As Xavier Becerra rises to the front of the crowded field to succeed term-limited Governor Gavin Newsom, his tenure as California’s attorney general is facing renewed scrutiny. Records from his time as the state’s top prosecutor reveal that his office continued a controversial legal strategy: pushing the state Supreme Court to artificially inflate a Black man’s IQ score to maintain his eligibility for the death penalty.
The case, which centered on Robert Lewis—a man originally sentenced to death in 1991—highlighted a persistent effort by the attorney general’s office to challenge claims of intellectual disability. Defense attorney Robert Sanger, who represented Lewis, noted that the state’s pursuit of the execution persisted even after the defense argued that Lewis met the criteria for intellectual disability, which would have rendered him ineligible for capital punishment under established constitutional protections.
“I was kind of feeling like it would be a good time for the AG to say, ‘OK, we tried and he’s intellectually disabled. We got that determination made. Let’s just let it go,’” Sanger said. “Instead, it went all the way to oral arguments in front of the [state] Supreme Court.”
A Legacy of Contested Prosecutorial Strategies
The effort to maintain Lewis’s death sentence was not a new initiative under Becerra; it was a continuation of a strategy employed by his predecessor, Kamala Harris. During her term as attorney general, her office was the first to ask the courts to allow for the adjustment of IQ scores in a manner that critics argued was racially biased and scientifically unsound. When Becerra took office, his deputies continued to defend this position in court.
The legal battle concluded in 2018 when the Supreme Court of California overturned Lewis’s death sentence. Two years later, the state legislature passed a measure to explicitly ban the practice of adjusting IQ scores based on race in death penalty cases. For many advocates, the case served as a litmus test for the priorities of the state’s Democratic leadership during a period when the party was beginning to pivot away from capital punishment.
Natasha Minsker, who leads the California Anti-Death Penalty Coalition, argued that the case reflects a broader pattern. “On the one hand, he’s part of a long line of Democratic attorney generals who have taken this approach of, ‘It’s not my problem,’ not accepting responsibility for what their criminal attorneys are doing in court,” Minsker said. “it just demonstrates where their true priorities and values are.”
Criminal Justice and the Campaign Trail
Becerra’s campaign for governor has largely focused on his work in the Biden administration as Secretary of Health and Human Services, as well as his decades in Congress. While he has expressed personal reservations about the death penalty—having voted for a 2016 ballot measure to abolish it—his record as attorney general remains a point of tension. Even after the 2019 moratorium on executions imposed by Governor Newsom, Becerra’s office continued to argue for the preservation of death penalty sentences during the COVID-19 pandemic.
The candidate’s current platform focuses on building affordable housing, addressing homelessness, and disaster preparedness. Criminal justice reform is not a featured pillar of his website, though he has indicated in responses to civil rights organizations that he supports ending punitive sentencing practices and increasing public access to police records.
However, his past ties to law enforcement unions continue to draw attention. During his time as attorney general, Becerra received over $300,000 in campaign contributions from law enforcement unions. In 2019, he faced criticism from California newspaper editorial boards for resisting transparency laws, and at one point threatened to pursue criminal charges against journalists if they did not destroy a list of police officers convicted of crimes.
Transparency and Public Trust
The challenges to Becerra’s record also include his handling of police accountability cases. In 2020, he opposed a bill that would have required independent state investigations into police-involved killings. This followed his earlier decision not to conduct an independent investigation into the death of 22-year-old Sean Monterrosa, who was shot by a police officer. The office did, however, later launch an inquiry into the destruction of evidence related to that case.
For some, these decisions have created a trust deficit. Michelle Monterrosa, the sister of Sean Monterrosa, has stated publicly that she does not support Becerra’s candidacy, questioning his commitment to systemic reform when his previous actions often aligned with the interests of law enforcement agencies.
| Timeline Event | Status |
|---|---|
| Robert Lewis Death Sentence Overturned | 2018 |
| California Execution Moratorium | 2019 |
| Ban on Race-Based IQ Adjustments | 2020 |
| Current Gubernatorial Race | Ongoing |
Looking Ahead
As the gubernatorial race intensifies, Becerra faces competition from a diverse field, including Republican candidate Steve Hilton and hedge-fund billionaire Tom Steyer. While his opponents emphasize their own approaches to public safety, the scrutiny surrounding his past prosecutorial decisions remains a significant undercurrent in the campaign. Supporters point to his extensive legislative and executive experience, while critics maintain that his record as the state’s chief law enforcement officer requires a more direct accounting.
The next major checkpoint for the candidates will be the upcoming series of televised debates, where voters expect more clarity on how Becerra intends to balance his past record with the progressive reforms now favored by a large segment of the California electorate. We invite readers to share their perspectives on these issues in the comments section below.
Note: This report is for informational purposes and reflects public records regarding past legal proceedings and campaign filings. For the latest updates on the 2026 California gubernatorial election, visit the California Secretary of State’s official election portal.
