RFK’s assassin Sirhan Sirhan is up for parole today. It’s the 14th time this has occurred, and the hearing is likely to go the way of all the rest and end in denial.
When I heard the news, my first thought was, “Why is this man still alive?” After all, he assassinated a presidential candidate in full view of a crowd of people.
The answer is that, although he was sentenced to death in his trial, the California Supreme Court declared the death penalty unconstitutional in 1972, before his execution had taken place. The way that sort of thing works is that, even though he was sentenced when executions were allowed, the ruling was retroactive. And even though executions were re-instituted in California in the late 70s, his re-sentencing to life in prison (with possibility of parole) during that small window of opportunity stands.
It is a common misconception that, because Sirhan was a Palestinian angry at RFK because of what he considered his pro-Israel stance, the assassin must have been a Muslim. He was not; he was a Palestinian Christian whose parents had left the area and brought him to this country when he was twelve.
Another thing I wondered when I researched this post is why Sirhan was tried under the state criminal system in California. I knew the crime was committed there, but I thought surely this would have been a federal crime as well (one of its results, by the way, is that presidential candidates are now afforded Secret Service protection). It turns out that it was not a federal crime at the time, and another result of Sirhan’s act is that the killing of a presidential candidate is now a federal crime, due to a law Congress passed after RFK’s death in 1971. This sadly extended an earlier law passed by Congress in 1965, in reaction to the shooting of his brother JFK:
When President John F. Kennedy was assassinated in Dallas in 1963, it was not a federal crime to kill a U.S. president. Had alleged assassin Lee Harvey Oswald been tried, the trial would have taken place in a Texas state court. In 1965, Congress passed a law, 18 U.S.C. 1751, making it a federal crime to kill, kidnap, or assault the President or the Vice President.
That’s one extension of the power of the federal government with which I have no quarrel.
[NOTE: What do George Plimpton, Rosey Grier, and Pete Hamill have in common? They, among others, wrestled Sirhan to the ground after the assassination.
Another fact I had completely forgotten—if I ever even knew it in the first place—is that five other people were injured in the shooting, although they all lived. They were “Paul Schrade, an official with the United Automobile Workers union; William Weisel, an ABC TV unit manager; Ira Goldstein, a reporter with the Continental News Service; Elizabeth Evans, a friend of Pierre Salinger, one of Kennedy’s campaign aides; and a teenager, Irwin Stroll, a Kennedy volunteer.”]