Judge denies stipulation death row killer is disabled

A Superior Court judge has denied an LA district attorney's stipulation to commute a convicted killer's death sentence to life imprisonment in a case stretching back decades.

Los Angeles County Superior Court Judge Roger Ito of Norwalk ruled Dec. 3 against the stipulation brought by the district attorney's office on behalf of Samuel Zamudio, 57, who was convicted in 1998 of murdering Elmer and Gladys Benson. The stipulation would have conceded Zamudio has an intellectual disability, making him ineligible for execution. People v. Samuel J. Zamudio, VA036217 (L.A. Sup. Ct., filed July 10, 1996).

Ito declined to adopt the stipulation, citing a lack of compelling evidence of Zamudio's disability, according to the attorney representing the victims' family, Kathleen M. Cady of Dordulian Law Group.

The Glendale attorney called the evidence of Zamudio's disability "extremely slight and very little."

The district attorney's stipulation, filed with the court on Nov. 30, stated Zamudio "suffers from subaverage general intellectual functioning" that precludes his execution according to precedent set in Atkins v. Virginia, 536 U.S. 304 (2002). The document cited 35 exhibits, including medical, mental health, education, court and jail records supporting the claim of disability.

However, Cady cast doubt on these claims, pointing out that Zamudio had previously worked as a police officer and in other jobs before his conviction.

"Based on all of the evidence as I know it there is not sufficient evidence to believe that he's intellectually disabled," Cady said in an interview.

Ito set further status and evidentiary hearings for next year, according to Cady. The ruling came after the District Attorney George Gascon's office declined to provide additional documents related to the case, Cady said.

Cady also suggested the deputy district attorney presenting the stipulation, Shelan Y. Joseph of Los Angeles, had done so in order to comply with Gascon's policy of not defending death penalty sentences.

Joseph could not be reached by phone or email for comment on this story.

"Our position, and when I say that I mean the victims' position, is that in Ms. Joseph's trying to concede on that issue, she wasn't really legally going into whether there was evidence to concede, but she was essentially just following Gascon's death penalty policy," Cady said in an interview.

Cady pointed to the withdrawal of the original prosecutor in charge of the case.

"I do know that that has occurred on several other cases, and it's my understanding that that has occurred in every single capital case that's up on habeas," Cady said. "Every other capital case that's up on habeas, the [prosecutor] has filed a motion to withdraw."

Cady said she expects the defense will take a writ on the case with the district attorney's office joining in.