District attorney seeks death penalty despite hurdles
In 1973, 11 year old Linda O’Keefe was walking home from summer school in Newport Beach when she disappeared. She was found dead one day later. The case remained unsolved for more than forty years — until February 2019, when James Alan Neal was charged with her murder. Now, prosecutors are seeking the death penalty for Neal — and they may be blocked from doing so.
The death penalty is a complicated topic for many Californians, eliciting strong opinions from those who are for and against this punishment. This case is unusual because it involves a prosecutor in 2019 attempting to apply the death penalty to a crime that occurred in 1973 — when the death penalty was unconstitutional in California.
In February 1972, California’s Supreme Court ruled that capital punishment (the death penalty) was effectively cruel and unusual punishment. As such, it violated the constitution. California did not have a death penalty for several years until state lawmakers passed a statute in 1977, and voters approved the measure in 1978. California resumed executions in 1992. It has not executed a prisoner since 2006. Notably, in 2014, a federal judge ruled that California’s death penalty system is unconstitutional because it is arbitrary and plagued with delay.
The issue with seeking the death penalty for Neal is that California, like other states, prohibits ex post facto laws. Ex post facto laws are those laws that retroactively change the legal consequences of actions that were committed before the law was enacted. In criminal law, an ex post facto law may make an action criminal that was legal was committed, or change the punishment for a crime. In this case, by applying current law to a crime that occurred in 1973, the state would be imposing a higher penalty for a crime than what existed at the time of the crime. Because the death penalty did not exist at the time of the crime in 1973, the prosecutor cannot seek it now. According to an experienced Orange County criminal defense attorney, Article 1, Section 10 of the United States constitution prohibits states from passing ex post facto laws.
Nevertheless, the Orange County District Attorney has stated that it will still consider the death penalty in this case, given the nature of the crime. It remains to be seen whether the state will actually seek the death penalty — and what challenges will arise if the state does request the death penalty in this case.
At the Chambers Law Firm, our Orange County criminal defense attorneys are adept at handling a range of cases, including those involving the death penalty. We will fight for your rights and your freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment.
