A California Law Is Overturning Murder Convictions Over 'Racially Coded' Language. This 'Tough on Crime' House Candidate Backed It.

In late 2022, a judge in California's Bay Area overturned the convictions of two gang killers. Her reasoning? Their prosecutors deployed the "racially coded" term "pistol whip" during closing arguments and quoted rap lyrics, written by one of the killers, that included the "n-word." The killers, once facing life sentences, could now be eligible for parole by 2030.

The appeal is one of a growing pile that has come courtesy of a 2020 California law, the Racial Justice Act, that demands judges reverse or toss sentences based on implicit or systemic racial bias. In other words, defendants can ask judges to throw out charges by arguing that "racism" was at play in bringing or proving those charges.

California's district attorneys' association opposed the bill before its passage, predicting that it would bog down courts and toss sentences of dangerous criminals. More than a dozen swing-district Democrats in the State Legislature opted not to vote for it. But Adam Gray, then representing Merced and Stanislaus Counties in the California Assembly, was not one of them. He voted for the Racial Justice Act, earning him plaudits from left-wing groups such as the California branch of the Council on American-Islamic Relations, which backed the bill and praised Gray and other supporters for their "social justice priorities."

Years later, Gray is painting his time in the State Legislature in a different light as he challenges Rep. John Duarte (R.) in a highly anticipated rematch for California's 13th Congressional District. (Duarte beat Gray by less than 1 point in 2022.) Gray is positioning himself in the race as a "tough on crime" candidate, a characterization that activists and attorneys are questioning given the Democrat's Racial Justice Act vote.

"If he voted for the Racial Justice Act, he's not a pro-law enforcement guy," said Michael Rushford, the president of public interest nonprofit Criminal Justice Legal Foundation in Sacramento. "The Racial Justice Act is among one of the worst and badly designed bills we've seen in a long time."

Riverside County district attorney Mike Hestrin's office is handling 25 active Racial Justice Act appeals, including 5 that are challenging settled convictions. Hestrin told the Washington Free Beacon that the law is "litigation intensive" and burdens prosecutors.

"It's litigation intensive, and definitely requires manpower," he said. "This may be well-intentioned, but yet again it's California placing burdens on the criminal justice system without understanding why, and without being clear about the goal."

Crime is a major issue in the November election for California voters, a significant majority of whom support a ballot initiative that would restore crackdowns on retail theft and drug crimes. Gray, who did not respond to a request for comment, is touting his public safety bona fides through a campaign ad that features endorsements from three local Republican law enforcement officials who call him "tough on crime."

The Racial Justice Act, however, has prompted criminals convicted for heinous crimes to challenge their sentences—including some on death row.

Earlier this year in Southern California, for example, an appellate court allowed two men to challenge their death sentences. One was convicted of multiple murders, including a drive-by shooting. The other was convicted of killing his pregnant girlfriend. Both are represented by the ACLU, which argues that county administration of the death penalty "is tainted by systemic racial bias."

The law was written by one of California's most progressive lawmakers and promoted by the ACLU, which rushed to help public defenders bring appeals after the law's passage. California's legislature in 2022 advanced a follow-up bill to expand the Racial Justice Act, though Gray voted against it.

Still, the Racial Justice Act wasn't Gray's only vote in the State Legislature that prompted pushback from law enforcement officials. Gray also backed a measure to punish officers if they fail to stop a colleague's perceived use of "excessive force" on a suspect, a policy that California's highway patrol said would put its officers in danger. Gray also voted to seal some criminal records, including for domestic abusers, and to end mandatory minimums for nonviolent drug crimes, which law enforcement officials said would lead to a rise in drug dealing.

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