california

CALIFORNIA : Death sentence upheld for Montebello woman who murdered her husband – Angelina Rodriguez


february 20, 2014(latimes)

Angelina Rodriguez during her 2004 sentencing for murder. Her death sentence was upheld Thursday by the California Supreme CourtSAN FRANCISCO — The California Supreme Court unanimously upheld the death penalty Thursday for a Montebello woman convicted of murdering her husband for life insurance and implicated in the choking death years earlier of her baby daughter.

 

Angelina Rodriguez fatally poisoned her husband, a special education teacher, by serving him drinks laced with oleander and antifreeze in 2000, a few months after persuading him to take out joint life insurance policies, the court said.

It was her second attempt, according to the ruling written by Justice Ming W. Chin.  She had previously tried to kill him by loosening natural gas valves in their garage, the court said.

Rodriguez had married Jose Francisco Rodriguez several months before his death.

During her murder trial, the prosecution also presented evidence implicating her in the 1993 death of her 13-month-old daughter, Alicia. Rodriguez was married to another man at the time.

The baby died after choking on the rubber nipple of a pacifier. Two months earlier, Rodriguez had taken out a $50,000 life insurance policy on the baby—without her then-husband’s knowledge—and made herself the beneficiary, the court said.

Rodriguez and Alicia’s father also sued the manufacturer of the pacifier, which had been recalled based on five consumer complaints that it had broken apart. The company paid a $710,000 settlement.

While behind bars for the murder of her husband, Rodriguez  tried to dissuade a witness from testifying against her, the court said. The jury convicted of her interfering with the witness but failed to reach a verdict on a charge that she tried to have the witness murdered.

In challenging her conviction and sentence, Rodriguez argued, among other things, that the jury should not have been told she killed her daughter.  Rodriguez was not charged or convicted in connection with the death, but law enforcement reexamined it after the poisoning of her husband.

The court said the jury was entitled to hear about the child’s death during the penalty phase of deliberations.

“There was ample evidence that defendant murdered her daughter,” Chin wrote.

Karen Kelly, who is representing Rodriguez on appeal, said she would ask the U.S. Supreme Court to review the decision.

California supreme court /opinion : click to read, pdf file

Ex-governors want California death penalty reform


february 14, 2014

LOS ANGELES — Three former California governors announced a proposed ballot initiative Thursday designed to speed up the state’s lengthy death penalty process.

Former Govs. George Deukmejian, Pete Wilson and Gray Davis said they were launching a signature-gathering effort for the measure that would limit appeals available to death row inmates, remove the prisoners from special death row housing, and require them to work at prison jobs in order to pay restitution to victims.

The former governors, appearing with law enforcement officials at a news conference, made it clear they want executions to begin as soon as possible. There are more than 700 prisoners on California’s death row.

“Old age should not be the leading cause of death on death row,” former Gov. Pete Wilson said.

They agreed the death penalty system is crippled by waste and inefficiency.

“We all know the death penalty system is broken at the appellate level,” said former Los Angeles County District Attorney Steve Cooley.

His predecessor in that job, Gil Garcetti, is leading the opposition to the initiative and was a proponent of Proposition 34, the 2012 ballot measure that would have repealed the death penalty in California. The vote was 48 percent in favor and 52 percent opposed, one of the closest votes ever on a death penalty referendum.

A statement from the former governors said “Californians overwhelmingly reaffirmed their support for the death penalty” with the vote on Prop. 34.

Executions have been halted since 2006 because of lawsuits in federal and state courts over changing a three-drug lethal-injection method that had been used to carry out death sentences.

Asked about the availability of drugs to carry out executions, the governors said they could not comment and that would be an issue for the California Department of Corrections.

Two relatives of victims spoke and decried the length of time it takes to resolve a death penalty appeal. Phyllis Loya said it took four years for an attorney to be assigned to a man convicted of killing her son.

Davis said it can take 10 years before a federal application for review of a death penalty case is resolved and another 10 years to clear state appellate courts.

