Editing Richard Allen Davis (section)

==Conviction==
A [[Santa Clara County, California|Santa Clara County]] jury rendered a death verdict on August 5, 1996. After the verdict was read, Davis stood and made [[The finger|an obscene finger gesture]] at the courtroom camera with both hands. Later, at his formal sentencing, Davis read a statement during which he claimed that Polly had said to him, "Just don't do me like my dad," right before he killed her. However, no evidence supports that Polly had ever been sexually abused by her father, Marc. An enraged Marc attempted to lunge at Davis but was restrained by the bailiffs, leaving the courtroom to avoid causing further commotion.<ref name="bird"/>

Judge Thomas C. Hastings proceeded to formally sentence Davis to death, saying, "Mr. Davis, this is always a traumatic and emotional decision for a judge. You made it very easy today by your conduct."<ref name="bird">{{cite news|url=https://query.nytimes.com/gst/fullpage.html?res=9900EFDE153CF934A1575AC0A960958260&sec=&spon=|title=Before Being Sentenced to Die, Killer Disrupts a Courtroom|newspaper=[[The New York Times]]|location=New York City|date=September 27, 1996|page=A-16|access-date=June 18, 2013}}</ref>
In July 2006, Davis was found unconscious in his cell following an [[opiate]] overdose, but was resuscitated.<ref name="od">{{cite news|title=Polly Klaas' killer survives opiate overdose|url=http://www.katu.com/news/3632141.html|archive-url=https://web.archive.org/web/20120830231343/http://www.katu.com/news/3632141.html|agency=Associated Press|date=July 25, 2006|archive-date=August 30, 2012|access-date=August 4, 2012|url-status=dead}}</ref>

===Appeal===
On June 1, 2009, the [[California Supreme Court]] upheld Davis' death sentence. He had argued that his jailhouse confession was inadmissible because it was given without an attorney present. The court ruled this was justified by the public safety exception to ''[[Miranda v. Arizona]]''. His lawyer, Phillip Cherney, told reporters he intended to ask for a rehearing and that he would be lodging a [[habeas corpus]] appeal with state and federal courts.<ref name="appeal">{{cite web|title=Davis Death Sentence For Klaas Murder Upheld|url=http://www.ktvu.com/news/news/davis-death-sentence-for-klaas-murder-upheld/nKydn|archive-url=https://web.archive.org/web/20120830221050/http://www.ktvu.com/news/news/davis-death-sentence-for-klaas-murder-upheld/nKydn|publisher=KTVU|date=February 26, 2009|archive-date=August 30, 2012|access-date=August 4, 2012|url-status=dead}}</ref>

Davis remains on California's death row in the Adjustment Center at San Quentin State Prison.  However, his execution has yet to be set in accordance with the moratorium on capital punishment issued by California governor [[Gavin Newsom]].<ref>{{cite web|title=Richard Allen Davis: Where is the Killer Now?|date=September 22, 2023 |url=http://thecinemaholic.com/richard-allen-davis-now/}}</ref>