Statement denying clemency from Gov. Arnold Schwarzenegger

[Neil D]

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.

[Dr. Shane]

He will only be the 12th person executed since the death penalty was brought back in California. We execute more than that in Texas each year.

[Neil D]

Stanley 'Tookie' Williams Executed

12.13.2005 8:16 AM EST

Convicted killer turned anti-gang crusader was put to death Tuesday morning.

Stan "Tookie" Williams

Photo: UPI/Newscom

With his appeals exhausted, former Crips gang leader turned anti-gang crusader Stanley "Tookie" Williams was put to death Tuesday (December 13) morning. He was 51. Despite pleas from stars including Snoop Dogg and Jamie Foxx and howls of protest from

hundreds of supporters gathered outside San Quentin prison, the burly Williams was strapped to a gurney and injected with a lethal mixture of drugs. He was pronounced dead at 12:35 a.m.

As the execution was taking place, Williams' friend Barbara Becnel and other supporters mouthed "God bless you" and "We love you" and blew kisses to him, according to the Los Angeles Times, with Williams seemingly mouthing words back to them.

Williams' death sentence set off one of the most intense debates about capital punishment in the United States in years, pitting the convicted killer's claims of redemption against evidence that his detractors said clearly implicated the gang leader in the 1981 shotgun murders of a convenience store clerk and a family of three.

In the end, the execution process took longer than usual as technicians struggled for more than 10 minutes to find a vein in Williams' muscular left arm. As the team searched, Williams visibly winced and lifted his head off the gurney several times and, according to the Times, at once appeared to say, "Still can't find it?" Witnesses said his death from the lethal injection took close to 20 minutes.

In the hours before his death, Williams sat quietly with friends and talked on the phone as guards kept a close watch on him. One acquaintance described a scene in which Williams sat handcuffed to a table next to a stack of untouched turkey sandwiches, saying goodbye to friends in a calm, everyday manner. He maintained upbeat on his final day, according to a prison spokesman, and ate nothing but oatmeal and milk on Monday, refusing a special last meal and a spiritual advisor. Williams had no last words before being strapped to the gurney.

Hours before, at 6 p.m., Williams was strip-searched, given a set of clean clothes and placed in a holding cell just outside the death chamber under constant observation by a sergeant and two officers, according to the Times. He spent the hours before his execution watching TV and reading some 50 letters that arrived Monday from as far away as Italy and Israel, including some from schoolchildren.

Governor Arnold Schwarzenegger issued a denial of clemency to Williams Monday afternoon, citing the former Crips leader's refusal to apologize for the four murders for which he was convicted more than 20 years ago (see "Schwarzenegger Denies Clemency For Tookie Williams").

Williams was sentenced to death in 1981 for gunning down convenience store clerk Albert Owens, 26, at a 7-Eleven and killing Yen-I Yang, 76, Tsai-Shai Chen Yang, 63, and the couple's daughter Yu-Chin Yang Lin, 43, at the Los Angeles motel they owned. Williams claimed at the time that he was innocent, though witnesses at the trial said the Crips leader bragged about the murders, saying, "You should have heard the way he sounded when I shot him."

Despite the claims from Williams and his supporters that he had been redeemed while in prison — writing anti-gang children's books and being nominated for the Nobel Peace Prize — Schwarzenegger wrote, "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."

Williams' advocates said his credibility in preaching to youth about staying out of gangs was unmatched, but the Times said victims' rights leaders painted him as a fraud for his failure to confess to the crimes and refusal to formally cut ties with the Crips by sharing his knowledge of the gang's inner workings with police.

"What kind of message does that send to young children, when somebody like Mr. Williams, who supposedly has their attention, tells them, 'Don't snitch, don't talk to police, don't tell people who was involved in a crime?' " John Monaghan, a Los Angeles County deputy district attorney, told the Times.

