When Illinois Republican Governor George Ryan neared the end of his tenure in 2003, he commuted all of his state’s death sentences.  It’s unlikely that Governor Jerry Brown will do the same during the last several months of his term, despite some lobbying for such action (e.g., here and here).  However, it is probable that he will commute the life-without-parole (LWOP) sentences of a number of murderers, giving them a chance to be released from prison.

Unlike in Illinois, California’s governor doesn’t have unfettered power to commute or pardon.  Our state’s constitution provides that, when a person has been “twice convicted of a felony,” before the governor can grant him or her clemency, the governor must first get the “recommendation of the Supreme Court, 4 judges concurring.”

Many death row prisoners fall into the twice-convicted-of-a-felony category.  Also, even under its deferential standard of review, the Supreme Court typically takes several months to act on Governor Brown’s requests for clemency recommendations.  We would thus expect to already see many requests regarding condemned prisoners if Brown were planning to empty California’s death row.  But there currently are none at all in the pipeline.

Governor Brown, however, has shown a willingness to commute some LWOP sentences of murderers.  At Brown’s request, the court recently recommended clemency for three LWOP sentences.  (Here, here, and here.)  Seven LWOP commutations were included in the governor’s 70 pardons and commutations five months ago.   And there are five more LWOP commutation recommendation requests pending.

There are now 13 gubernatorial clemency recommendation requests waiting for court action.  They are:

  • Viet Quoc Hong:  pardon for vehicle theft, possession of a controlled substance, using or being under the influence of a controlled substance and driving with a suspended license.
  • Melissa Jean Olsgard:  pardon for fraud to obtain aid and possession of a controlled substance for sale.
  • Tammy Garvin:  commutation of LWOP murder sentence.
  • Manuel Delgado:  commutation of 25-years-to-life sentence for burglary plus two years for prior prison term enhancements.
  • William Smith:  commutation of LWOP murder sentence.
  • Brandita Taliano:  commutation of LWOP murder sentence.
  • David Brian Drew:  pardon for possession, transporting, selling of narcotics, furnishing marijuana and conspiracy.
  • Julian Blouin:  commutation of 35-years-to-life sentence for burglary and two prior felony enhancements.
  • Alfredo Perez, Jr.:  commutation of 27-years-to-life sentence for assault by means likely to produce great bodily injury.  This particular request might test how deferential the Supreme Court’s review really is — Perez had been re-sentenced and released from prison, but the court reversed the sentence reduction three months ago.
  • Earlonne Woods:  commutation of 31-years-to-life sentence for attempted robbery, a firearm enhancement, and a prior felony enhancement.
  • Timothy Thompson:  commutation of 30-years-to-life sentence for robbery.
  • Belinda Anderson:  commutation of LWOP murder sentence.
  • Larry Martinez:  commutation of LWOP murder sentence.

Although there won’t be a large number of death sentence pardons or commutations, Governor Brown is currently evaluating at least one prisoner’s case — that of Kevin Cooper, whose 1985 death penalty a 5-2 Supreme Court affirmed in 1991.  (See here, here, and here.)  If the Governor believes Cooper — a twice-convicted felon — merits clemency, he will need the Supreme Court’s recommendation before he grants relief.

[August 17 update:  Governor Brown today announced 36 pardons and 31 commutations.  At least six of the commutations were made with the required Supreme Court recommendation.]