Siripongs Asks Davis, Court to Spare Life

Less than a week before his scheduled execution, convicted double murderer Jaturun “Jay” Siripongs is making last-ditch appeals to Gov. Gray Davis and the California Supreme Court in an effort to overturn his death penalty sentence.

Siripongs’ attorneys on Tuesday asked the state Board of Prison Terms in Sacramento to recommend that their client’s life be spared because of his exemplary prison record as well as doubts raised about his guilt.

The board will give a confidential recommendation to Davis, who is expected to make his decision by the end of the week. Davis has said he supports the death penalty, though his election last November gave anti-capital punishment forces hope that he might be more willing to consider clemency that his predecessor, Pete Wilson.

The board heard nearly two hours of sometimes emotional testimony for both advocates and opponents of the death sentence. Vitoon Harusadangkul, 31, whose mother was killed in the attacks, said Siripongs deserves to die for the crimes.

“My personality changed that day to incorporate hatred, anger and vengeance,” said Harusadangkul, who was 14 when his mother was killed at the store she managed. “What he did, he should pay for. It’s about time,” he said, his voice cracking.

“I miss my mother. Not a day goes by when I don’t think of her. I need your help,” added Harusadangkul, a computer worker in Arlington, Va.

But Rita Barker, an attorney and friend of Siripongs who has visited him in prison, said his life should be spared. “He is an absolute light on death row. . . . It’sabsolutely outrageous that we would kill this man.”

In another bid to block the Feb. 9 execution at San Quentin prison, Siripongs’ attorneys have alleged in arguments to the state Supreme Court that prosecutors failed to pursue evidence that pointed to the involvement of an accomplice in the 1981 robbery-murder of a Garden Grove store manager and her clerk.

But prosecutors, calling the appeal another delaying tactic, say the claim has no merit because authorities long acknowledged that they had other suspects in the case but were unable to gather enough evidence to prove their guilt.

“Siripongs’ repetitive assertions that he was not the real killer have been closely examined over the years by many courts,” Deputy Atty. General Laura Halgren wrote in court documents filed this week. “Each time, the conclusion has been the same--the evidence of his guilt as the killer is overwhelming.”

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The recent effort to lift Siripongs’ death sentence represents the latest in a more than decade-long series of legal actions that have wound through state and federal courts. In November, a federal judge halted his execution just a few hours before Siripongs was scheduled to die.

The judge, Maxine Chesney, ordered a stay to consider whether Siripongs had been denied a fair clemency hearing from then-Gov. Wilson. The stay of execution was lifted after the judge ruled that Siripongs’ rights had not been violated. Following Chesney’s decision, a judge rescheduled the execution for Feb. 9.

Siripongs’ latest appeal to the Supreme Court marks the first time that his attorneys have identified who they allege is an accomplice in the murders. Siripongs has always admitted participating in the robbery of the Pantai Market. But he insists that someone else strangled to death the store manager, Packovan “Pat” Wattanaporn, and fatally stabbed the clerk, Quach Nguyen.

Siripongs, 43, fearing retaliation against family members, has refused to identify the accomplice, according to his attorneys. In new court papers, they allege that prosecutors suspected that Netnapa “Noon” Vecharungsri, the sister of Siripongs’ girlfriend, was involved in the robbery-murders.

Attorneys base their new claim on recent media reports quoting prosecutors as saying that a second person was involved. Siripongs attorney Michael Laurence said prosecutors downplayed strong evidence implicating Vecharungsri--including her bloodstained jacket--so she could testify against Siripongs.

Prosecutors did so, said Laurence, because it would be difficult to prove who the actual killer was if two people shared responsibility for the crime. “There is no way to persuade a jury, if two people are involved, which one is the killer,” he said.

But prosecutors say the argument doesn’t make sense. Investigators vigorously pursued every lead to find all the people involved in the crime, and all the evidence pointed to Siripongs, said Halgren.

Siripongs was arrested a few days after the murders when he tried to use a credit card belonging to Wattanaporn’s husband in purchasing a television in Westminster. Several items stolen from the store, including jewelry, was later found in Siripongs’ Hawthorne apartment. An Orange County jury convicted him of both murders in 1983.

During the trial, Vecharungsri admitted that the bloodstained jacket was hers, but that she kept it at Siripongs’ apartment. Halgren said investigators found no reason to believe the woman was lying.

“They didn’t have any other evidence to implicate anyone else. There were suspicions, but no evidence that would allow them to prosecute,” said Halgren.

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The Associated Press contributed to this report.