An Open Letter to Governor Schwarzenegger

By The Most Reverend Richard J. Garcia - Roman Catholic Bishop for the Diocese of Sacramento, CA

I urge you to grant executive clemency to Donald Jay Beardslee, who is scheduled to be killed by the state of California at 12:01 a.m., on January 19.

I base my appeal not only on specific points of law, but on our broader belief in the dignity of all human life.  The violent crimes for which Mr. Beardslee has been convicted are atrocious.  They are undoubtedly the source of excruciating pain for the victims' family and friends. 

But the answer to this pain is not more violence. In the U.S. Catholic Bishops' 1994 statement, "Confronting a Culture of Violence," the signers observed that "Increasingly, our society looks to violent measures to deal with some our most difficult social problems, including crime.  But violence is not the solution; it is the clearest sign of our failures."

We cannot teach that killing is wrong by killing; nor can we stop it.  There are many studies showing that crime is not deterred by capital punishment, thus executions are more about revenge than resolution.  We object not only to what the death penalty does to the offender, but what it does to us: it undermines our respect for life.

You have before you the Petition for Executive Clemency submitted on behalf of Donald 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.

You will learn that 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 him 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.

You will learn that although the jury requested information from the trial court about the punishments imposed on Mr. Beardslee's codefendants, 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.  But barring your clemency, the injustice of these disparities will result in the State of California taking Mr. Beardslee's life on January 19.

You will learn that Mr. Beardslee, far from seeking to avoid detection, confessed his involvement completely and walked the investigating officers
through every step of the crime.  After turning in all of the other participants, Mr. Beardslee also testified against them - obviously with no benefit to himself.

Finally, you will learn that the jury's decision to sentence Mr. Beardslee to death was based upon the mistaken belief that he would pose a danger to other inmates and guards if sentenced to Life Without Possibility of Parole.

Since his incarceration, Mr. Beardslee has been a model inmate. Comments by California Department of Corrections (CDC) staff describe his cooperative, helpful nature, extremely positive attitude, hard work, and dedication toward self-improvement. In his time at San Quentin Prison, Mr. Beardslee has maintained an exemplary record without a single rules violation in over twenty years of incarceration.

We recognize that one of your primary responsibilities is protecting the citizens of California from violent crime.  Commuting Mr. Beardslee's sentence to Life Without Possibility of Parole is not a sign of weakness, but a strong and unmistakable statement that our society chooses to protect itself without stooping to the crime for which Mr. Beardslee was convicted - premeditated murder.  As Governor, I urge you to exercise your right of executive clemency and save Mr. Beardslee's life. The right to take his life remains with God.

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The Power to Save a Life

by Most Reverend Gabino Zavala, Auxiliary Bishop of Los Angeles

Under California law, Governor Arnold Schwarzenegger has the power to perform an act of mercy by commuting a sentence of Death to Life in Prison Without Possibility of Parole. I urge him to exercise this power by granting executive clemency to Donald Jay Beardslee, who is scheduled to be killed by the state of California at 12:01 a.m. on January 19.

I base my appeal not only on specific points of law, but on the broader belief in the dignity of all human life.  The violent crimes for which Mr. Beardslee has been convicted are atrocious.  They are undoubtedly the source of excruciating pain for the victims family and friends. 

But the answer to this pain is not more violence. In the U.S. Bishops1994 statement, Confronting a Culture of Violence, the Bishops observed that increasingly, our society looks to violent measures to deal with some of our most difficult social problems, [including] crime.  But violence is not the solution; it is the clearest sign of our failures. 

The death penalty only contributes to this culture of violence.  We cannot teach that killing is wrong by killing; nor can we stop killing by killing.  It does not make it less violent because it is done in the name of the state.   There are many studies showing that crime is not deterred by capital punishment, thus executions are more about revenge than resolution.  We object not only to what the death penalty does to the offender, but what it does to us: it undermines our respect for life.  It diminishes us as a people.

The Governor has before him the Petition for Executive Clemency submitted on behalf of Donald Beardslee. I urge the Governor 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.

Mr. Schwarzenegger will learn that 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 him 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.

The Governor will learn that 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.  But barring the Governors clemency, the injustice of these disparities will result in the State of California taking Mr. Beardslee’s life on January 19.

The Governor will learn that Mr. Beardslee, far from seeking to avoid detection, confessed his involvement completely and walked the investigating officers through every step of the crime.  After turning in all of the other participants, Mr. Beardslee also testified against them obviously with no benefit to himself.

Finally, Governor Schwarzenegger will learn that the jury's decision to sentence Mr. Beardslee to death was based upon the mistaken belief that he would pose a danger to other inmates and guards if sentenced to Life Without Possibility of Parole.   Since his incarceration, Mr. Beardslee has been a model inmate. Comments by California Department of Corrections (CDC) staff describe his cooperative, helpful nature, extremely positive attitude, hard work, and dedication toward self-improvement. In his time at San Quentin Prison, Mr. Beardslee has maintained an exemplary record without a single rules violation in over twenty years of incarceration.

We recognize that one of the Governors primary responsibilities is protecting the citizens of California from violent crime.  Commuting Mr. Beardslee’s sentence to Life Without Possibility of Parole is not a sign of weakness, but a strong and unmistakable statement that our society chooses to protect itself without stooping to the crime for which Mr. Beardslee was convicted premeditated murder.  As Governor, I urge Mr. Schwarzenegger to exercise his right of executive clemency and save Mr. Beardslee’s life. The right to take his life remains with God.