“That the death penalty was sought against someone based on testimony that was known to be false is horrifying and shocks the conscience,” the judge said.
As soon as Samuel Bonner entered the Long Beach courtroom with his wrists chained to his waist, the judge made a simple, yet for Bonner, unprecedented, request: Could the bailiff please remove his shackles?It was the closest thing to freedom he had felt in 37 years. The hour or so that followed was just as remarkable for the man who always insisted he was innocent of murder.
At Bonner’s trial, the prosecutor at the time, Kurt Seifert, argued that Bonner was the gunman, despite a weak connection to the crime scene. The most conclusive link to Bonner came from the testimony of a key witness: A prolific jailhouse informant who claimed Bonner confessed to him that he shot Polk.
Bonner was convicted of murder and robbery, but the jury concluded that he was not the shooter, so Seifert dropped the death penalty. Prosecutors opposed on constitutional grounds, as they have done in many other cases, arguing in court papers that the new law improperly changes voter-approved crime-fighting initiatives, including a proposition that set stricter penalties for murder and another that expanded the definition of first-degree murder. They also argued that because it’s retroactive, the law improperly reopens judgments that were final.
Hayes testified that Bonner told him he stole money, but the evidence shows no money was taken. Hayes testified that Bonner told him he woke Polk up and shot him, but the evidence shows Allison and Polk had just entered the apartment. Hayes testified Bonner told him that he entered Polk’s home alone, but Allison’s fingerprints were found inside. Hayes testified that Bonner told him he’d shot Polk once, but Polk had been shot twice.
The district attorney’s office said there was no record that Seifert, whose deposition came eight years after he retired, communicated his concern to a supervisor. His deposition, conducted in Allison’s federal case in which the district attorney’s office wasn’t a party, did not trigger a review of Bonner’s case.
Judges who have vacated felony murder convictions in other cases have resentenced defendants for whatever underlying offense led to the killing, whether it be a robbery, assault or other crime. In one recent case, a 25-years-to-life sentence for murder was reduced to four years for the remaining assault with a firearm charge.
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