Sacred Heart of Mary-Leadership Team of the Western American Province Religious Society of Friends,Central Coast Preparative Meeting Religious Society of Friends,Chico Religious Society of Friends,Inland Valley Religious Society of Friends,Marin Religious Society of Friends,Monterey Peninsula Religious Society of Friends,Orange Grove Meeting Religious Society of Friends,Palo Alto Religious Society of Friends,Redwood Forest Religious Society of Friends,San Francisco Religious Society of Friends,Sacramento Meeting Religious Society of Friends,Santa Barbara Religious Society of Friends,Santa Cruz Religious Society of Friends,Ukiah Religious Society of Friends,Whittier Monthly Meeting Religious Witness with Homeless People (San Francisco) Richmond District Democratic Club (San Francisco) Rosalie Pizza (San Jose) Sacramento County Green Party Sacred Heart Church (Rancho Cucamonga) Sacred Heart Convent of Dominican Sisters (Los Angeles) Salinas Action League http://,,./\V\V .death penalty.org/i nd ex.ph p?pi d=coaliti on Page 5 of8 9/21/2005 Death Penalty F oeus Salinas Californian .San Bernardino Green Party Council San Bruno Mountain Watch (Brisbane) San Diego Criminal Defense Bar Association San Francisco Bay Guardian San Francisco Chronicle San Francisco Examiner San Francisco Food Not Bombs San Francisco Labor Council San Francisco Liberation Radio San Francisco State University Academic Senate San Francisco Women Against Rape San Jose Mercury News San Jose Peace Center San Rafael First United Methodist Church Santa Barbara County Green Party Santa Clara Democratic Central Committee Santa Cruz Action Network Santa Cruz Peace Coalition Santa Monica Democratic Club Santa Rosa Catholic Worker Santa Rosa Memorial Hospital,Pastoral Care Department School of Sisters of Notre Dame SEIU Local 616 (Oakland) Siena Community (San Jose) Sisters of Charity Blessed Virgin Mary (BVM),Sunland Sisters of Charity Blessed Virgin Mary (BVM),West Leadership Team (Los Angeles) Sisters of Mercy,Burlingame Regional Community Sisters of Mercy,Fair Oaks Sisters of Notre Dame De Namur,California Province Sisters of Providence (Los Angeles) Sisters of Santa Teresita (Los Angeles) Sisters of Social Service,Los Angeles Sisters of Social Service,Oakhurst Sisters of St.Benedict (Grand Terrace) Sisters of St.Joseph of Carondelet,Los Angeles Province Sisters of St.Joseph of Orange Sisters of St.Louis,Leadership Team (Woodland Hills) Sisters of the Company of Mary Sisters of the Holy Faith,St.Raymond's Convent (Downey) Sisters of the Holy Names,California Province Sisters of the Presentation (San Francisco) Sisters of the Sacred Heart of Jesus (Los Nietos) Social Justice Center (Marin) Society for the Progress of Peace,Prosperity &Goodness (Diamond Bar) Sophia Center (Oakland) Southern California Criminal Justi'ce Consortium Southern California Federation of Scientists St.Baranbas Episcopal Church St.Benedict Catholic Worker (Fresno) St.Bonaventure High School St.Camillus Catholic Center for Pastoral Cares St.Edward Community (Newmark) St.Francis of Assisi Catholic Church (Sacramento) St.Gabriel Parish Council St.Gregory's Armenial1 Orthodox Church (Pasadena) St.IgnatiUS Loyola Parish (Sacramento) St.Joan of Arc (Blythe) St.John the Baptist Pastoral Council (EI Cerrito) St.Joseph Church (Hawthorne) St.Joseph/Old Mission San Jose (Fremont) St.Luke's Presbyterian Church Session (Rolling Hills Estate) St.Martin de Tours Social Ministry St.Martin's Community (Fremont) St.Mary of the Valley Church (Yucca Valley) St.Patrick Respect Life Ministry (Moreno Valley) St.Paul's Lutheran Church (Oakland) http://vl\vw.deathpenalty.org/index.php?pid=eoalition Page 6 of8 9/21/2005 Death Penalty Focus . St.Peter's Convent (San Francisco) St.Peter Clauer (Simi) St.Philip the Apostle Parish (Occidental) St.Raphael's Church (San Rafael) Survivors International (San Francisco) Temenos Catholic Worker (San Francisco) Temple Sinai (Oakland) Tenderloin Housing Clinic (San Francisco) Throop Unitarian Universlist Church Tikkun Community (San Francisco) TIKKUN Magazine (San FranciscoO Tools for Change (San Francisco) Union for Reform Judaism-Pacific Southwest Council Unitarian Universalist Church of Davis Unitarian Universalist Church of Long Beach Unitarian Universalist Church of Monterey Peninsula-Social Concerns Committee Unitarian Universalist Congregation of Marin Unitarian Universalist Fellowship of Redwood City-Social Action Committee Unitarian Universalist Ministers Association-Pacific Southwest District Chapter Unitarian Universalists of San Mateo-Social Concerns Committee United Educators of San Francisco University of San Francisco Peace and Justice Coalition Ursuline Western Province (Santa Rosa) Valley Oak Park (Santa Rosa) Victim Offenders Reconciliation Program of Monterey Vote Health (Oakland) War Resisters League,Southern California Chapter West Contra Costa Rainbow Coalition (Richmond) Wordnet Productions (San Bernardino) Women and Work Study Group (Berkeley) Women's Equity Council of the United Nations Association -San Diego Women's International League for Peace and Freedom (WILPF) -Monterey Chapter -San Jose Chapter -Santa Cruz Chapter The Workmen's Circle/Arbeter Ring of Southern California (Los Angeles) Youth Advisory Task Force,Santa Clara County Youth Law Center (San Francisco) *A majority of council members sent letters to the Governor in lieu of a resolwtion. Page 7 of8 There are also over 100 National Organizations calling for a time-out on executions,including: American Bar Association American Psychiatric Association American Psychological Association Amnesty International USA Black Radical Congress Catholic Charities USA Episcopal Church,73rd General Convention Fellowship of Reconciliatior) Jewish Council for Public Affairs Jewish Peace Fellowship Leadership Conference of Women Religious League of Indigenous Sovereign Nations of the Western Hemisphere,Communications Group League of United Latin American Citizens MADRE NAACP National Association of Criminal Defense Lawyers National Assocation of Social Workers National Black Caucus of State Legislators National Black Police Association National Conference of Black Mayors National Gay and Lesbian Task Force Peace Action People for the American Way Union of American Hebrew Congregations http://\VW\V .death penalty.org/index.ph p0 pid=coalition 9/21/2005 Death Penalty Focus Union of Orthodox Jewish Congregations of America Unitarian Universalist Association of Congregations United Artists Against the