A notorious child killer who broke into a slumber party in 1993 and blindfolded three girls before kidnapping and killing one of them could have his death sentence overturned.
Career criminal Richard Allen Davis, 69, was sentenced to death for the shocking murder of Polly Klaas in Petaluma, California.
The abduction of the little girl from her own home during a slumber party she was hosting, where she should have felt safest, caused international shock and disgust.
Davis strangled Klaas just hours after the gruesome kidnapping. He eventually confessed to the murder and was sentenced to death in 1996.
The killer had a long criminal past and had been released from prison for kidnapping a woman just months before the murder. Outrage over his lengthy criminal record led California to tighten sentencing laws for repeat offenders.
Since then, however, the growing prison population has led the state to move to eliminate sentence enhancements for prior convictions, which Davis said should now be applied to his sentence. He is seeking a new conviction in his case that could end his time on death row.
“It takes decades-old cases of extreme pain and throws it back in everyone’s face so we can give the criminal another chance. Where is my quid pro quo?’ asked Klaas’ father Marc Klaas Mercury news while disapproving of the change in law.
Child killer Richard Allen Davis, who broke into a slumber party in 1993 before kidnapping and killing 12-year-old Polly Klaas, has launched a bid to overturn his death sentence. He is seen giving the finger after being convicted of Polly’s murder in June 1996
Klaas and her friends were tied up and blindfolded before Davis kidnapped her and strangled her to death in a ditch
Klaas was enjoying a slumber party with two friends at her home in Petaluma, California (pictured) when Davis broke up with a knife in hand
The crime struck fear in the hearts of parents around the world when news of Klaas’s disappearance broke on October 1, 1993.
The child was with two friends when Davis burst into her Petaluma home with a knife in hand while her mother and sister slept in the next room.
He tied up and blindfolded the girls before kidnapping Klaas and strangling her in a ditch.
Police, unaware of the child’s disappearance at the time, eventually freed Davis’ car from the same ditch.
In the nearly two months that followed, the Petaluma community launched a frantic search for the missing girl.
Davis only emerged as a suspect after a neighbor found children’s red knit tights, a sweatshirt and a piece of white silky fabric that matched the binding used on the other girls.
Davis was arrested two days later, on November 30, and confessed to the murder, eventually leading police to Klaas’ body under a piece of plywood.
Several pieces of DNA evidence also linked him to the scene. He was charged with murder, kidnapping, burglary, robbery, assault with a deadly weapon and attempted lewd acts with a child.
Career criminal Davis, 69, was sentenced to death for the shocking murder
Outrage over his lengthy criminal record led California to tighten sentencing laws for repeat offenders
The intense publicity surrounding the case forced it to be moved to Santa Clara County.
Davis was ultimately sentenced to death in 1996 and gave the jurors the finger as the verdict was read.
He is currently still on death row, although all executions in California have been suspended by Governor Gaving Newsom.
The outrage surrounding Klaas’ murder led California to implement the “three strikes you’re out” law, which calls for life sentences for repeat offenders.
Since then, successive governors Jerry Brown and Gavin Newsom have issued laws that weaken measures to combat mass incarceration.
In 2021, Democrat Senator Ben Allen passed a bill that would retroactively implement the elimination of prior sentencing enhancements.
Davis’ lawyers argued in February that the rule change means he should be entitled to full reoffending as his initial sentence took into account four previous convictions for serious crimes and three previous prison sentences.
But prosecutors do not believe the law change would apply to the death penalty for the murder and say it would only affect a two-year prison sentence for other charges.
Marc Klaas, Polly’s father, has spoken out against the change in criminal laws
Allen has since stated that the law was “certainly not intended to overturn the death sentences of convicted murderers.”
“I agree with prosecutors on this issue of interpretation and hope they prevail in court,” he told the Mercury News.
Davis won’t be put to death anytime soon now that the state has halted executions, and given that California has only carried out 13 executions between 1972 and 2019.
Newsom signed an order suspending the death penalty and calling for the closure of the execution chamber at San Quentin State Prison and the repeal of the state’s lethal injection protocol.
However, the order does not alter the conviction or sentence of convicted persons.
“We were confident that the death sentence recommended by the jury and imposed by Judge Thomas Hastings would keep him out of society for the rest of his life,” Klaas’ father added. ‘We couldn’t have been more wrong!’
However, Klaas’ sisters Jess and Annie Nichol have become outspoken opponents of the three strikes law, pointing out that it has a disproportionate impact on minorities.
Marc Klass, father of kidnapping victim Polly Klaas, and his wife Violet Cheer search Polly’s belongings in her bedroom
Macintosh computer screen with reward poster, via internet bulletin board service, from Klass
Marc Klaas, father of Polly Klaas, hugs an unknown friend after Davis is sentenced
In 2021, they launched a podcast called A New Legacy, which focuses on alternatives to harsh punishments.
‘As Polly’s sisters, it is difficult to fathom how these laws have become our sister’s legacy, it states on their website.
“The beauty of Polly’s life should not be overshadowed by this widespread injustice.
Until now, we have been reluctant to engage in the criminal justice discussion, out of respect for the diverse perspectives within our own extended family.
‘Polly’s father worked hard to ensure that stricter sentencing laws were passed after her death. We love and respect him, and it was painful to disagree on something so personal to all of us.”