Judge Denies Petition to Recall Death Sentence of Man Who Killed Polly Klaas in 1993

SAN JOSE, Calif. —A California judge on May 31 denied a petition to recall the death sentence against Richard Allen Davis, who in 1993 killed 12-year-old Polly Klaas after kidnapping her from her bedroom at knifepoint in a crime that shocked the nation. Jurors in 1996 found Mr. Davis guilty of first-degree murder and of the “special circumstances” of kidnapping, burglary, robbery and attempting a lewd act on a child. Mr. Davis was on parole at the time of the child’s abduction and killing and had an extensive kidnap and assault record going back to the 1970s. He was sentenced to death. Mr. Davis’ attorneys argued in a February court filing that his death sentence should be recalled because of recent changes to California sentencing laws that eliminate some sentencing enhancements. They also noted California’s current moratorium on the death penalty. In 2019, California Gov. Gavin Newsom placed a moratorium on executions, calling the death penalty “a failure” that has discriminated against defendants who are mentally ill, black and brown, or can’t afford expensive legal representation.” A future governor could change that policy....