Death Penalty United Electrical,Radio and Machine Workers of America (UE) To see a list of local jurisdictions that have passed a resolution,click here. Last Updated March 2005 Page 8 of8 Click For Site Map I General e-mail:info@deathpenalty.org http://wvl\v.deathpenalty.org/index.php?pid=coalition Telephone:415.243.0143 9/21/2005 Fact Sheet COSTS It costs approximately $90,000 more a year to house an inmate on death row,than in the general prison population or $57.5 million annually. First Degree murder trials cost about $650K.Death Penalty cases cost about $1.2 to $1.3 M.First Degree cases take about 5 to 7 years.Death Penalty cases take about 20 years. It is planned to build a new death row in San Quentin at a cost of $200M. Elimination of the Death Penalty would free up funds for local improved public safety,violence prevention programs and for schools. Innocence Issues Over 117 persons have been exonerated and released from death row.2/3 of death penalty convictions are set aside.Locally,Budddy Nickerson,sentenced to Life Imprisonment Without Parole on a Capital Murder charge,was released on a judge's order after serving 19 years.The costs of this case which led to 2 mistrials cost millions of dollars. The Senate Rules Committee has appointed a Commission on the Fair Administration of Justice (created by SR 44)to study the criminal justice system and the death penalty. Town Council Business? "California Law gave municipalities and counties the authority to pass re"solutions pertaining to national,local and state policies."Palo Alto Council Member Kleinberg. Unfortunately homicides do occur in Los Gatos.Innocent person's have been convicted of capital murder.The extra.costs of the death penalty affects us all in the diversion of public funds that could be used in crime prevention,assistance to family members of victims'and our schools. Request to the Town Council It is requested that Los Gatos Town Council support a resolution calling for a moratorium on the death penalty whilst the Commission on the Fair Administration of Justice studies the criminal justice system and the death penalty (scheduled to run for 3 years). Death Penalty F oellS Welcome Facts Moratorium Join DPF About Merchandise Events Welcome I ''Mess}ige from Mike Farrell Exonerations in California Introduction There have been numerous egregious miscarrages of justice in California.At least s.ix men have been sentenced to death who were either acquitted on the charge of murder or had their murder convictions overturned.We have also listed the cases of several men who were convicted of capital murder,non- capital murder and/or rape and were later exonerated after serving years in prison for crimes they didn't commit.T:his is by no means a complete list,but it should demonstrate how often wrongful convictions do occur in California.· ".Read a report from San Francisco magazine on exonerations in California (November 2004)[.pdf],. Death Row Oscar Lee Morris -2000* Oscar Lee Morris was freed in 2000 after 16 years in prison -six of them on death row -when his chief accuser issued a recantation and Los Angeles County Superior Court Judge William Pounders granted Morris a new trial.Prosecutors declined to try Morris anew,and he was set free. Page 1 of 4 I I l i Morris's case was marked by the controversial use of testimony from a felon granted leniency for his testimony,and the prosecution's failure to divulge this special relationship to the defense during the trial.The star witness later confessed that he had fabricated the entire case against Morris in return for favorable treatment in at least two criminal cases he was involved in.The chief prosecutor in the case, Arthur Jean,Jr.,is today a Los Angeles County Superior Court Judge.In a deposition about the case, Judge Jean said,"I wish I wasn't on record having participated in ·giving him [Morris]something less than a perfect trial,but I am.It's an embarrassing situation that I didn't do well at the trial,and I didn't handle things well.And misjudgments occurred,and I made them.And it'stough to look people in the eye and 'fess up with them sometimes." As a prosecutor,Mr.Jean had told the jury in Morris's case that "there is no evidence,not a shred,and you would know if it existed,if Mr.West [the witness]got any benefit from the handling of his criminal case."Records show that Mr.West in fact received a reduced sentence on a felony auto theft charge in return for his testimony against Mr.Morris,as well as termination of his prison sentence for parole violation.Mr.Jean's handling of the Morris case drew the wrath of the California Supreme Court when it considered Morris's automatic capital appeal and vacated his death sentence in 1988.Mr.Morris spent another 11 years in jail,until Mr.West recanted his testimony and Mr.Morris was released.(LA Daily Journal,Oct.29,2002) Lee Perry Farmer -1999 Farmer was convicted of fatally shooting 18-year-old Riverside,California resident Allyyn Schmidt-Till in June 1981.He spent 8 years on death row until a penalty phase retrial ordered by the California Supreme Court in 1991 ended with Riverside jurors reducing his sentence to life without parole.In 1997,the 9th Circuit Court of Appeals held that Farmer's own attorney at trial had ignored a confession to the murder by another man, Charles Huffman.On January 15,1999,Mr.Farmer was acquitted in a retrial by a jury,which was convinced that another man committed the murder.(San Jose Mercury ,News,Jan.1,2003;SF Daily Journal,May 13,1998) Troy Lee Jones -1996* http://\vww.death penalty .org/index.php?pi d=Innocence 9/21/2005 Death Penalty Focus The California Supreme Court ruled in June,1996 that Jones should have a new trial because he was not adequately defended at his original trial for the murder of Carolyn Grayson in 1981 (In re Troy Lee Jones on Habeas Corpus,917 P.2d 1175 (1996).The Court found that the defense attorney failed to conduct an adequate pretrial investigation,speak with possible witnesses,obtain a relevant police report,or seek pretrial investigative funds.Moreover,the attorney elicited damaging testimony against his own client during cross-examination of a witness.The prosecution dropped all charges against Jones in November 1996,after he had been on death row for 14 years.