San Bernardino County District Attorney Michael Ramos, representing the California District Attorneys Association, said if the initiative passes there would be no frivolous appeals and the state would see enormous fiscal savings.

With the initiative, backers want to bypass automatic appeals to the California Supreme Court and instead distribute them to other appeals courts unless it is necessary for a case to be heard by the high court.

Absent from the press conference were former Gov. Arnold Schwarzenegger and current Gov. Jerry Brown. Brown is personally opposed to the death penalty but has said he would abide by the law.

He declined comment on the proposed initiative Thursday.

Garcetti called the initiative a misguided effort and predicted legal challenges would take decades to resolve.

Anna Zamora of the American Civil Liberties Union of Northern California later issued a statement saying: “This flawed proposal will only make matters worse. It will create more delays and overburden our already strained court system. Worst of all, it will greatly increase the risk that California could execute an innocent person.”

(Source: AP, Sacramento Bee)

CALIFORNIA : Man gets death penalty in 1988 murder of pregnant woman – Jason Michael Balcom


february 7, 2014 (latimes)

A man who raped and murdered a pregnant woman in her Costa Mesa home a quarter of a century ago was sentenced to death Friday.

 

Jason Michael Balcom strangled and stabbed 22-year-old Malinda Gibbons in the chest on July 18, 1988.

Her husband, Kent Gibbons, found his wife dead in their apartment, bound and gagged with his neckties. Police said she had been sexually assaulted.

At the time of the crime, Balcom, then 18, was living with his mother and aunt in a Costa Mesa motel less than a mile away from the apartment. He had been  released from juvenile hall just weeks before the murder.

Investigators cracked the cold case more than a decade later when DNA evidence linked Balcom, now 43, to the crime.

Balcom’s DNA was entered into a nationwide database in 2004 after he was convicted of rape in Michigan, where he and his mother moved after the murder.

He was serving a 50-year prison term when Orange County prosecutors extradited him  to stand trial.

In 2012, an Orange County jury convicted Balcom of first-degree murder with sentencing enhancements for murder during commission of sodomy, rape, robbery and burglary. But jurors deadlocked on whether to recommend the death penalty.

A second jury recommended the death penalty last year, a decision that was affirmed in Superior Court on Friday.

 

Condemned South Bay killer gets off California’s death row – Miguel Bacigalupo


February 4, 2014 (timesheraldonline)

A condemned Santa Clara County killer has been sprung from death row after nearly three decades, spared the possibility of execution because prosecutorial misconduct was found to have marred his 1987 trial.

The District Attorney’s Office on Tuesday notified a judge that it will not retry the penalty phase of Miguel Bacigalupo’s murder case, satisfied he will spend the rest of his life in prison without the possibility of parole unless he can overturn his murder convictions in further appeals.

In an unusual ruling, the California Supreme Court in 2012 scrapped Bacigalupo’s death sentence, finding that the prosecution’s failure to turn over key evidence tainted his 1987 trial. The Supreme Court left intact Bacigalupo’s convictions for murdering two brothers in a San Jose jewelry store in 1983, but concluded the misconduct could have tarnished the jury’s decision to recommend the death penalty.

District Attorney Jeff Rosen could have retried the penalty phase, but opted for a life sentence instead of pursuing another trial so many years after the crime.

“I decided, in the interests of justice, not to retry the penalty phase because … it is unlikely that a jury would return a death verdict more than 30 years after these murders,” Rosen said in a statement.

The Supreme Court found that the lead prosecutor in the original case — Joyce Allego, who later became a judge and retired from the bench last year — and her lead investigator did not reveal crucial evidence to the defense that a Colombian drug cartel was heavily involved in the murders. The evidence was crucial to Bacigalupo’s trial defense.

Robert Bryan, Bacigalupo’s lawyer, said Tuesday he is pressing forward with an appeal in federal court to overturn the murder convictions based on the same misconduct.

