Delay in Executions Frustrates Him and the Public, Governor Declares : Criminal justice: Deukmejian blames defense attorneys and predicts that the return of capital punishment will deter some potential killers.

Gov. George Deukmejian, who wrote the death penalty law under which San Diego murderer Robert Alton Harris was sentenced to the gas chamber, said Wednesday that both he and the public have become frustrated waiting for the resumption of executions in California.

He blamed defense attorneys who “always seem to be able to come up with some new approach to delay the implementation of the law.”

Deukmejian predicted that the return of capital punishment--which could occur with Harris’ execution sometime in the spring--will deter some murders.

But despite his “long-held view that capital punishment is appropriate for anyone that commits willful, deliberate, premeditated murder,” the governor insisted that he has not prejudged an expected clemency request by Harris, a twice-convicted felon who was sentenced to death 11 years ago for killing two teen-age boys while stealing their car for a bank robbery.

On Tuesday, the U.S. Supreme Court rejected Harris’ broad challenge to his death sentence.

“If there is a request for clemency,” Deukmejian pledged, “then I will certainly give it very thorough and very serious consideration in keeping with my responsibilities as governor.”

At a wide-ranging Los Angeles press conference, Deukmejian also:

- Made it clear, without saying so specifically, that he would veto a bill currently being rushed through the Legislature to restore $20 million in family planning funds he cut last year. “The Legislature is acting too hastily and should not push forward on this issue” while his legal authority to cut the funds is being challenged in the courts, he said.

Beyond that argument, the governor has signaled that he does not care much for the legislation anyway.

- Asserted that Southern Californians should not be worried about the aerial spraying of pesticides in the war against the Mediterranean fruit fly. “I can certainly understand some of the concerns of residents having helicopters flying over their areas,” he said. “But they shouldn’t be concerned about any dangerous effect of the spraying of malathion. It has been conclusively established that it is not harmful to anybody. . . . The amount that is sprayed is really minuscule.”

- Called upon Los Angeles city officials to drop their “frivolous suit” seeking to block construction of a state prison in an industrial area east of downtown. “City officials are saying with this lawsuit, ‘not in my back yard,’ ” Deukmejian said. “However, the facts are that 40% of the convicted felons in this state do come from their (Los Angeles County) back yard and it appears as though the city intends to treat convicted criminals as a principal export from this area to other parts of the state.”

“What’s more,” the governor continued, “this facility will be an economic boon to the area. . . . Anybody who visited that area could see it could use some improvement. And this facility would be a major improvement.”

Deukmejian’s press secretary, Robert Gore, said later that the governor also feels strongly that a second controversial state prison should be built in Los Angeles County near Lancaster. The Board of Supervisors is trying to block construction of that penitentiary, too.

Councilwoman Gloria Molina, who long has battled against the proposed Eastside prison, said the city has no intention of withdrawing its lawsuit.

Deukmejian held his press conference as part of a strategy to get around the state and reacquaint himself with Californians while promoting the programs he is pushing during his final year as governor. A recent statewide survey by The Times Poll found that four in 10 voters could not name a state problem that Deukmejian had dealt with successfully.

Reporters, rather than the governor, raised the issue of capital punishment--more specifically, the Harris case.

Asked whether he was frustrated by the fact that nobody has been executed in California for 23 years, yet as a state senator he pushed through legislation 13 years ago aimed at restoring capital punishment, Deukmejian replied:

“Certainly. Not only do I have frustration, I know that the overwhelming majority of the people in the state are frustrated. . . .

“I’ll tell you, the defense lawyers always seem to be able to come up with some new approach. . . .”