Path to Execution
The 328 men and two women under death sentences in California have a lengthy line of appeals available to them. For Robert Alton Harris, the legal journey lasted 13 years after his conviction. The three convicts at right, who are next in line, have used up all but their final appeals.
The Appeal Process*:
1. CONVICTION of murder with “special circumstances,” the only crime punishable by death (330).
2. AUTOMATIC APPEAL to state Supreme Court. Can take five years just to reach court (195).
3. U.S. SUPREME COURT direct appeal of the conviction and sentence (2).
4. STATE HABEAS APPEALS** to California courts (16).
5. FEDERAL HABEAS APPEALS** in U.S. District Courts (72).
6. LAST CHANCE PLEAS to U.S. 9th Circuit Court of Appeals and U.S. Supreme Court (3).
7. EXECUTION in San Quentin gas chamber.
330 Indicates number of convicts at that step in the process.
* Includes 42 convicts who are between appeals or awaiting new trials.
** Habeas appeals are constitutional challenges brought after direct appeals are exhausted.
The Law:
The “special circumstances” that allow for the death penalty include multiple murder or murder of a police officer, during the commission of a felony, involving torture or while lying in wait.
Who’s Next:
Edgar M. Hendricks, 39:
Murdered two San Francisco men in a robbery during a paid sexual encounter. Sentenced 1981.
Melvin M. Wade, 35:
Beat his 10-year-old stepdaughter to death in San Bernardino. She was held in a duffel bag, a dog leash wrapped around her neck. Sentenced 1982.
Bernard Lee Hamilton, 40:
Convicted in mutilation murder of a San Diego college student who was the mother of 3-week-old child. Head and hands were cut off victim’s body. Sentenced 1981.