Five members of the murder victims' families were at the prison, although it was not clear how many witnessed the execution. Williams, who earlier said he didn't want to invite anyone to observe "the sick and perverted spectacle," had five witnesses, including Becnel and members of his legal team.

After Williams was pronounced dead, the Times reported that Becnel and two other supporters of Williams turned toward the media in the witness room and yelled in unison, "The state of California just killed an innocent man!" Lora Owens, the stepmother of one of Williams' victims, appeared shaken by the scene and was embraced by another woman. She told CNN Tuesday morning that despite her desire to see justice done, watching the execution "was not an easy thing to do."

Owens said that even if Williams had apologized, it wouldn't have signaled atonement, and even that "doesn't get you out of a just punishment."

Outside the prison walls, as the crowd was informed that Williams was dead, angry shouts broke out and a man burned an American flag, according to the Times. Speaking to the press, Becnel called Schwarzenegger a "cold-blooded murderer" and vowed to work for his defeat in the next election.

— Gil Kaufman

[Dr. Shane]

Quote:

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writing anti-gang children's books and being nominated for the Nobel Peace Prize

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I hope they put a note at the end of those books that the author was put to death for his crimes. That would really make them "anti-gang".

I was touched a few years ago when a man in Texas was put to death. He claimed to have accepted Christ and gave evidence for such a claim. He appoligized to the victem's family and instructed his lawyers to stop the appeals. The victem's family publicly forgave him and even asked Governor Bush to grant him clemency. Bush did not do so because he felt it would be wrong to show favoritism to the man because he was a fellow Christian. The man sang hymns as they injected him and until he died. I have little doubt we will be seeing him in heaven.

[Ron Lambert]

The legal test in criminal cases is to find someone guilty "beyond a reasonable doubt." That is OK if life in prison is the maximum penalty. But if death is going to be meted out as a penalty, then the test should be "beyond any possible doubt." Too many cases judged on the basis of reasonable doubt have been overturned on new evidence, such as DNA testing, for anyone to think for a minute that it is safe to assume that all the people judged guilty of crimes are really guilty of them.

The point is, you can release someone from jail if it is finally determined that a mistake was made. But you can never release someone from the grave.

I think that in this case, the "Governator" lived up to his nickname. I am very disappointed in him. He did not do the right thing.

[Dr. Shane]

The Governor followed the law and it is a law that he believes in. I don't fault him for that.

I do believe that in order to recieve the death penalty there should be either two witnesses or DNA evidence. But that needs to be the will of the people and expressed by the legilature. The Governor is not a crusader. He is elected to serve the people. Enforcing the law is a major part of his job.

[Ron Lambert]

I disagree, Shane. The governor is not elected to follow the will of the people, he is elected to be a leader, and exercise superior wisdom. Nor is he obliged, like judges, to follow the law strictly. He has executive discretion to pardon or commute the sentence of anyone he wants to. Just "following the law" was the safe course, but not the right course.

[Dr. Shane]

That is an age-old discussion. Should an elected leader govern as dictated by the will of the people? Or should he or she govern by the dictates of his or her own conscience?

President Clinton is an example of one that governed by the will of the people. President G.W. Bush is an example of one that governs by the dictates of his own conscience.

I don't see that one is right and the other is wrong. I simply see them as two difference philosophies. Different people will obviously have different preferences between the two.

[Neil D]

[:"blue"] now there is talk that Tookie may have been innocent....I wonder.... [/]

12:03 a.m. December 21, 2005

LOS ANGELES – He co-founded the Crips gang to protect his neighborhood, not kill people or run drugs, and Stanley Tookie Williams died an innocent man, wrongly executed for four murders he did not commit.

That's how celebrities, religious leaders and former and current gang members remembered the man who was executed last week for the 1979 murders of four people. It was a far different picture than the one painted by Gov. Arnold Schwarzenegger when he refused to grant clemency to Williams who, Schwarzenegger said, did not demonstrate the remorse necessary to warrant consideration.

