Schwarzenegger denies clemency for Tookie Williams

[82Rigger]

Here is the complete statement by Gov. Arnold Schwarzenegger denying clemency for Stanley Tookie Williams.

Stanley Williams has been convicted of brutally murdering four people during two separate armed robberies in February and March 1979. A California jury sentenced him to death, and he is scheduled for execution on December 13, 2005.

During the early morning hours of February 28, 1979, Williams and three others went on a robbery spree. Around 4 a.m., they entered a 7-Eleven store where Albert Owens was working by himself. Here, Williams, armed with his pump-action shotgun, ordered Owens to a back room and shot him twice in the back while he lay face down on the floor. Williams and his accomplices made off with about $120 from the store's cash register. After leaving the 7-Eleven store, Williams told the others that he killed Albert Owens because he did not want any witnesses. Later that morning, Williams recounted shooting Albert Owens, saying "You should have heard the way he sounded when I shot him." Williams then made a growling noise and laughed for five to six minutes.

On March 11, 1979, less than two weeks later, Williams, again armed with his shotgun, robbed a family operated motel and shot and killed three members of the family: the father, Yen-I Yang, who was shot once in the torso and once in the arm while he was laying on a sofa; the mother, Tsai-Shai Lin, who was shot once in the abdomen and once in the back; and the daughter, Yee-Chen Lin, who was shot once in her face. For these murders, Williams made away with approximately $100 in cash. Williams also told others about the details of these murders and referred to the victims as "Buddha-heads."

Now, his appeals exhausted, Williams seeks mercy in the form of a petition for clemency. He claims that he deserves clemency because he has undergone a personal transformation and is redeemed, and because there were problems with his trial that undermine the fairness of the jury's verdict.

Williams' case has been thoroughly reviewed in the 24 years since his convictions and death sentence. In addition to his direct appeal to the California Supreme Court, Williams has filed five state habeas corpus petitions, each of which has been rejected. The federal courts have also reviewed his convictions and death sentence. Williams filed a federal habeas corpus petition, and the U.S. District Court denied it. The Ninth Circuit Court of Appeals confirmed this decision. Williams was also given a number of post-trial evidentiary hearings, and he and his lawyers had the opportunity at these hearings to present evidence that was not heard at trial. The jury's decision has withstood these challenges.

In all, Williams' case has been the subject of at least eight substantive judicial opinions. Prior to the filing of the clemency petition, the state court habeas process was completed on June 21, 1995, when the California Supreme Court denied Williams' fourth state habeas corpus petition. The federal court habeas process was completed on October 11, 2005, when the United States Supreme Court denied Williams' writ of certiorari.

The claim that Williams received an unfair trial was the subject of this extensive litigation in the state and federal courts. The courts considered the sufficiency of his counsel, the strategic nature of counsel's decisions during the penalty phase of Williams' trial, the adequacy and reliability of testimony from informants, whether Williams was prejudiced by security measures employed during his trial, whether he was competent to stand trial, whether the prosecutor impermissibly challenged potential jurors on the basis of race, and whether his jury was improperly influenced by Williams' threats made against them. There is no need to rehash or second guess the myriad findings of the courts over 24 years of litigation.

The possible irregularities in Williams' trial have been thoroughly and carefully reviewed by the courts, and there is no reason to disturb the judicial decisions that uphold the jury's decisions that he is guilty of these four murders and should pay with his life.

The basis of Williams' clemency request is not innocence. Rather, the basis of the request is the "personal redemption Stanley Williams has experienced and the positive impact of the message he sends" (quoting Williams' own clemency reply). But Williams' claim of innocence remains a key factor to evaluating his claim of personal redemption. It is impossible to separate Williams' claim of innocence from his claim of redemption.

Cumulatively, the evidence demonstrating Williams is guilty of these murders is strong and compelling. It includes: (1) eyewitness testimony of Alfred Coward, who was one of Williams' accomplices in the 7-Eleven shooting; (2) ballistics evidence proving that the shotgun casing found at the scene of the motel murders was fired from Williams' shotgun; (3) testimony from Samuel Coleman that Williams confessed that he had robbed and killed some people on Vermont Street (where the motel was located); (4) testimony from James and Esther Garrett that Williams admitted to them that he committed both sets of murders; and (5) testimony from jailhouse informant George Oglesby that Williams confessed to the motel murders and conspired with Oglesby to escape from county jail.

The trial evidence is bolstered by information from Tony Sims, who has admitted to being an accomplice in the 7-Eleven murder. Sims did not testify against Williams at trial, but he was later convicted of murder for his role in Albert Owens' death. During his trial and subsequent parole hearings, Sims has repeatedly stated under oath that Williams was the shooter.

