Tuesday, September 30, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

US judge rules against California death penalty

By
From page A5 | July 17, 2014 |

LOS ANGELES — A federal judge ruled California’s death penalty unconstitutional Wednesday, writing that lengthy and unpredictable delays have resulted in an arbitrary and unfair capital punishment system.

The decision by U.S. District Judge Cormac J. Carney represents a legal victory for those who want to abolish the death penalty in California and follows a similar ruling that has suspended executions in the state for eight years.

Carney, in a case brought by a death row inmate against the warden of San Quentin state prison, called the death penalty an empty promise that violates the Eighth Amendment’s protection against cruel and unusual punishment.

“Inordinate and unpredictable delay has resulted in a death penalty system in which very few of the hundreds of individuals sentenced to death have been, or even will be, executed by the State,” wrote Carney, a George W. Bush appointee.

He noted that death penalty appeals can last decades and, as a result, most condemned inmates are likely to die of natural causes before their executions are carried out.

Carney also wrote that since the current death penalty system was adopted by California voters 35 years ago, more than 900 people have been sentenced to death, but only 13 have been executed.

“As for the random few for whom execution does become a reality, they will have languished for so long on Death Row that their execution will serve no retributive or deterrent purpose and will be arbitrary,” the judge stated.

Gil Garcetti, a former Los Angeles County district attorney who has become an anti-death-penalty activist, called the ruling “truly historic.”

“It further proves that the death penalty is broken beyond repair,” he said, calling for capital punishment to be replaced with life in prison without the possibility of parole.

Carney’s ruling came in a legal petition brought by Ernest Dewayne Jones, sentenced to die in 1994 after being convicted of murdering and raping his girlfriend’s mother.

Jones remains on death row “with complete uncertainty as to when, or even whether,” his execution will come, the judge wrote, adding, “Mr. Jones is not alone.”

Carney’s ruling could be appealed by the governor or state attorney general, who both oppose the death penalty. For now, Jones will likely remain on death row.

Carney noted that “arbitrary factors” such as the manner in which paperwork is handled are what “determine whether an individual will actually be executed.”

The ruling was not without critics. Republican state Sen. Jim Nielsen, former chairman of the California Board of Prison Terms, issued a statement saying, “The current system needs improvement, but to completely get rid of the death penalty is unconscionable for victims and their families and society.

“Victims and their families need and deserve justice. This ruling denies them and society justice.”

He said Californians have long supported the death penalty, and he urged Attorney General Kamala Harris to “uphold the will of the people” and appeal.

Another federal judge put California’s death penalty on hold in 2006 when he ruled the state’s lethal injection procedures needed overhaul.

The judge found that the state’s procedures created too much risk that an inmate would suffer extreme pain while being executed. At that time, lethal injections were carried out in San Quentin’s old gas chamber, which the judge found too cramped, too dark and too old for prison staff to properly administer execution drugs.

Since then, the California Department of Corrections and Rehabilitation has built a new execution chamber on the grounds of San Quentin in Northern California and made a number of changes to its procedures to address the judge’s concerns.

A new federal judge has taken over the case and has not ruled on whether those changes are enough for the state to restart executions.

Additionally, the corrections department is drafting a new set of regulations for administering lethal injections. No executions can take place until the new rules are formally adopted.

 

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | 8 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • PatriotJuly 17, 2014 - 5:35 am

    "Extreme pain while being executed", I hope some of these judges families are victims of violent acts committed by these scrum bags.

    Reply | Report abusive comment
  • a sometime readerJuly 17, 2014 - 10:16 pm

    Calm down, This is the likely outcome which will undoubtedly prove to be the cost savings needed , and unclog the dockets. These convicts aren't going anywhere. “It further proves that the death penalty is broken beyond repair,” he said, calling for capital punishment to be replaced with life in prison without the possibility of parole.

    Reply | Report abusive comment
  • rlw895July 17, 2014 - 5:41 am

    Sounds like the objection is more against lengthy appeals than the death penalty itself, as if summary execution would be more just. But of course if we had summary execution, the objection would be the higher risk of mistake. The death penalty can't win. Abolish it and move on to more pressing matters.

    Reply | Report abusive comment
  • DanielJuly 17, 2014 - 9:32 am

    Another judge writes his own law overturning existing law, they're all taking their cue from Obama who is proficient at unilaterally writing his own laws a picking which existing laws not to enforce.

