Family Criticizes Newsom Commutations
The father of a 2010 murder victim says the governor lacked the decency to notify families before freeing 548 prisoners.
By Sanjay Caldwell ·
Governor Gavin Newsom will commute the death sentences of 548 California prisoners, a move that has drawn sharp criticism from the family of Sam Herr. Steve Herr, the father of the 2010 murder victim, described the decision as a cowardly act after learning of the plan through a reporter.
The Orange County family joined district attorneys across the state in condemning the move. Steve Herr said he has visited his son's grave at the National Cemetery in Riverside every week for 16 years. He noted that the decision affects him considerably and that he believes he speaks for most affected families.
Daniel Wozniak was convicted in 2015 of killing Sam Herr and Julie Kibuishi. Prosecutors stated that Wozniak, who was deeply in debt, schemed to kill Herr to steal $50,000 saved from his service in Afghanistan. The murders occurred more than five years before the conviction.
Steve Herr sat through a week-long trial after learning his son was shot to death in a theater on a military base. Sam's remains were later found at the El Dorado Nature Center in Long Beach. Herr said the family is reliving the trauma of the trial until a jury found the murderer guilty and sentenced him to death.
The Orange County District Attorney's Office, which successfully prosecuted Wozniak, called the governor's decision an absolutely unconscionable act. Kimberly Edds of the office told NBC Los Angeles that the move is a mercy for the wolves while inflicting maximum pain on the sheep.
Herr argued that Newsom could have addressed the families personally instead of announcing the commutations without notice. He stated that the decision overrules the will of Californians who voted for the death penalty. Voters rejected proposals to abolish the penalty in Proposition 34 in 2012 and Proposition 62 in 2016.
Some victims' families support the commutations. They held a virtual news conference this week urging the California Supreme Court to act quickly. State law requires a review of cases involving multiple felonies before clemency can be granted.
