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State's death penalty: a hollow promise?
‘The death penalty in California doesn’t really exist,’ one victim’s father says of a system that has been declared dysfunctional by a state commission

Sunday, April 25, 2010 at 12:04 a.m
<snipped>
In the three decades since the death penalty was reinstated, 86 condemned inmates have died in California. Thirteen were executions. Death-row prisoners are far more likely to succumb to natural causes. That&#8217;s what claimed 50 of them. Suicide is more common, too.

The first state-conducted execution in California was in 1893, and for the next seven decades, there was at least one a year &#8212; and as many as 17. In the 32 years leading up to the state Supreme Court declaring the death penalty unconstitutional in 1972, there were 187 executions.

In the 32 years since the state reinstituted the death penalty: 13. And never more than two in any year. The last was Clarence Ray Allen. He was convicted of ordering the murders of three people in Fresno and received his death sentence in 1982, but wasn&#8217;t executed until January 2006. On one of his last appeals, Allen, then 76, argued that his long stay on death row amounted to &#8220;cruel and unusual punishment&#8221; in violation of the Eighth Amendment.

That wasn&#8217;t a new argument. When the state Supreme Court outlawed executions in 1972, it lamented the &#8220;cruel and unusual&#8221; nature of forcing inmates to wait so long to be executed. The average wait then? About eight years.

*Much more at link!

The execution chamber and lethal-injection table at San Quentin State Prison. 1996 file photo
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Male inmates awaiting execution in California are housed at San Quentin State Prison, where Capt. K.J. Williams once ran death row.
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Article:
http://www.signonsandiego.com/news/2010/apr/25/hollow-promise/
 
Victim's Parents: Death Penalty 'Empty Promise'
Apr 25, 2010 3:40 pm US/Pacific
<snipped>
The Kings join a growing list of victims' families, law enforcement officials and other capital punishment proponents who have grown disillusioned with California's death penalty. The decision to forego capital punishment for registered sex offender John Gardner, who this month admitted killing Chelsea King and another teen girl, has once again thrust the gridlocked system into the spotlight.

Five more inmates joined California's death row this year, pushing the population past a record 700 inmates, by far the nation's largest. Florida is second with 394 inmates on death row, and Texas is third with 333, but both of those states regularly carry out executions.

Legal challenges over how lethal injections are administered to condemned prisoners in California have halted executions in the state since Clarence Ray Allen was put to death Jan. 17, 2006. The lawsuits are far from being resolved, and most observers believe it could be years before another execution takes place at San Quentin Prison. Even before the suspension, only 13 condemned inmates have been executed from the time capital punishment resumed in the state in 1977 until February 2006, when U.S. District Court Jeremy Fogel halted executions until prison officials revamped their lethal injection process.

After a lengthy regulatory review, the Department of Corrections is expected to issue the long-awaited new protocols this week. Still, state and federal judges must approve the new regulations before executions can resume -- and lawyers challenging the death penalty promise to vigorously attack the new protocols as inadequate

*Much More At Link!!

Article:
http://cbs13.com/local/california.death.penalty.2.1655719.html
 
John Gardner issues apology to families of victims
Posted: Apr 26, 2010 12:33 AM EDT
Updated: Apr 26, 2010 9:37 AM EDT
<snipped>
Gardner's first public statement since the murders was given to News 8 by a source who asked not to be identified by name. The statement also includes important new information in the case.

The statement reads:
"I'm sorry. I wish I could take it back. I know that it doesn't mean anything to anybody but I really am sorry for everything. I wish that I was able to get help when I tried to get help. I tried to seek out help and was not able to get any."

The source also tells News 8, days before the murder of Poway teenager Chelsea King, Gardner tried to admit himself into a mental hospital but was denied. News 8 has been unable to confirm whether Gardner actually tried to enter a mental hospital. He was a registered sex offender in Riverside County at the time.

Chelsea's parents, Brent and Kelly King, declined through a spokesperson to comment on Gardner's apology.

On his attorney's advice, the father of Gardner's other victim, 14-year-old Amber Dubois, also declined to respond. Amber's mother did offer a short response. "To me it's just words. There's no meaning behind it," said Carrie McGonigle. "It doesn't bring Chelsea or Amber home or back to us."


