Harris Protests Governor’s Role at Mercy Hearing : Execution: Condemned killer says Deukmejian’s background prevents him from impartially evaluating a plea for clemency.

Condemned killer Robert Alton Harris, saying a politician “committed to my execution” should not decide whether he should be spared from the gas chamber, is asking Gov. George Deukmejian not to preside at an upcoming clemency hearing.

In a letter to the governor dated Monday and obtained by The Times, Harris, scheduled to be executed April 3, said he did not think that Deukmejian could make a “fair and impartial” evaluation of his clemency request.

Harris said there were several reasons why he had reached that conclusion, most obviously the fact that Deukmejian is the author of the 1977 law reinstating the death penalty in California--the one used to sentence Harris to die. Among the other factors was what Harris called Deukmejian’s “publicly stated prejudgment” not to grant clemency.

Neither Deukmejian nor his staffers were available for comment on the letter, which was released Tuesday evening.

Harris, 37, convicted of the 1978 killings of two teen-age San Diego boys, is in line to become the first person executed in California in 23 years. His case has progressed further through the court system than any of the more than 270 prisoners on Death Row.

In early January, shortly before the U.S. Supreme Court rejected a broad challenge to Harris’ death sentence--the fourth time it has rejected a Harris appeal--Harris’ San Diego lawyers, Charles M. Sevilla and Michael McCabe, filed a new appeal with the California Supreme Court.

The state Supreme Court has given no indication whether it will even agree to hear that appeal. Harris, meanwhile, wrote Deukmejian a letter in late January requesting clemency, claiming he has shown during more than a decade on Death Row that he can “play a positive role” if he is allowed to live out his days in prison.

In response, Deukmejian announced Feb. 22 that he would convene a clemency hearing at San Quentin, the location of California’s Death Row and gas chamber. Deukmejian also said he would preside, and set the hearing for March 27, a week before Harris’ scheduled execution date.

Harris said in his letter Monday that he was “disturbed” to learn that the hearing is to be televised. Although the letter actually was prepared by Harris’ lawyers, “the sentiments expressed are mine,” Harris said.

Under state law, Deukmejian will have to obtain approval from the state Supreme Court if he decides to grant clemency.

Contending he wishes only a “fair opportunity to present my case,” Harris said he had to ask Deukmejian to withdraw from the clemency hearing because it was “clear” he could not get an “impartial and fair evaluation” of his request if the governor presided.

Citing Deukmejian’s “longtime, vigorous support” of capital punishment, Harris referred to the 1977 death penalty law and said, “I know the issue of reinstating and implementing the death penalty in California has been important to your political career.”

Harris also noted that Deukmejian--who served as the state attorney general before being elected governor in 1982--took part in prosecuting the first rounds of Harris’ appeals in state and federal court. That role creates a conflict of interest, Harris said.

If a prosecutor successfully pursued a case, was elevated to the bench and then had to sentence the same defendant, there would be a conflict of interest that would bar the new judge from presiding at the sentencing hearing, Harris said. “I think the same analogy applies to my case,” he said.

Finally, Harris said, Deukmejian indicated long ago that his mind was made up when it came to a request for clemency. A wire service story from Deukmejian’s 1982 gubernatorial campaign reported that Deukmejian “promised not to interfere with an execution if he’s elected governor,” Harris said.

Harris ended his letter by saying he would appreciate it if Deukmejian would respond to his request promptly. “Time is of the essence,” Harris said.