Development today, about the new fbi review of Hillary Clintons use of a private email server. What does this mean . How serious is it . And what impact do you think it will have on the president ial race at this point . Well, it has the potential, thuy, of being a gamechanger, because there was nothing else that was likely to change in the political landscape. You had the last debate a couple of weeks ago, and then it was going to be sort of the charge until election day. The other reason i think this could be a big issue, a big deal for the campaign, is that, number one, its something that donald trump has been pounding on all campaign long, an issue that hes been using practically every day. And also, it plays on two things about Hillary Clinton that are already known vulnerabilities. Polls show that people think that she is less honest, less trustworthy, than donald trump. So, now this issues coming up. Legally we dont know how big a deal it is. We dont know what this new evidence is, but you can bet that donald trump is going to be pounding away on it for the next 10, 11 days. And in many ways, Hillary Clintons going to be on the defensive. So, could this be not only a lifeline to donald trump but also, potentially to the Republican Party . We have a situation now where House Speaker paul ryan was in california this week trying to help out vulnerable republicans. Will it be enough to save vulnerable republicans like darrell issa of Southern California and jeff denham from the Central Valley . Thats right. Thats been the big fear of republicans, the effect as the polls recently have shown as sort of a shift toward clinton and suggesting that she might be opening up a big lead and might be headed toward a big win. There has been concern about what this would do to the congressional candidates, the senate candidates, the gubernatorial candidates. You mentioned those two races in california. Darrell issas race has suddenly become competitive. Heres someone whos been in the house since 2000. And you could argue that hes got other problems going on now. Hes not run a great race. He waited a very long time to go up on television. Hes got a huge bank roll. He could have gone on tv in the summer and really buried his opponent in a big way, but he waited. Perhaps he waited too long, and now its a competitive race. Jeff, you mentioned the other race in the Central Valley, jeff denham. Hes had a little bit of a tougher race, a tougher history, but both of those competitive races coming up in a couple of weeks. All right. Certainly, the president ial race once again, another surprise. It seems like every week theres a surprise. Pbs news hours john yang, thank you very much for being with us. And now, a closer look at californias ballots. Since california reinstated Capital Punishment in 1978, nearly 900 death sentences have been handed down, but just 13 condemned inmates have been executed in that time. On election day, voters will decide on two dueling propositions to change the Death Penalty. One would abolish Capital Punishment, while the other is designed to speed up the process. Kqed Senior Editor of politics and government, scott shafer, has more. Reporter 13 years ago, this picturesque shoreline was a crime scene connected with one of californias most notorious murders. In april of 2003, a couple walking their dog at point isabel park in richmond found the body of modesto resident lacy peterson, washed up on the rocks. The discovery came four months after shed vanished from her home and just a day after the fetus of her unborn son was recovered less than a mile away. A few days later, her husband, Scott Peterson, was arrested and charged with murder. We felt this was the proper case for the Death Penalty because of the nature of the crime, which in this case was a very premeditated, cold, calculated murder of a young woman who was pregnant. Reporter after a trial that captured international attention, peterson was convicted and sentenced to die. Burgit fladiger was one of the lead prosecutors on the case. Shes now the District Attorney for the county. Sharon rocha, lacys mother, remembers the moment her former soninlaws death sentence was handed down. It was very overwhelming. I mean, youre sitting there, youre listening to a judge telling him that he will be put to death, but he didnt actually see if she wanted to die. He took it upon himself to do that. But he definitely deserves to be put to death. Reporter the same year peterson began his sentence at san quentin prison, another inmate reached the end of his. 51yearold williams is set to die by lethal injection in san quinton prison at one minute past midnight. Reporter the execution of Stanley Tookie Williams in 2005 became a cause celeb, renewing Media Attention and debate over the Death Penalty. Those who are without sin cast the first stone. He defended reporter the next year, a federal judge in san jose stopped executions over concerns about the states threedrug lethal injection cocktail. Even before that, the average time between conviction and a death sentence being carried out was about 20 years. San quentin, with more than 700 condemned inmates, now houses the largest death row in the western hemisphere. Continuing litigation keeps the death row inmates in a state of legal limbo. To impose death is a huge, huge step. Im okay that it takes a period of time so that everyone is sure. But you know, 10 or 20 years is too long. Reporter like most california District Attorneys, fladiger is supporting proposition 