California governor to grant clemency to all 548 death row inmates in state

A United States governor says he will convert 500 death sentences to life in prison without the possibility of parole, though the state's Supreme Court will have the final say in hundreds of those cases.

After eight years in office, Californian Governor Gavin Newsom made the decision as he considers a run for president. 

The Democrat, who has long been opposed to the death penalty, placed a moratorium on executions in California in 2019.

Fate of death row inmates hinge on court approval

His latest move came after he realised "the limits of what government can justly accomplish", he said.

"I take this action because I firmly believe that state-sanctioned killing is incompatible with California's values, undermines the foundations of our legal system, and diminishes each of us," Mr Newsom said in a letter.

Mr Newsom moved to grant clemency to 548 people sentenced to death in California, of whom 529 are men and 19 are women, according to numbers provided by his office.

The state constitution requires the California Supreme Court's approval to grant clemency to anyone convicted of a felony more than once.

About 382 of those commutations, or roughly 70 per cent, would require approval, according to Mr Newsom's office.

No-one has been executed in the state since 2006 ,and California has the largest death row in the Western Hemisphere.

Victim's sister weighs in 

Among the most notorious convicted killers on California's death row are Richard Allen Davis, who kidnapped and murdered 12-year-old Polly Klaas in 1993, and Randy Kraft, the so-called "Scorecard Killer" who kept a list of his 16 victims in the 1970s and 80s.

Other prominent killers, including Scott Peterson and the Manson family members, received death sentences that were later commuted to life in prison.

Jess Nichol, Polly Klaas's sister, said she previously believed Davis deserved the death penalty, but her views evolved.

"The system tells survivors that execution matters to our healing," Ms Nichol said in a statement. "It doesn't. It's a distraction from what we actually need."

Critics hold 'grave concerns' over clemency move

Mr Newsom said the decision was among the most difficult of his career because it would surface painful memories for crime victims' families.

"As Governor, I alone bear responsibility for this decision and its impact, just as I alone would bear responsibility for each execution," Mr Newsom wrote.

Patricia Wenskunas, founder of the California advocacy nonprofit Crime Survivors, which opposed the abolition of the death penalty, criticised Mr Newsom's decision.

"My heart hurts for every one of the victims and every one of their family members," she said, calling the decision "offensive" and "outrageous".

The California District Attorneys Association is yet to comment on the announcement. 

But last month the group sent a letter to Mr Newsom expressing "grave concerns" about him considering the move and warning that such a sweeping action would inflict additional anguish on victims' families.

"To simply erase all those judgements with the stroke of a pen, without considering the facts of each case or the families affected, would be a profound disservice to the administration of justice," it said.

Support for death penalty wavers

The American Civil Liberties Union (ACLU), which has said the death penalty reflects racial bias, applauded the announcement.

"These commutations reflect what justice demands: an end to a racist, error-prone, and inhumane punishment that has burdened California for far too long," executive director Anthony Romero said in a statement.

The ACLU is involved in an ongoing legal challenge to California's death penalty statute, alleging it is racially discriminatory and unconstitutional.

Mr Newsom has previously said capital punishment in practice has discriminated against mentally ill people and people of colour.

The botched execution of Christa Pike has sparked renewed scrutiny over the death penalty across the country. 

Pike, 50, remains on death row in Tennessee after she survived two lethal doses of pentobarbital in September. 

Her attorneys want Republican Governor Bill Lee to change that to life in prison. 

Other governors have granted broad clemency to all death row prisoners in their states, including governor Kate Brown in Oregon in 2022 and Governor Jared Polis in Colorado in 2020.

In 2024, president Joe Biden also granted clemency to 37 out of 40 federal prisoners sentenced to death.

Xavier Becerra, a Democrat who will take over from Mr Newsom in January, has said he will extend the state's moratorium on the death penalty.