Convicted Murderer Seeks to Overturn Death Sentence for 12-Year-Old’s Killing After California Law Change

San Jose, California – Decades after the tragic kidnapping and murder of 12-year-old Polly Klaas in Petaluma, a convicted killer is seeking to have his death sentence overturned. Richard Allen Davis, who was sentenced to death in 1996 for Polly’s murder, had his lawyers argue for a new penalty phase trial based on recent changes to California law.

Davis’s legal team pointed to Senate Bill 483, which impacts sentencing enhancements for certain prior convictions, including nonviolent and drug-related offenses. They are pushing for this law to be applied retroactively to Davis’s case in hopes of changing his fate. However, a Sonoma County prosecutor contended that granting Davis a new penalty phase trial goes beyond the intended scope of the law.

The emotional toll of revisiting the case was evident as Polly’s father, Marc Klaas, expressed his disbelief at having to once again confront the horrific details of his daughter’s abduction, assault, and murder. Despite the passage of time, the pain and trauma of the events from 30 years ago still linger for the Klaas family.

Friday’s court hearing in Santa Clara County served as a platform for legal arguments and emotional reflections on the enduring impact of Polly’s tragic fate. With Davis absent from the proceedings, the focus shifted to the potential implications of applying new legislation to past criminal cases.

As the judge deliberates on the complex legal issues at hand, the community awaits a decision scheduled for May 31. California’s complex history with the death penalty, including Governor Gavin Newsom’s 2019 moratorium, adds another layer of complexity to Davis’s ongoing legal battle. The outcome of this case could have far-reaching implications for not only Davis but also for how the state approaches justice in cases of heinous crimes.