Fierce

Kamala Harris’ Decision To Pass On Death Penalty For Gang Member Who Killed A Latino Officer Casts Shadow On Her Campaign

When Sen. Kamala Harris (D-Calif.) announced her candidacy for presidency in January, Democrats were conflicted. Some celebrated the possibility of our first female president of color. Others, however, were concerned about her complicated history around progressive issues in California, particularly on the death penalty.

Throughout Harris’ career, she has staunchly spoken out against capital punishment. In 2003, when she ran for San Francisco district attorney, she promised not to impose the death penalty. She won the seat, and the following year, then four months into the gig, she kept her promise in a case that has followed her into her bid for president.

A young Latino officer, Isaac Espinoza, was shot and killed by a gang member while on the job. As progressive as California is, it was unusual at the time to not seek the death penalty in cases where men in badges were the victims. But Harris held tight to her convictions, announcing in a press conference before Espinoza was buried that she would seek life without the possibility of parole, not the death penalty, for the suspect.

The San Francisco Police Officers Association was stunned, vocally lambasting Harris’ decision and never endorsing the candidate in any future election. Renata Espinoza, the widow of the late officer, was also upset.

“I felt like she had just taken something from us,” Espinoza told CNN in a recent interview. “She had just taken justice from us. From Isaac. She was only thinking of herself. I couldn’t understand why. I was in disbelief that she had gone on and already made her decision to not seek the death penalty for my husband.”

Losing the support of top Democrats in her state as well as most powerful law enforcement groups, Harris’ future in electoral politics seemed shaky at the time, but she insisted then, and today, that she “did what I believed was the right thing to do.”

That’s why it’s so confounding to Californians, both on the left and the right of the political aisle, that four years later, then state attorney general, Harris upheld the death penalty in Calfornia. In July 2014, a federal judge ruled that California’s death penalty system was unconstitutional because nearly half of the inmates on death row had been waiting for more than 19 years, uncertain of their future. The judge said the delay and confusion “violates the Eighth Amendment’s prohibition against cruel and unusual punishment.” His ruling, however, was appealed, as some believed it would open petitions for other inmates across the state and country. Ultimately, it fell on Harris to decide to let the opinion stand or appeal it. In a surprise to everyone, she chose the latter, refuting the judge’s language that the system for capital punishment is “arbitrary or random.” Ultimately, a politician who had built a career, and had it threatened, by her stance against the death penalty had the power to ban it in California and, instead, chose to uphold it.

For Espinoza, the appeal was a slap in the face. “It feels like, why are you changing your mind now? Why couldn’t you change your mind back then and put your feelings aside,” she said, noting that she was speaking up today “for voters to have a full picture of the candidate and her humanity.”

Despite criticism and confusion from Democrats and Republicans alike, Harris has insisted that her take on the matter has never shifted.

“I’ve been [opposed] my entire life and still am, for very good reasons,” Harris recently told Rachel Maddow.

She added: “We are talking about a system that creates a final punishment without any requirement that there be DNA to prove it … It is a system where it has been fundamentally proven to be applied to African American and Latino men and poor men disproportionately for the same kind of crime.”

The issue, which has followed her career as a district attorney, attorney general and senator, will undoubtedly shadow her into her presidential bid as well.

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