Press Release
FOR IMMEDIATE RELEASE
Date: 06/02/2009

Contact person(s):

Media Coordinator, Terry Menshek - (707) 565-3099 Media Spokesperson, Chief Deputy District Attorney Spencer R. Brady

Santa Rosa, Sonoma County, California

CALIFORNIA SUPREME COURT AFFIRMS
DEATH PENALTY CONVICTION FOR KILLER OF POLLY KLAAS

District Attorney Stephan Passalacqua announced that on June 1, 2009, the Supreme Court of California affirmed the death penalty conviction for the 1996 murder of 12-year-old Polly Hannah Klaas by Richard Allen Davis.  Davis was found guilty of first degree murder with special circumstances, as well as several other felony charges after a six-month jury trial.  The case originated in Sonoma County where the crimes were committed, but was later transferred to Santa Clara County for trial.  Davis was a career criminal with many serious and violent prior felony convictions for which he had repeatedly been sent to state prison. 

District Attorney Passalacqua stated, “I am very pleased that the Supreme Court of California has affirmed the convictions and death penalty for Polly Klaas’s killer.  Her brutal murder traumatized her family and this entire community.  I am especially gratified that the California Supreme Court affirmed the manner in which this office prosecuted the case.  There is no doubt that Richard Allen Davis received a fair trial and that justice was done in accordance with the law.”

On October 1, 1993, 12-year-old Polly Klaas was kidnapped from her Petaluma home by Richard Allen Davis, a wanted parolee and career criminal.  The kidnapping occurred during a slumber party with two of her young classmates.  Davis entered the home late at night brandishing a knife and threatening to kill the girls if they screamed.  He bound the girls and forced them to lie on the floor.  He demanded money and valuables.  He took Polly out of the room and left the house with her.  He took her to a remote location between Santa Rosa and Sonoma, on a rural hillside past the end of Pythian Road.  While there he assaulted and killed Polly.  When the murder was discovered, a massive search involving thousands of leads eventually lead police to Davis.  After his arrest, Davis admitted kidnapping and killing Polly.  Substantial physical evidence also tied him to the kidnap, assault, and murder.

After extensive pre-trial litigation in the Sonoma County courts, the trial venue was transferred from Sonoma County to Santa Clara County.  The trial lasted approximately six-months.  At the conclusion of the trial the jury found Davis guilty of first-degree murder, residential burglary, robbery, kidnapping, and an attempted lewd act against Polly.  The jury further found that Davis had four prior serious felony convictions and that he had served three prior separate prison terms. 

After the guilt phase of Davis’s trial, there was a separate penalty phase at which the jury returned a verdict of death.  The trial court denied defendant’s motion for a new trial and Davis was sentenced to death.  The case was automatically appealed.  On June 1, 2009, the California Supreme Court affirmed the judgment “in its entirety.”  The lead prosecutor was retired Assistant District Attorney Greg Jacobs.  Ronald Matthias, a senior assistant attorney general represented the state in the appeal before the Supreme Court.