Reply #33: Governor, let Tookie live

[Sapphire Blue]

Governor, let Tookie live
By Charles L. Lindner, Charles L. Lindner, past president of the Los Angeles Criminal Bar Assn., has tried many capital cases, eight of which went to the penalty phase. He has one client on death row.

(excerpt)

In the penalty phase, the jury recommends a sentence. I have argued eight death-penalty phases, and there is nothing in law more weighty and terrifying than pleading for a man's life. My opening statement is always the same:

"Ladies and gentlemen of the jury, you have already determined by your guilt-phase verdict that my client will die in prison and be buried in an unmarked pauper's grave outside the prison's gates. The only remaining question is whether the defendant's death should occur at a time chosen by God, or a time chosen by you."

The evidence presented during the penalty phase is unique in law. The prosecution offers evidence of aggravating factors — why the jury should order the defendant put to death — and the defense puts forth evidence of mitigating factors — why the jury should decide in favor of life without parole. The question for the jury is often whether the defendant's life has any redeeming worth: Has this guy done anything that warrants keeping him alive?

<snip>

Ingber offered no mitigating evidence at Williams' penalty-phase trial. The California Supreme Court, U.S. District Judge Stephen V. Wilson and the 9th Circuit Court of Appeals determined that Ingber performed competently in choosing not to mount a penalty-phase defense, one suspects, because there was not much of one to present.

Schwarzenegger should seriously consider the mitigating evidence that has arisen since Williams was sentenced to death. If Ingber could have presented evidence that Williams would be nominated for the Nobel Peace Prize multiple times, that he would write anti-gang children's books and negotiate the end to a gang war, it is reasonable to believe that the jury might have found sufficient value in Williams' life to spare him death.

http://www.latimes.com/news/opinion/sunday/editorials/la-op-deathpenalty4dec04,0,2214884.story?coll=la-home-sunday-opinion

Please contact Gov. Schwarzenegger in support of clemency (Life w/o parole)...

Phone: [phone]

Email: [email protected]

FAX: [phone]

snail mail address:
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814