THREE FACING EXECUTION IN CALIFORNIA

Since California reinstated the death penalty in 1977, the California Supreme Court has upheld the death sentences of three murderers. The first person to be executed in California since 1967 is likely to be one of these men. Each is now using an appellate procedure called habeas corpus,which allows a defendant to raise any legal issue in an effort to overturn his sentence. Although none of them have exhausted their appeals, of the 167 prisoners on Death Row, these three are closest to the gas chamber.

ROBERT ALTON HARRIS

- Crime: On July 5, 1978, Harris, a parolee on a manslaughter conviction, shot to death teen-agers John Mayeski and Michael Baker, after forcing them to drive from a San Diego grocery store to a remote fire road. Harris wanted their car for a bank robbery.

- Status: The California Supreme Court affirmed the conviction on Feb. 11, 1981, by a 4-2 vote. In January, 1984, the U.S. Supreme Court rejected Harris’ appeal that before a court sentences a murderer to death, it must ensure that the penalty is proportionate to sentences for similar crimes. Now Harris, in what his lawyer calls his “last, best shot” at a reversal, is claiming that the death penalty is applied in a discriminatory manner against men whose victims were white, and that the trial judge should have granted a change of venue. His case is pending before the U.S. 9th Circuit Court of Appeals. He could appeal the 9th Circuit decision to the U.S. Supreme Court again.

EARL LLOYD JACKSON

- Crime: Jackson beat to death Vernita Curtis, 81, on Aug. 29, 1977, and murdered and raped Gladys Ott, 90, with a bottle in Long Beach on Sept. 7, 1977. He told a friend that the women were “two old bags who were a nuisance and got what they deserved.”

- Status: On Oct. 23, 1980, the state Supreme Court affirmed the convictions by a 4-3 vote. The U.S. Supreme Court in March, 1981, refused to hear his appeal. The case now is pending in habeas corpus proceedings before Justice Bernard Jefferson, a retired state Court of Appeal justice. Jefferson was appointed by the Supreme Court to hear the remaining claims and make a recommendation to the court. Jackson argues that his trial lawyer was incompetent and that the death penalty is unconstitutional because it is applied in a discriminatory manner against blacks who murder whites. As part of the appeal, Jefferson ordered the state attorney general and the Los Angeles County district attorney’s office to produce details on as many as 10,000 homicide cases. That order is being appealed.

STEVIE LAMAR FIELDS

- Crime: On Sept. 28, 1978, Fields, on parole from a prison term for manslaughter, shot and killed USC librarian Rosemary Cobb while Fields’ sister drove them along the Santa Monica Freeway. He had kidnaped Cobb, forced her to have sex with him and ordered her to give him money.

- Status: The state Supreme Court affirmed the conviction on Dec. 29, 1983, by a 4-2 vote. Last October, the U.S. Supreme Court refused to hear his appeal. His habeas corpus petition has been pending before the state Supreme Court since December, 1984. He is claiming he was inadequately represented by counsel at his trial and in a previous appeal.