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| Jurists Vote to Overturn Davis' Veto of Parole |
| By LA Times |
| Published: 01/22/2002 |
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A California state appeals court has ruled that Gov. Gray Davis does not have absolute power to overturn a parole recommendation made by the state Board of Prison Terms. The court held 2 to 1 that Davis exceeded his authority in rejecting the board's recommendation to release Robert Rosenkrantz, who has been imprisoned 15 years for second-degree murder. Davis' attorneys had contended that under Proposition 89, passed by California voters in 1988, the governor had veto power over board decisions. 'The flaw in the governor's argument [is] the assumption that, in adopting Proposition 89, the voters elevated the governor's authority to review parole decisions to an absolute and unreviewable height,' Justice Miriam A. Vogel of the 2nd District Court of Appeal wrote for the majority. 'There is no support for the governor's assumption.' The majority upheld a June ruling by Van Nuys Superior Court Judge Paul Gutman that Davis had unlawfully denied parole to Rosenkrantz, who is incarcerated at the California Men's Colony in San Luis Obispo. Gutman said the governor had shown no evidence that Rosenkrantz represents a continuing threat to society, and ordered him freed immediately. |
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