Video: Gardner apologizes to Amber and Chelsea's families 2:27
http://www.760kfmb.com/global/video...ormat=flv&clipId1=4734739&at1=News&h1=Gardner apologizes to Amber and Chelsea's families&flvUri=&partnerclipid=

Video: John Gardner issues apology to families of his victims 1:50
http://www.760kfmb.com/global/video...ipFormat=flv&clipId1=4733551&at1=News&h1=John Gardner issues apology to families of his victims&flvUri=&partnerclipid=

Video: Gardner apologizes ahead of hearing to release search warrants 2:22
http://www.760kfmb.com/global/video...ormat=flv&clipId1=4732829&at1=News&h1=Gardner apologizes ahead of hearing to release search warrants&flvUri=&partnerclipid=

Article:
http://www.760kfmb.com/Global/story.asp?S=12373080
 
Reports Reveal John Gardner's Apology
POSTED: 9:49 pm PDT April 25, 2010
UPDATED: 4:37 am PDT April 26, 2010
<snipped>
Published reports reveal John Gardner's own words apologizing for what he did. "I'm sorry. I wish I could take it back. I know that it doesn't mean anything to anybody, but I really am sorry for everything. I wish that I was able to get help when I tried to get help. I tried to seek out help and was not able to get any."

According to the report, Carrie McGonigle, mother of murdered teen Amber Dubois, responded by saying, "Those are just words. Words are cheap. They don't bring Amber and Chelsea back."

Psychiatrist Michael Mantell works with the San Diego Police Department and said the apology is not genuine. "The fact is, he's blaming the fact he didn't get help, and I don't think that's necessarily remorse."

Dr. Mantell also said that it is clear Gardner is still too self-absorbed to see the true impact of his actions. Dr. Mantell pointed out that Gardner did not mention his victims in the apology. "I'm sure life in prison causes him to think about what's happening and to say 'gee I wish I would have gotten help.' it's not the same as real remorse for what he did to these human beings."


Video: Prison Official: Gardner May Be At Risk In Prison
http://www.10news.com/video/23202182/index.html

Video: Gardner Could Face More Charges With New Info
http://www.10news.com/video/23201934/index.html

Article:
http://www.10news.com/news/23262393/detail.html
 
'I Just Want to Know'
Updated 8:46 AM PDT, Mon, Apr 26, 2010
<snipped>
McGonigle laid out several questions for her daughter's murderer. Among others: Why did he choose Amber? Did he have previous contact with her? How did he get Amber into his vehicle?

McGonigle also told the paper that she and her ex-husband, Maurice "Moe" Dubois, still don't understand exactly why Gardner led police to the site of their daughter's body. District Attorney Bonnie Dumanis said, after Gardner's plea deal was announced, that the killer had been moved by a statement Dubois made after Chelsea's death. "Why then?" McGonigle told the paper. "He had to have seen us on TV pleading and begging for information all year. Why when he was in jail did he suddenly have a guilty conscious? Was it just that he was sober because he was incarcerated?"

They are questions that, for now, go unanswered.

McGonigle said she plans to play a video of Amber at Gardner's sentencing in June. Under the terms of the plea deal, Gardner would receive a sentence of life in prison without the possibility of parole.


Article:
http://www.nbcsandiego.com/news/local-beat/I-Just-Want-to-Know-92097009.html
 
Search warrants unsealed in Gardner case
Affidavits to be released, with some redactions

Monday, April 26, 2010 at 10:05 a.m
<snipped>
Four search warrants filed in connection with the slayings of North County teenagers Chelsea King and Amber Dubois will be made public, but with minor redactions, a judge ruled Monday morning.

Details from the warrants are forthcoming.

The release of the warrants comes more than a week after registered sex offender John Albert Gardner III, 31, pleaded guilty to raping and murdering Chelsea, 17, of Poway and Amber, 14, of Escondido. He also pleaded guilty to assault with intent to rape in connection with the Dec. 27 attack on a jogger, Candice Moncayo, near Lake Hodges. He is set to be sentenced June 1 to life in prison without parole and an additional 33 years to life.

Investigators searched four places for evidence -- Gardner&#8217;s home in Lake Elsinore, his mother&#8217;s home in Rancho Bernardo, a storage unit in Escondido and a car belonging to his girlfriend, according to the records.

At least six other warrants filed in the case remain under court seal by a separate judge.

The search warrant for the Lake Elsinore home had already been leaked to a reporter at Los Angeles radio station KFI-AM 640. The search turned up a shovel and pick axe from near the front door, as well as 10 shovels and two pickaxes from a backyard shed, according to the documents. Also seized were five pairs of jeans, a white &#8220;Hard Iraq Cafe &#8212; Baghdad&#8221; T-shirt and a pair of size-12 Reebok sneakers from his bedroom.


