Support Sought for ‘3 Strikes’ Alternative

Los Angeles County Dist. Atty. Gil Garcetti and the father of murder victim Polly Klaas called on Gov. Pete Wilson and the Legislature on Thursday to put an alternative “three strikes and you’re out” proposal on the Nov. 2 ballot.

But Wilson, who in March signed legislation identical to the “three strikes” ballot initiative that has already qualified, promptly announced that he would veto any such bill.

“I think it is wrong to weaken the ‘three strikes’ measure,” Wilson told reporters at a Republican Party gathering. “That’s exactly what those folks are aiming to do, that’s the whole purpose of (the second ballot measure) effort. I will not participate in the weakening of the ‘three strikes’ law.”

Wilson’s warning of a veto dimmed hopes for what supporters contend would be a more effective but less costly alternative to the first “three strikes” initiative, sponsored by Fresno photographer Mike Reynolds, whose daughter was slain by a repeat felon.

The chief element of the alternative, which has not been written into bill form, would send criminals to prison for 25 years to life if their third felony was a violent act. The “three strikes” initiative that already qualified for the ballot requires that the third offense be a serious felony but not necessarily a violent one. Under either measure, the first two strikes can be serious or violent.

However, given the Legislature’s tough-on-crime mood in this election year, it seems unlikely that an incumbent in a contested race would run the risk of being perceived as soft on crime by supporting an option to the “three strikes” law and ballot initiative.

In the Senate, President Pro Tem Bill Lockyer (D-Hayward) conceded that Senate Democrats were split over whether to try to draft a modification of the original law. GOP leader Ken Maddy of Fresno said most Republicans oppose putting a second “three strikes” plan on the ballot because it would confuse voters.

Lockyer, who has been sampling opinion for the last two months on enacting some form of alternative and testing law enforcement support, told reporters that no consensus had developed.

Garcetti and Marc Klaas, the father of Polly, whose abduction from her home and slaying last year propelled the “three strikes” initiative to qualify for the ballot, contended that the proposed option would be less costly and would target violent felons instead of bad check writers, home burglars and other nonviolent criminals.

At a news conference called to muster support for an alternative, Klaas noted that he originally backed the “three strikes” ballot initiative.

“In the depth of despair which all Californians shared with my family immediately following Polly’s murder, we blindly supported the . . . initiative in the mistaken belief that it dealt only with violent crimes,” Klaas said. “Instead, three out of the four crimes it addresses are not violent.”

Garcetti, who reported his office has filed more than 400 “three strikes” cases since Wilson signed the bill that mirrors the “three strikes” initiative, warned that there may not be sufficient funds to bring all of them to trial.

“Let the taxpayers of California decide how their tax dollars are spent in prosecuting violent criminals,” Garcetti said.

But Wilson said prosecutors are given discretion under the current “three strikes” law to waive a “third strike” felony when appropriate.

The state Department of Corrections estimates that the “three strikes” law signed by Wilson would lead to a boom in construction of 20 prisons in the next few years and add $2 billion annually in operating costs.

Garcetti and other supporters of the alternative asserted that restricting the third strike to violent felons by exempting burglars and other nonviolent offenders would dramatically reduce costs.

To counter criticism that the alternative would weaken the “three strikes” law, sponsors wrote into it toughened provisions for dealing with sex crimes, including 15 years to life for a first conviction of forcible child molestation. Current law provides a term of three to eight years.

Reynolds and legislative sponsors of the “three strikes” law that Wilson signed held a news conference to denounce the alternative plan. “Voters have a choice in November. They can vote for (‘three strikes’) or they can vote against it,” said Assemblyman Jim Costa (D-Fresno).