By Richard Valdez
Being condemned for over 25 years now has allowed me to obtain an insider’s perspective of what California’s death penalty system looks like from this side of the bars. Coming into this system in the prime of my life, just starting my twenties, has afforded me the opportunity to observe and experience the changes, both bad and good, that have transpired over the years. In this article, I will be sharing some of what I have learned, and continue to experience and see, in California’s irreparably broken death penalty system. I will also attempt to demonstrate why this antiquated and costly system needs to be dismantled and ultimately abolished here in California. My hope is that I can provide the reader with a not so often heard viewpoint as well as maybe clear up or give clarity regarding some of the misconceptions about the condemned and the death penalty itself.
One of the biggest misconceptions about this process is that the condemned are the ones who drag this costly process out for years. This is not the truth. Granted, there is a lengthy and very costly appeals process. And, those who are condemned are Constitutionally guaranteed their appeals. However, the truth of the matter is that most of those who reside on death row do not possess the necessary know-how or education 
required to navigate this convoluted and complex system. And, because of the ways some of the laws have designed it and court decisions have directed it, the condemned, even if they wanted to file on their own, or in the rarity, would attempt to forego their appeals altogether, are legally barred and limited in what can be filed in regards to these matters. Also, the condemned have no say so in how these laws are written or when they are passed. We do not vote nor do we write ballot measures or laws.
Another big misconception is that the condemned are slated to be transferred to other prisons where they will be allowed to live comfortably due to the passage of Proposition 66. This too is not fully true. Granted, the condemned population will ultimately be transferred to other prisons across California because of Prop 66. And, they will be afforded programming options that were once not readily available to them. However, this is still a prison, and it is by no means ever a place where one can be made to feel comfortable. Prison will always come with its degradations and dehumanizing conditions. There has not yet been a day that has gone by in my years here where I have been allowed to, or have been made to, feel and live comfortably. This will never be so.
Then you have those who are under the impression that the death penalty can be fixed through worse and hastened legislation and ballot measures. This misconception is far from the truth. A perfect example is Proposition 66. This ballot measure passed approximately 7 years ago and was touted to the public as a measure that would speed up the process so that our state’s system would be in line with that of Texas or Oklahoma. The only thing that it did accomplish was to create greater delay and more confusion. Prior to its passage, I was slated to be appointed counsel for my Constitutionally guaranteed habeas corpus appeal proceedings. But now, since this appointment obligation has been shifted from the state’s established system to that of the already overburdened local county court systems, what would have taken several years has now exceeded a decade’s time. And it is seemingly going to drag on for even more years to come because no local counties in the state have either allocated or been allocated, the necessary funding required for this process. They have not even arrived at an agreed-upon pay rate for appointed attorneys. And, they have not found any attorneys willing to take on this now ever more convoluted and complex endeavor. I have now had my appointment of counsel stayed seven times by L.A. County’s courts because of the aforementioned reasons.
It is clear that the death penalty system in California is irreparably broken. This is a fact. Numerous studies conducted in California have reported so. It should also be apparent that it never has been a deterrent to crime. Studies have also established this. And, it should be evident that its cost is just way too high. Especially when one considers that some of our state’s school systems are failing our children due to lack of funding. So why do we still have it?
The only logical conclusion that I can surmise is that there are more people who would rather believe the misconceptions that have been put out there than accept the truth. I do not believe anyone wants to lose faith in their institutions and systems, especially where public safety is the ultimate goal. But, the reality is that some of our institutions and systems are broken and failing. The death penalty is a major one. And it is high time that well-needed change and reform, if not outright abolition, becomes a major part of the conversation here in California. It is way overdue that we rid the state of this costly, ineffective, and antiquated form of punishment.
Richard Valdez has been on death row for more than half of his life. He received a certificate in paralegal studies in 2004, and most recently received his AA degree, with honors, in liberal arts with an emphasis in humanities, in 2020. He is also a member of the Phi Theta Kappa Honor Society.