66 on the november ballot. It would retain the Death Penalty and speed up executions by limiting time allowed for legal appeals. It would also require more attorneys to take Death Penalty cases. I do think five years would be plenty to run the appellate process, especially if we have enough Defense Attorneys assigned to do the work that needs to be done. Reporter 11 years after he was sentenced, Scott Peterson still has no execution date. In fact, when i joined a media tour of death row late last year, i saw peterson playing basketball with other condemned inmates. As soon as he saw journalists, peterson stopped playing and turned his back to us. Its hard on the victims. Its hard on everyone else to see him living his life and carrying on. Thats not what his punishment was. His punishment was to be put to death, and i think it wastes a lot of money when they get to live for 30 years on taxpayers money. Reporter stacy boyers was one of lacy petersons best friends. 13 years after her friends death, shes still waiting for resolution as the appeals process drags on. Im to think well have an answer within two to three years. Reporter sharon isnt sure shell live to see peterson be put to death. If the date does arrive, however, she doesnt plan to attend. Its not something i want to observe. Knowing that it is done, thats enough for me. Reporter many supporters of Capital Punishment believe a death sentence brings a sense of relief and justice, but not all crime victims family members agree on that. Are you guys hungry or what . Reporter Dionne Wilson lost her husband to a Violent Crime more than a decade ago. In 2005, dan neami, a San Leandro Police officer, was answering a public disturbance call. He didnt know that one of the men he approached was on probation and would do anything to avoid going back to prison. Irving ramirez shot officer neami seven times. At the time, my first thought was he just needs to die. Thats it. And i wanted it to happen right then. Reporter but after ramirez received the death sentence, wilson says instead of feeling a sense of relief, she actually felt worse. I had always believed that getting a Death Penalty verdict would heal me. I believed all of the myths about it, that it kept communities safer, that it was a deterrent to crime, that it was cheaper than life without parole, and none of those things are true. 11 years have gone by, and now its the last thing i want. Reporter over the years, wilson has become an advocate for criminal justice reform. Shes a strong supporter of proposition 62, which would abolish the Death Penalty and replace it with life in prison without the possibility of parole. Like prop 66, it also requires that inmates work and pay restitution to their victims. Prop 62 isnt about coddling people who have murdered other people or have done horrible things. Its about how can we spend this money in a smart way, how can we prevent crime, how can we increase Public Safety by reinvesting these dollars. Reporter Jeannie Woodford presided over four executions while she was warden at san quentin. She feels the Death Penalty system is fundamentally flawed and should be ended. Its been determined that the state of california has spent 5 billion on the Death Penalty and carried out 13 executions. The 5 billion is above the cost of keeping those individuals in prison for life without the possibility of parole. We could utilize that money in much more effective ways. Reporter another argument in favor of prop 62 is that it would ensure the state never executes an innocent person. Were making mistakes when it comes to the life of an innocent human being. Reporter in september, the yes on 62 Campaign Held a press conference with 17 death row exonerees from around the country. The risk of executing somebody because of things we might not know, like dna, is just too high. The public often thinks, well now we have dna. But the truth is, theres dna in just a small fraction of the cases, so you really cannot know for certain that everybody whos sitting on death row is guilty. Reporter in 2012, voters rejected a ballot measure to ban Capital Punishment. Proposition 34 lost narrowly. And once again, polls show californians divided. What i would say to those who oppose the Death Penalty is how would you feel if it was your daughter and your grandchild or any of your loved ones who was murdered . If we do nothing, we continue to have a problem and a Death Penalty that doesnt work. If we abolish it, then weve just told all these crime victims families, oh, all that work and all that grief was for nothing. The whole system is so broken that there really is no repairing it. Lets follow much of the country and just end it. Reporter all sides agree, californias Death Penalty is not working. Voters will decide whether to try and fix it or scrap it altogether or reject both ballot measures and keep the status quo. And that was scott shafer reporting. Im joined now in the studio by two guests, former death row inmate shuja graham, who was exonerated in 1981. He supports abolishing the Death Penalty, and San Mateo CountyDistrict Attorney steve wagstaff, who supports expediting the process. Welcome to you both. Thank you for having me. Shuja, i wanted to begin with you. Can you please tell us about the crime you were convicted of, and then acquitted . And how has that experience on death row shaped your support for prop 62 . In 1973, november the 27th, i had been in prison for over three years at that particular time, on november 27th, 1973. An