“The system worked,” Bryan said of the DA’s decision to drop the death penalty. “But the system only worked after sputtering, kicking and growling.”

The lengthy legal battle stems from Bacigalupo’s conviction for killing Jose Luis Guerrero and Orestes Guerrero, owners of a jewelry store on The Alameda. At trial, Allegro argued that Bacigalupo shot the brothers in a basic jewelry heist, mocking his claim that the Colombian mafia ordered him the carry out the murders or risk the death of his family.

But evidence unearthed in the ensuing decades suggested that the prosecution team, particularly lead investigator Sandra Williams, had strong information from a confidential informant that supported Bacigalupo’s defense. And that material was never turned over to defense lawyers at trial.

Bacigalupo was unlikely to face execution soon. California has not had an execution in eight years as a result of legal battles over its lethal injection method, and none are expected at least in the next year on a death row with more than 740 inmates.

Howard Mintz covers legal affairs. Contact him at 408-286-0236 or follow him at Twitter.com/hmintz

US – Prosecutors help set record number of exonerations in 2013


February 4, 2014 (dallasnews)

ST. LOUIS — A nationwide push by prosecutors and police to re-examine possible wrongful convictions contributed to a record number of exonerations in 2013, according to a report released Tuesday.

The National Registry of Exonerations says 87 people falsely convicted of crimes were exonerated last year, four more than in 2009, the year with the next highest total. The joint effort by the Northwestern University and University of Michigan law schools has documented more than 1,300 such cases in the U.S. since 1989 while also identifying another 1,100 “group exonerations” involving widespread police misconduct, primarily related to planted drug and gun evidence.

The new report shows that nearly 40 percent of exonerations recorded in 2013 were either initiated by law enforcement or included police and prosecutors’ cooperation. One year earlier, nearly half of the exonerations involved such reviews.

“Police and prosecutors have become more attentive and concerned about the danger of false conviction,” said registry editor Samuel Gross, a Michigan law professor. “We are working harder to identify the mistakes we made years ago, and we are catching more of them.”

Texas topped the state-by-state breakdown with 13 exonerations in 2013, followed by Illinois, New York, Washington, California, Michigan and Missouri.

District attorneys in the counties containing Dallas, Chicago, Brooklyn, Manhattan and Santa Clara, Calif., are among those to recently create “conviction integrity” units. The International Association of Chiefs of Police also is pushing to reduce wrongful convictions, joined by the U.S. Justice Department and The Innocence Project, an advocacy group that seeks to overturn wrongful convictions. The association’s recommendations to local departments include new guidelines for conducting photo lineups and witness interviews to reduce false confessions.

Fifteen of the 87 documented cases in 2013 involved convictions obtained after a defendant pleaded guilty, typically to avoid a longer prison sentence. Forty of the cases involved murder convictions, with another 18 overturned convictions for rape or sexual assault.

The number of exonerations based on DNA testing continued to decline, accounting for about one-fifth of the year’s total.

“It’s extremely valuable to use,” Gross said. “But most crimes don’t involve DNA evidence. … DNA hastaught us a huge amount about the criminal justice system. Biological evidence has forced all of us to realize that we’ve made a lot of mistakes. But most exonerations involve shoe-leather, not DNA.”

In Illinois, Nicole Harris and Daniel Taylor each received certificates of innocence from a Cook County judge in January after their respective murder convictions were tossed out in 2013 — a designation that allows both to receive financial compensation from the state. Harris had been convicted in 2005 of strangling her 4-year-old son, who had an elastic band wrapped around his neck. Taylor was released after spending more than 20 years in prison for a fatal robbery that occurred while he was in police custody for an unrelated incident.

In Missouri, former death row inmate Reginald Griffin went free in October 2013 after a small-town prosecutor declined to refile murder charges in connection with a 1983 prison stabbing for which Griffin spent nearly three decades behind bars. Griffin denied his involvement but was convicted after two inmates claimed to have seen him stab the prisoner. One of those inmates later recanted, saying he had not seen the attack. An appellate attorney also discovered that prosecutors had withheld a report that guards had confiscated a sharpened screwdriver from another inmate as he was attempting to leave the area where the attack took place.