Article:
http://www.signonsandiego.com/news/2010/apr/26/search-warrants-unsealed-gardner-case/
 
Search Warrants: DNA Evidence Linked Gardner To King Death
Search Warrants Issued In Chelsea King Investigation

POSTED: 10:33 am PDT April 26, 2010
UPDATED: 8:19 pm PDT April 26, 2010
<snipped>
The 17-year-old Poway High School senior's blood was also found on the same undergarment, and documents also revealed Gardner may have followed a pre-teen girl home from school.

According to the documents, Gardner was arrested less than five hours after being identified as a suspect through the DNA link. According to a declaration in support of one of the search warrants, prepared by sheriff's Detective Patrick O'Brien, the undergarment was discovered near running trails leading from Rancho Bernardo Community Park on Feb. 26, the day after Chelsea was reported missing.

According to search warrant affidavits from the Department of Justice released Monday afternoon by El Cajon Judge Herbert Exarhos, two utility workers learned sheriff's deputies were searching Pala for Amber's body last month and reported seeing a male and female together in the area around 8 a.m. the morning she disappeared in 2009.

The warrants released by Deddeh revealed that an 11-year-old girl was followed by a large man -- believed to be Gardner -- driving a black compact car as she walked home from Bernardo Heights Middle School on Feb. 24.

The afternoon Chelsea disappeared, the defendant also had contact with two women along the jogging trail. One said she saw him drinking beer and watching a rattlesnake -- and she chatted with him as she passed him back and forth on her run. Another saw him running and believed she later saw Chelsea jogging.


Read: Gardner Affidavit Part 1
http://media.signonsandiego.com/news/documents/2010/04/26/affidavit-part1.pdf

Read: Gardner Affidavit Part 2
http://media.signonsandiego.com/news/documents/2010/04/26/affidavit-part2.pdf

Read: Gardner Search Warrant Inventory
http://media.signonsandiego.com/news/documents/2010/04/26/search-warrant-returns.pdf

Read: Home Searches, Electronic Records
http://media.signonsandiego.com/news/documents/2010/04/26/LakeERBmyspace.pdf

Read: Dubois/Gardner Witness Sighting
http://media.signonsandiego.com/news/documents/2010/04/26/sdge.pdf

Read: Gardner Guilty Plea
http://10newsblogs.com/pdf/gardner-guilty-plea.pdf

Read: Charges Against Gardner
http://10newsblogs.com/pdf/gardner-case-charges.pdf

Read: King Family Statement
http://10newsblogs.com/pdf/king-family-statement.pdf

Video: Search Warrants: DNA Evidence Linked Gardner To King Death
http://www.10news.com/video/23272761/index.html

Video: Psychologist Analyzes Gardner Search Warrants
http://www.10news.com/video/23272274/index.html

Article:
http://www.10news.com/news/23267628/detail.html
 
Details Emerge About Chelsea King Investigation
John Gardner pleaded guilty earlier this month to murdering Chelsa, Amber Dubois

Updated 9:20 PM PDT, Mon, Apr 26, 2010
<snipped>
Among the details contained in the documents: On Feb. 26 at 12:33 p.m., searchers at Rancho Bernardo Community Park, where Chelsea went running prior to her slaying, found clothing, and a yellow and white Adidas running shoe, which Chelsea's parents said were similar to those worn by Chelsea. The information was included in the "probable cause" portion of the sheriff's department's request for a search warrant for Gardner's Lake Elsinore house.

Video: Details Emerge About Chelsea King Investigation
http://www.nbcsandiego.com/station/...out_Chelsea_King_Investigation_San_Diego.html

Article:
http://www.nbcsandiego.com/news/loc...bout-Chelsea-King-Investigation-92108739.html
 
REGION: Gardner deal struck before Amber's parents knew of it
Newly unsealed transcripts: Chelsea's parents had input, Amber's family did not

April 26, 2010 7:21 pm
<snipped>
When prosecutors told a judge that John Albert Gardner III would plead guilty to raping and murdering two North County teens, victim Chelsea King's parents had been told of the plea deal ---- but Amber Dubois' parents remained in the dark.

The revelation comes from newly unsealed transcripts of a closed-door hearing between the case prosecutor, Kristen Spieler, and Gardner defense attorney Mel Epley and San Diego Superior Court Judge David Danielsen.


Article:
http://www.nctimes.com/news/local/sdcounty/article_4b23df62-8908-5bc6-8dcd-65bb88a4ac37.html
 
Warrants suggest Gardner followed 11-year-old
Monday, April 26, 2010
<snipped>
An 11-year-old girl told police a man followed her home from school the day before registered sex offender John Albert Gardner raped and murdered a 17-year-old girl in a nearby park, according to search warrants unsealed Monday.

According to the documents, the 11-year-old watched as a man driving a black car slowly drove past her as she walked alone. Moments later a woman pulled up beside the girl and offered to follow her home to protect her from the suspicious looking man. Police said Gardner then made a U-turn and drove away.

