Gov. Newsom is considering prohibiting new death sentences in criminal cases, setting up a possible conflict with Atty. Gen. Becerra
for the killer responsible for the mass shooting that left eight people dead at a Seal Beach salon in 2011.
The U.S. 9th Circuit Court of Appeals in San Francisco on Monday asked the attorney general’s Department of Justice to indicate whether the governor’s moratorium will affect a death penalty case involving Martin Kipp, who was convicted in the 1983 slaying of Antaya Yvette Howard of Huntington Beach, a former basketball star at Marina High School.
“In California’s executive branch, the governor has the final word,” said David A. Carrillo, executive director of the California Constitution Center at Berkeley Law. The constitution also states that the attorney general, as the state’s chief law enforcement officer, has direct supervision over every county district attorney— opening up the possibility that he could order locally elected prosecutors to cease seeking the death penalty in murder trials.
California District Attorneys Assn. President Birgit Fladager said her organization’s members are elected by voters and “will determine how best to pursue justice on behalf of our constituents.
Newsom emphasized that he planned to collaborate with the attorney general about the possibility of ending future death sentences, and gave no indication that he would attempt to force Becerra to take action.
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