    Reply | Report abusive comment
  • Cindi OsbunJuly 17, 2014 - 12:35 pm

    Daniel, I agree with you here…..this judge is no doubt, making his own rules…the people of California, voted FOR THE DEATH PENALTY….he IS one of Obama's followers, I have no doubt about THAT…since obama has been picking and choosing the laws he wants to follow, of our constitution. This entire administration of democrats, has been a sick and scary JOKE…..its time to take our country back and disbar judges such as this, and fire/recall/impeach ANY OF THE SO CALLED REPRESENTATIVES who have VIOLATED THEIR OATHS….we all know who they are…..

    Reply | Report abusive comment
  • MikeJuly 17, 2014 - 4:10 pm

    This judge was a Bush nominee.

    Reply | Report abusive comment
  • a sometime readerJuly 17, 2014 - 10:17 pm

    “It further proves that the death penalty is broken beyond repair,” he said, calling for capital punishment to be replaced with life in prison without the possibility of parole.

    Reply | Report abusive comment
  • rlw895July 17, 2014 - 10:20 pm

    Guess what, congress makes laws, the courts make laws, and the executive makes laws. You need to move past the elementary school explanation of the separation of powers to get it.

    Reply | Report abusive comment
.

Solano News

Fairfield police log: Sept. 28, 2014

By Glen Faison | From Page: A12, 1 Comment

 
Fairfield police log: Sept. 27, 2014

By Glen Faison | From Page: A12, 1 Comment

Solano focuses on rail safety

By Barry Eberling | From Page:

 
Suisun City police log: Sept. 28, 2014

By Glen Faison | From Page: A12

Suisun City police log: Sept. 27, 2014

By Glen Faison | From Page: A12

 
Police search for missing man

By Glen Faison | From Page: A5 | Gallery

 
 
Measure A committee plans weekend precinct walk

By Susan Winlow | From Page: A5

Voters who have moved urged to check registration

By Barry Eberling | From Page: A5

 
Caltrans cancels nighttime Highway 37 closures

By Barry Eberling | From Page: A5

 
.

US / World

5 more bodies found at Japan volcano; toll now 36

By The Associated Press | From Page: | Gallery

 
Group: Wildlife populations down drastically

By The Associated Press | From Page:

45 dogs dead, 48 alive after North Las Vegas fire

By The Associated Press | From Page:

 
Police link 2nd case to missing Va. student arrest

By The Associated Press | From Page:

Netanyahu: Hamas, Islamic State group share creed

By The Associated Press | From Page: | Gallery

 
Cancer doctor given 10 years for poisoning lover

By The Associated Press | From Page: | Gallery

Afghan president sworn in, paving way for US pact

By The Associated Press | From Page:

 
Police ease tactics in Hong Kong protest standoff

By The Associated Press | From Page:

Study: Recessions can postpone motherhood forever

By The Associated Press | From Page: | Gallery

 
White House intruder got far past front door

By The Associated Press | From Page: , 1 Comment

Obama efforts to oust Assad pushed to back burner

By The Associated Press | From Page:

 
Islamic State closes in on Kurdish area of Syria

By The Associated Press | From Page:

Sacramento police seek suspect in dog’s drowning

By The Associated Press | From Page:

 
Shooing birds from Bay Bridge could cost millions

By The Associated Press | From Page:

Governor signs bills to help those in foster care

By The Associated Press | From Page:

 
Mountain View police ID gas victims as father, son

By The Associated Press | From Page:

.

Opinion

Editorial cartoons for Sept. 30, 2014

By Daily Republic Syndicated Content | From Page:

 
 
.

Living

Today in History: Sept. 30, 2014

By The Associated Press | From Page:

 
I’m unhappy with Phil and playing ‘happy family.’ What should I do?

By Kathy Mitchell and Marcy Sugar | From Page:

Community Calendar: Sept. 30, 2014

By Susan Hiland | From Page:

 
Horoscopes: Sept. 30, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

Amanda Bynes arrested for DUI in Los Angeles

By The Associated Press | From Page: , 2 Comments | Gallery

 
They did. They do. Clooney/Alamuddin wedding No. 2

By The Associated Press | From Page: | Gallery

Football commands highest TV ad prices

By The Associated Press | From Page: | Gallery

 
TVGrid Sept 30

By Daily Republic Syndicated Content | From Page: B8

 
.

