This Piece Was Co-written by Donald A. McCartin
We are an unlikely pair -- not "The Odd Couple," but close. Forty-five years ago, one was a successful lawyer practicing in Orange County, the other an aspiring actor living there because his new wife taught at Laguna Beach High School.
The lawyer had lawsuits to handle, papers to be filed, people to be found, summonses and subpoenas to be served.
The actor, unable to count on work in show business, ran an attorney service that took care of the lawyer's business.
Both former Marines, we thus knew each other, if casually, for years.
Two decades later, the lawyer, then a judge of the Superior Court, had sentenced more men to death than any other in his jurisdiction. He was known as "the hanging judge of Orange County."
The actor had gotten lucky, becoming a member of the cast of "M*A*S*H," one of the nation's most beloved TV shows, and was an ardent and outspoken opponent of the death penalty.
Today, while coming at it from vastly different perspectives, the now-retired "hanging judge" and the actor, who chairs Death Penalty Focus, find themselves working together again, this time to close California's death chamber.
Don McCartin, having sentenced nine men to death and then watched as the system examined, re-examined and finally overturned all of his convictions while executing none of them, now believes the death penalty is a hideously expensive fraud. It tortures the loved ones of murder victims by dragging them through the years of complex appeals required by the U.S. Supreme Court in an attempt to protect the innocent.
He's aware of the constitutional dilemma created by the tension between the need to protect the rights of the accused in a death case and the desire for some form of justice to be done. But he's outraged that the mother of Robin Samsoe, a 12-year-old girl raped and murdered in 1979, is now required to sit through yet a third trial of the alleged killer almost 30 years later. A sentence of life without parole would have allowed her to go on with her own life so long ago.
Mike Farrell, having seen the harm done by this same system -- both to the innocent caught in it, sentenced to death and sometimes executed, as well as to the prosecutors, defense attorneys, investigators, judges, juries, guards, chaplains, killing teams and executioners tainted by it -- believes our entire society is harmed by the dehumanization process inherent in state killing.
"When stripping away the remaining shreds of one's humanity and killing him while helpless and defenseless is called `justice' by the leaders of our state and nation, a lesson is taught," says Farrell. "Unfortunately, that lesson is being played out today, not only in our cities, but by young Americans in Guantanamo, Abu Ghraib, Bagram and `black sites' run by the CIA across the world, again with the full authority and approval of those who pretend to leadership."
After 45 years, we -- the judge and the actor, first business associates, then adversaries -- now call on Gov. Arnold Schwarzenegger and the state Legislature to heed the findings of California's Commission on the Fair Administration of Justice after its two-year examination. We ask them to bring an end to the wasteful, hypocritical, demeaning exercise of capital punishment, and replace it with the safer, cheaper, fairer sentence of permanent imprisonment.
Donald A. McCartin is a retired judge of the Orange County Superior Court. Mike Farrell is president of Death Penalty Focus and author of "Just Call Me Mike: A Journey to Actor and Activist."
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.