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Polly Klaas' killer has his day in court
San Francisco Chronicle ^ | 3/12/9 | Debra J. Saunders

Posted on 03/12/2009 7:44:10 AM PDT by SmithL

When a jury found Richard Allen Davis guilty of the murder of Petaluma's 12-year-old Polly Klaas in 1996, Davis puckered his lips and extended a middle finger to TV cameras. Later, Davis was sentenced to death, and outraged California voters passed a three-strikes sentencing law.

From death row now, Davis still is puckering up and extending his finger at the public - and the public is paying for it. It's 2009, yet it was only this month that Davis' first appeal was argued before the California Supreme Court.

"Who would think it would take almost as long for this guy to get his hearing after he was sentenced to death than my daughter was on this Earth and she didn't reach her 13th birthday?" Polly's father, Marc Klaas, told me Tuesday.

Expect a ruling on that appeal within 90 days. Then there's a state habeas corpus appeal. Then Davis has a federal habeas corpus appeal. Before it's over, Davis, now 54, probably will have died of boredom. Or from another opium overdose, like the one for which he was treated in 2006, despite the fact that he was inside San Quentin.

How did it take this long? Davis was sentenced to death in September 1996 for the 1993 crime. Then it took the California Supreme Court office that handles appellate attorneys until mid-2001 to appoint attorney Phillip Cherney to represent Davis. As I've reported before, five years is not an unusual hiatus.

Then it took Cherney until July 11, 2005, to file an opening brief. Producing the appeal took longer than prosecuting Davis.

After another four years of delay, and back and forth with California attorney general's office, voila, there was a hearing in this month.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Editorial; Government; US: California
KEYWORDS: cultureofcorruption; deathpenalty; donutwatch; lawyers; pollyklaas; richardallendavis; threestrikes
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1 posted on 03/12/2009 7:44:10 AM PDT by SmithL
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To: SmithL
It's an industry. There are states that have 10 - 20% of their annual budgets devoted to "Corrections".

It's like all Big Government thieving - if they fixed the problem, the taxpayers would start asking rude questions about where the money was going...

2 posted on 03/12/2009 7:45:54 AM PDT by an amused spectator (Obama: The Kenyan Anthony Fremont)
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To: SmithL

High time to execute this rotton POS.


3 posted on 03/12/2009 7:46:08 AM PDT by dforest
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To: SmithL

....turn him loose into the general population of the prison
He’ll never see a second appeal


4 posted on 03/12/2009 7:46:52 AM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: SmithL

I’m a bit surprised he hasn’t been “offed” by a fellow inmate.

Maybe they keep him out of the general population.


5 posted on 03/12/2009 7:47:04 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: SmithL

This is NOT “justice” folks. Carry out the SENTENCE!! Do it now!!


6 posted on 03/12/2009 7:47:13 AM PDT by brushcop (SFC Sallie, CPL Long, LTHarris, SSG Brown, PVT Simmons KIA OIF lll&V, they died for you, honor them)
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To: SmithL

Technology aside—they were a HELL of a lot smarter, especially in handling these matters, in 1896 than in 1996 (or 2009)


7 posted on 03/12/2009 7:52:51 AM PDT by Mac from Cleveland (How to make a small fortune in the Obama era--first, start off with a big fortune....)
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To: SmithL
Why do they seem so surprised? Appeals of this sort always drag on. The convicted/condemned must file appeals within (guessing here) 6 months. The attorney waits until the last possible day to file the appeal. Judgement upheld, he has 6 months to appeal to higher court, attorney waits until the last possible day to file the appeal etc etc etc.

Now, what they should do is something I actually read in "The Stand" (kudos to Stephen King), have a small group of retired judges to review Death Sentence appeals within 1 month's time, either upholding or denying. Result: A lot more rats would end up getting the hot shot a lot faster.

