Governor Backs Latest Death Penalty Rulings

Gov. George Deukmejian, an ardent advocate of capital punishment, said Friday that the state Supreme Court acted appropriately this week in unanimously overturning two death sentences in separate murder cases.

But the Republican governor, who has hammered away at three of the justices for refusing to support the death penalty, said the decisions do not shake his determination to oust the trio. And he promptly renewed his attack on Chief Justice Rose Elizabeth Bird, saying she should be removed from the bench because she has voted to overturn the death penalty too many times.

Meanwhile, the Deukmejian Administration announced in Sacramento that it will take no action on allegations of racism against Parks and Recreation Director William S. Briner until the federal Equal Employment Opportunity Commission completes its proceedings in the matter. The federal agency has accused Briner of making racial slurs in conversations with employees and forcing the department’s highest-ranking black employee to quit.

Before the announcement, Deukmejian told reporters in Riverside that he had complete confidence in the state official conducting an internal investigation into the charges. The official, Deputy Resources Secretary Terrence Eagan, has had a long association with Briner and apologized publicly three years ago for making an ethnic remark of his own.

Low-Key Day

On a low-key day of campaigning, Deukmejian started out the day in Riverside to participate in a ceremony dedicating the S. Christa McAuliffe Elementary School, named after the teacher-astronaut who died in the explosion of the space shuttle Challenger on Jan. 28.

Afterwards, the governor was asked to comment on the Supreme Court’s recent decisions to overturn the death penalty--in one case because blacks were excluded from the jury, and in a second because the trial judge failed to make an independent determination of whether the evidence supported a death sentence.

Acknowledging that in some cases it is appropriate to reverse the death penalty, Deukmejian said: “We’re all in favor of maintaining a system where an accused person is given a fair trail. Obviously, if there has been error in a certain trial then that should be overturned and the case retried.”

Both of Deukmejian’s appointees to the court, Justices Malcolm M. Lucas and Edward A. Panelli, joined in voting to overturn the death sentences.

Despite his agreement with the decisions, Deukmejian accused Bird, as well as Justices Joseph Grodin and Cruz Reynoso, of voting too often to overturn capital sentences because “they have not been able to put aside their own personal views on the death penalty issue.”

Questioned Time Span

The governor also questioned why it took the court five years to reach a decision in the case in which blacks were kept off the jury.

Deukmejian’s decision to take no action against parks Director Briner comes as the governor seeks to keep the question of race from becoming an issue in his campaign for reelection.

Briner, according to the federal agency’s allegations, “openly and routinely” used such terms as “nigger, spear-chucker, nip, broad, wop and spic.” He has denied the agency’s charges.

Eagan, who has known Briner for 15 years, recruited him for the state post and once had a business relationship with him, carried out an inquiry into the charges at the governor’s direction. Three years ago, Eagan himself publicly apologized for saying he was searching for “blond-haired Aryans” to fill state posts.

Deukmejian told reporters: “I have every faith in Terry Eagan. I am very confident that he will do a first-rate objective inquiry into the allegations that have been made.”

Later in the day, the governor’s office announced that after reviewing the findings of Eagan’s inquiry, “the governor has concluded that no further action should be taken in this matter until the completion of proceedings before the Equal Employment Opportunity Commission.”

The federal agency is conducting negotiations with Briner, either to win reinstatement of the fired employee or reach agreement on a financial settlement.

“The allegations have been unequivocally denied by Director Briner,” a spokesman for the governor said. “Further action by the Administration could interfere with the legal process currently in progress and could compromise Mr. Briner’s ability to defend against the complainant’s unsworn complaint.”