Opinion: Santa Clara County DA Rosen’s flawed arguments to overturn murderers’ death sentences

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Opinion: Santa Clara County DA Rosen’s flawed arguments to overturn murderers’ death sentences
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Santa Clara County judge gives no weight to prosecutor’s opposition to capital punishment, but still grants his request.

Santa Clara County District Attorney Jeff Rosen is seeking to remove all South Bay capital prisoners from California’s death row.Bait and switch. That’s how Santa Clara County District Attorney Jeff Rosen got a judge to strike the death sentences of two murderers this month.

Reality did finally set in on Rosen, although it occurred only days before this month’s hearings. Then, for the first time in a surprise “supplemental” brief, Rosen began to pay lip service to the case-specific factors on which the law says sentence-reduction rulings must turn. The judge immediately fell into line, resting his rulings not on Rosen’s personal disapproval of the death penalty but on what Rosen offered up only as an afterthought: The judge reasoned that because the two murderers had grown weaker and more rule-compliant as they aged and would pose no “unreasonable risk of danger to public safety” as long as they are never actually released from prison, their death sentences should be nullified.

There surely will be times when it’s entirely appropriate to reduce a death sentence to life imprisonment, but such a ruling cannot sensibly be based on a circumstance present in virtually every case. When judges allow that to happen, they act not as judges but as scheduled for hearings through October, Rosen will continue to press his irrelevant views on the wisdom and morality of capital punishment.

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