
1996年夏日,马克·克拉斯坐在圣何塞的法庭上,紧握着家人的手,听到书记员朗读有罪判决,这一判决最终把他12岁女儿波莉的凶手送上了死刑牢房。当绑架并致死波莉·克拉斯的凶手理查德·艾伦·戴维斯得知自己的命运时,他衣衫外露,向法庭做了一个下流的手势。
On a summer day in 1996, Marc Klaas sat in a San Jose courtroom and clutched the hands of his family as a clerk read aloud the guilty verdict that would eventually place his 12-year-old daughter Polly’s killer on death row. When the man who had fatally strangled Polly Klaas after kidnapping her from a sleepover, Richard Allen Davis, learned of his fate, he turned to the courtroom with his shirt hanging out of his belt, and made an obscene gesture to the room.
戴维斯被判死刑时,克拉斯心想:“这就是他应得的。”他认为法官和陪审团看到了克拉斯所了解的戴维斯本人的面目,认识到他给克拉斯一家造成的痛苦,并据此对其进行惩罚。
When Davis was sentenced to death, Klaas thought to himself, “This is what he deserves.”He felt the judge and jury had seen the man he knew Davis to be, had recognized the pain he had inflicted on Klaas’ family, and punished him accordingly.
因此,当他三十年后听说加州州长加文·纽瑟姆将减免戴维斯的死刑——以及数百名其他囚犯的死刑时,这一宣布让克拉斯感到“背后一刀”。
So when he heard three decades later that California Gov. Gavin Newsom would be commuting Davis’ death sentence – along with hundreds of others – the announcement felt like “a shiv in my back,” Klaas said.
克拉斯说,他在周四出庭支持另一名被拐儿童的家属时,听到了纽瑟姆决定的消息。该决定将把全州548名死囚的死刑改为无期徒刑。
Klaas said he was in court Thursday supporting the family of another child kidnapping victim when he heard news of Newsom’s decision, which would commute the sentences of all 548 state death row prisoners to sentences of life without parole.
“我今天的决定是在近三十年里,作为民选官员公开反对州批准的死刑之后作出的,”纽瑟姆在一封公开信中解释此举。该信在他即将于两个月后离任之际发表,信中承认此决定必然会给许多受害者及其家属带来痛苦,但他认为杀戮“与加州的价值观不相容”。这一宣布在受害者及其家属中引发了复杂情绪,一些人——如克拉斯——对他们认为是对正义的规避感到愤怒。支持减刑的组织以及包括波莉其他亲属在内的部分家庭成员和联盟则将此决定视为反死刑倡导者的胜利。
“My decision today comes after nearly three decades of openly opposing state-sanctioned executions as an elected official,” Newsom said in an open letter explaining the move, which comes just two months before he is set to leave office. The three-page letter acknowledged the pain the decision will inevitably inflict on many victims and their families but said he believes killing is “incompatible with California’s values.”The announcement has stirred up complicated emotions among victims and their families, some of whom – like Klaas – are furious over what they see as a circumvention of justice. Pro-clemency groups and some family members, including other relatives of Polly, and coalitions have celebrated the decision as a victory for anti-death penalty advocates.

对该决定感到愤怒的人引用了囚犯所犯罪行的恐怖性质,其中包括连环杀手兰迪·克拉夫特(Randy Kraft,被称为“南加勒比绞杀者”)和查尔斯·吴(Charles Ng,20世纪80年代在加利福尼亚州被判杀害11人)。
Those furious over the decision have cited the horrific nature of the crimes the prisoners committed, including serial killers Randy Kraft, known as the “Southern California Strangler,” and Charles Ng, who was convicted of killing 11 people in California in the 1980s.
“这些人中有些杀害了多人。有些人曾向警察后脑勺开枪。有些人绑架并杀害了小女孩,”克拉斯说。“而他要减轻他们的刑罚。”自成为州长以来,纽森一直在为这一决定苦苦权衡。他与受害者家属、执法官员及其法律团队举行了多次会议,以权衡一个他承认将揭开旧伤疤的选择。
“Some of these people have killed multiple individuals. Some of them have shot cops in the back of the head. Some of them have kidnapped and murdered little girls,” Klaas said. “And he’s going to commute their sentences.”Since becoming governor, Newsom has been grappling with the decision. He has held several meetings with families of victims, law enforcement officials and his legal team to weigh a choice he has acknowledged will unseal old wounds.
