The Riverside County District Attorney’s Office has voiced its opposition to the efforts spearheaded by the Office of the State Public Defender and the American Civil Liberties Union (ACLU) to declare the death penalty unconstitutional in California. This position was taken in response to the ongoing case, Office of the State Public Defender v. Bonta, which is currently under consideration by the California Supreme Court.
On May 6, 2024, a preliminary opposition to the petition put forth by the Office of the State Public Defender and ACLU was filed by the DA’s Office.
District Attorney Mike Hestrin expressed his view on this matter, stating, “The claims put forth by the Public Defender’s Office and ACLU regarding racial disparities in California's death penalty sentences are based on unreliable statistics and demonstrate a fundamental misunderstanding of our criminal justice system.” He added that their decisions are driven solely by facts and evidence pertaining to each case, without any racial bias.
Hestrin further stated that "the petitioners are disregarding both the California Constitution and victims' rights in their pursuit of a narrow agenda. We trust that the Supreme Court will swiftly reject this politically motivated abuse of judicial process."
The Riverside County District Attorney’s Office has pointed out over a dozen significant legal and factual flaws in this lawsuit, arguing that it is an attempt to bypass California voters' will. In 2016, Californian voters rejected Proposition 62 aiming to repeal death penalty while approving Proposition 66 introducing measures for expediting processing of death row cases.
If granted, this petition would nullify more than 600 death sentences handed down by juries and confirmed by judges across California. The Riverside County DA’s Office is requesting that the California Supreme Court deny this petition. As mentioned in their preliminary opposition: “There is nothing proper or legal about this petition. This court should put a stop to this improper political maneuver and misuse of judicial process.”
The Riverside County District Attorney's Office encourages the public and media to scrutinize this effort to declare the death penalty unconstitutional and support efforts that uphold the rule of law. The preliminary opposition filed by the DA’s Office, case number S284496, is available for media upon request.