(Associated Press,11/19/96). Patrick "Hootie"Croy -1990 Croy was convicted of and sentenced to death for the murder of a police officer.The State Supreme Court overturned the conviction because the trial jury had been improperly instructed.On retrial, Croy's self-defense argument was supported by the fact that he had been shot by a 'police officer first and that he was trying to protect his life.Croy was acquitted because self-defense is a constitutionally protected claim.(People v.Croy,710 P.2d 392 (Cal.1985)and The San Francisco Daily Journal, 10/18/90). Page 2 of4 ./ Jerry Bigelow -1988 Mr.Bigelow was convicted of the murder of John Cherry on October 9,1980 in Merced,California.He was sentenced to death after acting as his own attorney.After eight years on death row,his conviction was overturned by the California Supreme Court and at his retrial;Mr.Bigelow's attorney argued that Michael Ramadanoviccommitted the murder while Mr.Bigelow slept in the back seat of the car. Bigelow presented witnesses that testified Ramadanovic had boasted about the killings and took sole responsibility.Bigelow was acquitted on the charge of murderat retrial.(People v.Bigelow,691 P.2d 994 (Cal.1984)and Los Angeles Times,6/23/89 &7/6/89). Ernest (Shujaa)Graham -1981* In November 1973,while incarcerated in a state prison facility,Ernest Graham and co-defendant Eugene Allen were charged with killing a state correctional officer.Graham's first trial resulted in a mistrial when the jury could not agree on a verdict.Graham was sentenced to death in 1976 after his second trial.The Supreme Court of California reversed the conviction because prosecutors improperly used their peremptory challenges to exclude prospective jurors who were black.Graham and Allen, who are both black,"belonged to the group whose members the district attorney had excluded whereas the alleged victim was a member of the group to which [all]of the remaining jurors belong."(People v.Allen,590 P.2d 30,34 (Cal.1979)(internal citations omitted».Graham's third trial ended in another hung jury,and he was acqUitted by the jury in his fourth trial.(Phone conversation with now Magistrate-Judge James Larson,October 6,2003,who represented Graham).(Source:Death Penalty Information Center,www.deathpenaltyinfo ..org) '.*These three cases have also been included in the Death Penalty Information Center's (DPIC) innocence list.The criteria for inclusion in this list are slightly different than those listed above.For more on DPIC's list visit:www.deathpenaltyinfo.org.. Life Without the Possibility of Parole .Harold Hall -2004 Hall was convicted of a double murder in 1985 in Los Angeles County.His conviction was based on unreliable testimony from informants.Hall was only 18 when he was convicted.He narrowly escaped the death penalty and was sentenced to Life Without Parole instead.Hall spent 19 years in prison before the 9th Cicuit Court of Appeals vacated his conviction and prosecutors decided not to retry him. He was freed in August 2004.(Los Angeles Times,August 21,2004) Glen"Buddy"Nickerson -2003 l.oS;G-A-\D~RES-I t:::>f:;,J~.f\--'"l ~l Nb of A-RR.£?S--r· On March 17,2003,U.S.District Court JUdge Marilyn Hall Patel vacated Glen Nickerson's conviction because she found that "There is almost no evidence in the case against Nickerson which cannot reasonably be questioned as potentially the product of improper police conduct."Nickerson spent 19 years in prison charged with two murders committed in Santa Clara County in 1984.Nickerson was the first of three defendants convicted of the murders and was serving a term of Life in Prison without http://vvww .death pen a Ity..org/ind ex.php?pi d=Innocen ce 9/2112005 Death Penalty Focus Parole:In the years following his conviction,a key witness retracted his identification of Nickerson, saying that the 400-pound-plus Nickerson could not have been the man he saw running from the scene;a superior court judge found that the detectives who investigated the case committed perjury and suppressed evidence;and the state recently charged'a fourth man,William Jahn,whose blood has been DNA-matched to that left at the scene,and whose "average build"fits the description given by witnesses.In addition,in a recent prison interview with Nickerson's attorney,Gerald Schwartzbach, William Jahn admitted he was at the crime scene on the night of the murders,and not only was Nickerson not there,but he said that he has never even met Nickerson.Nickerson was released in May 2003 after spending 19 years in prison for a crime he did not commit. Dwayne McKinney -2000 Charged with the murder of a Burger King Manager in 1981,McKinney was convicted largely on the eyewitness testimony of four young employees at the Orange County outlet.They were shown photographs of McKinney before he appeared in a lineup,and told -falsely -that he was caught with the proceeds of the robbery.The prosecutor pursued the death penalty but only 8 of the 12 jurors agreed.McKinney was sentenced to life without the posSibility of parole.In 2000 -19 years after his conviction - a man who knew the true perpetrators came forward and Mr.McKinney was exonerated and released.'(Orange County Register,January 29,2000) Other Sentences Thomas Lee Gol!:lstein -2004 Thomas Lee Goldstein,wrongfully imprisoned for 24 years,was freed on April 2,2004 by Long Beach Superior Court judge James B.Pierce.He was convicted on the basis of testimony from a jailhouse informant and an eyewitness who later recanted.Five federal judges agreed that Goldstein's constitutional rights had been violated by the district attorney's office during his 1980 trial.The Los Angeles District Attorney's office now admits that it has no case against him.Goldstein was sentenced to 27 years to Life in prison.(Weinstein,Henry,The Los Angeles Times,April 3,2004) Quedellis Ricardo "Rick"Walker -2003 In June 2003,Quedellis Ricardo Walker was freed after spending 12 years locked up for a crime he. didn't commit.His conviction had rest heavily upon the testimony of Walker's co-defendant,who received leniency in exchange for his testimony.Walker had been accused of the 1991 murder of his ex-girlfriend.Finally after 12 years,his lawyer,Alison Tucher,was able .to convince the district attorneys office that they had the wrong guy.The Santa Clara DA's office now admits that Walker is innocent.In Septmeber 2003,the 'California State Legislature granted Walker $400,000 in compensation for his wrongful imprisonment.