Polly Klaas’ killer wants his death sentence overturned

Nearly 30 years after being sentenced to death for kidnapping and killing Petaluma resident Polly Klaas, Richard Allen Davis is arguing that because of a recent criminal justice reform law his sentence should be overturned.

Davis, according to prosecutors, is basing his request on Senate Bill 483, which Gov. Gavin Newsom signed into law in 2021 and took effect in 2022.

The law invalidates sentencing enhancements for prior convictions involving certain nonviolent felonies and drug matters. Eligible cases were to be reviewed and those defendants would be resentenced if deemed appropriate.

Davis is trying to apply the law to his entire sentence — a move prosecutors called “nonsensical” in their opposing arguments, which have been filed in court.

“He requests that the court grant him an entirely new penalty phase jury trial, a remedy that is clearly outside the scope of relief under (SB483),” Sonoma County Deputy District Attorney Sarah Brooks wrote in the opposition brief.

Court records list Davis’ attorney as Joanne Lynette Diamond, who’s identified by the State Bar of California as a federal public defender out of Las Vegas.

She did not return a Press Democrat request for comment Thursday.

A hearing is set for 9 a.m. Friday in Santa Clara County Superior Court in San Jose, where Davis’ trial was held due to intense publicity in Sonoma County, which triggered a change of venue. He was convicted of first-degree murder, kidnapping and eight other counts in 1996.

He is on death row at San Quentin Rehabilitation Center in San Quentin.

“If my family can be subjected to the possible recall of the capital sentence of a condemned murderer who, prior to murdering Polly, had multiple convictions for violence towards women and was diagnosed as a sexually sadistic psychopath, then any victim’s family who thought that justice was served in the courtroom is in for a shocking new reality,” Polly’s father, Marc Klaas, said in a statement.

Friday’s hearing was scheduled after Davis filed his motion to recall his sentencing on Feb. 13, according to the Sonoma County District Attorney’s Office.

Polly Klaas was kidnapped from her Petaluma home on Oct. 1, 1993, drawing hundreds of volunteers and nationwide attention to the Sonoma County city.

The 12-year-old was taken at knife-point during a slumber party at her home with two friends. They were tied up before Davis fled with Polly Klaas.

He was arrested in November and, on Dec. 4, 1993, confessed and led authorities to an area off Highway 101 near Cloverdale where he left Polly's body.

In the aftermath of the girl’s killing, California enacted its “three strikes” law, which added life in prison as a penalty for anyone convicted of a violent felony if their history included two serious violent crimes.

Polly’s father, Marc Klaas, established a foundation to promote child safety and advocate for young crime victims and it operated for about 30 years.

You can reach Staff Writer Colin Atagi at colin.atagi@pressdemocrat.com. On Twitter @colin_atagi