但纽森的决定尚未完全尘埃落定。加利福尼亚州最高法院将需要批准382起案件中的特赦决定,这些案件中的囚犯因多项重罪被定罪。反对团体已经誓言将在法庭上提出挑战。
But the ink on Newsom’s decision is not entirely dry. California’s Supreme Court will need to approve clemency decisions in 382 cases in which prisoners were convicted of multiple felonies. And opposition groups have already pledged to challenge the move in court.
对克拉斯而言,这一决定动摇了他对该州追究罪犯责任能力的信心。
For Klaas, the decision has eroded his confidence in the state’s ability to hold criminals accountable.

“当理查德·艾伦·戴维斯被定罪判刑时,检察官对我说:‘看,你可以信任加利福尼亚州的刑事司法系统,’”克拉斯说。“好吧,你可以信任,直到你不能信任。……刑事司法系统可能会一时兴起而发生转向。”1993年10月的一个夜晚,在加利福尼亚州佩塔卢马的家中卧室里,波莉·克拉斯正与两个朋友开睡衣派对,母亲在附近的房间睡觉,一名留着胡子的闯入者出现在门口。
“When Richard Allen Davis was convicted and sentenced, the prosecutor told me, ‘See, you can trust California’s criminal justice system,’” Klaas said. “Well, you can until you can’t. … The criminal justice system can turn on a whim.”On a night in October 1993, in her bedroom at home in Petaluma, California, Polly Klaas was in the throes of a slumber party with two friends, her mother sleeping in a nearby room, when a bearded intruder appeared in the doorway.
这名男子后来被确认为戴维斯,他用刀威胁女孩们,将她们捆绑堵嘴,最后带着波莉溜出了家门,法庭记录显示。对波莉的大规模搜寻以及她的寻人启事广泛传播,引起了全国民众的关注,人们称波莉为“美国的孩子”。她卧室窗前的一支蜡烛燃烧了两个月,直到戴维斯供认并带领警方找到她的遗体才熄灭。
The man, later identified as Davis, threatened the girls with a knife, tied them up and gagged them, before finally slipping out of the home with Polly, according to court records. The massive search for Polly and a widely shared version of her missing child poster captured the concern of a national audience, who dubbed Polly “America’s Child.”A candle burned in her bedroom window for two months, extinguishing only when Davis confessed and led police to her body.
三年后,戴维斯因谋杀波莉、抢劫、入室盗窃、绑架、非法拘禁以及企图对未成年人实施猥亵行为被判有罪。当陪审团建议判处死刑时,克拉斯感到“胜利了”,他当时对记者说:“理查德·艾伦·戴维斯因对我的孩子所作所为而该死。”波莉的案件帮助推动了对累犯加重“三次犯罪”处罚,那是严厉打击犯罪政策的时代。
Three years later, Davis was found guilty of Polly’s murder, as well as robbery, burglary, kidnapping, false imprisonment, and attempted lewd conduct with a minor. When a jury recommended the death sentence, Klaas was “victorious,” telling reporters at the time, “Richard Allen Davis deserves to die for what he did to my child.”Polly’s case helped propel increased “three strikes” penalties for repeat offenders in an era of tough-on-crime policies.
如今,克拉斯的家里摆满了波莉的照片,照片里她咧嘴笑着,头顶一头亮丽的栗色卷发。
Today, Klaas’ home is full of pictures of Polly, grinning from under her shiny crown of chestnut curls.
2019年,纽森在该州下令暂停执行死刑,给加利福尼亚州死囚(据死刑信息中心统计,他们占全美死囚人口的四分之一多)即时缓刑,克拉斯对此大为光火。
Klaas was furious when Newsom placed a moratorium on executions in the state in 2019, granting an instant reprieve for California’s death row inmates, who make up more than a quarter of the nation’s death row population, according to the Death Penalty Information Center.

他说,星期四的宣布是他一生中最糟糕的日子之一。虽然他知道纽森一直在权衡这个决定,但他震惊于自己和其他家属在宣布前未获通知。
Thursday’s announcement ranks among the worst days of his life, he said. Though he knew Newsom had been weighing the decision, he was shocked he and other families were not notified ahead of the announcement.
在信中,纽森解释采取这一行动是因为“我坚信州政府批准的杀戮与加利福尼亚州的价值观不相容,动摇了我们法律体系的基础,并贬低了我们每一个人。”克拉斯坚决不同意,他说纽森的决定破坏了无数审判和陪审团裁决的结果。
In his letter, Newsom explained he was taking the action because “I firmly believe that state-sanctioned killing is incompatible with California’s values, undermines the foundations of our legal system, and diminishes each of us.”Klaas disagrees firmly, saying that Newsom’s decision undermines the results of numerous trials and jury decisions.
