Decision to Seek Death Penalty

* In “ ‘Justice’ by Prosecutorial Whim” (Commentary, April 21) defense attorney Barry Levin suggests the decision to seek the death penalty is an arbitrary process and perhaps this arbitrariness was demonstrated in the Menendez brothers’ murder case. Neither is correct.

According to the California Penal Code, with constitutional guidelines from the U.S. Supreme Court, only those murders that are committed under “special circumstances” are subject to the death penalty.

The prosecuting agency must conduct its own evaluation whether the “aggravating” circumstances outweigh the “mitigating” circumstances to justify imposing the death penalty. In Los Angeles County, a committee of senior district attorney managers makes that determination.

The committee considers all information available to the prosecution that is relevant and invites defense attorneys to provide any additional information. All extenuating circumstances are considered. Only in cases in which aggravating circumstances substantially outweigh mitigating circumstances does the district attorney’s office seek the death penalty.

The office does not seek the death penalty whimsically in any case, including that of the Menendez brothers. The office exercises its discretion in an even-handed manner. The decision of who is to live and who is to die is left to the jury. We simply screen those murderers whom we believe cannot, should not or will not be sentenced to death.

Levin argues that I was “relentless” in seeking to put the Menendez brothers on death row. As an advocate for the people, it is my responsibility to argue my cases as vigorously as I can. I would be remiss in my duty if I were to do anything less.

DAVID CONN

Head Deputy District Attorney

Major Crimes Division

Los Angeles County