Victims' advocates slam Newsom's decision to commute death sentences

Audio By Carbonatix

(The Center Square) - Advocates for the rights of homicide victims and legal professionals throughout California are continuing to express outrage over Gov. Gavin Newsom's decision to commute the death sentences of all 548 inmates on the state's death row.

"I take this action because I firmly believe that state-sanctioned killing is incompatible with California's values, undermines the foundations of our legal system, and diminishes each of us," the Democratic governor wrote Thursday in what he called "An Open Letter to All Californians."

But under the California Constitution, Newsom can't do that for 548 without the approval of the California Supreme Court. The governor has full authority to commute sentences for those convicted of one felony. However, for the remaining 382 inmates with multiple felony convictions — roughly 70% of the total — the constitution requires majority approval from the Supreme Court.

In the meantime, district attorneys and others are expressing their opposition to Newsom's action.

Nina Salarno, Modoc County District Attorney and a representative of Crime Victims United, told The Center Square that the governor's decision undermined the judicial process.

"First and foremost, my heart went out to the victims, because this blindsided them," said Salarno, whose sister was murdered in 1979. "The governor is certainly putting his own personal beliefs before our entire criminal justice system, which is usurping the jury system.”

In addition to “not listening to victims,” Salarno said Newsom is “flat out lying to the people” of California.

“He can't guarantee that they're not going to be released,” she added.

Salarno warned that administrative regulations within the California Department of Corrections and Rehabilitation could potentially create pathways to parole or resentencing for life-without-parole inmates.

"These are the worst of the worst," Salarno added, referencing high-profile capital offenders. "There is no guarantee that they will not be allowed to parole at some point, and then again we're in a situation where the victims are being re-traumatized."

Salarno also noted the constitutional requirement for judicial oversight in multi-felony cases, calling on the high court to require individual case reviews rather than granting a blanket action.

"We are calling on the Supreme Court to do the right thing because they cannot by law do a blanket commutation," Salarno said. "Each case has to be individually investigated, looked at, and an opportunity for the victims to be heard has to take place before a commutation."

Retired Las Vegas Police Lt. Randy Sutton told The Center Square that while the decision reflects long-standing political stances, it disregards the public's mandate.

"I wish I could say that I was surprised at Gov. Newsom's decision to commute the sentence of more than 500 death row inmates, but this was not unexpected," Sutton said. "He has demonstrated a severe lack of believing in the death penalty and in abiding by the wishes of the majority of the people of the state."

Newsom has had a moratorium on the death penalty since 2019.

Addressing common arguments regarding wrongful convictions, Sutton noted that while the criminal justice system is not completely flawless, capital cases undergo extensive judicial checks and balances, including separate penalty-phase investigations and multiple layers of appeals.

Newsom is term-limited and is scheduled to leave office in early January.

Xavier Becerra, a Democrat who previously served as California attorney general, is the governor-elect. When asked about the role of incoming leadership, Sutton noted that once executive clemency is officially granted, the legal action cannot simply be undone by a successor.

"The damage has been done once the clemency is announced. I don't think he can go and [undo] that clemency. The genie's out of the bottle at that point," said Sutton, who also runs a national nonprofit supporting injured, disabled and traumatized law enforcement officers called The Wounded Blue. "I would think that as a new governor, maybe he (Becerra) would be more concerned with what the people feel as opposed to what he feels.”

Becerra’s campaign did not respond to The Center Square’s request for an interview.