Ryan Ferguson, convicted in 2005 in the beating death of a Columbia (Mo.) Daily Tribune sports editor, was freed in November 2013 after a state appeals court panel ruled prosecutors had withheld evidence from his attorneys and that he didn’t get a fair trial. The state attorney general’s office decided not to retry Ferguson, who had received a 25-year prison sentence.

Like their counterparts across the country, Missouri prosecutors are reviewing not just questionable individual convictions but also the broader issues that lead to exonerations, from coerced confessions to contaminated crime labs.

“It’s the duty of police and prosecutors to protect everyone in the community, including victims and defendants,” said Boone County Prosecutor Dan Knight. “We want the process to be as fair and transparent as possible.”

EXONERATIONS  IN 2013 PDF REPORT

Us – Inmates sentenced to Death in 2013


Inmates Sentenced to Death in 2013

First Name Last Name State County Race 
Dontae Callen AL Jefferson B
Thomas Crowe AL Blount W
Carlos Kennedy AL Mobile B
Joshua Russell AL Calhoun B
Nicholas Smith AL Calhoun B
Darrel Ketchner AZ Mohave W
Joel Escalante-Orozco AZ Maricopa L
Vincent Guarino AZ Maricopa W
Jeffrey Aguilar CA Ventura L
Emilio Avalos CA Riverside L
Ronald Brim CA Los Angeles B
Nathan Burris CA Contra Costa B
Osman Canales CA Los Angeles L
Daniel Cervantes CA Riverside L
Carlos Contreras CA Riverside L
Rickie Fowler CA San Bernardino W
Travis Frazier CA Kern W
Robert Galvan CA Kings L
Richard Hirschfield CA Sacramento W
Emrys John CA Riverside B
Waymon Livingston CA Orange B
Jesse Manzo CA Riverside L
Desi Marentes CA Los Angeles L
Tyrone Miller CA Riverside B
Joseph Naso CA Marin W
Kenneth Nowlin CA Kern W
Christian Perez CA Los Angeles L
John Perez CA Los Angeles L
Rudy Ruiz CA Los Angeles L
Charles Smith CA Los Angeles B
Anthony Wade CA Orange B
Michael Walters CA Kings L
Kaboni Savage Federal Eastern District of Pennsylvania B
Michael Bargo FL Marion W
John Campbell FL Citrus W
Steven Cozzie FL Walton W
Wayne Doty FL Bradford W
Richard Franklin FL Columbia B
Victor Guzman FL Miami-Dade L
Derral Hodgkins FL Pasco W
Kenneth Jackson FL Hillsborough W
Kim Jackson FL Duval B
Joseph Jordan FL Volusia W
Joel Lebron FL Miami-Dade B
Khadafy Mullens FL Pinellas B
Khalid Pasha FL Hillsborough B
John Sexton FL Pasco W
Delmer Smith III FL Manatee W
Jeremy Moody GA Fulton B
William Gibson IN Floyd W
Kevin Isom IN Lake B
Jeffrey Weisheit IN Clark W
Nidal Hasan Military (Fort Hood, Texas) O
Robert Blurton MO Clay W
Jesse Driskill MO LaClede W
David Hosier MO Cole W
Timothy Evans MS Hancock W
James Hutto MS Hinds W
Mario McNeill NC Cumberland B
Bryan Hall NV Clark W
Gregory Hover NV Clark W
Richard Beasley OH Summit W
Steven Cepec OH Medina W
Curtis Clinton OH Erie B
Dawud Spalding OH Summit B
Mica Martinez OK Comanche NA
Omar Cash PA Philadelphia B
Kevin Murphy PA Westmoreland W
Ricky Smyrnes PA Westmoreland W
Aric Woodard PA York B
Micah Brown TX Hunt W
Obel Cruz-Garcia TX Harris L
Franklin Davis TX Dallas B
Bartholomew Granger TX Jefferson B
James Harris, Jr. TX Brazoria B
Willie Jenkins TX Hays B
Matthew Johnson TX Dallas B
Albert Love, Jr. TX McLennan B
Naim Muhammad TX Dallas B
Byron Scherf WA Snohomish W

