Newsom Commutes All California Death Sentences

-Editorial 

California Gov. Gavin Newsom announced, Nov. 5, that he will commute all death sentences in the state to life imprisonment without the possibility of parole, a sweeping clemency decision affecting 548 incarcerated individuals and drawing criticism from San Diego County District Attorney Summer Stephan over its impact on victims’ families.

In an open letter to Californians, Newsom said the decision reflects his longstanding opposition to capital punishment and his belief that the death penalty is incompatible with the state’s commitment to justice and human dignity.

“I have decided to exercise my constitutional clemency authority to commute all California death sentences to life without the possibility of parole,” Newsom wrote.

The governor acknowledged that individuals sentenced to death committed serious crimes that caused lasting suffering for victims, families, and communities. However, he argued that the state should not carry out executions.

“The people sentenced to death in California caused indescribable suffering to victims, their families, communities, and our state as a whole,” Newsom wrote.

Newsom said the decision follows nearly three decades of opposition to capital punishment during his career in public office.

On March 13, 2019, shortly after taking office, Newsom imposed a moratorium on executions in California. The order formalized a suspension of executions that had effectively been in place since 2006, when the state last carried out a death sentence.

Although the moratorium prevented additional executions, it did not eliminate existing death sentences. According to the governor’s office, California currently has 548 individuals sentenced to death, representing the largest death row population in the Western Hemisphere.

Newsom said California’s capital punishment system has experienced decades of legal challenges, prolonged appeals, and concerns about wrongful convictions.

“By every measure, California’s system for administering the death penalty is a failure,” Newsom wrote. “It has not been and cannot be fairly applied and has resulted in the conviction of innocent people.”

The governor said he considered whether certain categories of crimes or individuals should be excluded from clemency but ultimately determined that applying different standards could create distinctions among victims and their families.

Instead, all existing death sentences would be commuted to life imprisonment without the possibility of parole.

“These offenders will die in prison but not by our hand,” Newsom wrote.

The governor emphasized that the commutations do not repeal California’s death penalty law.

California voters have previously rejected efforts to eliminate capital punishment, and the authority to repeal the death penalty remains with the Legislature and voters.

Prosecutors, juries and courts also retain their existing authority regarding capital cases, meaning the decision applies to current death sentences rather than future prosecutions.

Newsom acknowledged that California’s Constitution requires state Supreme Court approval for clemency involving individuals convicted of two or more felonies. As a result, some commutations will require judicial review before taking effect.

The governor also recognized that the announcement could cause additional emotional distress for families who lost loved ones to violent crimes.

“This decision is among the most difficult of my career, not because I doubt its necessity for our state but because I know its announcement may surface excruciating memories for victims’ families,” Newsom wrote.

He said he consulted crime victims, survivors, public safety officials, religious leaders, civil rights advocates, and individuals involved in capital cases before reaching his decision.

Newsom also acknowledged that some victims’ families might find comfort in the conclusion of lengthy capital proceedings, while others may strongly oppose the commutations.

The announcement prompted criticism from San Diego County District Attorney Summer Stephan, who said the decision disregarded victims’ families and denied them an opportunity to provide input before the public announcement.

“The Governor’s decision to commute the death sentences of all individuals on California’s death row is a devastating blow to the victims who suffered the loss of loved ones in some of the cruelest and most haunting ways and who have already endured a lengthy jury trial and sentencing that they counted on as a measure of justice,” Stephan said in a statement.

Stephan said her office had received calls from families expressing shock and distress over the decision.

She also said prosecutors were examining possible legal options to ensure victims and their relatives could participate in the process.

“Our office is getting calls with pain and shock for being deprived of any input and consideration of their rights under the Constitution,” Stephan said. “We are researching any lawful remedies that would allow their voices to be heard and considered.”

According to Stephan, her office was not notified in advance and therefore could not prepare to provide assistance or support to affected families.

“My office was not given any opportunity to provide input or provide notification, support, or services to the victims’ families ahead of the Governor’s public announcement,” Stephan said.

She specifically referenced the families of San Diego police Officer JD DeGuzman, who was killed in the line of duty, and Danielle van Dam, a 7-year-old girl who was abducted from her bedroom, sexually assaulted, and murdered.

Stephan said those families and others who experienced violent losses deserved direct communication before learning about the decision through news reports.

“These families who have suffered unspeakable loss and have been sentenced to a lifetime of grief and heartache deserve more than a public announcement,” Stephan said. “They deserve compassion, respect, and the opportunity to have their voices heard.”

Riverside County District Attorney Mike Hestrin also criticized the governor’s decision, issuing a statement on behalf of the Riverside County District Attorney’s Office that questioned the clemency process and the lack of advance consultation with prosecutors and victims’ families.

Hestrin said district attorneys whose offices prosecuted the capital cases and secured convictions and death sentences were not notified before the governor announced the commutations.

He also criticized what he described as the absence of individualized input from families whose loved ones were killed.

Rather than conducting case-specific reviews of the evidence, legal proceedings and circumstances surrounding each conviction, Hestrin accused Newsom of allowing political considerations to influence the state’s criminal justice system.

“This sweeping action, taken without meaningful consultation with prosecutors or victims’ families, raises serious questions about whose interests the Governor is truly representing,” Hestrin said in the statement.

Hestrin argued that the decision demonstrated insufficient consideration for crime victims, their relatives and prosecutors who worked on the cases.

He said California residents deserve elected officials who prioritize accountability, transparency and justice while considering the consequences of their decisions for individuals affected by violent crime.

“The Governor has a responsibility to serve all Californians, including those whose lives have been forever changed by violent crime,” Hestrin said. “Today’s action falls far short of that responsibility.”

Hestrin concluded his statement by saying, “The people of California deserve better.”