Based on the cumulative weight of the evidence, there is no reason to second guess the jury's decision of guilt or raise significant doubts or serious reservations about Williams' convictions and death sentence. He murdered Albert Owens and Yen-I Yang, Yee-Chen Lin and Tsai-Shai Lin in cold blood in two separate incidents that were just weeks apart.

But Williams claims that he is particularly deserving of clemency because he has reformed and been redeemed for his violent past. Williams' claim of redemption triggers an inquiry into his atonement for all his transgressions. Williams protests that he has no reason to apologize for these murders because he did not commit them. But he is guilty, and a close look at Williams' post-arrest and post-conviction conduct tells a story that is different from redemption.

After Williams was arrested for these crimes, and while he was awaiting trial, he conspired to escape from custody by blowing up a jail transportation bus and killing the deputies guarding the bus. There are detailed escape plans in Williams' own handwriting. Williams never executed this plan, but his co-conspirator implicated Williams in the scheme. The fact that Williams conspired to murder several others to effectuate his escape from jail while awaiting his murder trial is consistent with guilt, not innocence. And the timing of the motel murders - less than two weeks after the murder of Albert Owens - shows a callous disregard for human life.

Williams has written books that instruct readers to avoid the gang lifestyle and to stay out of prison. In 1996, a Tookie Speaks Out Against Gang Violence children's book series was published. In 1998, "Life in Prison" was published. In 2004, Williams published a memoir entitled "Blue Rage, Black Redemption." He has also recently (since 1995) tried to preach a message of gang avoidance and peacemaking, including a protocol for street peace to be used by opposing gangs.

It is hard to assess the effect of such efforts in concrete terms, but the continued pervasiveness of gang violence leads one to question the efficacy of Williams' message. Williams co-founded the Crips, a notorious street gang that has contributed and continues to contribute to predatory and exploitative violence.

The dedication of Williams' book "Life in Prison" casts significant doubt on his personal redemption. This book was published in 1998, several years after Williams' claimed redemptive experience. Specifically, the book is dedicated to "Nelson Mandela, Angela Davis, Malcolm X, Assata Shakur, Geronimo Ji Jaga Pratt, Ramona Africa, John Africa, Leonard Peltier, Dhoruba Al-Mujahid, George Jackson, Mumia Abu-Jamal and the countless other men, women and youths who have to endure the hellish oppression of living behind bars." The mix of individuals on this list is curious. Most have violent pasts and some have been convicted of committing heinous murders, including the killing of law enforcement. But the inclusion of George Jackson (a militant activist who founded the Black Guerilla Family prison gang and was charged with the murder of a San Quentin prison guard) on this list defies reason and is a significant indicator that Williams is not reformed and that he still sees violence and lawlessness as a legitimate means to address societal problems.

There is also little mention or atonement in his writings and his plea for clemency of the countless murders committed by the Crips following the lifestyle Williams once espoused. The senseless killing that has ruined many families, particularly in African-American communities, in the name of the Crips and gang warfare is a tragedy of our modern culture. One would expect more explicit and direct reference to this byproduct of his former lifestyle in Williams' writings and apology for this tragedy, but it exists only through innuendo and inference.

Is Williams' redemption complete and sincere, or is it just a hollow promise? Stanley Williams insists he is innocent, and that he will not and should not apologize or otherwise atone for the murders of the four victims in this case. Without an apology and atonement for these senseless and brutal killings there can be no redemption. In this case, the one thing that would be the clearest indication of complete remorse and full redemption is the one thing Williams will not do.

Clemency decisions are always difficult, and this one is no exception. After reviewing and weighing the showing Williams has made in support of his clemency request, there is nothing that compels me to nullify the jury's decision of guilt and sentence and the many court decisions during the last 24 years upholding the jury's decision with a grant of clemency.

Therefore, based on the totality of circumstances in this case, Williams' request for clemency is denied .

[SuperScout]

Glad the governor ignored all the Hollywood ballyhoo, the Jesse Jacksons, and demonstrated that he still has a spine.

[39mto39g]

I beleive that was harder than granting him clemency , although it was the right thing to do, it also was unpopular thing to do as far as some movie stars go, And lets face it, arnold isn't a polotition hes a movie star. That took guts Arnold, But then he never was a girly man. The next few days in Cal should be interesting, ROAD TRIP!!!!!