“成百上千个陪审团曾为他们刚刚审理的被告是否应被处决而痛苦抉择,”克拉斯说。“在每一个案件中,法官都判处这些人死刑。”这位父亲还指出,加利福尼亚州选民在2012年和2016年否决了本将终结该州死刑制度的投票提案。
“Hundreds and hundreds of juries agonized over whether or not the individual whose trial they just sat for should be executed,” Klaas said. “In each one of those cases, a judge sentenced these individuals to be executed.”The father also pointed out that California voters rejected ballot propositions in 2012 and 2016 that would have ended the death penalty in the state.
“这本应是人人都有发言权的事。不应由一位跛脚鸭州长单方面决定,”克拉斯说。
“It should have been something that everybody got a say in. It shouldn’t have been a unilateral decision by a lame-duck governor,” Klaas said.
波莉的其他亲属表示,他们在纽森宣布决定前曾与他会面。波莉同母异父的妹妹安妮·尼科尔说,她和波莉同父异母的妹妹杰斯·尼科尔上个月请求与州长会面,并表达了支持废除死刑的立场。这两位姐妹来自波莉母亲一方的家庭。
Other relatives of Polly’s said they met with Newsom before he announced his decision. Annie Nichol, Polly’s half-sister, said she and Jess Nichol, Polly’s stepsister, asked the governor for a meeting last month and expressed their support for ending the death penalty. The sisters are from Polly’s mother’s side of the family.
安妮和杰斯·尼科尔此前曾支持死刑,虽然她们对波莉凶手的感情没有改变,但她们对司法制度的看法变了。
Annie and Jess Nichol have previously supported the death penalty, and while their feelings about Polly’s killer have not changed, their perspective on the justice system has.
“我们依然承受着悲痛和愤怒,”安妮·尼科尔说。“我们逐渐认为,这些感受无论多么可以理解,都不应决定公共政策。州政府可以尊重幸存者的愤怒,而不必以我们的名义杀人。”姐妹俩表示,州政府应将原本用于维持死囚牢房的资源转向支持受害者和幸存者。她们也质疑处决能带来多少了结。
“We still experience grief and anger,” Annie Nichol said. “What we’ve come to believe is that those feelings, however understandable they are, shouldn’t determine public policy. The state can honor survivors’ anger without killing someone in our name.”The sisters say the state should redirect resources it would have spent on maintaining death row to supporting victims and survivors. They also question how much closure an execution would bring.
“死刑对家庭的作用是让我们等待一个本该让我们完整的日子,”杰斯·尼科尔说。“但问题是悲痛依然存在。它将永远存在。”其他几位受害者家属,以及包括刑事司法法律基金会、犯罪幸存者组织和加利福尼亚地区检察官协会在内的团体已公开反对纽森的举措,称这加深了受害者的创伤,且越过了加利福尼亚民众和法院系统的意愿。
“What the death penalty does to families is it keeps us waiting for a day that is supposed to make us whole,” Jess Nichol said. “But the thing is that the grief is still there. It will always be there.”Several other victims’ family members, as well as groups including the Criminal Justice Legal Foundation, Crime Survivors and the California District Attorneys Association have spoken out against Newsom’s move, saying it deepens victims’ wounds and oversteps the will of Californians and the court system.
正在考虑竞选2028年总统的纽森称这一决定是“我职业生涯中最艰难的决定之一,并非因为我怀疑其对本州的必要性,而是因为我知道宣布这一决定可能会唤起受害者家属极其痛苦的记忆。”在这些直言不讳的家属中,有8岁男孩迈克尔·莱昂斯的家人,他在1996年于尤巴城失踪。第二天,他的遗体在河岸边被发现,罗伯特·博伊德·罗兹因谋杀他而被定罪。迈克尔的妹妹辛塔拉·富勒谴责了此次减刑的全面性。
Newsom, who’s mulling a 2028 presidential run, called the decision “among the most difficult of my career, not because I doubt its necessity for our state but because I know its announcement may surface excruciating memories for victims’ families.”Among the outspoken families is that of 8-year-old Michael Lyons, who went missing in Yuba City in 1996. His body was found the next day on the banks of a river, and Robert Boyd Rhoades was convicted of his murder. Syntara Fuller, Michael’s sister, condemned the sweeping nature of the commutation.

