California State Legislation permits prosecutors to resentence individuals if their sentence further serves no interest of justice, according to KTVU.
Santa Clara County District Attorney Jeff Rosen filed a resentencing motion for 15 men currently on death row. The aim of the DA is not to set them free, but to reduce their death sentence to life without the possiblility of parole, if the court grants them relief, the report said.
“The question is not whether these 15 human beings deserve the death penalty,” said Rosen. “It’s whether the two million people of Santa Clara County deserve the dignity and ineffectiveness of the death penalty.”
The DA stated he was moved with compassion to resentence people, based on the terrible application of the death penalty during the era of slavery, noted the article.
Attorneys representing Richard Allen Davis, who is currently on Death Row for the 1993 killing of 12 year-old Polly Klass in Sonoma County, filed a pettion to have Davis resentenced.
Davis was not prosecuted by Santa Clara DA, there was a change of venue to Rosen’s jurisdiction. The DA’s office of Sonoma County prosecuted him and they object to Davis’ resentencing. The case will be followed up at a later date, reported the story.
It has been 48 months since Rosen decided to hault charging people with the death penalty, the outcome could be ground breaking.
Bishop Oscar Cantu in San Jose applauded the DA’s decision.
“This decision is a significant step forward in respecting the sancity of all human life. It is a move away from punitive justice towards restorative justice, which heals and rebuilds lives,” he said.