Amnesty International Urges Thorough, Impartial Investigation in Prisoner’s Death in California


Amnesty International USA issued the following comments today from Thenjiwe McHarris, senior campaigner in the U.S. program, in response to the death of a prisoner at the Corcoran State Prison in California:

“The state of California must immediately order a thorough, impartial investigation into the death of prisoner Billy Sell and make the results public” said McHarris. “This case underscores our concerns at treatment of and conditions for prisoners in CA SHUs, whether or not they are participating in the hunger strike. It is imperative that the public know the facts surrounding this death – whether they reveal that Sell was refusing food as part of the hunger strike, and requested medical attention in the days before he died, as prisoners advocates have alleged, or was a suicide, as prison authorities attest and the country coroner ruled. The state is obligated to find the truth in this case and make the facts public. There must be no uncertainty or dispute over how Billy Sell died.”

“Conditions for prisoners in solitary confinement in California are an affront to human rights and must end. No human being should be held under the deplorable conditions we have witnessed in California prisons for prolonged periods, even decades – this amounts to cruel, inhumane and degrading conditions.”

The hunger strike by prisoners in solitary confinement in California entered its 23rd day on Tuesday, with the state reporting about 600 prisoners refusing food. The strike had involved 30,000 prisoners at the start. Amnesty International visited California’s prison isolation units in November 2011 and issued a highly critical report, “The Edge of Endurance“ the following year.

The severe negative psychological consequences of isolation are such that suicides occur more frequently in isolation units than in the general prison population. In California, over a five-year period from 2006 to 2010, the average number of prison suicides was 34 a year, with 42 percent occurring in administrative segregation or isolation units.

On July 5, in advance of the hunger strike, Amnesty International issued a full statement calling on California authorities to respond to the planned strike by enacting reforms. Read the statement.

Read Amnesty International’s 2012 report, “The Edge of Endurance: Prison Conditions in California’s Security Housing Units“

Former San Quentin Warden Woodford says death penalty almost dead


To hear former San Quentin State Prison Warden Jeanne Woodford tell it, the death penalty is all but dead in California.

“The political consensus is that California’s death penalty is on its way out,” she told an audience of about 70 people Saturday in the auditorium at the Redwoods in Mill Valley. “The question remains when and how it will go.”

The 61-year-old Woodford, who oversaw four executions during her five-year stint as warden of San Quentin, was a prominent leader in last year’s narrowly defeated Proposition 34 campaign to replace the death penalty with life in prison without possibility of parole.

On the eve of the election, a Field Poll showed the Prop. 34 initiative in the lead. It ended up losing 48 percent to 52 percent, a margin of just 500,000 votes.

She pointed out that public opinion has changed drastically since the death penalty was reinstated in 1978, when 70 percent of California voters favored it. Since then, it has cost the state $4 billion to administer.

“If 250,001 voters had changed their minds and voted yes, we would have won and no longer have the death penalty in this state,” she said, adding, “We did succeed in forever changing the landscape on this issue in this state. With 48 percent of voters supporting repeal, we have shown that the state is now evenly divided on the death penalty. We have fundamentally changed the conversation.”

In opposing the death penalty, Woodford, who rose through the ranks to become the director of the entire California prison system, says she knows from first hand experience that it wastes money, does not make law-abiding citizens any safer and risks executing death row inmates who may have been wrongfully convicted and are innocent. (Marin Independent Journal)

The Horrible Psychology of Solitary Confinement


At left, a photograph of Ronnie Dewberry, a prisoner in solitary confinement at California’s Pelican Bay State Prison. The photo was received by his sister Marie Levin in 2012, after a rule change allowed prisoners in solitary to be photographed for the first time in more than 20 years. At right is Dewberry’s next-most-recent photo, taken in 1988.