Sports

Developer asks for more time for LA football plan

By The Associated Press | From Page:

 
Monday’s sports transactions

By The Associated Press | From Page:

 
Raiders fire coach Dennis Allen

By The Associated Press | From Page:

Prep boys soccer: VCS still looking for 1st win of season

By Daily Republic staff | From Page:

 
Charles sends Chiefs to 41-14 rout of Patriots

By The Associated Press | From Page:

Clippers return focus to team post-Sterling

By The Associated Press | From Page:

 
Giants have ample experience facing elimination

By The Associated Press | From Page:

Dover installs catch fence for 2015 NASCAR season

By The Associated Press | From Page:

 
Warriors happy to have core back, build on success

By The Associated Press | From Page: | Gallery

All-women sports show debuts with perfect timing

By The Associated Press | From Page:

 
Autopsy shows Chiefs LB Belcher had CTE damage

By The Associated Press | From Page:

AJ Hinch hired to manage Astros

By The Associated Press | From Page: | Gallery

 
Phil Mickelson saves best shot for his captain

By The Associated Press | From Page:

MLB batting average lowest since 1972 – before DH

By The Associated Press | From Page:

 
Wild, wild SEC West set for historic day

By The Associated Press | From Page:

Kershaw 1st to lead majors in ERA 4 straight years

By The Associated Press | From Page:

 
AP source: 7 umpires rotate at World Series

By The Associated Press | From Page:

Pagenaud joins Penske for 2015 IndyCar season

By The Associated Press | From Page:

 
Texas’ Strong tells Goodell colleges can do better

By The Associated Press | From Page:

Hornets await NBA investigation into Taylor

By The Associated Press | From Page:

 
Trout, Strasburg giving playoffs a fresh look

By The Associated Press | From Page:

 
NC State coach: No. 1 Florida State faked injuries

By The Associated Press | From Page:

A’s Lester, Royals’ Shields in AL wild-card focus

By The Associated Press | From Page:

 
Raiders’ season spinning out of control

By The Associated Press | From Page: | Gallery

Harbaugh dismisses reports of 49ers discord

By The Associated Press | From Page: | Gallery

 
3-way race for NL MVP; Trout takes his turn in AL

By The Associated Press | From Page:

Stewart never considered retiring after Ward death

By The Associated Press | From Page: | Gallery

 
Twins fire manager Ron Gardenhire after 13 seasons

By The Associated Press | From Page:

.

Business

Bank of America paying $7.65M to resolve inquiry

By The Associated Press | From Page:

 
Microsoft to offer early look at next Windows

By The Associated Press | From Page: | Gallery

US stocks head lower, following drops overseas

By The Associated Press | From Page:

 
US consumer spending up 0.5 percent in August

By The Associated Press | From Page: | Gallery

ATM fees keep climbing, survey says

By The Associated Press | From Page:

 
.

Obituaries

.

Comics

Beetle Bailey Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Garfield Sept 30

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
B.C. Sept 30

By Daily Republic Syndicated Content | From Page: B6

Sudoku Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Wizard of Id Sept 30

By Daily Republic Syndicated Content | From Page: B6

Dilbert Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Crossword Sept 30

By Daily Republic Syndicated Content | From Page: B7

Baby Blues Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Baldo Sept 30

By Daily Republic Syndicated Content | From Page: B6

Peanuts Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth Sept 30

By Daily Republic Syndicated Content | From Page: B6

Cryptoquote Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Frank and Ernest Sept 30

By Daily Republic Syndicated Content | From Page: B6

Pickles Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Blondie Sept 30

By Daily Republic Syndicated Content | From Page: B6

Zits Sept 30

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy Sept 30

By Daily Republic Syndicated Content | From Page: B6

Bridge Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
Rose is Rose Sept 30

By Daily Republic Syndicated Content | From Page: B6

Word Sleuth Sept 30

By Daily Republic Syndicated Content | From Page: B7

 
.

