San Francisco Chronicle

Jury rules for state executions debated

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

In response to a rare inquiry from the state Supreme Court on the rules for death penalty trials in California, defense lawyers argued Wednesday that laws in effect since the 1970s violate defendants’ constituti­onal right to a unanimous jury verdict on whether they should live or die.

“When criminal juries make fundamenta­l decisions ... these decisions are held to the law’s highest standards, beyond a reasonable doubt and by a unanimous vote,” Elias Batchelder, a deputy public defender representi­ng a Los Angeles man appealing his death sentence, told the justices. “As a society, we do not want people to be wrongfully executed.”

Those high standards were set by the state Constituti­on as early as the 1870s, Batchelder contended, but are violated by the state’s death penalty law in several ways: It allows each juror to decide which “aggravatin­g factors” applied to the case, such as a defendant’s criminal record, gang connection­s, or the “heinous” nature of the killing; it does not require unanimous agreement on any of those factors; and, while it requires a unanimous sentencing verdict, it does not require jurors to reach that decision beyond a reasonable doubt, the strict standard that applies to conviction­s.

“Unanimity and proof beyond a reasonable doubt are a reliable answer to the most profound issue that we ask a juror to answer in any case, whether the person before them should live or die,” said attorney John Mills, representi­ng a group of constituti­onal scholars.

The hearing followed the court’s unusual request that the opposing sides, and other interested parties, discuss whether standards for jury deliberati­ons in California’s death penalty law violate state constituti­onal requiremen­ts for jury verdicts.

If the court found such violations, it could require a new penalty trial not only for Donte McDaniel of Los Angeles, whose lawyers had raised the issue, but also for about 285 condemned inmates whose sentences are awaiting the court’s review — or even for all 703 inmates on the nation’s largest Death Row.

In response, Gov. Gavin Newsom, who declared a moratorium on executions after taking office in 2019, became the first California chief executive to file arguments challengin­g the state’s applicatio­n of the death penalty, contending it was both unfair and racially discrimina­tory. Several district attorneys, including those in San Francisco and Los Angeles, filed similar briefs, opposing the views of most county prosecutor­s. Law professors and activists on both sides of the issue have also weighed in.

But the court gave few indication­s of its intentions during Wednesday’s 75minute hearing. Only three of the seven justices asked any questions, and they did little to tip their hands — mostly observing, in the words of Justice Joshua Groban, that the line between jurors’ findings about the objective facts of the case and their moresubjec­tive conclusion on the appropriat­e sentence was “pretty blurry.”

Justice Goodwin Liu, perhaps the court’s most liberal member, told Mills that the California court has never overturned a death sentence for reasons like those the defense was presenting and would have to reverse a number of precedents to invalidate the current procedures.

But Liu and Justice MarianoFlo­rentino Cuéllar seemed receptive to the defense argument that a death sentence is based on jurors’ findings of fact — about the crime and the defendant’s record — and therefore

“As a society, we do not want people to be wrongfully executed.”

Elias Batchelder, deputy public defender

must be decided beyond a reasonable doubt, rather than the current, moresubjec­tive standard.

Otherwise, Cuéllar said, sentencing decisions in capital cases could be left to the trial judge, without jury deliberati­ons.

But Deputy Attorney General Dana Muhammad Ali said the sentencing determinat­ion was “not a question of fact,” but instead a moral decision on “whether death is the appropriat­e punishment,” after jurors assess the facts.

That distinctio­n, Groban told her, seems “pretty subtle.”

Ali, representi­ng Attorney General Rob Bonta, who opposes the death penalty, said the standards urged by the defense “would approve our system of capital punishment and make it more reliable” but are not required by the state Constituti­on. She said they could be added to the law by California voters, who narrowly rejected ballot measures to repeal the death penalty in 2012 and 2016 and must approve any changes in the current law.

McDaniel was 24 when he and a companion, Kai Harris, entered a Los Angeles apartment in April 2004 to demand money for a gangrelate­d drug sale, according to prosecutor­s. Harris fatally shot two people, and McDaniel shot and wounded two others. Both were convicted of two murders and sentenced to death in 2009. Harris’ separate appeal is pending.

A ruling in People vs.

McDaniel, S171393, is due within 90 days.

 ?? Eric Risberg / Associated Press ?? A guard escorts a death row inmate at San Quentin State Prison. Death sentence rules for juries are under court review.
Eric Risberg / Associated Press A guard escorts a death row inmate at San Quentin State Prison. Death sentence rules for juries are under court review.

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