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- <text id=92TT0924>
- <title>
- Apr. 27, 1992: California Revives The Death Penalty
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1992
- Apr. 27, 1992 The Untold Story of Pan Am 103
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE WEEK, Page 15
- NATION
- California Revives The Death Penalty
- </hdr><body>
- <p>After 25 years, San Quentin prepares to execute a murderer
- </p>
- <p> The last time a prisoner died in San Quentin's gas chamber,
- Ronald Reagan was Governor of California. But Governor Pete
- Wilson's rejection of an appeal for clemency by Robert Alton
- Harris may end the long hiatus. Harris, 39, was convicted in
- 1979 of shooting two San Diego teenagers to death. Prosecutors
- told the jury that Harris taunted the victims before they died,
- laughed at them after he pulled the trigger, then calmly ate the
- hamburgers they had bought for lunch. Said Wilson: "The decision
- of the jury was correct."
- </p>
- <p> Harris' execution was scheduled for this week but may be
- delayed by a temporary restraining order issued by a federal
- judge. Assuming that California clears away this last obstacle,
- the execution would be the state's first in 25 years. It would
- also end Harris' 13-year odyssey through state and federal
- courts. His case broke no new legal ground: he was an adult at
- the time of the crime, and race was not a factor. Neither was
- his mental condition--until January. His attorney, Howard
- Friedman, told Wilson in the final clemency appeal that newly
- discovered evidence showed that Harris had suffered "organic
- brain damage" due to child abuse and fetal alcohol syndrome. If
- the trial jury had known that, Friedman argued, it might have
- given him life imprisonment without parole. But while Wilson
- conceded that Harris' childhood had been "a living nightmare,"
- he said it "does not alter his responsibility for his acts."
- </p>
- <p> In California the death penalty is supported by 4 out of
- 5 citizens, and one of them is Wilson, who was mayor of San
- Diego at the time of the Harris murders as well as an outspoken
- supporter of limits on appeals. Since the Supreme Court restored
- the death penalty in 1976, only five non-Southern states
- (Illinois, Arizona, Utah, Nevada and Indiana) have executed
- prisoners. Many opponents are now worried that California could
- open the way to more. But few legal experts expect a surge of
- executions because of the arduous appeals process that is
- automatically launched in every capital case. Even in
- California, experts say, most of the appeals by the 328 other
- inmates on death row have a long way to go, and Harris will
- probably be the only one put to death this year.
- </p>
- <p> The biggest change is likely to be one of perception. "I
- don't think it will open up the legal floodgates, but it may
- open emotional and political ones," said Sacramento attorney
- Quin Denvir, who currently represents three inmates on death
- row. "In the past, jurors thought that if they sentenced
- someone to death, they'd never really get it. Now everyone in
- the system will see that the death penalty means the state will
- actually gas a person. Before it was more theoretical than real.
- Now the theory ends and reality begins."
- </p>
-
- </body></article>
- </text>
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