Readers React: Delaying the death penalty in California

To the editor: No one can question the U.S. 9th Circuit Court of Appeals in holding up executions to examine whether legal injection might pose torture. But this new decision by a lower court judge in effect states that holding up executions for this purpose itself constitutes “cruel and unusual” punishment because executions are not occurring fast enough and the wait mentally tortures death row inmates. (“Federal judge rules California death penalty unconstitutional,” July 16)

This opinion reaches the conclusion that this and all other aspects of delay in the death penalty process — all by the way totally caused by the defense — renders the process unconstitutionally cruel.

It’s like the little boy who keeps knocking out his neighbor’s window being able to legally stop the neighbor from replacing it on the grounds that it’s a waste because he’ll just knock it out again.

Robert S. Henry, San Gabriel

The writer is a retired capital case coordinator with the California attorney general’s office.

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To the editor: In declaring California’s death penalty unconstitutional, U.S. District Judge Cormac J. Carney cites the arbitrariness of who gets executed in California.

However, there is arbitrariness and unfairness not only in who gets executed but at every stage of the process, from charging, to deciding in which cases the death penalty should be sought, to the appointment of a lawyer, to the assignment of a judge, to the fairness of the jury selection process, and the list goes on.

Isn’t it time we stop wasting money on a system that is arbitrary, unjust and broken beyond repair and use the money that would be saved to provide funding to the courts in hopes that the many shuttered courthouses may be reopened to serve the citizens of this state?

Jennifer Friedman, Los Angeles

The writer is a Los Angeles County public defender.

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To the editor: It’s good that Carney brought this issue out, but I disagree with former Los Angeles County Dist. Atty. Gil Garcetti’s unfounded statement that the death penalty is costly, because he gives no comparison or supporting evidence.

I doubt very much that it costs more to execute an inmate (as the people of California have mandated) than to house him for life.

Executions do desperately need to be sped up, however. Murderers deserve that much, as do taxpayers.

Manuel Cervantes, Diamond Bar

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