(San Francisco Chronicle,June 10,2003) Page 3 of4 1 I John J,Tennison -2003 On Aug.29,2003,John J.Tennison was released from Mule Creek Prison near Sacramento after serving 13 years for a murder he did not commit.He was accused of murdering 17-year-old Roderick Shannon in 1989.U.S.District Court Judge Claudia Wilken overturned Johnson's conviction citing serious San Francisco 'police and prosecutorial misconduct,including payment to a witness who testified falsely and deliberate concealment of another suspect's confession,as well as the identity of a potentially exonerating witness.(San Francisco Bay Guardian,Sept.3,2003,San Francisco Chronicle, Sept.15,2003) Antoin'e "Soda Pop"Goff -2003 One week after J.J.Tenison was released,his co-defendent,Antoine Goff was also set free.U.S. District Court JUdge,Claudia Wilken voided Goff's conviction becuase of blatant police and prosecutorial misconduct.Goff had been convicted on tile basis of a witness idenitfication.The witness,a young girl, finally admitted that she had been coerced to by the police into lying about what she had seen.(San Francisco Bay Guardian,Sept.10,2003) Kevin Green -1996 On September 30,1979,Dianna Green was struck and severely injured while in her apartment.At the time of the attack,Dianna Green was pregnant.She was transported to the hospital where an http://www.deathpehalty.org/index.php?pid=Jnnocence 9/21/2005 Death Penalty Focus obstetrician detected fetal heart tones and concluded that the fetus did not appear to be in jeopardy. On September 30,1979,however,fetal heart tones could no longer be detected and the fetus was considered still-born. Page 4 of 4 Kevin Lee Green,Dianna's husband,said he was not home at the time of the event.He testified that he left the apartment,went to a hamburger stand for food,and when he returned found his wife had been attacked.Police confirmed his presence at the hamburger stand with a counter-girl and the food in his possession was warm.Still,he was arrested and convicted on October 2,1980,after his Wife,who had received a severe injury causing extensive brain damage and amnesia,testified against him.During the investigation it was learned that vaginal slides taken from Dianna Green showed the presence of spermatozoa. Kevin Green was found guilty by a jury of second degree murder for the death of the unborn fetus,the attempted murder of Dianna Green,and assault with a deadly weapon on Dianna Green.On November 7,1980,the court sentenced Green to fifteen years to life in state prison. After the creation of an offender DNA database,California's Deptartment of Justice laboratory in California,a DNA profile from the spermatozoa in Green's case was found to match another felon. Gerald Parker,a serial killer called the "Bedroom Basher"for breaking into women's bedrooms to rape and kill them,confessed to the attack as well as five other murders.Based on this DNA database hit and Parker's confession,Kevin Green was exonerated and released after spending sixteen years in prison.In October 1999,Governor Gray Davis awarded Green $620,000 in compensation for the years he spent in prison for a crime he did not commit.(Source:The Innocence Project) Aaron Owens -1985 Aaron Owens was convicted in 1973 for a double homicide in Alameda County.Owens would likely have received a death sentence if the Supreme Court had hot held only a few months earlier,in Furman v.Georgia,that the death penalty was unconstitutional.Because of the moratorium on the death penalty in 1973,Owens received a sentence of Life in Prison.Owens was eventually exonerated with the help of the prosecutor from his original trial,John Taylor.Taylor realized that Owens had been misidentified by the key eyewitness when Owen's co-defendant finally admitted that he and another man had committed the murders.Owens spent 8 years in prison,and if it had not been for the Supreme Court imposed moratorium on the death penalty,he may have been executed. Click For Site Map I General e-mail:info@deathpenalty.org I Telephone:415.243.0143 http://wwvv.deathpenalty .org/index.php?pid=Innocence 912112005 A Broken System:Error Rates in Capital Cases,1973-1995 James Liebman et aI,Columbia Law School,2000 Abstract: There is a growing bipartisan consensus that flaws in America's death-penalty system have reached crisis proportions.Many fear that capital trials put people on death row who don't belong there.Others say capital appeals take too long.This report,the first statistical study ever undertaken of modern American capital appeals (4,578 of them in state capital cases between 1973 and 1995),suggests that both claims are correct. Capital sentences do spend a long time under judicial review.As this study documents, however,judicial review takes so long precisely because American capital sentences are so persistently and systematically fraught with error that seriously undermines their reliability. Our 23 years worth of results reveal a death penalty system collapsing under the weight of its own mistakes.They reveal a system in which lives and public order are at stake,yet for decades has made more mistakes than we would tolerate in far less important activities. They reveal a system that is wasteful and broken and needs to be addressed. Our central findings are as follows: Nationally,during the 23-year study period,the overall rate of prejudicial error in the American capital punishment system was 68%.In other words,courts found serious, reversible error in nearly 7 of every 10 of the thousands of capital sentences that were fully reviewed during the period. Capital trials produce so many mistakes that it takes three judicial inspections to catch them, leaving grave doubt whether we do catch them all.After state courts threw out 47%of death sentences due to serious flaws,a later federal review found "serious error",error undermining the reliability of the outcome,in 40%of the remaining sentences. Because state courts come first and see all the cases,they do most the work of correcting erroneous death sentences.Of the 2,370 death sentences thrown out due to serious error, 90%were overturned by state judges,many of whom were the very judges who imposed the death sentence in the first place;nearly all of whom were directly beholden to the electorate; and none of whom,consequently,were disposed to overturn death sentences except for very good reason.This does not mean that federal review is unnecessary.Precisely because of the huge amounts of serious capital error that state appellate judges are called upon to catch,it is not surprising that a substantial number of the capital judgments they let through to the federal stage are still seriously flawed. To lead to reversal,error must be serious,indeed.The most common errors,prompting a majority of reversals at the state post-conviction stage,are (1)egregiously incompetent defense lawyers who didn't even look for,and demonstrably missed,important evidence that the defendant was innocent or did not deserve to die;and (2)police or prosecutors who did discover that kind of evidence but suppressed it,again keeping it from the jury.