A Perspective on Clemency

March 12, 1999 by Dorothy Ehrlich, KQED

No one was surprised by Governor Gray Davis's tragic decision last month to deny clemency to Jaturun Siripongs, a man described as gentle and serene. Even those most likely to support the death penalty -- the former warden and current guards at San Quentin, and the widower of a victim -- urged the Governor to show mercy. What was surprising -- and disturbing -- was Gray Davis's refusal to shoulder his responsibility under California's system of capital punishment.

When Governor Davis denied clemency to Jay Siripongs, he explained that he would not commute the sentence of any prisoner whom the courts have determined to be guilty. How absurd. Anyone who has not been found guilty does not need to ask for clemency in the first place. In effect, Governor Davis wants to avoid the most difficult task of personally deciding who among the guilty shall live, and who shall die. Yet, this is the same heart-wrenching decision that our death penalty statute requires hundreds of ordinary jurors to make day in and day out in courtrooms throughout our state.

The campaign commercials aired by candidate Gray Davis left no doubt he aligned himself with the majority of voters who support the death penalty. But that support for the death penalty rests on the public's trust that it will be carried out fairly, and that each case will be carefully reviewed to determine whether a sentence of death should be commuted to life imprisonment without possibility of parole.

Having reaped the political benefits of support for the death penalty when he campaigned for Governor, Gray Davis must honor the duty imposed on him as Governor to make clemency decisions in each individual case rooted in a thorough and fair examination of all the facts.

This is a profound responsibility. We must insist that Governor Davis find the will to carry it out.

With a perspective, I'm Dorothy Ehrlich.