|
|
| Court: California Gov. Can Block Parole of Murderers |
| By San Francisco Chronicle |
| Published: 12/24/2002 |
|
In a significant victory for Gov. Gray Davis, the California Supreme Court ruled that the governor has vast authority to block parole for convicted murderers, even if his own parole board says they should be set free. By a 5-2 vote, the justices held that the governor can deny parole as long as there is 'some evidence' to support his decision. The evidence can be limited to the crime itself, the court said, regardless of any rehabilitation by the inmate. With its ruling, the court rejected parole for Robert Rosenkrantz, a 35- year-old inmate serving 17 years to life in prison for the 1985 second-degree murder of a high school classmate who had revealed that Rosenkrantz was gay. The court's decision to uphold the governor's powers came despite protests from civil liberties groups and advocates for battered women that Davis has illegally adopted a blanket no-parole policy for convicted murderers. Of 160 prisoners convicted of murder and granted parole, Davis has approved the release of only two, both battered women who had killed their abusers. The justices concluded that the release of the two women was enough to prove that Davis is not following any set policy in reversing the Board of Prison Terms. 'Such reversals simply may indicate that the governor is more stringent or cautious than the Board in evaluating the circumstances of a particular offense and the relative risk to public safety,' wrote Chief Justice Ronald George in the majority opinion. While Rosenkrantz remains behind bars at the California Men's Colony in San Luis Obispo, his attorney said he plans to pursue appeals in the federal courts and the U.S. Supreme Court. Davis exercised his authority under a 1988 voter-approved measure giving the governor the authority to affirm, deny or modify parole decisions. Maryland and Oklahoma are the only other states that give governors similar authority. |
advertise
|
privacy policy
|
add URL
|
about us
|
terms/disclaimer
|
contact us
|
join our team
|
help
Comments:
No comments have been posted for this article.
Login to let us know what you think