Reuters

California’s longest-serving death row inmate spared execution – Douglas Stankewitz,

October 30,2012 http://www.chicagotribune.com

SACRAMENTO (Reuters) – A federal appeals court has overturned the death sentence of California’s longest serving death row inmate, a 54-year-old Mono Indian man convicted in 1978 for killing a woman during a drug- and alcohol-fueled carjacking.

Douglas Stankewitz, who has spent 34 years awaiting execution, will be re-sentenced to life without the possibility of parole unless prosecutors decide within 90 days to retry the penalty phase of his trial, which would consider punishment only, not guilt or innocence.

The decision late on Monday by the Ninth Circuit Court of Appeals comes just a week before Californians vote on a referendum to abolish the death penalty in the state.

A federal judge halted all California executions in 2006, saying a three-drug lethal injection protocol risked causing inmates too much pain and suffering before death. California revised its protocol, but executions have not resumed.

An appeals court panel, in a 2-1 decision, ruled that Stankewitz received ineffective legal counsel during the penalty phase of his murder trial, when he was sentenced to die.

His lawyer, they wrote, failed to investigate and present evidence “including evidence of his deprived and abusive upbringing, potential mental illness, long history of substance abuse and use of substantial quantities of drugs leading up to the murder.”

In a recent interview with Reuters inside San Quentin State Prison, Stankewitz called the death penalty “a joke,” and described how long delays in the appeals process, coupled with ineffective counsel, had led to him spending more than three decades waiting to die.

“They can’t kill me because the system is messed up so bad,” Stankewitz told Reuters during that interview.

Stankewitz suffered alcohol exposure in the womb, was removed from his home at age 6 after his mother beat him and bounced between foster care facilities where he was severely troubled and abused, court documents show.

He was 19 when he and a group of friends carjacked Theresa Graybeal, 22, from a K-Mart parking lot in Modesto and drove across California’s rural heartland to Fresno, roughly 100 miles away. There, Graybeal was shot and killed.

CALIFORNIA – Convicted killer hangs himself on California’s death row – James Lee Crummel

May 29, 2012

(Reuters) – A convicted killer sentenced to death for the 1979 murder of a 13-year-old boy has hanged himself on California’s death row, months before voters in the state are due to decide whether to abolish the death penalty, prison officials said on Tuesday.
James Lee Crummel, 68, was found hanging in his cell at San Quentin State Prison, California Department of Corrections and Rehabilitation spokesman Sam Robinson said in a written statement.
Crummel, who had prior convictions for child molestation, was pronounced dead at 4:20 p.m. on Sunday. He was sentenced to death in 2004 for the 1979 kidnapping, sexual abuse and murder of 13-year-old Wilfred Trotter, Robinson said. Crummel had been housed on death row ever since.
The suicide comes ahead of a ballot measure in California in November in which voters will decide whether to repeal the death penalty in a state that is home to nearly a quarter of the nation’s death row inmates.
The ballot initiative focuses on the high cost of the death penalty in a state that has executed 13 people since capital punishment was reinstated in the nation in 1976. More than 720 inmates sit on death row pending lengthy and expensive appeals.
Crummel joins another 20 inmates who have committed suicide while on California’s death row. According to the corrections department, since capital punishment was reinstated in California in 1978, 57 condemned inmates in the state have died from natural causes and six died from other causes.
A federal judge halted all California executions in 2006 after ruling that the three-drug protocol that has been used for lethal injections carried the risk of causing the inmate too much pain and suffering before death.
California has since revised its protocol but an appeals court has blocked resumption of executions over the same objections.