APPEAL TO SAVE THE LIFE OF DONALD BEARDSLEE - CALIFORNIA -

death row (execution date scheduled, Jan 19th 2004)
 

Donald Beardslee Should be Granted Clemency!  

Donald Jay Beardslee, a California death row inmate, has been scheduled to be killed by the government of California on January 19, 2005 at 12:01 a.m. Legal, political, community, religious and social justice leaders, activists and individuals are working to convince Governor Schwarzenegger to exercise his constitutionally-mandated power of clemency and commute Mr. Beardslee's sentence.

 

The following points are offered to help exert pressure on public officials, the media, and other decision makers:  

1) No government killing should be carried out in California while the California Commission on the Fair Administration of Justice (established by the Senate Rules Committee of the California Legislature) investigates the fairness and effectiveness of the state's death penalty. Creation of the Justice Commission follows a series of reports and developments drawing attention to serious flaws in California’s criminal justice system in general, and its death penalty system in particular. The Commission is mandated to study and review the administration of criminal justice in California to determine the extent to which that process has failed in the past, resulting in wrongful executions or the wrongful conviction of innocent persons. The Commission is to submit its findings and recommendations to the legislature and the governor by December 31, 2007.  

2) The jury in Mr. Beardslee's case was unaware of the extent to which his actions were controlled by severe brain damage that has impaired his functioning since birth. This brain damage was exacerbated by a head-on car crash in 1961, and a falling tree which struck Mr. Beardslee in the head in 1968. Mr. Beardslee's capital penalty phase jury never saw the reports nor heard conclusions drawn by the various physicians who examined him that speak to his major mental illness and the existence of brain damage. If they had, most legal experts believe that Mr. Beardslee never would have been sentenced to death.

 

3) The trial court refused to provide information requested by the jury showing that Mr. Beardslee's three co-defendants who initiated and directed the crimes were either not charged, successfully plea bargained for a lesser sentence, or received a life sentence. Mr. Bearslee's role in the crimes, especially when compared to those of his co-participants and when taking into consideration his limited mental functioning, does not warrant the ultimate punishment.  

4) The jury's decision to sentence Mr. Beardslee to death was based upon the mistaken belief that he would pose a danger if sentenced to Life Without Possibility of Parole. Since his incarceration, however, Mr. Beardslee has been a model inmate. Comments by CDC correctional staff in reports describe his cooperative, helpful nature, extremely positive attitude, hard work, and dedication toward self-improvement. Granting clemency to death row inmates who have minimized the danger to those working at San Quentin, and who promote respect for authority and compliance with rules, increases the safety and security of institutional staff and other inmates.  

5) Trying to show that killing is wrong by killing is fruitless. We as a society should be better and smarter than our worst instincts for revenge. Granting clemency to Mr. Beardslee is not a sign of weakness, but a strong and unmistakable statement that our society can choose to protect itself without sanctioning state killing.  

For more information on Beardslee’s case go to: Death Penalty Focus – www.deathpenalty.org – 415-243-0143

 

 

 

SAMPLE LETTER TO THE GOVERNOR (PLEASE MODIFY AS YOU WISH):

 

Dear Governor Schwarzenegger:

 

    I have great sympathy for the victims of violence, and admiration for those who rise above humanity's basest instinct for revenge to respond to violence with wisdom and compassion.  You have before you the Petition for Executive Clemency in the case of Donald Jay Beardslee. I urge you to read it carefully.  It contains not only the tragic circumstances of two people who lost their lives, but also the tragic story of how Donald Beardslee's fate became intertwined with theirs. 

 

    I'm writing to ask you to commute Mr. Beardslee's sentence of death to one of Life Without Possibility of Parole.  I base my request on three compelling reasons:

   

1) The jury in Mr. Beardslee's case was unaware of the extent to which his actions were controlled by severe brain damage that has impaired his functioning since birth. This brain damage was exacerbated by a head-on car crash in 1961, and a falling tree which struck Mr. Beardslee in the head in 1968.  Mr. Beardslee's capital penalty phase jury never saw the reports nor heard conclusions drawn by the various physicians who examined Donald that speak to his major mental illness and the existence of brain damage.  These reports are summarized and cited in the Petition for Executive Clemency.

 

2) Although the jury requested information from the trial court about the punishments imposed on Mr. Beardslee's co-defendants, the court refused to provide information showing that the three co-defendants who initiated and directed the crimes were either not charged, successfully plea bargained for a lesser sentence, or received a life sentence.  Mr. Beardslee’s role in the crimes, especially when compared to those of the co-participants and when taking into consideration his limited mental functioning, does not warrant the ultimate punishment. 

 

3).The jury's decision to sentence Mr. Beardslee to death was based upon the mistaken belief that he would pose a danger if sentenced to Life Without Possibility of Parole.  Since his incarceration, however, Mr. Beardslee has been a model inmate.  Comments by CDC correctional staff in reports describe his cooperative, helpful nature, extremely positive attitude, hard work, and dedication toward self-improvement. 

 

A sentence of Life Without Possibility of Parole is not a sign of weakness.  It is a strong and unmistakable statement that our society can choose to protect itself without stooping to the crime for which Mr. Beardslee was convicted -- premeditated murder.  Teaching that killing is wrong by killing never made much sense to me.  We are better than that.  We have to be. 

 

Sincerely,

 

Name

Address

 

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Death Penalty Focus
870 Market St.  Ste. 859  San Francisco, CA 94102
Tel. 415-243-0143 -  Fax 415-243-0994 - www.deathpenalty.org

1) A SAMPLE LETTER to Governor Schwarzenegger asking him to grant clemency to Donald Beardslee is now available on our website. http://www.deathpenalty.org/index.php?pid=Executions  Please help us flood the Governor's office with letters and calls!

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633
To send an Email, please visit: http://www.govmail.ca.gov

2) A FACT SHEET on Donald Beardslee's case is now available on our website: http://www.deathpenalty.org/index.php?pid=Executions