Ron

[frisco-kid]

The guy was a cold blooded killer then, and he's still one now. I don't care how much lipstick you put on a pig, it's still a pig. He has never once apologized to the families of the victims, or shown any other form of remorse. In fact, he has never acknowledged his guilt even though the case has been scrutinized through several appeals. The verdict has stood through all of them.

He asks for clemency from the courts and the governor. Did his victim's plead for their lives? If they did, their pleads fell on deaf ears and a cold heart. This pus pocket on society has breathed oxygen for 24 more years than his victims did. This system makes me sick. One of the big arguements used by people against capital punishment is that it costs more to execute than to support them for life. Well, it sure as hell isn't the cost of the drugs used to kill the vermin. It's the big bucks that the attorneys get to drag this process out for 24yrs.. Another one is that it's nothing more than revenge. And your point is....? If the victim was one of my immediate family, I'd be asking if I could push the plunger.

I knew from the get-go that Arnold wasn't going to let this guy off the hook. A death row inmate hasn't been given a pardon in CA since Reagan in '67. After aboloshing the death penalty for several years, it was re-enstated by a landslide of votes. Don't believe for a minute that the bleeding hearts of Hollywood speaks for the people of CA. Poll after poll shows that 65% of Californians are in favor of the death penalty. So, Arnold took the easy way by bucking the bleeding hearts instead of the majority of his constituents. Any politician that comes out openly against capital punishment in CA is commiting political suicide.

So long, Tookie! You better hope that what ever god you believe in feels that you've been redeemed.

Sorry someone has to put to death, but this man killed 4 people in cold blood, the sentence must be carried out.

[39mto39g]

Had a story on him this morning but never said he was put to death,? They tell a story like I spell.

Now the state of California should take all his money for his books and have his family pay for his last 25 years living at Cal. Taxpayers expence.

I would have never asked him if he did it, I could care less if he has a clear consceous or not. The courts tried him the jurys convicted him, he should have been kill long ago.

Ron

[SparrowHawk62]

This scum was the founder of the Crypts, if for no other reason that's good enough to earn him a state owned needle in the arm.
This boys club he founded is responsible for a number of untold crimes.
He murdered and showed no remorse, none should have ever been shown to him. He is far from a martyr, yet his execution will be hailed by the street slugs as an injustice committed by a system of white men. Jackson will stand in the fore front of the fight and the poor down trodden will follow shouting his praise.
The problems in the prison system will just get worse at this point, the Bloods have scored a major victory that was not of there doing. There will be hell to pay on both sides and more innocent lives lost in the battle.
The gang problem is out of control, and this surely will add to the frustration of controlling a bad situation.
The Governator did the right thing, showed backbone when the easy thing would have been to let this garbage continue to rot in a prison cell.

[39mto39g]

Let them start rioting, Then let me be in charge, Pass out the machine guns boys, were going hunting, Shoot the media first and say it was the rioters, then call for a free fire zone, LA, San Fan, etc. We win. The end.

Ron

[SparrowHawk62]

Originally posted by 39mto39g Let them start rioting, Then let me be in charge, Pass out the machine guns boys, were going hunting, Shoot the media first and say it was the rioters, then call for a free fire zone, LA, San Fan, etc. We win. The end. Ron

No, I think the answer you have proposed would not work. Riots through out the Prison System would cause nothing but civil unrest. Riots would burst out in every city across the nation. Every fraction of the Crypts would conduct war not only against rival gangs but the population as a whole.
A civil war held in the impoverished streets would spread into the cities and then the outer lying areas.
The thousands of Corrections Officers, would be come over whelmed. At this point who do we call in? The thinning and worn out National Guard?
This would not be a battle easily won. The restricted populace with little or no way to defend themselves would become easy prey. The police forces, diversified by affirmative action would split among the ranks. Bedlam would be the call of the day.
Your answer would become a battle cry to the few. Folks fed up with the failing "Corrections System", the lack of Justice and the Injustice(s) committed against the innocent. A scream to the Veterans who have long been over looked by a government fit only on benefiting it's own entrenched cronies.
Brother, again I'll stand shoulder to shoulder with you, to fight a cause and live in freedom.
Granted suppression of the media should be enforced, yet as we see with the war we having been fighting this will not be easy to do.
An answer is to let cooler heads prevail, to stop looking into the crystal ball of doom and despair.

[39mto39g]

If your on the trigger side of a M-60 theres no doom and despair for you.
The only problem that I can see with what I said is that first people just think its a joke and then they think you wont do it. Let me be incharge, I asure you it wouldn't be a joke and I would be the first to pull the trigger. The bobies could be stacked in the street for the next of kin to come get.
F-um

Ron