[Hundreds of examples of these and other serious errors are collected in Appendix C and 0 to this Report.] l High error rates put many individuals at risk of wrongful execution:82%of the people whose capital judgments were overturned by state post-conviction courts due to serious error were found to deserve a sentence less than death when the errors were cured on retrial;7%were found to be innocent of the capital crime. High error rates persist"over time.More than 50%of all cases reviewed were found seriously flawed in 20 of the 23 study years,including 17 of the last 19.In half the years,inclUding the most recent one,the error rate was over 60%. High error rates exist across the country.Over 90%of American death-sentencing states have overall error rates of 52%or higher.85%have error rates of 60%or higher.Three-fifths have error rates of 70%or higher. Illinois (Whose governor recently declared a moratorium on executions after a spate of death-row exonerations)does not produce atypically faUlty death sentences.The overall rate of serious error found in Illinois capital sentences (66%)is very close to,and slightly lower than,the national average (68%). Catching so much error takes time,a national average of 9 years from death sentence to the last inspection and execution.By the end of the study period,that average had risen to 10.6. years.In most cases,death row inmates wait for years for the lengthy review procedures needed to uncover all this error.Then,their death sentences are reversed. This much error,and the time needed to cure it,impose terrible costs on taxpayers,victims' families,the judicial system,and the wrongly condemned.And it renders unattainable the finality,retribution and deterrence that are the reasons usually given for having a death penalty. Erroneously trying capital defendants the first time around,operating the multi-tiered inspection process needed to catch the mistakes,warehousing thousands unaer costly death row conditions in the meantime,and having to try two out of three cases again is irrational. ,/ I 1 I SEPTEMBER 21,2005 LOS GATOS WEEKLY-TIMES Town should get involved in death penalty .issue The Los Gatos Town Council is to be complimented for putting the issue of the death . penalty on its agenda. The death penalty is .. racially biased and disproportionately applied to the poor. .Death penalty costs are much more than the alternative of life .imprisonment without parole.These savings could .be used for violence prevention,increased public safety and assistance to victim family members. The Los Gatos Town Council should call for a death penalty moratorium while the issue is being studied by a commission established by the state Senate. TERRy McCAFFREY, Amnesty International Cupertino Death penalty i~ a state,federal· and 'local issue' I write in support of the Los Gatos Town Council adopting a resolution requesting the governor to declare a moratorium on the death penalty. Gov.George Ryan,a conservative Republican who favored capital punishment,declared a moratorium in Illinois after discovering that,of 25 persons on death row,13 were innocent. Is this a matter of concern to the town .council?I think it is.So did the Santa Oara County Board of Supervisors,the Palo Alto City Council and scores of other counties and cities throughout California.They all declared publicly that they believed that capital punishment is a "local . issue"as well as a matter of deep concern on the state and federal levels. DANlEL N.HOFFMAN Saratoga Letter from Professor Ruth Silver Taube to the Los Gatos Weekly Times, August 2005 I am very disappointed in your Editorial of August 10,2005 entitled Town faces death penalty -Garcia would be very happy and of your coverage of the issue.You made no attempt to provide a balanced discussion of the pros and cons of the moratorium or its relevance to local governments.Instead you chose to ridicule the Town Council's decision because there hasn't been a hanging in Los Gatos since 1883. In fact,Vice Mayor Diane McNutt and Councilman Steve Glickman should be applauded for voting to place the moratorium issue on the agenda because of its fiscal impact on local governments. According to a March 18, 1988 article in the Sacramento Bee,California spends $90 million dollars on capital cases in annually in addition to the ordinary costs of the justice system.The cost of a death penalty sentence far exceeds the alternative of life imprisonment.As Connecticut's Chief State Attorney stated "[e]very dollar we spend on a capital case is a dollar we can't spend anywhere else."A total of 11 California cities and 4 counties have passed resolutions urging lawmakers to halt executions in California until the fairness and risk of executing innocent people are .studied.This call for a moratorium on executions coincides with the State's appointment to study the criminal justice system and the death penalty.Santa Clara County passed a resolution to urge lawmakers to halt California executions until its fairness and the risk of executing innocent people are studied.In his study of the death penalty in 2000, James Leibman of Columbia University School of Law concluded that the system is "collapsing under the weight of its own mistakes."According to the Death Penalty Information Center,69 people have been released from death row with evidence of their innocence from 1970 to 1997.A local Los Gatos resident,BUddy Nickerson,was recently released from prison with evidence of innocence.Los Gatos should join the 11 California cities and 4 counties to support the moratorium. Ruth Silver Taube Attorney Adjunct Professor,Santa Clara University School of Law Los Gatos I 1 September 25 t h,2005 Dear Members of the Los Gatos Town Council, As you are aware there is increasing discussion throughout the nation,the state and indeed Los Gatos about the acknowledged injustices,risk of execution of the innocent and soaring costs associated with implementation of the death penalty.Recognizing these flaws the State Senate has appointed a Commission on the Fair Administration of Justice to study the criminal justice system and the death penalty. COSTS (Source Prof.Brennan USC Law School) It costs approximately $60,000 more a year to house an inmate on death row,than in the general prison population or additional cost of $39 million annually. First Degree murder trials cost about $6S0K.Death Penalty cases cost about $1.2 to $1.3 M.First Degree murder cases take about 5 to 7 years.Death Penalty cases take about 20 years.AdditiG!nally,it is planned to build anew death row in San Quentin at a cost of $200M. Innocence Issues Nationally,119 persons have been exonerated and released from death row.The death penalty process is very flawed.