Attorneys for Richard Allen Davis, the man convicted of kidnapping and murdering 12-year-old Polly Klaas in 1993, is asking for his death sentence to be overturned.
Zach FuentesRichard Allen Davis, the man convicted of kidnapping and murdering 12-year-old Polly Klaas, is asking for his death sentence to be overturned.A Friday hearing was held for a judge to decide whether Richard Allen Davis is eligible for a resentencing.The kidnapping and murder of 12-year old Polly Klaas captured the world's attention.She was taken at knife-point from her own bedroom at a slumber party.
"Richard Allen Davis not only was convicted of murdering Polly Klaas, but he had enhancements for having prior prison sentences," said legal analyst Steven Clark who has followed the case from the beginning and was in court for the most recent hearing. "They've used a new law, a new trick, to re-litigate this thing, to bring it back into the public view. To bring it back into my mind," he said.
Though the case is being heard in Santa Clara County, the DA's office in Sonoma County, where the crime was committed, is the one fighting it."What the prosecution argued is that this legislative intent never applied to the death penalty," Clark said. "What they're saying is, there's rules to get around the death penalty, but that's through the habeas corpus procedure, not an end run by utilizing this new resentencing guideline.
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