State High Court Upholds 5th Death Penalty in 8 Days

The California Supreme Court, ruling in what it called a murder of “exceptional brutality,” on Thursday upheld the death penalty for the killer of an elderly former hairdresser who advertised for a homosexual lover in a tabloid newspaper.

The court unanimously affirmed the death sentence imposed on James Andrew Melton, 36, of Oakland, for the 1981 strangulation murder of Anthony DeSousa, 77, during a burglary and robbery at the victim’s Newport Beach condominium.

In a ruling lawyers said may help bring more death verdicts, the justices also held by a separate vote of 6 to 1 that the jury, in deciding whether to impose the death penalty, was properly allowed to consider the burglary and robbery as separate “aggravating circumstances”--even though they resulted from essentially a single course of action.

The court, rejecting a contrary ruling it made in 1984, said it was “constitutionally legitimate” for the state to consider a murderer more deserving of death if he not only robs his victim but also commits a burglary in the process.

“Robbery involves an assaultive invasion of personal integrity; burglary a separate invasion of the sanctity of the home,” wrote Justice David N. Eagleson in his first majority opinion in a capital case since joining the court last March. “Society may deem the violation of each of these distinct interests separately relevant to the seriousness of a capital crime.”

The ruling marked the ninth death sentence the court has upheld in 13 capital cases decided since a conservative majority took control a year ago. Five death sentences have been affirmed in the last eight days.

An attorney for Melton, Robert F. Kane of Tahoe City, said he had informed Melton of the decision during a visit Thursday at San Quentin state prison.

“Of course he was disappointed--but not really too surprised,” Kane said. “The prisoners (on Death Row) at San Quentin are all a little surprised over how fast the court is moving. They’re on the edge of their seats . . . and expecting the worst.”

Kane said he would ask the court to rehear the case and if that fails, appeal to the U.S. Supreme Court.

State Deputy Atty. Gen. Rudolf Corona Jr. called Thursday’s ruling “totally warranted” because of the nature of the crime. “This was a really very egregious offense. . . . The defendant preyed on the homosexual community,” he said. “His depraved and predatory nature was underscored by the fact that in his adult life, the greatest length of time he has been out of prison was nine months.”

Corona said Thursday’s ruling would provide an expanded basis for death verdicts in the numerous capital cases that involve murders committed during the course of other felony offenses. Pending appeals that challenge the separate consideration of such offenses now are much more likely to be affirmed by the justices, he said.

“We’re pleased to see the court taking command of its death penalty caseload,” Corona said. “The court is issuing understandable decisions, setting clear and concise rules to be followed during trial.”

Thursday’s decision came over a dissent by Justice Allen E. Broussard, who while agreeing that Melton’s sentence should be upheld, said the court was improperly permitting “double-punishment” for a single course of conduct.

The court should have followed a plurality holding in the 1984 case that a duplicative use of aggravating circumstances “artificially inflates” the likelihood the jury will return the death penalty, Broussard said.

Melton, who entered the California Youth Authority at age 13 and whose adult record includes seven previous felony convictions, was accused of plotting with a former prison associate to rob affluent males who placed personal ads in homosexual newspapers.

According to the prosecution, Melton’s associate contacted DeSousa after seeing his ad in the Advocate, a gay tabloid. When the two found that they were sexually incompatible, the associate introduced DeSousa to Melton, who had just been paroled from prison.

Later, DeSousa’s nude and battered body was found in his ransacked residence, an electrical cord knotted around the neck. After a tip from the associate, who later was granted immunity from prosecution, police found Melton in possession of the victim’s car and other property.

Melton was charged with burglary--the entering of DeSousa’s residence under false pretenses--robbery and first-degree murder. Melton was eligible for the death penalty because the murder had been committed during a felony. Melton was convicted and sentenced to death in March, 1983.

In another action, the justices agreed to review a state Court of Appeal ruling last December that mental patients committed involuntarily to health facilities may legally refuse to take anti-psychotic drugs.

A unanimous three-judge appellate panel, citing the potential effect of the drugs on the mind, said patients could not be forced to receive such treatment except during emergencies or when a judge finds that they cannot make an informed choice on their own.

Lawyers for St. Mary’s Hospital and Medical Center in San Francisco asked the high court to hear the case, contending that the decision would have a widespread adverse impact on the ability of physicians to treat such patients.