Investigators said these are just some activities Gardner was doing in the hours leading up to Chelsea King's death.

*More at link!

Video: Warrants suggest Gardner followed 11-year-old
http://abclocal.go.com/kabc/video?id=7408091

Article:
http://abclocal.go.com/kabc/story?section=news/state&id=7408088
 
Judge Orders Gardner Arrest Warrant Released
Last Update: 4/26 11:14 pm
<snipped>
In the warrant, a jogger describes seeing a man she later identified as Gardner hours before Chelsea was attacked. At 1:00 on February 25, Cindi Jo Stock said John Gardner was drinking several beers near the trail. Stock watched as he smoked cigarettes, and engaged her in conversation about nearby rattlesnakes. Around 3:00, Jacqueline Maxton saw a man she believed to be Gardner. She also spotted Chelsea King on her afternoon run, headed towards Gardner's direction.

According to the warrants, SDG&E employees Chris Jensen and Brad Carter contacted authorities on March 26. They remember seeing Gardner and Amber together near Pala on February 13, 2009. They claim to have seen Gardner and Dubois at 8 AM, about 50 minutes after Amber was last seen walking to Escondido High School.

*More at link!

Video: Killer On The Hunt 4/26/10 3:25
http://www.sandiego6.com/mediacenter/local.aspx?videoId=776724@xetv.web.entriq.net&navCatId=5

Article:
http://www.sandiego6.com/news/local...-Warrant-Released/sym3VPYP8UeHZCV1AINzZw.cspx
 
Drinking preceded killing of Chelsea, warrants say
Sex offender was seen surrounded by cans, sitting by a rattlesnake

April 26, 2010 at 11:48 a.m., updated April 26, 2010 at 10:48 p.m
<snipped>
Registered sex offender John Albert Gardner III spent the afternoon of Feb. 25 guzzling beer and watching a coiled rattlesnake on the trails near Lake Hodges before snatching and murdering Poway teenager Chelsea King as she jogged alone, according to search warrant affidavits unsealed Monday.

Two women who spoke to investigators after Chelsea disappeared recalled seeing Gardner on the trails, and one of them may have been the last witness to see Chelsea alive as she ran past a fork in the path about 3 p.m., the woman&#8217;s affidavit states.

Brent and Kelly King, Chelsea&#8217;s parents, did not argue against the release of the warrants Monday as long as certain information, such as the names of minors, was redacted.

*More at link!

Documents related to John Albert Gardner III
http://www.signonsandiego.com/Gardner/

PDF Document: Gardner search warrant affidavit, Part 1
http://media.signonsandiego.com/news/documents/2010/04/26/affidavit-part1.pdf

PDF Document: Gardner search warrant affidavit, Part 2
http://media.signonsandiego.com/news/documents/2010/04/26/affidavit-part2.pdf

PDF Document: Gardner search warrant inventory
http://media.signonsandiego.com/news/documents/2010/04/26/search-warrant-returns.pdf

PDF Document: Search warrant affidavits for Lake Elsinore and Rancho Bernardo homes, and electronic records
http://media.signonsandiego.com/news/documents/2010/04/26/LakeERBmyspace.pdf

PDF Document: Affidavit describing witness sighting of Amber Dubois with John Gardner
http://media.signonsandiego.com/news/documents/2010/04/26/sdge.pdf

Article:
http://www.signonsandiego.com/news/2010/apr/26/gardner-drank-beer-park-day-he-killed-chelsea/
 
REGION: Girl, 11, told police Gardner stalked her
Search warrants also show SDG&E workers saw him with Amber near murder site

Posted: April 26, 2010 12:45 pm
<snipped>
An 11-year-old Rancho Bernardo girl told investigators she was stalked by convicted murderer and rapist John Albert Gardner III on Feb. 24, one day before he kidnapped and killed 17-year-old Chelsea King, according to search warrant records released Monday.

The records also show that two San Diego Gas & Electric Co. workers saw people they identified as Gardner and his other known murder victim, 14-year-old Amber Dubois of Escondido, about 50 minutes after she was kidnapped in February 2009.


John Albert Gardner III - Search Warrants released April 26, 2010
http://www.nctimes.com/news/local/sdcounty/pdf_81bec1e1-e36c-524c-86ce-63932e9fe7d7.html

Complete John Albert Gardner III news coverage
http://www.nctimes.com/special-reports/johngardner

Article:
http://www.nctimes.com/news/local/sdcounty/article_2c0c03de-93cb-5005-977b-af71928f9a6f.html
 

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