SAN JOSE, Calif. (KRON) — Convicted murderer Richard Allen Davis’s attorneys were in a South Bay court Friday. They are attempting to have his death sentence reduced.
Back in 1996, a jury found Davis guilty of murdering 12-year-old Polly Klaas in Petaluma.
On Friday in a San Jose courtroom, his representatives argued that, based on new law, his sentencing enhancements should be dropped.
“I’m having to relive my daughter’s murder again, and that’s just so terribly unfair,” said Polly’s father Marc Klaas, who returned to Santa Clara County Superior Court Friday.
Davis, his late daughter’s convicted killer, did not.
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“I loved the prosecutor’s confidence,” said Klaas.
With his absence being court-approved, Davis’s defense requested the hearing, arguing his death sentence should be reconsidered based on new law that disregards previous sentencing enhancements.
Prosecutors say he is not eligible and, that the attempt to vacate a jury verdict is unwarranted.
“This individual has been given every consideration under the law from the moment he was arrested,” said Klaas. “And he’s failed in all of his attempts to get relief. To get resentencing. It’s even gone to the California Supreme Court. But here we are yet again.”
In 1993, Polly Klaas was kidnapped from her home in Petaluma during a slumber party. Two months later, Davis confessed to killing and burying the 12-year-old girl in a shallow grave near Cloverdale.
On Friday, a motion was filed by the defense to relitigate the sentencing. Another was filed by prosecutors disputing qualification.
The judge heard arguments but did not issue a ruling.
Marc Klaas never expected he would have to return to court for this case after Davis was convicted.
“I might have said something to the effect that, ‘This is finally over.’ Yet here we are 30 years later,” he said.
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