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L.A. Law Firm Asks Wilson to Grant Clemency to Convicted Killer Harris

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TIMES STAFF WRITERS

A Los Angeles law firm entered the fray over the fate of convicted murderer Robert Alton Harris on Wednesday by formally asking Gov. Pete Wilson to grant executive clemency to the first convict set to be executed in California in 25 years.

A spokesman for the governor announced the request but would not release the name of the law firm. James Lee, an assistant press secretary to Wilson, said the name of the firm--which has not previously been part of the Harris defense team--would probably be revealed today.

“The petition is proprietary,” Lee said in explaining why he would not identify the law firm. “It is a (confidential) lawyer-client thing.”

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Other sources, however, said the firm has an Establishment reputation and was evidently called upon by Harris’ defense team to improve the chances that Wilson, a strong advocate of capital punishment, will give a serious hearing to the petition for clemency.

Harris is scheduled to die April 21 in the San Quentin gas chamber and seems to have exhausted his appeals through the courts, leaving a clemency ruling by Wilson as one of his final hopes.

Harris has been represented throughout his 13 years of appeals by San Diego defense lawyers Charles M. Sevilla and Michael J. McCabe. In recent years the American Civil Liberties Union, which seeks to end capital punishment, has also been involved.

Though Wilson had no reaction Wednesday, he has said recently that he intends to determine quickly how to handle Harris’ clemency plea.

“The governor will soon finalize procedures and we will announce them at that time,” press secretary Bill Livingstone said.

Under the California Constitution, Wilson has the power to commute the death sentence to a life prison term but cannot grant clemency unless a majority of the state Supreme Court concurs. The governor has been critical of the appellate court system that has taken 13 years to decide Harris’ case.

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Harris, 39, was convicted in 1978 of the murders of John Mayeski and Michael Baker, two 16-year-olds, outside San Diego.

In 1990, when Harris came within days of being executed before a federal appeals judge issued a stay, he declined to file a clemency request with then-Gov. George Deukmejian.

Harris’ advocates hope to sway the governor by citing Harris’ history of severe child abuse, brain damage and other mental infirmities.

Morain reported from Sacramento and Hager from San Francisco.

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