uprising happened in the prison that i was in and a human being was killed, and his name was jerry sanders. Myself and eugene allen was indicted by the grand jury, and for the next eight or nine years, we had to fight for our lives. And the first trial, the jury couldnt determine our guilt or innocence. Was then my second trial i was convicted and sentenced to die at san quentin after being on san quentins death row for a few years, the state Supreme Court of california overturned our conviction and it was there in my fourth trial third trial the jury couldnt determine my guilt or innocence and it was in my fourth trial i was acquitted and i left californias death row and i made a commitment to end Capital Punishment because i believe Capital Punishment itself doesnt help resolve or reduce crime itself. It only intensifies violence. You killed me and i kill you. I think we as a people can secure Society Without resulting to having to kill someone to prove that killing is wrong. If proposition 66, which would speed up executions, if it had been in effect back when you were in prison, do you think you would still be alive today . Oh, its hard to say. As youll remember, i started off in 1973, and my case after four trials it took me eight years to actually prove my innocence. Im just one of many that youve seen throughout the years that spend many years on death row and ultimately going through the appeals process, they was proven actually innocent. And peoples like myself wouldnt have had a chance if proposition 66 would have been in effect, because it eliminated our appeal process. So, San Mateo County d. A. Steve wagstaff, you support prop 66. Yes. Keeping the Death Penalty but speeding up the execution process. Even if the appeals process could be reduced from an average of 25 years to 5 years, which is what prop 66 calls for, how would that prevent innocent people like shuja from being executed . First of all, prop 66 does not limit it to five years. And i heard the District Attorney there who i know well, say that is what she would like to see. It does not do that. It simply says that were going to cut out some of the delay, period. It will not happen in five years, i guarantee you. Because one of our goals is absolutely that atrocities like what happened to him dont repeat themselves. He was convicted and sentenced under a law that no longer exists. Were under a new law now that came in in 1977 in california. And we want every single right we dont want to eliminate any right of the people who have been convicted of these crimes to exhaust every appeal they can. No elimination of appeals, because i agree, that would lead to injustice. We dont want that. What we want is to reduce the time. Ill give you the easiest example, and that is, on the last case we had in San Mateo County where death was returned by a jury in 2010, it was five years until an attorney was available to provide defense to this person on appeal. Well, thats five years of absolutely nothing happening. We want to try and eliminate that by this proposition as one of the things. How would you eliminate that, though . Prop 66 essentially requires more attorneys to accept Death Penalty appeals cases and then train them to handle those cases. Where will the money for that funding come from . How would you implement it . Well, the funding, of course, does have to come from our legislature. You know, what we have found in a variety of propositions in california 47 and many others is when they do put in mandatory stream of money, it doesnt happen. It simply doesnt happen. It will require the legislature to follow the will of the people, if they choose to pass prop 66 to give the funding for more lawyers and to do the training, because i dont want there to be attorneys who dont properly defend, who sleep through or are intoxicated or anything like that. Thats wrong, and i know we join together in opposing that. I want properly trained ones. I understand that, but i mean, if it passes, were putting into place a law where theres really no funding yet to carry it out. Does that make sense . Almost all initiatives are in that category, where they say to be implemented, it requires funding from our legislature in order to do it. And what has been found is initiatives that do include the funding prop 47s my example doesnt happen. Shuja, you were exonerated more than 30 years ago. And there are many cases like yours, but there are also those who are on death row who are indeed guilty. And for many victims, theyve stepped forward in support of keeping the Death Penalty, saying that to them, Capital Punishment is the justice that they need. Are you denying them that justice by calling for an end to the Death Penalty . No. I work with murder victim family members. My mother is a murder victim family member. Her brother was a Police Officer and he was murdered, and my mother absolutely opposed the Death Penalty. Closure, this thing they call closure is a myth. Ive worked with murder victim family members after the person was actually killed. They felt worse. They really dont have anyone to hurt. Just because you oppose the Death Penalty, dont want someone to be executed as a consequence of killing your loved ones, that dont mean you love them less. But i just think the Death Penalty is a bad public policy, and i think in order to evolve as a society, we must find other ways to deal with crime that is being committed in our Society Without having to execute our citizens. So, prop 62 seeks to deal with that by