Tougher Stands on Crime, Death Penalty : Democrats Inch Toward Center

The liberal breezes in the Democratic-dominated state Legislature are shifting toward the middle as Democrats seek to establish themselves as crime fighters who are just as tough on lawbreakers as the Republicans are.

For example, more than two dozen Democratic lawmakers sent an open letter to delegates to the party’s state convention this weekend declaring that they “support imposition of the death penalty in appropriate cases.” Included was Assemblyman Tom Hayden, the fiery anti-Vietnam War liberal who has been working hard to cultivate a moderate image.

Hayden said Friday that he believes the death penalty should be imposed only as a “last resort,” but asserted: “If somebody killed a member of my family, I would want the death penalty as a option.”

Historically, Democratic candidates in California have not supported capital punishment.

Several moderate-to-conservative Democratic lawmakers said in interviews Friday that, like it or not, the party is perceived by voters as not being as committed to the fight against crime as is the GOP. And they said they want to change that perception.

A similar letter was dispatched to nine potential Democratic presidential candidates by Los Angeles Dist. Atty. Ira Reiner, Assemblyman Gary A. Condit (D-Ceres) and Sen. Daniel E. Boatwright (D-Concord)--all supporters of capital punishment and of legalized wiretapping of major drug dealers.

Actually, some Democratic legislators have been seeking for the last few years to establish themselves as tough on crime. But they have been only nominally successful. Now, these conservative and moderate Democrats want to seize the law-and-order issue as their own and persuade liberal party activists--such as the delegates here this weekend--to join up with them.

“The legislators and the majority of the party are much more moderate and middle of the road than the party activists have been,” said Assemblyman Richard Katz of Sepulveda, who signed the letter to delegates. “Democratic elected officials are responsive to and reflective of the folks who elect them. Party activists come from a narrow basis. . . . They are more ideological or hard-core types than the party at large.”

He said that about 10 years ago, the Democratic Party made “a big mistake by turning its back on the crime issue.” Now, Katz said, “it is important to remind activists that to an extent they are elitists who have to be aware of the broad constituency.”

Another Democrat who signed the letter, Assemblyman Lloyd G. Connelly of Sacramento, a specialist on toxic waste issues, said the official Democratic Party organization in California fails to reflect those who “are sympathetic on environmental or social issues but who are also very tough on crime issues.”

“Democrats and Republicans alike are victims of crimes,” said Assemblyman Richard Polanco (D-Los Angeles). “Criminals do not ask your political affiliation before they hit you over the head.”

In the open letter to convention delegates, the 30 Democratic lawmakers and Lt. Gov. Leo T. McCarthy, in addition to declaring their support for the death penalty, also advocated legislation to prevent the “premature” release of murderers from prison and increased punishment for criminals who prey on the aged, handicapped and developmentally disabled.

The letter was not signed, however, by Democratic Assembly Speaker Willie Brown of San Francisco, Senate President Pro Tem David A. Roberti (D-Los Angeles), their top lieutenants in party leadership positions or others usually regarded as traditional liberals.

And the letter drew criticism from maverick Assemblyman Richard E. Floyd (D-Hawthorne), who sent his own statement to delegates urging that “we as Democrats should do more than pander to people’s fears.” He said Democrats should look at “the whole problem” of crime “or we’ll just be kidding ourselves.”

Democrats during the new legislative session have introduced a wide variety of anti-crime bills, including one by Polanco to require criminals involved in drug-related offenses to undergo regular drug testing as a condition of probation, and a measure by Sen. Wadie P. Deddeh (D-Chula Vista) to make it easier to prosecute pornographers.

The shift of Democrats toward the political middle actually began last year in the Senate when a handful of conservative and moderates led by Sen. Robert B. Presley (D-Riverside) formed their own informal caucus because they felt that Senate leader Roberti basically was too liberal.

In the Assembly, a move toward the middle also occurred this week when Assemblyman Phillip L. Isenberg (D-Sacramento), a pragmatic liberal, began drafting legislation that he hopes will end a longstanding fight over teen-age abortions without parental consent. The issue has deeply divided Democrats for years.

Isenberg is a member of Speaker Brown’s inner circle but said he is drafting the measure on his own and not at Brown’s request. He said it would require pregnant minors who choose not to ask their parents for an abortion to seek administrative hearing approval. If the parents said no and the daughter elects to have the baby, her parents would become legally and financially responsible for the child.

Isenberg, who describes himself as “pro-choice” on the abortion issue, was attacked by the California chapter of the National Organization for Women, which promised to campaign against those who support the proposal.