Federal Judge Cormac Carney in Santa Ana Rules Cali Death Penalty is Unconstitutional

Categories: Court

OC Weekly archives
Judge Cormac Carney says the administration of the death penalty in California is "dysfunctional."

That a federal judge in California has declared the death penalty unconstitutional here is no surprise--a 2006 ruling has put capital punishment on hold in Northern California--but that a federal judge in stodgy old Orange County did caused ripples Wednesday. To be fair, some are ripples of "atta boys" for U.S. District Court Judge Cormac Carney in Santa Ana.

In a 29-page ruling overturning the death sentence of a man accused of killing his girlfriend's mother in Los Angeles in 1992, Carney writes that the prisoner is among more than 900 people who have been sentenced to death in California since the current system was adopted by voters here in 1978.

"Of them, only 13 have been executed," Carney notes. "For the rest, the dysfunctional administration of California's death penalty system has resulted, and will continue to result, in an inordinate and unpredictable period of delay preceding their actual execution. Indeed, for most, systemic delay has made their execution so unlikely that the death sentence carefully and deliberately imposed by the jury has been quietly transformed into one no rational jury or legislature could ever impose: life in prison, with the remote possibility of death."

(No matter where you stand on the issue, that last line is tight.)

Carney's ruling adds a question mark to Orange County death penalty cases, including those of Scott Evans Dekraai, who pleaded guilty in May to being the worst mass killer in Orange County history; Daniel Patrick Wozniak, the community theater actor accused of killing two friends and making it appear one (who was dismembered) murdered the other; and Richard Raymond Ramirez, whose conviction for raping and murdering a 22-year-old woman in Garden Grove was already overturned once.

Of course, whether Dekraai, Wozniak and Ramirez will ever be put to death could also hinge on motions challenging Orange County law enforcement's use of jailhouse informants on those and other defendants represented by counsel.

The many killers Orange County judges and juries have already sent to death row could also be up in the air. I believe I read in the informant coverage that OC has the highest rate of defendants sent to death row, but don't quote me on that.

Among those who came out in support of Carney's ruling, based on the reporting of City News Service, were:

* Erwin Chemerinsky, dean of the UC Irvine School of Law: "I think it's a very courageous ruling based on the facts and the reality. It's a very important and well-reasoned decision. I think Judge Carney is right that the way the death penalty is administered in California is so arbitrary and capricious as to be unconstitutional."

* Los Angeles County's former district attorney Gil Garcetti: The ruling "proves that the death penalty is broken beyond repair. It is exorbitantly costly, unfair and serves no legitimate purpose whatsoever. The only solution is to replace the death penalty with life in prison without the possibility of parole."

* John Van de Kamp, former state attorney general and chairman of a bipartisan commission that recommended speeding up the death penalty legal process (and was cited in Carney's ruling): "The facts are overwhelming and clear: California's death penalty
system is dysfunctional. The lack of any meaningful progress to implement the commission's recommendations over the past six years adds fuel to Judge Carney's decision today."

The Orange County District Attorney's office had no comment, according to the news service.

Email: mcoker@ocweekly.com. Twitter: @MatthewTCoker. Follow OC Weekly on Twitter @ocweekly or on Facebook!

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Crystal Jewel
Crystal Jewel


Anthony 'Ace' Leon
Anthony 'Ace' Leon

You know maybe u don't understand how goes here,Lets say one of your family member was murder and do they have a rights to kill your family member huh,Think about it if i had any family member been murder i will killed them or put in death penalty and no not in 10 or 20 years from now do it asap or i will that call a justice peace.So judge if you don't like the death penalty maybe is time to resign then..

Pony Ann
Pony Ann

It is. I thought the death penalty went away a log time ago here.

Kelly Blush
Kelly Blush

Why is he a judge, maybe if one of those killer's killed someone he knew he would have different thought's about the death penalty

Bernie Steel
Bernie Steel

So the lawyers and system file appeal after appeal to delay the execution as long as possible and now a judge tells us that the punishment hasn't been carried out in a timely fashion. WTF

Geof Dail
Geof Dail

Hey, Tex Watson got to get married & have 4 kids & Charlie Manson is marrying a 25 year old, which I'm sure is a nice bonus for the families of their victims, right? Yeah, I agree, CA needs to be a little more willing to send the monsters on the "Three Drip Trip."

John Hald
John Hald

This is where I wish we were more like texas

Ladya Oo
Ladya Oo

Dysfunctional is watching all the maniacs on death row giving us the finger now.

RocketJ topcommenter

Carney did not rule the death penalty unconstitutional he ruled Californias administration of the death penalty is unconstitutional. Big difference.

paullucas714 topcommenter

You can rest assured that the life lead off of death row and in life without parole is exceedingly more harsh.

paullucas714 topcommenter

this judge was a bush appointee.

fishwithoutbicycle topcommenter


Agree. It's not the death penalty itself being challenged but California's failure to ensure the punishment is carried out within a reasonable time frame. 

fishingblues topcommenter

@fishwithoutbicycle @RocketJ

Dang, so we can't hang 'em without snapping their necks anymore.  It was kind of fun to watch them dance for awhile.

We should use the guillotine instead of the pendulum (that's the pits).

No more smallish doses of electricity.  We will need to shock the hell out of them. 

As to drugs, so much for enjoying the high before you die.   

MatthewTCoker topcommenter

@fishwithoutbicycle @RocketJ Agreed. That's what the story says. But I could not fit all that in the headline along with Carney's full name (as required by my overlords).

DonkeyHotay topcommenter

@MatthewTCoker @fishwithoutbicycle @RocketJ

No self-respecting Californian refers to the state as "Cali" ... any more than locals would call San Francisco "Frisco" or "San Fran".

Try the state abbreviation CA, or Fed. Judge, 

... or inform your clueless overlords that in the crazy internet world, Headlines and Stories can be as long as you want since there are no typesetting limitations.


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