Carol J. Williams writes, "Death penalty is considered a boon by some California inmates," for the Los Angeles Times. It appeared in Wednesday's edition.
White supremacist gang hit man Billy Joe Johnson got what he asked for from the Orange County jury that convicted him of first-degree murder last month: a death sentence.
It wasn't remorse for his crimes or a desire for atonement that drove him to ask for execution; it was the expectation that conditions on death row would be more comfortable than in other maximum-security prisons and that any date with the executioner would be decades away if it came at all.
Although executions are carried out with comparative speed in states such as Virginia, where Beltway sniper John Allen Muhammad was put to death Tuesday night, capital punishment in California has become so bogged down by legal challenges as to be a nearly empty threat, say experts on both sides of the issue.
"This is a dramatic reaffirmation of what we've already known for some time, that capital punishment in California takes way too long," Kent Scheidegger, legal director for the law-and-order Criminal Justice Legal Foundation in Sacramento, said of Johnson's bet that he will live a long life on death row. "This guy certainly feels like it's worth the risk."
Statistics suggest that Johnson may be correct in his calculations.
California has the nation's largest death row population, with 685 sentenced to die by lethal injection. Yet only 13 executions have been carried out since capital punishment resumed in 1977 and none of the condemned have been put to death since a moratorium was imposed nearly four years ago. Five times as many death row inmates -- 71 -- have died over that same period of natural causes, suicide or inside violence.
Though death row inmates at San Quentin State Prison are far from coddled, they live in single cells that are slightly larger than the two-bunk, maximum-security confines elsewhere, they have better access to telephones and they have "contact visits" in plexiglass booths by themselves rather than in communal halls as in other institutions. They have about the only private accommodations in the state's 33-prison network, which is crammed with 160,000-plus convicts.
And:
Executions have been on hold in California for almost four years, following a federal judge's orders for review and reform of lethal injection procedures. Those orders came after concerns were raised that some of those executed by the three-shot sequence might not have been rendered unconscious by the first injection. That could expose the condemned inmate to pain from the final shot that would be unconstitutionally cruel and unusual punishment, U.S. District Judge Jeremy Fogel ruled in 2006, when he ordered the state to correct the alleged deficiencies.
New protocols were proposed earlier this year but are pending approval by corrections officials still sorting through thousands of comments and challenges, and are facing at least another year of procedural hurdles ahead of Fogel's review.
Earlier coverage from California is here.
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