Which Way Will Davis Go on Execution?

When Gov. Gray Davis was sworn into office in January, he said he wanted to follow in the footsteps of former Gov. Pat Brown, whom he greatly admired. This week, Davis has one of his first opportunities to show he is of Brown’s mettle when he decides the fate of Jaturun “Jay” Siripongs, who is scheduled to be put to death at 12:01 a.m. next Tuesday.

In the early 1960s, Brown was the nation’s most outspoken political opponent of the death penalty. Although he angered fellow capital punishment foes by allowing the execution of Caryl Chessman in 1960, over the next six years Brown consistently sponsored legislation aimed at eliminating the state’s ultimate punishment. Based on his Catholic beliefs as well as his experience with the administration of justice, Brown objected to the arbitrary use of the death penalty, saying it “cheapened” all human life in the process.

By contrast, Ronald Reagan, over the course of two terms, repeatedly tried to enact what he saw as society’s ultimate “deterrent.” Reagan’s efforts were stymied by the higher courts. Although one person would be executed during Reagan’s tenure--convicted cop-killer Aaron Mitchell in early 1967--the conservative governor successfully rallied popular opinion against the “liberal courts.”

Following his father’s lead, Jerry Brown entered the governor’s office in 1974 as a steadfast opponent of capital punishment. Challenged from the right, Brown went so far as to veto then-Assemblyman George Deukmejian’s 1977 bill reinstating the state’s death penalty. More important, Brown left an imprint in California’s higher courts, appointing a number of judges with either outright opposition to, or extreme caution regarding, the use of state-sanctioned executions.

Because of the Jerry Brown legacy, the death penalty would only slowly creep back into usage over the course of the Deukmejian and Pete Wilson governorships. At the same time, the growing conservatism of the higher courts since the 1980s has resulted in the removal of nearly all obstacles to the state’s use of capital punishment. Although only five people were executed during his two-term administration, it was not for lack of trying on Wilson’s part. With nearly 520 on the state’s death rows, Davis, California’s first Democratic governor to support the death penalty, now is faced with carrying out the mission begun by his Republican predecessors.

The Siripongs case presents the initial challenge to the new governor. Siripongs’ execution would mark a number of firsts in California’s recent use of the death penalty. As a Thai native, Siripongs would be the first nonwhite put to death. Convicted of robbery and double homicide, his would be the only case in recent years where the “special circumstances” necessary for a capital conviction did not include sex crimes. Moreover, Siripongs promises to be the first death row inmate in the last decade to be put to death against the wishes of the victims’ families.

Siripongs was convicted in 1981 by an Orange County jury for killing two Asian owners of a Garden Grove grocery store where Siripongs once worked. Siripongs never denied his complicity in the robbery but claimed to have been an unwitting accomplice who tried to prevent the murders. Although not brought to light at the original trial, physical evidence from the crime scene (hair fibers, blood, etc.) establishes the presence of a second perpetrator, according to Siripongs’ current attorneys.

Until recently, neither Siripongs nor his defense team had identified the other person. Last week, Siripongs’ lawyers told the state Supreme Court that the sister of Siripongs’ girlfriend committed the murders; the sister had testified against Siripongs in the original trial. Although puzzling, Siripongs’ refusal to name the accomplice can be understood better in terms of Buddhist doctrine, which admonishes followers to bring no harm to another.

By all accounts, since his arrival on death row, Siripongs has been a model prisoner. Calling Siripongs a beneficial influence over his fellow inmates, former San Quentin Warden Daniel Vasquez has spoken against his execution. Meanwhile, the Royal Thai government has also asked that Siripongs’ sentence be commuted to life in prison.

In Texas, Gov. George W. Bush III allowed the execution of Karla Faye Tucker, whom many claimed to be reformed. Similarly, he objected to court “interference” in the execution of a Canadian citizen denied his international rights. In allowing Siripongs’ execution, Davis would be making a comparable statement about the value of human life. Although he aspires to renew the legacy of Pat Brown, on this issue at least, Davis seems closer to the mantle of Gov. Reagan.