8 posted on 03/12/2009 7:53:15 AM PDT by theDentist (Qwerty ergo typo : I type, therefore I misspelll)
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To: indylindy

I truly amazes me that so much waste is spent on such a friggen lowlife who is not worthy to even walk on this planet. The lawyers should be ashamed at themselves for making capital punishment such a big deal ..where people think millions have been executed when in reality the current count is a mere 1,151 since the death penalty was reinstated in 1976.

Only 37 executed in all of 2008...

Only 3300, thirty three hundred cretins.... are currently on death row and you would think civilization is over...we are so cruel.

Compare that to all the violent murders.....victims really are the guilty ones for having the nerve to be in the wrong place at the wrong time. Sheesh.


9 posted on 03/12/2009 7:54:55 AM PDT by alisasny (Congratulations liberals... but a whole country has to be run..not just you few.)
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To: SmithL
...send him to (the state of)Texas, they have an "express lane" to Hell.
better yet, place him in a room w/ the (local) outraged citizens.

10 posted on 03/12/2009 7:55:33 AM PDT by skinkinthegrass (just b/c you're paranoid, doesn't mean "they" aren't out to get you.. :^)
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To: SmithL
Polly Klaas' killer has his day in court

This guy forfeited his right to respire. Nobody should be forced to inhale air that has passed through his lungs.

11 posted on 03/12/2009 8:15:11 AM PDT by snarks_when_bored
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To: SmithL

And people wonder why vigilantes are on the rise...

unbelievable pain and torture this family continues to endure while this scumbag is still breathing.


12 posted on 03/12/2009 8:20:19 AM PDT by surfer
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To: an amused spectator

Big Government- and Prison Guards Unions-thieving. I am all for the Texas Fast-Track myself. But dying of boredom will do in a pinch.


13 posted on 03/12/2009 8:25:48 AM PDT by bboop (obama, little o, not a Real God)
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To: alisasny

> Only 37 executed in all of 2008...

That’s only because Baze v. Rees wasn’t decided until last April. As a result of that Supreme Court ruling, there should be a huge increase of executions in the future as it should be the beginning of the end of the lethal injection lawsuits in federal courts.


14 posted on 03/12/2009 8:34:37 AM PDT by Revenge of Sith
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To: SmithL

The 12 year old girl who was murdered
15 posted on 03/12/2009 8:41:13 AM PDT by TurtleUp (Turtle up: cancel optional spending until 2012, and boycott TARP/stimulus companies forever!)
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To: SmithL

Richard Allen Davis is positively gifted at making everybody look bad.

The case against him was a slam-dunk, it was obvious that he was a vicious killer. As the jury was retiring to find him guilty, he flipped them off.

Afterward, a juror was asked about the case, and replied, “I was willing to give him the benefit of the doubt until he flipped us off, but then I knew he was guilty.”

ARRRGGHHH. YOU IDIOT!

One juror took a fair an impartial process and made it into a laughingstock, a joke. He decided the case of a vicious murderer who should have been convicted of murder, and turned it into a case of “Nobody flips me off! I’ll find him guilty!”

That juror needs to be publicly flogged, for contempt of court. With one brief statement, under other circumstances, a vicious murderer might have walked free, or at least have had a mistrial declared.


16 posted on 03/12/2009 9:29:27 AM PDT by yefragetuwrabrumuy
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To: WayneS

Any child killer or molester receives special protection. None of them go to gp.


17 posted on 03/12/2009 9:35:45 AM PDT by Luke21
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To: Luke21

Too bad.


18 posted on 03/12/2009 9:42:45 AM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: TurtleUp

What a beautiful human being. The scum who killed her needed to be shot in the head right away. Swift justice.


19 posted on 03/12/2009 10:30:47 AM PDT by deannadurbin
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To: deannadurbin

Those shredders of Saddam’s still kicking around somewhere?


20 posted on 03/12/2009 10:32:47 AM PDT by who knows what evil? (G-d saved more animals than people on the ark...www.siameserescue.org.)
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