Posted on August 12, 2019 by Alan Senauke
Justice Denied for Jarvis Masters
On August 12 the California Supreme Court turned down the habeas corpus petition of Jarvis Jay Masters, an innocent man on California’s Death Row since 1990. This represents the likely conclusion of legal appeals in the California court system by Jarvis. Further appeal will be made in the Federal court system.
To say this is disturbing and disappointing doesn’t begin to express what many of us feel. More to the point it is a profound injustice. In his “Letter from Birmingham Jail” Martin Luther King, Jr. wrote: “Justice too long delayed is justice denied.” In this case, one could assert that Injustice delayed is injustice affirmed.
Jarvis’s lawyers filed his habeas petition in 2005. It has been languishing, unaddressed by the California Supremes for near fifteen years. Among the relevant issues in this brief were: prosecutorial misconduct, newly discovered evidence, and ineffective counsel.
At the conclusion of his Concurring Opinion Justice Liu writes:
…We have no occasion in this posture to consider whether, in light of the trial evidence as well as the reference hearing and findings, we can be confident of the verdict beyond a reasonable doubt. Nor do we have occasion here to consider whether, in light of all relevant circumstances, the fact that Masters was sentenced to death — while his codefendants were not — may be indicative of arbitrariness in the application of the death penalty.
To quote the Opinion directly, “…Masters has demonstrated that these witnesses generally are liars, but he does not offer any persuasive reason to credit their recantations over their trial testimony.” It seems terrible and strange to my non-lawyerly eye that the court would allow a man to be sentenced to death while questions regarding a verdict beyond a reasonable doubt and “arbitrariness in the application of the death penalty“ remain on the table.
This is justice denied.
—Alan Senauke
12 August 2019
For more information about Jarvis, his writing, and his case, see: https://www.freejarvis.org/
Here is a link to the Court’s opinion: https://www.courts.ca.gov/opinions/documents/S130495.PDF
I have only recently become aware of Mr Masters’ case and am deeply sadden d and troubled to learn that the petition for a habeas corpus review has been refused. Whatever the procedural or legalistic justifications for this decision it does not seem to remotely reflect a spirit of justice or compassion. I would want mr masters to know that he is thought about and held in mind by people all across the world, though our paths may never cross directly. I hold onto the hope that there are other avenues to explore. With profound good wishes.