(cfLiebman,Columbia Law School,June 200).Locally,Budddy Nickerson,sentenced to Life Imprisonment Without Parole on a Capital Murder charge,was released on a judge's order after serving 19 years.The costs of this case'whichled to 2 mistrials cost millions of dollars. Town Council Business? The question has been raised as to whether consideration of the death penalty by the council is city business. In fact it is very much city business.As citizens we are called on to sit on juries to decide the issue of life or death in capital cases.Unfortunately homicides do occ,ur in Los Gatos.Innocent persons have been convicted of capital murder.The extra costs of the death penalty affects us all in the diversion of public funds that could be used in crime prevention,assistance to family members of victims and our schools.As noted by Palo Alto Council Member Kleinberg "California Law gave municipalities and counties the authority to pass resolutions pertaining to national,local and state policies."Additionally there is strong community support for a moratorium on the death penalty as evidenced by the hundreds of persons that have signed petitions. I urge the Los Gatos Town Council to pass a resolution calling for suspension of executions whilst the Commission on the Fair Administration of Justice studies the death penalty for the period of 3 years. Sincerely, Terry McCaffrey Area Coordinator,South Bay Amnesty International 11154 La Paloma Dr.,Cupertino,CA 95014 1 I i File ID:Igletter92S0S LOS GATOS PETITIONS First Last Address City State Zip Email ALETHEA ANDREWS 244 MISTLETOE RD Los Gatos CA 95032 ALLYFLlP@YAHOO.COM ANGELA ANTON 14685 OKA RD #26 Los Gatos CA 95030 LARRY ANTUN 14685 OKA RD #26 Los Gatos CA 95032 AUBREY ARDEMA 20715 BRUSH RD Los Gatos CA 95033 AUBREYARDEMA@HOTMAIL.CC LOURDES ARNOLD 15544 CORINE DR Los Gatos .CA 95032 LEX ARNOLD 15544 CORINNE DR Los Gatos CA 95032 CATHERINE ARNOLDY PO BOX 1906 Los Gatos CA 95031 ROSARIO ASTURIAS PO BOX 907 Los Gatos CA 95031 MARY AYRES 200 PROSPECT AVE Los Gatos CA 95030 MARY AYRES PO BOX 1906 Los Gatos CA 95031 Chanda Baggarly 428 University Ave Los Gatos CA 95032 chanda@baggarly.com IL BEASSER 119 AUVRA Los Gatos CA 95032 Lisa Bernardo 157 Kensington Way Los Gatos CA 95032 hope4healing@aol.com barbara bernasconi 17100 melody lane Los Gatos CA 95033 msbisme@earthlink.net BOYD BOWDISH 107 OAKRIVER Los Gatos CA 95033 F BRETZ 200 PROSPECT AVE Los Gatos CA Mark Burnham 102 Paseo Laura Los Gatos CA 95032 revmrb@mindspring.com RYAN BUSHAM 108 TELESITA WAY Los Gatos CA 95031 Nancy Buss 112 Arroyo Grande Way Los Gatos CA 95032 bussnbd@acninc.net ANN CAMPBELL 282 CASITAS BULEVAR Los Gatos CA 95032 ANNNCAMPBELL@ATTBI.COM CANDICE CARIS 231 ALMENDRA AVE Los Gatos CA 95030 AILEEN CARISSIMI 200 PROSPECT AVE Los Gatos CA 95030 CHARLES CARLSON 25870 ADAMS RD Los Gatos CA 95033 TRISHA CARTER 345 PENNSYLVANIA AVE Los Gatos CA 95030 JOANNE \CASTIGLOUE 21348 SUNNYSIDE RD Los Gatos CA 95033 LILIA CHAVEZ 110 CALLE ESTORIA Los Gatos CA 95032 HELEN COCKRUM 159 ESCOBAR AVE Los Gatos CA 95032 HELEN COCKRUM 159 ESCOBAR AVE Los Gatos CA 95032 HCOCKURM@APRCOM JONATHAN COHEN 211 RICHMORE LN #6 Los Gatos CA 95032 10:35 AM9/22/2005 1 Igpets53105 __.---l --L._ LOS GATOS PETITIONS· MARY COLAPIETRO 200 PROSPECT AVE Los Gatos CA 95030 MARY CONNELL 200 PROSPECT AVE Los Gatos CA JOHN COSTANZA PO 845 Los Gatos CA 95033 KELLY COSTANZA PO BOX 445 Los Gatos CA 95031 CAROLYN DAVENPORT 24460 SUMMIT WOODS DR Los Gatos CA ·95033 LAURIE DAVIDSON .625 VASONA AVE Los Gatos CA 95032 IDAVIDSON91@HOTMAIL.COM JESSICA DAVIS 121 DARDANELLI LN Los Gatos CA 95033 IL SARAH DEFALLA ?Los Gatos CA Nancy Dempsey 18054 Virginia Dr Los Gatos CA 95033 ndempsey@brio.com JILL DEVINE SOLLITTO 26756 ADAMS RD Los Gatos CA 95033 HELEN DONNELLY 200 PROSPECT AVE Los Gatos CA 95030 PATRICIA DONOHOE PO 1906 Los Gatos CA ALLISON DONOHUE 14625 GOLF LINKS DR Los Gatos CA 95032 Rhondalee Donovan 24177 Lorna Prieta Ave.Los Gatos CA 95033-rrdonovan@starband.net Gladwyn d'Souza 140 Whitney Ave Los Gatos CA 95030 godsouza@mac.com KATHY EDER 213 1/2 CALDWELL Los Gatos CA 95032 JEAN EHRET 200 PROSPECT Los Gatos CA 95031 MARY EHRET 200 PROSPECT AVE Los Gatos CA 95031 JMMEHRET@YAHOO.COM RACHAEL FAIRBAIN 105 KENNEDY CT Los Gatos CA 95031 IL Alison Farhner 14850 Oka Rd.44 Los Gatos CA 95032 alibaba@netgate.net Larry Farhner 14850 Oka Road Apt.44 Los Gatos CA 95032 larry.farhner@hp.com ALICIA FELIX 16365 W LA CHIQUITTA Los Gatos CA 95032 Barbara Fishman 20159 Beatty Ridge Road Los Gatos CA 95033 barbara@barbarafishman.com. DAVID FITCH 300 COLLEGE AVE Los Gatos CA 95030 Maureen Fox 15486 Benedict Lane Los Gatos CA 95032 attorneY_fox@prodigy.net JOANN FREDA 15899 UNION AVE Los Gatos CA 95032 ANNIEDF@ATTBI.COM LINDA FUEELIER 200 PROSPECT AVE Los Gatos CA 95031 SISTERLlNDA@EMAIL.COM ALMA GAFFNEY 200 PROSPECT AVE Los Gatos CA 95031 CHUCK GARLAND 25870 ADAMS RD Los Gatos CA 95033 CHUCK GARLAND 25870 ADAMS RD Los Gatos CA 95033 10:35 AM9/22/2005 2 ~) 1.9pets53105 ~.-----L .~._ LOS GATOS PETITIONS ERIC GELPIRE 345 PENNSYLVANIA AVE Los Gatos CA 95030 VIRGINA GHIGLIOTTI .200 PROSPECT AVE Los Gatos CA 95031 JENNIFER GRABER 19960B SKYLINE BLVD Los Gatos CA 95033 JEAN GRIFFIN PO BOX 1903 Los Gatos CA 95031 JEAN GRIFFIN PO BOX 1906 Los Gatos CA 95031 MEG GRUBB 46 HERNANDEZ AVE Los Gatos CA 95030 GRUBBFAMILY@EARTHLlNK.NE DAVID GRUBUAM 5960 ROSE AVE Los Gatos CA 95030 DAVE GRUNBAUM 15960 ROSE Los Gatos CA CECILE GUICHARD 200 PROSPECT AVE Los·Gatos CA 95030 SALLY GUNN PO BOX 907 Los Gatos CA 95031 ELIZABETH HAGGERTY 18400 64 OVERLOOK RD Los Gatos CA 95030 NORMA HAMMONS 23496 SUMMIT RD Los Gatos CA 95033 ELEANOR HASTINGS 46 HERNANDEZ AVE Los Gatos CA 95030 LIZ HASTINGS 46 HERNANDEZ AVE Los Gatos CA 95030 JLRSMAC@JUNO.COM ALiSHA HATTAWAY 31440 LOMA PRIETA WAY Los Gatos CA 95033 LASREDWOOD@YAHOO.COM ELIZABETH HAYES 365 PENNSYLVANIA AVE Los Gatos CA 95030 ELIZABETH HILDRETH 231 ALMENDRA AVE Los Gatos CA 95030 JANE HILLS 100 VASONA OAKS DR Los Gatos CA 95030 