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AG Becerra Joins Murderers to Preserve Execution Delay:  In court papers filed on Friday, March 1, California Attorney General Xavier Becerra has asked the federal court of appeals to reject a motion by the families of murder victims seeking to stay an illegal injunction that prevents the California Department of Corrections and Rehabilitation (CDCR) from making itself able to carry out executions of the state's worst murderers.  In January CJLF filed a petition in the Ninth Circuit Court of Appeals asking it  to vacate 24 illegal stays granted since 2006 by a federal district judge in San Francisco.  On February 19, CJLF  moved for a more limited order allowing the state to go forward with the preparation needed to be ready to carry out executions when the stays are lifted. In orders without precedent anywhere in the country, the district court has blocked CDCR from such routine activities as training the execution team and acquiring the needed drugs. "These orders are blatant violations of the Prison Litigation Reform Act," said CJLF's Legal Director Kent Scheidegger. "The Attorney General knows it and has briefed the law in the district court, yet he will not appeal and opposes the victims' and district attorneys' efforts to do something about it."

In the Attorney General's opposition, he argues that family members of murder victims are mere "bystanders" to the case and do not have enough of a "particularized interest" to support legal standing.

"Both federal law and the California Constitution recognize that victims of crime and the families of deceased victims are much more than 'bystanders' when it comes to the punishment of the perpetrators," Scheidegger said. "The Attorney General has abandoned his obligation to enforce the law by allowing these illegal stays to remain in place, and is now arguing to prevent the families of murder victims from taking action on their own," he added.

CJLF's petition is available here: http://www.cjlf.org/program/briefs/Alexander_Winchell_Petition.pdf

CJLF's motion for partial stay is available here: http://www.cjlf.org/program/briefs/Alexander_Winchell_StayMotion.pdf

The Attorney General's response is available here: http://www.cjlf.org/files/19-70232_StateOppStay.pdf

2 Comments

Since the AG of the state of California is pursuing neither:

(A) the desire of the Cali. Dept. of Correction; nor

(B) the desire of the family of the victim of the murder – as expressed by
them going to the extreme of producing a legal motion
--
one might wonder whose interests AG Becerra is pursuing.

In the AG of the state of California’s “Opposition to Motion”,
the only motive he reveals is to ensure that the execution
“comport(s) with the Eighth Amendment's prohibition on
cruel and unusual punishment”
.

Since not less than a Venezuelan marxist would believe this Maduro-like
fabrication, one might conclude that AG Becerra is a Machiavellian
supporter of the inviolable right of the murder to never face execution.

Would that AG Democrat Becerra would be at least as honest as Sen. Bernie Sanders and ‘jump the shark’, admitting that he holds the life of the murderer
as sacred as Sanders holds the cause of the Sandinista, and the Soviet.

I'm not so sure about (A).

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