Category Archives: Three-Strikes-And-You’re-Out

What Should Have Happened – Polly Klaas

On October 2, 1993 Polly and the two girls who spent the night at her slumber party woke up at about 9:00 am, rolled up their sleeping bags, washed up, brushed their teeth and ate blueberry pancakes for breakfast. They’d been up the night before playing Nintendo and a favorite board game called Perfect Match. After Kate and Gillian left about an hour later Polly helped her mom Eve and half-sister Annie pack for their weekend trip to Monterey, about three-hours down the coast from their home in Petaluma, CA. On the way to the car Polly locked the back door, which had been left unlocked the night before. Polly was spending the weekend with her dad in Sausalito

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This should have happened because Richard Allen Davis was properly denied parole at a hearing three months previously. Davis was a known threat to society. When he was a child Davis tortured and killed animals. During the course of his extensive criminal history he was sentenced to more than 200 years behind bars. In 1978 he was diagnosed as a sexually sadistic psychopath. He chose to victimize women who were isolated and alone.
On June 27, 1993 Davis was paroled after serving less than half of a sixteen-year-sentence for kidnapping, pistol whipping, and robbing $6,000 from his victim. During August and September 1993, many people in Petaluma crossed paths with Richard Allen Davis. On September 27, Daryl Stone went to Wickersham Park, diagonally across the street from Polly’s house. He passed within twenty feet of Richard Davis who was sitting on a park bench with a heavy set, ruddy complexioned woman about a hundred and fifty yards from Polly’s house. Davis was wearing dirty jeans and a sweatshirt with cut sleeves. They were drinking liquor from a bottle in a paper bag, talking loudly. Their demeanor and attitude disgusted Stone. He did not want to be in the park with the crude couple, so he went home, one block away.
What should have happened is that he called the police who then dispatched a patrolman to the scene. Because the interaction was prompted by a citizen complaint the officer had probable cause to run a criminal history on the crude, disheveled drifter whose arms were covered in prison tattoos. The officer arrested him on the spot because Davis, who did not live in Petaluma, was in violation of his parole. The career criminal was returned to San Quentin prison to serve out the remainder of his sentence for kidnapping and pistol whipping his previous victim.
California lawmakers, unconcerned with public safety, released Davis from prison in 2001. Three months later Davis was loitering in Sausalito, California’s Dunphy Park. He had been spending quite a lot of time in that park lately because he had his eye on a pretty and carefree twelve-year-old girl who passed by daily. It was a balmy spring afternoon when he stole a bicycle that belonged to one of a group of boys that were fishing along the shoreline. He was immediately arrested.
Given the nature of his criminal history the Marin County District Attorney decided to prosecute Davis under California’s Three-Strikes-and-You’re Out penalty enhancement statute. Davis was convicted and sentenced to twenty-five-years to life in prison. He died before his sentence was completed.

This is what should have happened. Too bad reality got in the way and no one was held accountable and hearts were broken. Life goes on.