Davis Takes Hard Line on Parole for Killers

Taking at least as tough a stand on criminal sentencing as his Republican predecessor, Gov. Gray Davis has rejected parole requests made unanimously by the Board of Prison Terms in all five of the murder cases the panel has sent him.

Former Gov. Pete Wilson rejected only 20 parole recommendations during his eight-year tenure, said Denise Schmidt, spokeswoman for the prison board.

In addition, Democrat Davis has quietly sent three more unanimous parole recommendations, in kidnapping and attempted murder cases, back to the board for further review. Wilson made 47 such referrals as governor.

Davis’ little-known actions have raised concerns--so far private ones--among some Democrats who think they are too extreme. But in an interview, the governor was adamant that he believes murderers--even those with second-degree convictions--should serve at least a life sentence in prison.

Asked whether extenuating circumstances should be a factor in murder sentences, the governor was blunt: “No. Zero,” he said.

“If you take a life, you rob many people of someone they love, depend upon emotionally, financially . . . or whatever,” he said. “The reason that motivated you to do it matters less to me than recognizing the pain caused by your act.”

Davis had already rejected the one clemency request from a death row inmate that he has received since taking office in January. The inmate, Jaturun Siripongs, was executed in February.

The governor, a political centrist, said he may surprise followers who expect him to be a more traditional Democrat.

“They must not have been listening when I was campaigning,” Davis said. “If you take someone else’s life, forget it. I just think people dismiss what I said in the campaign as either political hyperbole or something that I would back away from. . . . We are doing exactly what we said we were going to do.”

Davis noted that all nine members of the prison board were appointed by Wilson, who had a reputation as a conservative crime fighter. Almost mockingly, the governor implied that he will exceed even his predecessor’s standards on crime sentencing.

“These are supposed to be Wilson people, and I thought they would be tough-minded,” he said.

The appointees, who serve four-year terms, include former police chiefs and other law enforcement authorities as well as former Republican lawmakers. Schmidt said they were traveling throughout the state at hearings Thursday and unavailable for comment.

She said, however, that the board recommends parole for less than 1% of the about 2,000 cases it considers each year. The board conducts hearings and makes recommendations for every California criminal sentenced to life with the possibility of parole.

Each of the murder cases Davis considered involved a second-degree conviction. In two cases, the inmate was not the killer but a participant in a crime that resulted in a murder. Four of the crimes took place in Los Angeles.

Most of the prisoners have been considered for parole several times already. When their cases are not approved, they are reconsidered one to five years later.

One of the cases Davis considered was previously recommended for parole and sent to Wilson, who rejected it.

In a 1985 case, a 21-year-old defendant received a second-degree conviction because he was drunk at the time he shot and killed the host of a birthday party in Santa Clara.

The board recommended his parole recently because he has obtained an academic degree in prison, attended substance abuse treatment, has no disciplinary record, has existing family ties and has had job training.

All of the other crimes occurred at least 17 years ago, and the defendants were between 18 and 21 at the time. Two of the cases involved gang rivalries in which the killer and victim were gang members.

One case involved a robbery in which a store owner was killed by a shotgun blast.

In his election campaign, Davis frequently reminded voters about his strong support for the death penalty, in part because his Republican rival, Atty. Gen. Dan Lungren, questioned Davis’ commitment on the issue.

Davis also strongly registered his support for the controversial three-strikes law, requiring a life sentence for criminals convicted of three felony charges.

In the recent interview, however, Davis said he was struck by the “awesome power” of a governor asked to consider an eleventh-hour reprieve for a death row inmate.

In February, Davis rejected clemency for Siripongs, a Thai immigrant who three days later was executed for a 1981 double murder.

“The first day I was reviewing this, it struck me--this is an incredible amount of power,” Davis said. “The second day, I got beyond that. I realized that I have to do my job. The jury did its job, and all of the state courts did their job.”

The governor said he will take “a narrow view of clemency” decisions.

“I believe my role is not to substitute my judgment for the wisdom of the jury or for the many appellate courts . . . that have reviewed the very charges [brought] to my attention,” he said.

Davis said there was extensive communication between his lawyers and the counsel for Siripongs before he reached his decision. But he said he would consider clemency only if the request was based on new information not considered by the courts.

The next death row inmate scheduled for execution could pose a particularly difficult decision for Davis because the prisoner is a Vietnam veteran--like the governor--whose lawyers say suffers from post-traumatic stress syndrome caused by the war. Manuel Babbitt was convicted of killing a 78-year-old grandmother in Sacramento in 1980.

“I have great respect for anyone that served their country, but I feel very strongly that nobody should take another person’s life,” Davis said. “I think I can separate my regard for his sense of patriotism from any culpability that I determine he has for the act. That is all said hypothetically because I haven’t seen the case.”