In the largest prison protest in California’s history, nearly 30,000 inmates have gone on hunger strike. Their main grievance: the state’s use of solitary confinement, in which prisoners are held for years or decades with almost no social contact and the barest of sensory stimuli.

The human brain is ill-adapted to such conditions, and activists and some psychologists equate it to torture. Solitary confinement isn’t merely uncomfortable, they say, but such an anathema to human needs that it often drives prisoners mad.

In isolation, people become anxious and angry, prone to hallucinations and wild mood swings, and unable to control their impulses. The problems are even worse in people predisposed to mental illness, and can wreak long-lasting changes in prisoners’ minds.

“What we’ve found is that a series of symptoms occur almost universally. They are so common that it’s something of a syndrome,” said psychiatrist Terry Kupers of the Wright Institute, a prominent critic of solitary confinement. “I’m afraid we’re talking about permanent damage.”

California holds some 4,500 inmates in solitary confinement, making it emblematic of the United States as a whole: More than 80,000 U.S. prisoners are housed this way, more than in any other democratic nation.

Even as those numbers have swelled, so have the ranks of critics. A series of scathing reports and documentaries — from the National Religious Campaign Against Torture, the New York Civil Liberties Union, the American Civil Liberties Union and Human Rights Watch, and Amnesty International — were released in 2012, and the U.S. Senate held its first-ever hearings on solitary confinement. In May of this year, the U.S. Government Accountability Office criticized the federal Bureau of Prisons for failing to consider what long-term solitary confinement did to prisoners.

What’s emerged from the reports and testimonies reads like a mix of medieval cruelty and sci-fi dystopia. For 23 hours or more per day, in what’s euphemistically called “administrative segregation” or “special housing,” prisoners are kept in bathroom-sized cells, under fluorescent lights that never shut off. Video surveillance is constant. Social contact is restricted to rare glimpses of other prisoners, encounters with guards, and brief video conferences with friends or family.

‘Most of these people will return to our communities.’

For stimulation, prisoners might have a few books; often they don’t have television, or even a radio. In 2011, another hunger strike among California’s prisoners secured such amenities as wool hats in cold weather and wall calendars. The enforced solitude can last for years, even decades.

These horrors are best understood by listening to people who’ve endured them. As one Florida teenager described in a report onsolitary confinement in juvenile prisoners, “The only thing left to do is go crazy.” To some ears, though, stories will always be anecdotes, potentially misleading, possibly powerful, but not necessarily representative. That’s where science enters the picture.

“What we often hear from corrections officials is that inmates are feigning mental illness,” said Heather Rice, a prison policy expert at the National Religious Campaign Against Torture. “To actually hear the hard science is very powerful.”

Scientific studies of solitary confinement and its damages have actually come in waves, first emerging in the mid-19th century, when the practice fell from widespread favor in the United States and Europe. More study came in the 1950s, as a response to reports of prisoner isolation and brainwashing during the Korean War. The renewed popularity of solitary confinement in the United States, which dates to the prison overcrowding and rehabilitation program cuts of the 1980s, spurred the most recent research.

Consistent patterns emerge, centering around the aforementioned extreme anxiety, anger, hallucinations, mood swings and flatness, and loss of impulse control. In the absence of stimuli, prisoners may also become hypersensitive to any stimuli at all. Often they obsess uncontrollably, as if their minds didn’t belong to them, over tiny details or personal grievances. Panic attacks are routine, as is depression and loss of memory and cognitive function.

According to Kupers, who is serving as an expert witness in an ongoing lawsuit over California’s solitary confinement practices, prisoners in isolation account for just 5 percent of the total prison population, but nearly half of its suicides.