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Through nearly five hours of speeches and tributes, the thousands of mourners who gathered for Williams' funeral Tuesday heard a message repeated again and again: that of redemption. Speakers argued that Williams was wrongly convicted of the four murders juries had found him guilty of and that he had long since repented for founding one of the world's most deadly street gangs.

Williams had spent his last years on California's Death Row writing children's books and warning young people to shun gang violence.

"Governor Schwarzenegger said Tookie didn't seem redeemed, but we must judge a tree by the fruits it bears," said the Rev. Jesse Jackson, referring to Williams' anti-gang message. "And Tookie said, 'I would rather die than lie to get clemency.'"

Raper Snoop Dogg recited a poem, "Until We Meet Again," in which he referred to Williams' Dec. 13 execution.

"If you're black like me you are guilty until proven innocent, and furthermore I don't believe Stan did it," he said, drawing wild applause in the parking lot, where as many as 1,000 people watched the funeral on large screen televisions. Inside, the 1,500-seat Bethel AME Church in South Los Angeles was filled to capacity.

The mourners included dozens of members of the Crips street gang that Williams co-founded, and they flashed gang signs before entering the church to make brief speeches.

Williams' stunning physical presence was remembered by one gang member, who said the Crips co-founder was even more muscular than Schwarzenegger, a former world bodybuilding champion.

"As a youngster I would watch Tookie all buff, much more than the governor, walking down Venice Beach," recalled the man, who didn't give his name.

Other gang members said Williams originally helped found the group to provide protection to neighborhoods so dangerous the police were afraid to patrol them.

But Williams eventually came to renounce the Crips and other gangs, and in a tape he made from prison, he called on mourners to continue his anti-gang efforts.

"Teach them to promote peace and teach them to focus on rebuilding the neighborhoods that you, others and I helped to destroy," he said on the scratchy recording.

Williams, 51, was put to death by injection for the 1979 shotgun murders of four people during two separate robberies. He maintained until his death that he did not kill Whittier convenience store clerk Albert Owens, 26, or Los Angeles motel owners Yen-I Yang, 76; Tsai-Shai Chen Yang, 63, and their 43-year-old daughter, Yu-Chin Yang Lin.

Nation of Islam leader Louis Farrakhan compared Williams' trial and execution to the crucifixion of Jesus Christ. Both, Farrakhan told mourners, were innocent men executed for political reasons.

"Every true revolutionary, every man that will not bow down to the forces of this world, will be rebuked and scorned," he said.

Inside the church, Williams' books were for sale, with many people buying and reading them through the service. Outside, some people sold T-shirts that directed profanities at the governor and claimed Williams has a place in heaven.

Rudy Langlais, executive producer of "Redemption: The Stanley Tookie Williams Story," a TV movie starring Jamie Foxx, recounted the time he spent with Williams on the last day of his life.

He said Williams was so at peace with the news that clemency had been denied that he thanked a prison guard for giving him 10 extra minutes with friends, reducing the guard to tears.

Bruce Gordon, head of the National Association for the Advancement of Colored People, spoke by phone and pledged to redouble efforts against the "unjust application of the death penalty."

"I only knew Stanley Williams for 26 days," he said. "I didn't know the man who was convicted but I do know the man who was redeemed."

Williams' funeral concluded with his literary collaborator, Barbara Becnel, reading a letter she said contained his last words from prison.

They were: "I am no longer a man of war. I die a man of peace."

Williams' will calls for his remains to be cremated and his ashes scattered over South Africa.

Despite the scale of Tuesday's ceremony, it was not the first public funeral for an executed inmate.

About 300 people attended a San Francisco service for Robert Alton Harris, a murderer whose 1992 execution was the first in 25 years after a death penalty ban and became a rallying point for opponents of capital punishment. The audience included Harris' family, friends and activists, but no major celebrities.

[Dr. Shane]

There was talk before. That is why I only favor the death penalty if there are at least two witnesses or DNA evidence.