California AG Xavier Becerra Accused of Manipulating IQ Test to Pursue Execution

California Attorney General Xavier Becerra has faced criticism for his office's actions in a high-profile death penalty case involving Robert Lewis, a Black man sentenced to death in 1991. While leading the state’s legal efforts, Becerra’s office allegedly pushed the California Supreme Court to artificially inflate Lewis’s IQ to justify his execution. This move followed a long-standing practice under former Attorney General Kamala Harris, who had also sought similar outcomes in death penalty cases.

Lewis’s attorney, Robert Sanger, expressed disappointment with how Becerra’s office handled the case. “I was hoping the AG would recognize that intellectually disabled individuals shouldn’t be eligible for execution,” Sanger said. Instead, the case reached the state Supreme Court, where the court ultimately overturned Lewis’s death sentence in 2018. Two years later, the California legislature banned the practice of adjusting IQ scores based on race in death penalty cases.

Becerra is now a leading candidate for governor, with support from prominent Democrats and labor unions. However, his record on capital punishment has drawn scrutiny. Despite voting to abolish the death penalty in 2016 and expressing “serious reservations” about it, Becerra’s office argued to uphold Lewis’s execution. This stance contrasts with broader Democratic shifts toward abolition and highlights concerns about his commitment to criminal justice reform.

Critics argue that Becerra’s actions reflect a disconnect between his public statements and the practices of his office. Natasha Minsker of the California Anti-Death Penalty Coalition said, “It demonstrates where their true priorities and values are.” As the gubernatorial race intensifies, questions about Becerra’s role in this case and his overall approach to criminal justice continue to shape the narrative around his candidacy.