California Governor Gavin Newsom on Thursday commuted the sentences of all 548 inmates on the state's death row, converting their penalties to life in prison without the possibility of parole. The sweeping executive action, announced as the governor prepares to conclude his term, effectively ends the prospect of executions in the state.
"Gabriel was a little boy who was tortured for eight months and the jury heard all of the testimony, including from his brother and sister, who were also so young at the time. The jury decided on capital punishment and the judge affirmed that, and that was the one closure that the family got." Jonathan Hatami, Deputy District Attorney, Los Angeles
Governor Newsom has been an outspoken opponent of capital punishment for nearly three decades. In 2019, he imposed a moratorium on executions, halting all capital punishment in California. The state holds the largest death row population in the United States, but no executions have been carried out there since 2006. Newsom's decision comes despite California voters twice rejecting ballot measures to abolish the death penalty, in 2012 and 2016, opting instead to retain it for the most serious crimes.
In an open letter to Californians, Governor Newsom articulated his reasoning, stating, "State-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system and diminishes each of us." He acknowledged that the inmates caused "indescribable suffering" to victims and their families, but concluded that "the state cannot morally kill them." The governor emphasized his personal responsibility for the decision and its impact, just as he would bear responsibility for each execution. Newsweek reported that Newsom had considered mass clemency for months and held more discussions with advisers following a botched execution in Tennessee on September 30.
The commutations affect a wide range of individuals convicted of heinous crimes, some of whom have garnered national attention. Among them are Isauro Aguirre and Pearl Fernandez, convicted in the torture and murder of eight-year-old Gabriel Fernandez, a case highlighted in a Netflix documentary. Other high-profile inmates include Charles Ng, sentenced for the rape, torture, and murder of 11 to 25 people in the 1980s; Wayne Adam Ford, convicted of dismembering four women in the late 1990s; Cary Stayner, known as the Yosemite Park Killer, convicted of murdering four women near the national park; Vincent Brothers, who murdered his wife, children, and mother-in-law in 2003; Richard Allen Davis, convicted in the 1993 kidnapping and murder of 12-year-old Polly Klaas; Joseph Naso, the "Alphabet Killer," sentenced for the murders of four women; and Skylar Deleon, who murdered a couple by tying them to their yacht's anchor in 2004. Deleon's case also drew attention as California taxpayers began funding his gender-affirming surgery in April 2023.
The decision drew swift reactions from various quarters. Deputy District Attorney Jonathan Hatami, who prosecuted the Gabriel Fernandez case, expressed deep disappointment on behalf of victims' families. Hatami stated that he personally informed Gabriel's brother and sister, now young adults, about the governor's order, noting their upset that no one from the governor's office contacted them. "Gabriel was a little boy who was tortured for eight months and the jury heard all of the testimony, including from his brother and sister, who were also so young at the time. The jury decided on capital punishment and the judge affirmed that, and that was the one closure that the family got," Hatami said. He characterized the governor's action as a "political decision to violate the will of the voters."
Los Angeles County District Attorney Nathan J. Hochman acknowledged the governor's "constitutional power" to commute existing death sentences but clarified that this power "does not extend to eliminating the death penalty." Hochman reiterated that only the Legislature or the voters can abolish capital punishment, noting that Californians have twice chosen to keep it for the most serious crimes.
The American Civil Liberties Union (ACLU) lauded the governor's order. Anthony Romero, the ACLU's executive director, stated, "These commutations reflect what justice demands: An end to a racist, error-prone, and inhumane punishment that has burdened California for far too long." The ACLU is currently involved in an ongoing lawsuit challenging the state’s death penalty statute, alleging it is racially discriminatory and unconstitutional.
A provision within the state constitution dictates that while a governor can commute a sentence for an inmate with a single felony conviction alone, cases involving inmates with a second felony conviction require approval from the California Supreme Court. Governor Newsom's office indicated that approximately 70 percent of the 548 commutations, or 382 cases, fall into this second category, necessitating Supreme Court review.
Governor Newsom's comprehensive commutation order marks a significant shift in California's approach to capital punishment, aligning the state's policy with his long-held moral objections. The decision reignites a national debate on the death penalty, balancing victim impact, judicial process, and evolving societal values.
