Harris Argues Against Role for Governor : Death penalty: Killer scheduled to be executed April 3 says Deukmejian could not be impartial and asks him not to preside at clemency hearing.

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 his clemency hearing.

In a letter to the governor dated Monday and obtained by The Times, Harris said he did not think 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 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.

Although the letter actually was prepared by Harris’ lawyers, “the sentiments expressed are mine,” Harris said in it.

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

The clemency hearing is to be held March 27. Harris, 37, is scheduled to be executed April 3 for the 1978 murders of two San Diego teen-agers. He would be the first person executed in California in 23 years.

Harris 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 site of California’s Death Row and gas chamber.

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

Contending in his Monday letter that 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--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. Harris’ letter cited a United Press International story from Deukmejian’s 1982 gubernatorial campaign that reported Deukmejian had “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,” the letter said.