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Judge Ito Spurns DA’s Entreaty to Vacate Death Sentence
By a MetNews Staff Writer
Los Angeles Superior Court Judge Roger Ito on Friday rejected a stipulation by the Office of District Attorney George Gascón and the defense that a death sentence be vacated, saying that this is the first time as a bench officer that he has not accepted a proposed stipulation between the parties.
The California Supreme Court ordered a hearing as to whether the defendant, Samuel Zamudio, who was convicted on Nov. l7, 1997, of two counts of murder with special circumstances, should be relieved of his death sentence based on the allegation that he is mentally disabled.
Ito said he will hold such a hearing, on March 18, rather than accepting the concession by Gascón’ office. Tuesday will mark one year since Gascón took office, announcing on that date policies aimed at lowering sentences and avoiding executions.
Wording of Stipulation
The stipulation says:
“[T]he Los Angeles County District Attorney’s Office believes that Mr. Zamudio has established that he is intellectually disabled. Respondent will not support executing a person who is intellectually disabled. Accordingly, Respondent concedes the issue of intellectual disability and has elected not to show cause why Petitioner’s death sentence should not be vacated.”
Under the U.S. Supreme Court’s 2002 decision in Atkins v. Virginia, it would constitute cruel and unusual punishment, in violation of the Eighth Amendment, to execute a person who is mentally retarded.
The stipulation, prepared by Gascón’s office, adds:
“The parties stipulate that Mr. Zamudio’s intellectual disability makes him ineligible for the penalty of death under the Eighth Amendment to the United States Constitution, for the reasons articulated in Atkins and its progeny. This disposition moots all penalty phase claims before this Court.
Representation at Hearing
The prosecution was represented at Friday’s hearing by Shelan Joseph, a former deputy public defendant, brought over to the prosecutorial office by Gascón. The defense is being conducted by the Habeas Corpus Resource Center.
Former District Attorney Steve Cooley and victims’ rights lawyer Kathy Cady are acting for the victims’ children, on a pro bono basis.
Ito, who explained that he wants to ensure that the process is transparent for the People, the defendant, the victims and the public, set a status conference for Jan. 18.
The defense indicated that it would file a challenge-for-cause to Ito pursuant to Code of Civil Procedure §170.3 and would seek a writ of mandate in the Court of Appeal challenging the judge’s decision.
Cady Comments
Cady commented: “The victim’s children, Jane Bouffard and Tom Vardon, believe that the District Attorney’s Office is attempting to concede the intellectual disability claim based on policy, not the law or facts. The victims have a right to justice and due process pursuant to the California Constitution. This means they have a right to know that the law is being upheld.
“They have a right to expect that DA Gascón will follow the law as enacted by the legislators and the voters, and not undertake to change a sentence based on his own personal philosophy and policy. Based on what has occurred, it appears that the prosecutor and defense are colluding to subvert justice because of Gascon’s policy against the death penalty.”
A comment was not sought from the District Attorney’s Office which has been unresponsive to such requests since Gascón became the district attorney.
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