When prisoners leave solitary confinement and re-enter society — something that often happens with no transition period — their symptoms might abate, but they’re unable to adjust. “I’ve called this the decimation of life skills,” said Kupers. “It destroys one’s capacity to relate socially, to work, to play, to hold a job or enjoy life.”

Some disagreement does exist over the extent to which solitary confinement drives people mad who are not already predisposed to mental illness, said psychiatrist Jeffrey Metzner, who helped design what became a controversial study of solitary confinement in Colorado prisons.

In that study, led by the Colorado Department of Corrections, researchers reported that the mental conditions of many prisoners in solitary didn’t deteriorate. The methodology has been criticized as unreliable, confounded by prisoners hiding their feelings or happy just to be talking with anyone, even a researcher.

Metzner denies that charge, but says that even if healthy prisoners in solitary confinement make it through an unarguably grueling psychological ordeal, many — perhaps half of all prisoners — begin with mental disorders. “That’s bad in itself, because with adequate treatment, they could have gotten better,” Metzner said.

Explaining why isolation is so damaging is complicated, but can be distilled to basic human needs for social interaction and sensory stimulation, along with a lack of the social reinforcement that prevents everyday concerns from snowballing into pychoses, said Kupers.

Former Pelican Bay inmate Lonnie Rose, who was held in solitary confinement for 9.5 years, holds photos taken of himself in 1999 and March of this year. Image: Adithya Sambamurthy/The Center for Investigative Reporting

He likened the symptoms seen in solitary prisoners to those seen in soldiers suffering from post-traumatic stress disorder. The conditions are similar, and it’s known from studies of soldiers that chronic, severe stress alters pathways in the brain.

Brain imaging studies of prisoners are lacking, though, given the logistical difficulties of conducting them in high-security conditions.

Such studies are arguably not needed, as the symptoms of solitary confinement are so well-described, but could add a degree of neurobiological specificity to the discussion.

“What you get from a brain scan is the ability to point to something” concrete, said law professor Amanda Pustilnik of the University of Maryland, who specializes in the intersection of neuroscience and the legal system. “The credibility of psychology in the public mind is very low, whereas the credibility of our newest set of brain tools is very high.”

Brain imaging might also convey the damages of solitary confinement in a more compelling way. “There are few people who say that mental distress is impermissible in punishment. But we do think harming people physically is impermissible,” Pustilnik said.

“You can’t starve people. You can’t put them into a hotbox or maim them,” she continued. “If you could do brain scans to show that people suffer permanent damage, that could make solitary look less like some form of distress, and more like the infliction of a permanent disfigurement.”

Such arguments might still not be shared by people who believe criminals deserve their punishments, but there’s also a utilitarian argument. Solitary confinement is supposed to reduce prison violence, but some studies suggest that reducing its use — as in one Mississippi prison, where mentally ill prisoners were removed from solitary and given treatment — actually reduces prison-wide violence.

The demands of hunger-striking California prisoners include a five-year limit on solitary sentences, an end to indefinite sentences, and a formal chance to earn their way back to general-population housing through good behavior.

“Most of these people will return to our communities,” said Rice. “When we punish them in such a manner that they’re coming out more damaged than they went in, and are ill-equipped to re-enter communities and be productive citizens, we’re doing a disservice to society as a whole.”

 

California death penalty: State abandons defense of three-drug executions


California has abandoned the legal defense of its delay-ridden lethal injection procedures, moving ahead to adopt a single-drug option that has been embraced by other states trying to enforce their death penalty laws.

The Brown administration has decided against appealing a May ruling that invalidated the state’s three-drug execution method, which has been mired in years of state and federal court legal tangles.

Faced with a Wednesday deadline, the state chose not to seek a California Supreme Court review of the decision striking down the three-drug procedure because state officials failed to follow administrative rules when adopting them several years ago.

A prison system spokeswoman said the governor and other state officials will proceed with working out a method of executing condemned inmates with a single fatal dose of a sedative, which other states — such as Ohio, Arizona and Washington — have adopted to short-circuit legal challenges to their lethal injection procedures. (Mercury News)