Christine Hoeflich 115 Callecita Los Gatos CA 95032 christine.hoeflich@attglobal.n Wolfgang Hoeflich 115 Callecita Los Gatos CA 95032 wolfgang@cmln.com MARY HUEY 31 E MAIN ST 203 Los Gatos CA 95030 Bruce Hyman 15249 Old Ranch Rd.Los Gatos CA 95033 jbhyman@dsldesigns.net MADGE IVERSON 20061 BEATTY RIDGE RD Los Gatos CA COSENTINO JACKIE 200 SUN MONT Los Gatos CA 95032 PHILIP JANICH 16051 CAMINO DEL Los Gatos CA 95032 JEANINE JENSEN 14225 LORA DR 84 Los Gatos CA 95032 JENSENJE7@EARTHLlNK.NET Joanna Keates 256 Montclair Rd.Los Gatos CA 95032 Joanna@Keates.com JESSIE KENNEDY 200 PROSPECT AVE Los Gatos CA 95031 AUGUSTIN KING 1451 VERSAILLES DR Los Gatos CA 95033 DEANN KINNER 24796 LOMA PRUTA AVE Los Gatos CA 95030 10:35 AM9/22/2005 3 Igpets53105 ___--L ---L,,------------------_ LOS GATOS 'PETITIONS LES KISHILEN 16420 BONNIE LN Los Gatos CA 95032 SLKISHLEN@AOL.COM MARY KLINGER 200 PROSPECT AVE Los Gatos CA 95031 JMVILLALG@YAHOO.COM LEE KNUTSEN 240 PRINCE ST Los Gatos CA 95032 TARYNE KRAUS 14716 GOLFLINES Los Gatos CA 95032 LOLITA KREBSBACH PO BOX 907 Los Gatos CA 95031 CATHERINE KREUTER 310 LOS GATOS BLVD Los Gatos .CA 95032 CELESTE LANGE 16214 REDWOOD LODGE R[Los Gatos CA 95033 SHERRY LEE 13405 INDIAN TR RD Los Gatos CA 95033 KATHLEEN L1SS 18940 OJAI DR Los Gatos CA 95030 MARIJOE LOBUE 20100 BLACKRD Los Gatos CA 95033 MICHELLE LOBUE 20100 BLACK RD Los Gatos CA 95033 EMILY LOE 132 MOGNGON TERR Los Gatos CA 95032 TAMARA LOVE 15255 FRANCIS OAKS WAY Los"Gatos CA 95032 MARICA LUCAS PO BOX 1906 Los Gatos CA 95031 SUSAN LURE 135 RIVERA DR #318 Los Gatos CA 95032 LOVE-BOURGEOIS@YAHOO.CC MARCELLA MACALINEY 240 OAK MEADOW DR Los Gatos CA 95030 SUE MACUS 25870 ADAMS RD Los Gatos CA 95033 NICOLE MARTIN 104 WHITNEY AVE Los Gatos CA 95030 STACEE MARTIN 180 BELWOOD COUNTRY Los Gatos·CA 95032 IL LALURA MARTINEZ 1449 W ELM ST Los Gatos CA 95031 MARGARET MAY 118 ABBEY WOOD CT Los Gatos CA 95032 MARGARET MAY 118 ABBEY WOOD CT Los Gatos CA 95032 GINNY MCCLANE 225 SNOW CREST RED Los Gatos CA 95033 LORETTA MCCURDY 200 PROSPECT AVE Los Gatos CA 95031 CATHERINE MCGRATH 200 PROSPECT Los Gatos CA 95030 CATHERINE MCGRATH PO BOX 1906 Los Gatos CA 95031 MARGARET MCGUAN 18111 JUNE CT Los Gatos CA 95033 CATHERINE MCLEAN 200 PROSPECT AVE Los Gatos CA 95030 FRANCES MCLEAN 200 PROSPECT AVE Los Gatos CA 95032 Nayan McNeill 225 Johnson Ave.Los Gatos CA 95030 vitamac@batnet.com 10:35 AM9/22/2005 4 Igpets53105 __.--1 __-,-_ LOS GATOS PETITIONS ASHOK MEMTA 501 OINE WOOD LN Los Gatos CA 95032 DOROTHY MILLER 18608 FAVRE RIDGE RD Los Gatos CA 95030 JOSEPHINE MORALES 104 SIERRA LINDA Los Gatos CA 95070 TAB MORALES 104 SIERRA LINDA Los Gatos CA 95032 IL JOHN MOSUNIE 235 VISTADE SIERA Los Gatos CA 95030 DOROTHY MULVANY 200 PROSPECT AVE Los Gatos CA 95030 ANN MURPHY PO BOX 1906 Los Gatos CA 95031 Barbara Murphy 241 Mistletoe Road Los Gatos CA 95032 murphYbleary@hotmail.com JAMES NEIL 105 OAK RUN 11 Los Gatos CA·95032 MARGARET NICHOLSON 200 PROSPECT AVE Los Gatos CA 95030 KARITA NOBLE 18166 FERN AVE Los Gatos CA MARY OBRIEN 200 PROSPECT AVE Los Gatos CA 95830 BRIDGET OCONNELL 9480 BEAR CREEK Los Gatos CA 95033 MAURA OCONNOR PO BOX 1906 Los Gatos CA 95031 KATIE ONEILL 232 WEDGEWOOD AVE Los Gatos CA MARYANN OSMOND 118 ABBY WOOD CT Los Gatos CA 95032 ABBYWOOD@PACBELL.NET MARYA PEACOCK 200 PROSPECT AVE Los Gatos CA 95030 MONICA PERRY PO BOX 1906 Los Gatos CA 95031 ODD PLUMLEE 16310 SHANNON RD Los Gatos CA 95032 TMTODD1@EARTHLlNK.NET VIRGINIA POWER 19480 BEAN CREEK RD Los Gatos CA 95033 DORIS PRINCE 800 BLOSSOM HILL RD 392 Los Gatos CA 95032 DANY READ 551 SANTA ROSA DR Los Gatos CA 95002 FOLLOWTHYTBLlSS@AOL.COrv GRACE REEDER 200 PROSPECT AVE Los Gatos CA 95030 Ann Rice 123 Cleland Ave.Los Gatos CA 95030 annlgrice@california.net KAREEM ROAD 143 LAS ASTAS DV Los Gatos.CA 95032 KROAD@SCU.EDU ALEX ROCCHETTA 202 CHIPPENDALE CT Los Gatos CA 95032 ALLlEDR23@AOL.COM FRANK ROETH PO BOX 1861 Los Gatos CA 95033 EUGENIE ROHNER 200 PROSPECT AVE Los Gatos CA 95030 MARTHA ROLLEY 82 PROSPECT AVE Los Gatos CA 95030 PEARL RUIZ 1451 VERSAILLES DR Los Gatos CA 95033 10:35 AM9/22/2005 5 Igpets53105 ____---1-__I .----,-_ LOS GATOS PETITIONS CAMILLA SALEM 17265 BUENA VISTA AVE Los Gatos CA 9503 CINNAMINNA 16@HOTMAIL.CO BEVERLY SALVATORE 120 OAK HILL WAY Los Gatos CA 95030 KRISTEN SANDOVAL Los Gatos CA 95032 SARA SAPERSTEIN 14910 QUITO RD Los Gatos CA 95032 FREAKOFDAWEEK@HOTMAIL.( MATTHEW SELTZER 12100 SKYLINE BLVD Los Gatos CA 95030 IL MICHAEL SILVA PO BOX 1599 Los Gatos CA 95031 MLSIVA@PRODIGY.NET DAS SMYTH 18 MONTGOMERY ST Los Gatos CA 95030 MARGARET SPILLER 200 PROSPECT AVE Los Gatos CA 95031 SNJMCAPROV@YAHOO.COM Margaret Spiller 200 Prospect Ave.Los Gatos CA 95030 snjmcaprov@impresso.com MICHAEL STEPHENS 21683 SUMMIT RD -Los Gatos CA 95033 ELLE STERN 17121 WILD WAY Los Gatos CA 95030 ISO BEL STURGEON 16490 LUCKY RD Los Gatos CA 95030 ROGER STURGEON 16490 LUCKY RD Los Gatos CA 95030 ELIZABETH SUPPLE 200 PROSPECT AVE Los Gatos CA 95030 ASHRAL TAHIDI 501 PINE WOOD LAKE .Los Gatos CA 95032 RUTH TAUBE 23580 MT CHARLIE RD Los Gatos CA 95033 MDSRST@CS.COM CAROL TAYLOR 12909 BAYVIEW DR Los Gatos CA 95033 LAURETTA THOMPSON 200 PROSECT AVE-Los Gatos CA 95030 LAURTHOMP@AOL.COM PATRICIA THOMPSON 200 PROSPECT AVE Los Gatos CA 95030 THOMPSONSNJM@YAHOO.CO~ PATRICIA THOMPSON 200 PROSPECT AVE Los Gatos CA 95030 IL linda todd 23389 Deerfield Rd Los Gatos CA 95033 lindaktoddmph@aol.com Alexandra Tsantes 23449 Sunset Drive Los Gatos CA 95033 drano@ix.netcom.com ALEXANDRA TSANTES 23449 SUNSET DRIVE Los Gatos CA 95033 DRANO@IX.NETCOM.COM ALFONS VANDALEN 21920 STAGECOACH RD Los Gatos CA 95033 LYNNE VANDALEN 21920 STAGECOACH RD Los Gatos CA 95033 KAREN WALLACE 20243 BEATLY RIDGERD Los Gatos CA 95033 KAREN WALLACE@WESTVALL S WALSH PO BOX 1906 Los Gatos CA 95030 Verle Waters 16 Chestnut Avenue Los Gatos CA 95030 verleh@ix.netcom.com MAUREEN WEBB PO BOX 1906 Los Gatos CA 95030 RUTH WEBER 200 PROSPECT AVE Los Gatos CA 95030 10:35 AM9/22/2005 6 Igpets53105 _____--l---------'--_ LOS GATOS PETITIONS RUTH WEBER 200 PROSPECT AVE Los Gatos CA 95030 Elanna Whittle 20480 Madrona Way Los Gatos CA 95033 elannamaria@yahoo.com MARGARET WILLIAMS 147 OLD ADOBE RD Los Gatos CA MARGARET WILLIAMS 147 OLD ADOBE RD Los Gatos CA 95033 IL LISA WINNINGHAM 177 ESCOBAR Los Gatos CA 95032 N WOLFHILL 20 PROSPECT AVE Los Gatos CA 95031 LYNN WOODS 869 CASTLEWOOD DR 4 Los Gatos CA 95032 CARLETON WRIGHT 124 ACTURA VISTA Los Gatos CA 95032 IL PAT WRIGHT 124ALTURA VISTA DR Los Gatos CA 95032 NANCY WRIGHT 19910 WRIGHT DR Los Gatos CA 95033 NWRIGHT@SCU.EDU HELENE ZIMNICKE-FELD<16365 W LA CHIQUITA Los Gatos CA 95032 federico moreno 9432 Litchfield dr Los Gatos CA 92646 10:40 AM9/22/2005 7 Igpets53105 LOS GATOS PET'ITIONS First Last Address City State Zip Email Rita Fisher 15405 Blackberry Hill Rd.Los Gatos CA 95030 rafisher@earthlink,net Jane Ferguson st.Mary's,219 Bean Ave Los Gatos CA 95030 I iferq lIson@strnaryslg,orq Renata Frick 15860 POppy Lane,#8 Los Gatos Ca 95030 henilann7@aol,com Kevin Tong 151 Hiqhland Oaks Dr.Los Gatos CA 95030 Dorothy Lindsey 18525 Vina Dr.Los Gatos CA 95030 eJotdotlin@aol,colll Bill Parkin 17100 Crescent Dr.Los Gatos CA 95030 oarkinw@aol,cOill 10:39 AM9/22/2005 1 Igpetssupp61505 --~_._--~_._.