Newsom Commutes All 548 California Death Sentences, 382 Need State Supreme Court Sign-Off as DAs Vow Legal Fight

Since Gov. Gavin Newsom announced on Thursday, Nov. 5, that he was commuting all 548 death sentences in California, the fight has shifted from the governor's office to prosecutors, victims' groups and the state's highest court.

The order converts every sentence to life in prison without parole. The Death Penalty Information Center calls it the largest mass clemency in American history and says it cuts the nation's death row population by nearly 30%, to roughly 1,388 people, the lowest number since 1984.

What the order does and does not do

The commutations do not repeal the death penalty. Prosecutors can still seek it in new cases, and only voters can abolish it.

The state constitution bars a governor from commuting the sentence of anyone with more than one felony conviction unless the California Supreme Court approves. That covers 382 of the 548 cases, according to the governor's office. At least four justices must sign off on those. The other 166 take effect without court review.

Newsom wrote in an open letter that "state-sanctioned killing is incompatible with California's values, undermines the foundations of our legal system, and diminishes all of us." He imposed a moratorium on executions two months into his first term in 2019 and moved to dismantle the death row at San Quentin in 2022. California has not executed anyone in about 20 years.

The Death Penalty Information Center estimates California has spent about $6 billion on capital punishment since 1978 and carried out 13 executions in that time.

Newsom is weighing a 2028 presidential run and leaves office when his term ends. The announcement came days after the election.

Prosecutors push back

At least a dozen district attorneys have publicly condemned the order. The California District Attorneys Association called it "a profound disregard for the decisions of juries and judges, the rights of crime victims and the repeatedly expressed will of California voters."

"With the stroke of a pen, Governor Newsom has disregarded the decisions of hundreds of jurors and judges," said association president Jeannine Pacioni, who is also the Monterey County District Attorney. CEO Greg Totten said clemency "was never intended to serve as a substitute for the legislative process."

The association says prosecutors and victims' families got no meaningful advance notice. San Bernardino County District Attorney Jason Anderson cited Marsy's Law, California's victims' rights amendment. He said he knows of no victim's family that was notified by the governor.

Orange County District Attorney Todd Spitzer called the commutations "mercy for the wolves" and said he will keep pursuing death sentences. San Mateo County District Attorney Stephen Wagstaffe, whose office is seeking death against the man accused of killing seven farmworkers at a Half Moon Bay mushroom farm in 2023, said he was "disgusted." He called the order "contrary to two separate votes of the people of California."

Sacramento County District Attorney Thien Ho said, "Justice requires case-by-case consideration, not one-size-fits-all decisions."

Spitzer also tied the order to parole regulations the Board of Parole Hearings put in place on Oct. 1. He argues those rules make thousands of people serving life without parole eligible for parole, so the commutations put death row inmates "one step closer" to release. Newsom's office says the affected prisoners will stay in prison and are not eligible for release.

Victims' families are split

Victims' families do not speak with one voice. Jess Nichol, sister of 12-year-old Polly Klaas, supports the order. Richard Allen Davis, who killed Klaas in 1993, is among those covered. Nichol said she once believed he deserved execution but concluded that whether he is executed "has absolutely nothing to do with my recovery or with real public safety." Fifty murder victims' family members signed a letter days earlier urging Newsom to grant universal clemency.

Other families and crime victim groups oppose the order. Anderson pointed to the Kevin Cooper case. He said survivor Josh Ryen and Mary Ann Hughes, whose son Chris was killed, were never contacted. Crime Survivors and the Criminal Justice Legal Foundation have also objected, and a victims' advocacy group plans to challenge the order, according to CalMatters.

The ACLU praised the move. Executive director Anthony Romero said the commutations reflect "what justice demands: an end to a racist, error-prone, and inhumane punishment."

The order covers some of the state's most notorious inmates, including Randy Kraft, Charles Ng and Davis. Many of their cases are among the 382 awaiting court review.

What comes next

No court date for the Supreme Court review has been announced. The justices have not said how they will handle 382 individual commutations or whether they will take them up together.

Prosecutors say they are looking for ways to block the order before it takes effect, and a victims' group is preparing its own challenge. The open question is whether a court will accept a mass commutation of this size, or require the case-by-case review the district attorneys are demanding.