Discover Solano Fall/Winter 2014

Discover Solano Fall 2014: Sonoma County

By Jess Sullivan | From Page: DIS2

Discover Solano Fall 2014: Winters

By Barry Eberling | From Page: DIS3

Discover Solano Fall 2014: Historic Downtown Winters

By Susan Hiland | From Page: DIS3

Discover Solano Fall 2014: Napa County

By Barry Eberling | From Page: DIS20

Discover Solano Fall 2014: Yolo County

By Jess Sullivan | From Page: DIS23

Discover Solano Fall 2014: Western Railway Museum

By Susan Hiland | From Page: DIS23

Discover Solano Fall 2014: Benicia

By Barry Eberling | From Page: DIS29

Discover Solano Fall 2014: Benicia Plein Air Gallery

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Downtown Benicia

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Benicia Fire Museum

By Susan Hiland | From Page: DIS31

Discover Solano Fall 2014: Benicia Marina

By Susan Hiland | From Page: DIS32

Discover Solano Fall 2014: Dixon

By Barry Eberling | From Page: DIS33

Discover Solano Fall 2014: Fairfield

By Ryan McCarthy | From Page: DIS35

Discover Solano Fall 2014: Jelly Belly Candy Co.

By Susan Hiland | From Page: DIS36

Discover Solano Fall 2014: Solano Town Center

By Susan Hiland | From Page: DIS36

Discover Solano Fall 2014: Fairfield Aquatics Complex

By Susan Hiland | From Page: DIS37

Discover Solano Fall 2014: Anheuser-Busch Brewery Tours

By Susan Hiland | From Page: DIS37

Discover Solano Fall 2014: Suisun Valley

By Barry Eberling | From Page: DIS39

Discover Solano Fall 2014: Glashoff’s Studio

By Susan Hiland | From Page: DIS40

Discover Solano Fall 2014: Manka’s Corner

By Susan Hiland | From Page: DIS41

Discover Solano Fall 2014: Wine Tasting

By Susan Hiland | From Page: DIS41

Discover Solano Fall 2014: Rio Vista

By Susan Winlow | From Page: DIS42

Discover Solano Fall 2014: Foster’s Bighorn Bar

By Susan Hiland | From Page: DIS43

Discover Solano Fall 2014: Suisun City

By Amy Maginnis-Honey | From Page: DIS45

Discover Solano Fall 2014: Rush Ranch

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: The Suisun Wildlife Center

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: Grizzly Island

By Susan Hiland | From Page: DIS46

Discover Solano Fall 2014: Vacaville Museum

By Susan Hiland | From Page: DIS47

Discover Solano Fall 2014: Downtown Vacaville

By Susan Hiland | From Page: DIS47

Discover Solano Fall 2014: Vacaville Premium Outlets

By Susan Hiland | From Page: DIS48

Discover Solano Fall 2014: Vacaville

By Susan Winlow | From Page: DIS49

Discover Solano Fall 2014: Nut Tree Plaza

By Susan Hiland | From Page: DIS50

Discover Solano Fall 2014: Vallejo

By Barry Eberling | From Page: DIS52

Discover Solano Fall 2014: Mare Island Museum

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Children’s Wonderland

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Vallejo Symphony

By Susan Hiland | From Page: DIS53

Discover Solano Fall 2014: Six Flags Discovery Kingdom

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Flyway Festival

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Bay Area Ridge Trail

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Vallejo Baylink Ferry

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Empress Theatre

By Susan Hiland | From Page: DIS54

Discover Solano Fall 2014: Solano County

By Barry Eberling | From Page: DIS55

Discover Solano Fall 2014: Solano County Golf Courses

By Susan Hiland | From Page: DIS56

Discover Solano Fall-Winter 2014 Calendar

By Glen Faison | From Page: DIS57

Discover Solano Fall 2014: The Petrified Forest

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Winters Opera House

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Sterling Winery

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Safari West

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: UC Davis Mondavi Center

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Calistoga Hot Springs

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Bale Grist Mill

By Susan Hiland | From Page: DIS59

Discover Solano Fall 2014: Scientopia Discovery Center

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Old Faithful Geyser

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: The Sonoma Raceway

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Hot Air Ballooning

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Robert Louis Stevenson Park

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Sonoma Train Town

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Vintage Aircraft Company

By Susan Hiland | From Page: DIS60

Discover Solano Fall 2014: Casinos

By Susan Hiland | From Page: DIS60