Posted on 03/14/2006 9:43:54 PM PST by NormsRevenge
SAN FRANCISCO - The California Attorney General's office has a month left to decide whether it will fight to see Gregory Allen Sturm die. On March 8, the California Supreme Court overturned the 35-year-old's death sentence for the August 19, 1990 robberies and murders of Darrell Esgar, Chad Chadwick, and Russell Williams.
Death penalty opponents tout the court's decision as another example of increasing tensions over methods of criminal punishment in California.
According to the court, however, the 5-2 decision overturning the death sentence focused on the trial judge's misconduct.
Sturm is still convicted of the crimes, which occurred at the Super Shops auto store in Tustin, California where all of the men were once co-workers.
The judge who presided over Sturm's trial made remarks to jurors that implied the murders were premeditated and therefore could result in the death penalty.
The defense, which was led by Deputy State Public Defender John Fresquez, argued these remarks, coming from the authoritative voice of a Judge Donald McCartin, unfairly swayed jurors. His defense argued Sturm could not have planned the murders since he was a cocaine addict and highly intoxicated at the time.
Nathan Barankin, a spokesman for the Attorney General's office, said if the office decides not to appeal, the Orange County District Attorney's office has plans to retry the penalty phase of the case for the third time.
At that point jurors would decide if Sturm were to receive the death sentence, or his current default sentence of life in prison without possibility of parole.
Sturm has resided for more than 13 years on death row in Marin County's San Quentin State Prison. A retrial would return Sturm to his native Orange County for proceedings.
While technicalities saved Sturm from a death sentence, larger factors are raising questions about the future of the ultimate punishment.
Heated debate arose with the much-publicized execution of Stan "Tookie" Williams, a former Crips gang leader and later author of several books on fixing gang violence. Williams had a host of supporters who believed he had reformed; they publicly questioned why the condemned could not be redeemed.
Williams, like other inmates, waited more than two decades for his execution, during which time he took up hobbies and social justice advocacy.
Williams had also been nominated for the Nobel Peace Prize and the Nobel Prize in Literature.
Within weeks of the Williams' execution, however, another convicted murderer's execution was canceled.
Michael Morales was spared after the American Medical Association issued a statement saying physicians cannot participate in executions based on ethical grounds.
The statement said: "The use of a physician's clinical skill and judgment for purposes other than promoting an individual's health and welfare undermines a basic ethical foundation of medicine - first, do no harm."
Sturm really earned the death sentence, hope there is a way to check the scum out.
So, if I`m high on what ever, and kill somebody with my car, its OK?
Unfortunately many judges forget the victims. All murders who have been found guilty by the presentation of undeniable evidence should be executed within 5 years of being found guilty.
This is infuriating. If these judges make big errors they
ought to be able to be fired. Or sued. Let them sweat out
their decisions, like the victims sweated it out.
At least give them one year off for every 7 years they
serve where they get to work at a "non-law related" job,
so they can get a feel of reality. I would make a sabbatical
mandatory (if I had the power).
Where's the ping?
I know Sturm hasn't done much since getting traded to the Bruins but I think the death penalty is a bit extreme, no?
Excuse me, having posted first, I'll now read the story.
FACT: Gregory Allen Sturm murdered 3 innocent victims during the commission of a robbery. FACT: Sturm confessed to the murders, also admitting to pre-meditation. FACT: Sturm was found guilty and sentenced to death. FACT: Darrell Esgar was a friend of mine; we went to Edison High together and he was a wonderful, bright, funny and witty guy. FACT: Darrell did not deserve to die. FACT: Gregory Sturm does.
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