__._------------------- List Los Gatos Residents who have signed petitions in support of a Moratorium 6n Executions in California 2005 First Last Address City State Zip Email Melanie Aron 20 Cherry Blossom Lane Los Gatos CA 95032 rabbiaran@shirhahash.ora Garth Barber 117 Fancher Court #18 Los Gatos CA 95030 g.gbarber @att.net Carol Braham 151 Hernandez Avenue Los Gatos CA 95030 braham@comcast.net Stewart Brewster 16425 Hilow Road Los Gatos CA 95032 stewart brewster@AON.com Mark R Burnham 102 Pas eo Lavra Los Gatos CA 95032 burnhams@mac.com RA.Butzi~er 15860 Poppy Lane #2 Los Gatos CA 95030 butzigerm@aol.com Aileen Carissimi 200 Prospect Avenue Los Gatos CA 95030 Collette Carroll P.O.Box 1906 Los Gatos CA 95031 Mary Carroll P.O.Box 1906 Los Gatos CA 95031 Tom Carson 15542 Glen Una Drive Los Gatos CA 95030 tccent@msn.com Joanne Castiglione 21348 Sunnyside Road Los Gatos CA 95033 Eileen Diggins 19480 Bear Creek Road Los Gatos CA 95033 eidiaainsra>aol.com Janet D.Engle 800 Blossom Hill Rd.#263 Los Gatos CA 95032 Mary Ehret 200 Prospect Avenue Los Gatos CA 95030 Larry Farhner 14850 Oka Road #44 Los Gatos CA 95031 aILbaba9@verizon.net Jane Fer~uson 219 Bean Avenue Los Gatos CA 95030 Iiferauson@stmarvsla.ora Rita Fisher 15405 Blackberry Hill Road Los Gatos CA 95030 rgfisher@earthlink.net Barbara Fishman 20159 Beatty Ridge Road Los Gatos CA 95033 Maureen L.Fox 15486 Benedict Lane Los Gatos CA 95032 Renate Frick 15860 Poppy Lane #8 Los Gatos CA 95030 hermann7@aol.com George Fullmer 800 Blossom Hill Rd.#P388 Los Gatos CA 95032 gandrflmr@aol.com Virginia Ghigliotti 200 Prospect Avenue Los Gatos CA 95030 imahialiotti@vahoo.com Sally Gunn P.O.Box 907 Los Gatos CA 95031 Wendy Hawkins 15060 Los Gatos Blvd.Los Gatos CA 95032 wendv.hawkins@laumc.bra Jane Hills 100 Vasona Oaks Drive Los Gatos CA 95030 ihills@ccsLora Mary Beth Huey 11 1/2 E.Main Street Los Gatos CA 95030 mbhuey@aol.com Alison Huse Farhner 14850 Oka Road #44 Los Gatos CA 95032 ali:baba9@verizon.net R Stephen Jenks 117 Fancher Court #17 Los Gatos CA 95030 rienks9CWcomcast.net Joanna Keates 256 Montclair Road Los Gatos CA 95032 Susan &Les Kishler 16420 Bonnie Lane Los Gatos CA 95032 Eloise Kintner 800 Blossom Hill Road P291 Los Gatos CA 95032 kathbarr@aol.com Lolita Krebsbach 200 Prospect Avenue Los Gatos CA 95030 James V.Larkin 15860 Poppy Lane #3 Los Gatos CA 95030 Lois A.Larkin 15860 Poppy Lane #3 Los Gatos CA 95030 jamesvernlarkin@aol.com Dorothy Lindsey 18525 Vina Drive Los Gatos CA 95030 dotdotlin@aol.com _...._---1.__..._..._----_....._---~.._-_.__._-_._-_..-..__._.__.........•..._-_._._.__._---_.._--_._._.------ Ashok Mehta 501 Pine Wood Lane Los Gatos CA 95032 ashok-mehta@yahoo:com Maurice C.Mitchell 117 Fancher Court #12 Los Gatos CA 95030 mcmitcheIl119@comcast.net Josephine Morales 104 Sierra Linda Los Gatos CA 95032 tabnio(ci)aol.com Tab Morales 104 Sierra Linda Los Gatos CA 95032 tabnio@aol.com Dorothy Mulvany 200 Prospect Avenue Los Gatos CA 95030 Jean Mundell 275 Las Miradas Drive Los Gatos CA 95032 .imundell@earthlink.net Kavita Noble 18166 Fern Avenue Los Gatos CA 95033 Joan Nunn 60 Fillmer Avenue Los Gatos CA 95030 Sr.Celestine O'Brien 200 Prospect Avenue Los Gatos CA 95030 Sr.Mary O'Brien 200 Prospect Avenue Los Gatos CA 95030 obriensnjme@yahoo.com Jane F.Odell 117 Fancher Court #17 Los Gatos CA 95030 iane@sanioseobv.ora Nancy Offer 15611 East Zayante Rd.Los Gatos CA 95033 nioreal@aol.com Marla Parker 730 Bicknell Road Los Gatos CA 95030 marla@parkers.to Bill Parkin 17100 Crescent Drive Los Gatos CA 95030 parkinw@aol.com Bob Petrokas 14851 Las Flores Lane Los Gatos CA 95032 petrokas@ix.netcom.com Virginia J.Power 19480 Bear Creek Road Los Gatos CA 95033 Jeanette Rapp 117 Fancher Court #22 Los Gatos CA 95030 Iieanette.raoo(ci)att.net Danyele Read P.O.Box 805 Los Gatos CA 95031 Ann Rice 123 Cleland Avenue Los Gatos CA 95030 Nancy Ruhle 155 Eastridge Drive Los Gatos CA 95032 philruhle@att.net Philip Ruhle 155 Eastridge Drive Los Gatos CA 95032 philruhle@att.net Rev.&Mrs.James Smith 15860 Poppy Lane #10 Los Gatos CA 95030 Margaret Spiller 200 Prospect Avenue Los Gatos CA 95031 mgtspiller@yahoo.com John M.Stephens 21683 Summit Road Los Gatos CA 95033 Carl E.Thoresen 20160 Black Road Los Gatos CA 95033 cthor@stanford.edu Katherine Thoresen 20160 Black Road Los Gatos.CA 95033 carkay33.hotmail.com Janice Trieglaff 17615 Mt.Charlie Road Los Gatos CA 95033 itrieqlaff@verizon.net Lynne Vandalen 21920 Stagecoach Road Los Gatos CA 95033 Maureen Webb 200 Prospect Avenue Los Gatos CA 95030 Phyllis Wober 16140 Kennedy Road Los Gatos CA 95032 'ohvweber@comcast.net Carlton J.Wright 124 Altura Vista Los Gatos CA 95032 Pat Wright 124 Altura Vista Los Gatos CA 95032 Ashraf Zahedi 501 Pine Wood Lane Los Gatos CA 95032 ashok-mehta@yahoo.com David L.Zuverink 15860 Poppy Lane,#5 Los Gatos CA 95030 zuverink@verizon.net ~ I 1 ! Good Evening, My name is Josephine Morales.I am a resident of Los Gatos and I am here to urge the council to vote in favor of the Death Penalty Moratorium.In my opinion the death penalty is a barbaric act that no longer serves a purpose in our civilized society. It does not deter murder nor does it deter violent acts that may result in death.Putting someone to death under the guise ofjustice is really an act of vengeance.I am proud to state that the Nation from whence I came abolished the death penalty several years ago, as did most of the European countries Putting someone to death is a great economical burden to the citizens of the state.The sentencing laws need to be reformed to limit the amount of appeals and the parole system needs to be looked at in terms of releasing dangerous criminals back into our society. Voting in favour of this moratorium places the town of Los Gatos as an example of the moral values that we wish to enhance in our State of California. Thank you very much.