Campaign to Repeal California's Death Penalty - Central Coast News KION/KCBA

Sacramento, Calif. Wrongfully convicting and sentencing an innocent person is the focus of a new tv ad by the campaign to repeal California's death penalty. While the man featured in the ad was wrongfully convicted then exonerated twenty years later, a death sentence was never even a question in this case.

According to the campaign in favor of repealing the death penalty, its new ad featuring a man wrongfully accused of murder is to demonstrate the fallibility of our justice system. The campaign says it's possible that there are innocent people on death row and that's one reason why California voters should repeal the death penalty.

While the fact is true, the man in the ad was wrongfully convicted of murder by a jury of his peers, the campaign to keep the death penalty intact says this ad is mis-leading… that the man featured, Ricky carrillo, was never sentenced to death and never could have been.

Peter DeMarco is the No on Prop 34 spokesperson.   "Franky Carrillo was 16 years old when he was charged with his crime. California law prohibits any juvenile from earning a death sentence.

Ellen Eggers, California Public Defender and attorney for Frank Carrillo Board Member, Death Penalty Focus   "but keep in mind, if that crime, that drive by shooting, had happened 3 years later he would have been 19 and a drive by shooting would have been a special circumstance which would have enabled the da in that case to seek the death penalty."

The campaign to repeal the death penalty says that possibility and chance of innocence are reasons enough to do away with the death penalty. The campaign against repealing the death penalty says chance and possibility are not good enough reasons to completely change california law.

According to Governor Jerry Brown there are no innocent people on death row in the State of California.