D.A. Urges Death for Ramirez : Defense Forgoes Calling Witnesses, Pleads for Mercy

In a surprise move, defense attorneys for convicted Night Stalker Richard Ramirez declined to call any witnesses--including the defendant--during the penalty phase of his trial Wednesday, and the case went to the jury after only two hours of final arguments by both sides.

A prosecutor urged the jurors, who will begin deliberations today, to recommend that the serial killer get his “just desserts” by being put to death in San Quentin’s gas chamber, while a defense attorney asked them to “show mercy.”

Gruesome Murders

Deputy Dist. Atty. P. Philip Halpin described in detail the gruesome murders committed by Ramirez during a crime rampage in the spring and summer of 1985, then told the solemn-faced jurors, “If anyone has ever earned the death penalty, Richard Ramirez has.”

He argued that the death penalty is “not the moral equivalent of murder,” but rather “a bonding together of our society in an attempt to survive” by discouraging actions like those of Ramirez.

“It is difficult for us, as human beings, to face this type of evil without trying to deny it, without trying to rationalize it, without trying to explain it away,” Halpin said softly in the hushed courtroom. “You have to look this case right in the face.”

He said the defense had presented no mitigating evidence that would warrant life without possibility of parole instead of the gas chamber. Those are the only alternatives possible under California law for those convicted of a first-degree murder and at least one finding of a “special circumstance,” such as burglary or sex crimes.

Ramirez, a 29-year-old drifter from El Paso, Tex., was convicted of 13 murders and 30 felonies last week. He refused to remain in court for the reading of the guilty verdicts, but he was present for Wednesday’s arguments. Wearing his trademark dark glasses, jailhouse blues and leg chains, the shaggy-haired convicted murderer rocked in his chair, chatted with his lawyers and occasionally turned around to view the overflow crowd of spectators.

‘Caught Flat-Footed’

Los Angeles Superior Court Judge Michael Tynan, saying he was “caught flat-footed” by the defense’s decision to call no witnesses nor to put their client on the stand to plead for his life, asked Ramirez if he was in full agreement.

“Yes,” he replied in a husky voice.

Defense attorney Ray Clark told reporters the decision was a tactical one.

“They (prosecutors) can’t call rebuttal witnesses,” he explained.

Clark added that his client saw no need to put his life on display or expose his family and friends to further ordeal. Ramirez’s father and several other family members testified on his behalf during the guilt phase of the trial.

Daniel Hernandez, another defense attorney, said he had lined up scores of witnesses willing to testify about Ramirez’s “value as a human being” and his early life in El Paso.

Unanswered Questions

Legal experts said that under recent Supreme Court rulings, the defense strategy, although unusual, does not open the door to an appeal of the sentence on grounds of incompetent counsel.

But it does leave many questions unanswered, the foremost being what might have driven Ramirez to commit such heinous crimes. He not only burglarized, raped and killed, but gouged out eyes, slit throats and beat his victims beyond recognition.

Clark, in a rambling final argument that referred to Northern Ireland, slavery, “My Fair Lady” and Patrick Henry, asked the jury of seven women and five men to have “mercy” on Ramirez, which he defined as compassion for the undeserving.

“You don’t need to know what is wrong to know that something is wrong” with Ramirez, Clark said.

“Let’s say we believe he was possessed,” he said, referring to evidence that suggests Ramirez is a devil-worshiper. “Then sympathy goes to the devil.

“I’m asking for life,” Clark implored.

Justice Would Be Served

Society would be protected, Ramirez would be severely punished and justice would be served, he said.

“Mr. Ramirez will die in prison; the verdicts you returned last week assured that,” Clark said. “The only question is whether he dies according to your schedule or that of the state of California--or the schedule of God.

“He will never see Disneyland again. Or Playa del Rey. He will never be free.”

If the jury deadlocks, Tynan will have to declare a mistrial of the penalty phase. That will require selection of a new jury and an exhaustive replay of the evidence that led to the conviction.

If the jury recommends death, the judge must decide if the recommendation is warranted, and formal sentencing would then follow--after time for possible psychiatric evaluations.

Under California law, all death sentences are automatically appealed to the state Supreme Court. If affirmed, the sentence can still be appealed, up to the U.S. Supreme Court, a process that could take years.