“他把每一个怪物、每一个最坏中的最坏、加州最坏的罪犯,全都集中在一起,判了他们全部无假释终身监禁,”富勒对CNN附属台KCRA表示。“得知没有一个案件被单独审视、仅就其本身进行考量,这真的非常、非常难以接受。”萨克拉门托县副警长丹尼·奥利弗的前警长克里斯·格雷罗至今仍记得2014年目睹好友被宣告死亡的情景,当时奥利弗头部中枪,据KCRA报道。他在痛苦中挣扎,因为奥利弗的凶手路易斯·布拉卡蒙特斯将继续活着。
“He took every single monster, every single person that’s on the worst of the worst, the worst of California’s criminals, and he took them all together and gave them all life without parole,” Fuller told CNN affiliate KCRA. “And to know that not one case was looked at separately and just taken in for what it was, is really, really hard.”Sacramento County Deputy Danny Oliver’s former sergeant, Chris Guerrero, still remembers witnessing his friend being pronounced dead in 2014 after Oliver was shot in the head, KCRA reported. He struggles knowing that Oliver’s killer, Luis Bracamontes, will remain alive.
“他将度过余生,”格雷罗对KCRA说。“无论他的生活多么可悲、多么糟糕,他依然活着。他依然在呼吸,”格雷罗谈到好友的凶手时说。“而丹尼却长眠地下。” 在此决定做出前,反对死刑的团体一直在游说纽森办公室,因为州长长期以来公开表示,他对该州死刑政策个人上存在矛盾心理。
“He’s going to live his life out,” Guerrero told KCRA. “And how pathetic and however his life is, he’s still alive. He’s still breathing,” Guerrero said of his friend’s killer. “And Danny’s in the ground.”Groups who oppose the death penalty have lobbied Newsom’s office leading up to the decision, as the governor has long publicly expressed his personal conflict over the state’s capital punishment policy.
保罗·威尔逊的妻子克里斯蒂是2011年加州西尔比奇一家美发沙龙枪击案中遇害的八名受害者之一——这是橙县历史上最致命的枪击案。他说,他希望妻子的凶手被判处死刑,而不是无期徒刑。
Paul Wilson, whose wife Christy was among eight people killed in 2011 at a salon shooting in Seal Beach, California – the deadliest shooting in Orange County history – said he wanted his wife’s killer to receive the death penalty instead of the life sentence he was given.

“在那一刻,别无选择。除了死刑,没有任何惩罚能让我感到欣慰,”威尔逊说。
“At that moment, there was nothing other. There was zero punishment that would have made me happy except the death penalty,” Wilson said.
但在经历了漫长而复杂的审判,并目睹死刑犯家属在多年痛苦的上诉中挣扎之后,他改变了想法。
But after a long and complicated trial and witnessing families of victims of death row prisoners suffering through years of painful appeals, he has changed his mind.
威尔逊表示,他一直在与废除死刑的运动合作,并在今年早些时候与纽森办公室的几位工作人员进行了一场倡导宽恕的对话。“我非常感激纽森,”他说。
Wilson said he has been working with a campaign to end the death penalty and participated in a conversation advocating for clemency with several staffers at Newsom’s office earlier this year. “I’m very grateful to Newsom,” he said.
受害者家属、执法部门和民权领袖组成的联盟也在周四赞扬了这次大规模减刑。
A coalition of victims’ families, law enforcement and civil rights leaders also commended the mass commutation on Thursday.
其中包括前洛杉矶县检察官吉尔·加塞蒂,他曾支持死刑,并称其办公室在纽森决定影响的部分案件中曾寻求死刑判决。
Among them was former Los Angeles County District Attorney Gil Garcetti, who previously supported the death penalty and said his office sought death sentences in some of the cases affected by Newsom’s decision.
加塞蒂在声明中说:“我现在看到死刑是一项失败的政策,削弱了真正的公共安全解决方案。”他补充道:“州长在平衡正义并确保那些死刑被减免的囚犯余生在监狱度过方面做出了正确的选择。”
“I now see that the death penalty is a failed policy that detracts from real public safety solutions,” Garcetti said in a statement. He added, “The governor has made the right choice in balancing justice and ensuring that those inmates whose death sentences are commuted will spend the rest of their lives in prison.”
在死刑争论中最具影响力的人物之一布莱恩·斯蒂文森谴责死刑是“一种有缺陷、昂贵且错误频发的做法,辜负了我们所有人。”斯蒂文森是《正义之路》的作者,也是平等正义倡议的创始人兼执行董事,他说:“我赞扬纽森州长的这一历史性举动,并希望其他州的民选官员效仿他的榜样。”
One of the most high-profile faces in the conversation surrounding capital punishment, Bryan Stevenson, condemned the death penalty as a “flawed, expensive, and error-filled practice that fails us all.”“I commend Governor Newsom for this historic act and hope that other state elected officials follow his lead,” said Stevenson, who is the author of “Just Mercy” and founder and executive director of the Equal Justice Initiative.