Newsom’s Death Row Commutations Face Court Review and Prosecutor Opposition
Newsom’s decision affects every prisoner on California’s death row and is described as the largest mass commutation of death sentences in U.S. history. The outgoing governor has opposed capital punishment for years and imposed a moratorium on executions in 2019. He said the state’s justice system cannot administer the death penalty fairly and that the prisoners would remain behind bars for life.
The commutations face a constitutional obstacle for prisoners with multiple felony convictions. The state constitution requires a recommendation from the California Supreme Court, with four justices concurring, before such prisoners can receive commutations. The San Luis Obispo County District Attorney’s Office says 382 of the 548 prisoners fall into that category. Newsom asked the justices to review cases individually and hear from victims’ relatives.
Prosecutors criticized the decision as a sweeping use of clemency that overrides jury verdicts. San Luis Obispo County District Attorney Dan Dow cited victims of murder cases, while Greg Totten of the California District Attorneys Association argued that clemency should address individual cases rather than serve as a substitute for legislation. The Criminal Justice Legal Foundation’s leader, former district attorney Anne Marie Schubert, said the group plans to challenge the order.
Los Angeles County District Attorney Nathan Hochman said more than 100 affected cases are from his county. He warned that life without parole may not guarantee prisoners remain incarcerated for life, pointing to the Menendez brothers’ resentencing and parole eligibility. Hochman said his office would intervene if any affected prisoners later seek release. Newsom’s order does not repeal the death penalty; California has not executed a prisoner since 2006.
Newsom’s Commutations Challenge a Death Penalty System He Calls Unfair
Newsom’s decision puts a longstanding objection to capital punishment into action: he says an imperfect justice system cannot administer executions fairly. His order covers all 548 people on California’s death row, and he said they would remain imprisoned for life. He imposed an execution moratorium in 2019.
Prosecutors are attacking the breadth of the commutations, but the state constitution sets a safeguard for prisoners with multiple felony convictions: the California Supreme Court must recommend commutation, with four justices concurring. The San Luis Obispo County District Attorney’s Office says 382 prisoners meet that condition. Newsom asked the justices to examine cases individually and hear from victims’ relatives.
The dispute is now also about whether clemency can be used categorically or must be limited to individual cases. The California District Attorneys Association’s Greg Totten criticized the order as a substitute for legislation, while former district attorney Anne Marie Schubert said her Criminal Justice Legal Foundation will challenge it. The court’s role will determine how the constitutional requirement applies to the affected prisoners.
Los Angeles County District Attorney Nathan Hochman warned that some could eventually seek release, invoking the Menendez brothers’ resentencing and parole eligibility. Newsom’s order does not repeal capital punishment, and California has not executed a prisoner since 2006. Hochman said his office would intervene if a commuted prisoner later seeks release. The governor’s action raises the stakes of a system that leaves the final legal question with the courts.
Newsom’s Mass Commutations Override Juries and Leave Victims Facing Uncertainty
Newsom’s sweeping decision replaces 548 jury-imposed death sentences with life without parole, prompting prosecutors to argue that one outgoing governor should not override case-by-case verdicts. San Luis Obispo County District Attorney Dan Dow pointed to the victims of condemned prisoners, while Los Angeles County District Attorney Nathan Hochman said the decision renewed uncertainty for families after years of trials and appeals.
Hochman questioned Newsom’s assurance that the prisoners would die in prison. He cited the Menendez brothers, whose life-without-parole sentences were later reduced, making them eligible for parole. More than 100 affected cases are in Los Angeles County, Hochman said, and his office would get involved if prisoners later seek release.
The commutations also face a constitutional hurdle. For people with multiple felony convictions, California’s constitution requires a state Supreme Court recommendation, with four justices concurring. The San Luis Obispo County District Attorney’s Office says 382 prisoners qualify for that requirement. Newsom asked the justices to review each case and hear from victims’ relatives.
The California District Attorneys Association’s Greg Totten said clemency was not intended to nullify jury verdicts, and former district attorney Anne Marie Schubert said her legal foundation plans to challenge the order. Newsom defended his action on the grounds that capital punishment cannot be carried out justly within a flawed system. It does not repeal capital punishment; California has not executed anyone since 2006. The courts must address the constitutional requirement as the commutations proceed.
Reported by Breitbart, New York Post.
