California Court Rules That Governor Was Wrong to Deny Parole to Murderer
A few weeks ago, California’s high court ruled 4-3 that Governor Arnold Schwarzenegger had wrongly denied parole to a convicted murderer. The court’s decision stated that the governor must consider not only the nature of the crime, but must also demonstrate “some evidence” that the person in question is a danger to public safety, when overturning Board of Parole Hearings’ decisions.
This ruling comes in response to the Board of Parole Hearing’s decision to grant parole to Sandra Davis Lawrence, 61, in 2005. Lawrence had been convicted of first degree murder for killing her lover’s wife and served 23 years in jail. Because she had no record of discipline problems while in jail, expressed remorse for her crime, and showed no signs of being a public danger, the Board opted to grant Lawrence parole.
In 2006, Schwarzenegger attempted to veto that decision based on the nature of the murder, calling it “a cold, premeditated murder carried out in an especially cruel manner and committed for an incredibly petty reason.” The divided court ruled that while the crime is a factor in parole decisions, it should not disqualify parole grants to murderers who are serving out a life sentence.
Court rules governor wrongly denied killer parole, Associated Press, August 21, 2008
If you have been charged with a violent crime, then Victor A. Orsatti at the San Diego Law Center can help you understand your legal options. Contact Attorney Orsatti for a free consultation.
