The Case for Clemency for Donald Beardslee

1. Experts conclude Mr. Beardslee suffers from severe brain damage. Dr. Ruben Gur, Director of Neuropsychology and the Brain Behavior Laboratory at the University of Pennsylvania, found that the right hemisphere of Mr. Beardslee’s brain is virtually non-functioning.

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. 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.

A closer look at executions in California and the United States

1. The Death Penalty is flawed. More than 150 people have been exonerated after discovering innumerable flaws in their cases including: the lack of standardized, independent DNA testing; lack of state-wide qualifications, education and training of judges and lawyers handling capital cases, and the lack of training for homicide detectives and lawyers regarding the unreliability of ‘jailhouse snitches.’

2. California is one of many states questioning its death penalty. Last year both New York and Kansas declared the death penalty unconstitutional. Eight other states including California are currently investigating the death penalty for flaws that lead to the miscarriage of justice. Findings from studies of the death penalty in three additional states are currently pending. Illinois declared a moratorium on the death penalty. And 12 states do not have a death penalty.

3. The U.S. Supreme Court ruled the ‘mentally retarded’ cannot be executed. In 2002, the Supreme Court issued a landmark ruling in Atkins v. Virginia holding that it is unconstitutional to execute defendants with mental retardation. While the Atkins ruling does not apply specifically to the kind of brain damage suffered by Donald Beardslee, the principle is the same – a person with serious brain incapacity, who has been diagnosed in various reports throughout his life should not be eligible for the death penalty.

4. The California Commission on the Fair Administration of Justice was created to combat mistakes in death penalty convictions. Numerous reports and studies have identified more than 80 flaws in the state’s system.
- Two recent cases of wrongful conviction in California involved Harold Hall, released last week after serving 19 years for a double murder that he did not commit, and Thomas Lee Goldstein, who served 24 years before he was able to prove his innocence. Both men were convicted in Los Angeles County and both convictions were based, in part, on unreliable testimony from informants.
- Last year the Ninth Circuit Court of Appeals granted Kevin Cooper a last minute stay in California based on possible innocence.

5. Since 1976, 227 death row inmates have been granted clemency for humanitarian reasons. Humanitarian reasons include doubts about the defendant's guilt or conclusions of the governor regarding the death penalty process. Ronald Reagan was the last California governor to grant clemency in 1967.

6. Gov. Arnold Schwarzenegger can decide the fate of Donald Beardslee. California is one of 14 states in which the Governor has sole authority to grant clemency.