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ECC NEWSLETTER #11 MARCH 2014 JUSTICE FOR ALL … · ECC has changed our mailing address to P.O....

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ECC NEWSLETTER #11 MARCH 2014 JUSTICE FOR ALL Page-1 HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details. Second Annual Lifer Celebration June 21 st 2014 Noon until 6PM Eccher & Chandler Consulting is happy to announce that we are hosting our lifer celebration. All lifers, families, and friends are invited to attend. Location: Boisseranc Park 7520 Dale St. Buena Park, CA 90620 The park is already reserved. It is on North Dale Street with the major cross-street La Palma Avenue. 1 mile from the I-5/91 Freeway Split. This is a beautiful park with 200-parking spots nearby, 2-playgrounds for kids, 4-tennis/handball courts, 3- basketball courts, swimming pool with 2-life guards, 2-large clean restrooms, dog- friendly, plenty of grass and shade trees. We have 26-tables and 125-chairs, bring a blanket and make it a picnic if you like! Buena Park is normally 80-degrees in June. No alcohol allowed in park. Sorry. FOOD: 400-pieces of Fried Chicken, 300-Tacos, 300-Smoked Sausages, 1000-bottles of water and cans of soda, potato salad, coleslaw, chips, fresh vegetables and fruit, plus plenty of sweets. Everyone is welcome regardless. If you would like to bring a dish or make a donation that would be appreciated to help offset the cost but it is not necessary in any way. JUST COME AND ENJOY THE CELEBRATION! Please RSVP name and number in your party to [email protected] or [email protected]
Transcript

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-1

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

Second Annual Lifer Celebration

June 21st 2014

Noon until 6PM

Eccher & Chandler Consulting is happy to announce that we are hosting our

lifer celebration. All lifers, families, and friends are invited to attend.

Location: Boisseranc Park 7520 Dale St. Buena Park, CA 90620

The park is already reserved. It is on North Dale Street with the major cross-street

La Palma Avenue. 1 mile from the I-5/91 Freeway Split. This is a beautiful park

with 200-parking spots nearby, 2-playgrounds for kids, 4-tennis/handball courts, 3-

basketball courts, swimming pool with 2-life guards, 2-large clean restrooms, dog-

friendly, plenty of grass and shade trees. We have 26-tables and 125-chairs, bring a

blanket and make it a picnic if you like! Buena Park is normally 80-degrees in June.

No alcohol allowed in park. Sorry. FOOD: 400-pieces of Fried Chicken, 300-Tacos, 300-Smoked

Sausages, 1000-bottles of water and cans of soda, potato salad,

coleslaw, chips, fresh vegetables and fruit, plus plenty of sweets.

Everyone is welcome regardless. If you would like to bring a dish

or make a donation that would be appreciated to help offset the

cost but it is not necessary in any way.

JUST COME AND ENJOY THE CELEBRATION!

Please RSVP name and number in your party to

[email protected] or [email protected]

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-2

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

THE BOARD APPOINTS ATTORNEYS FOR EACH PRISON The Board approved a revised Panel Attorney Appointment Process and Application for selection of State

appointed inmate attorneys for parole suitability and medical parole hearings at all state prisons across the state.

All attorneys, existing and newly interested, who wanted to be considered for appointment as a state appointed

attorney with the Board had to submit a new application to Board consisting of the following items postmarked

or emailed no later than December 31, 2013: (1) A current resume; (2) Proof of compliance with Minimum

Qualification #1: Proof of “active” status and “good standing” with the California State Bar and Minimum

Qualification #4: Attend the Board Orientation in October 2013 or January 2014; and, (3) A signed copy of the

signature page of the program description/application. Those candidates who submitted a completed

application by the deadline were eligible for entrance into the public lottery for selection of the Board’s state

attorney appointment list, which was held at the Board Executive Board Room on January 17th

, 2014. Based on

the updated Board Panel Groupings by Location, a total of 59 active attorney assignments were awarded. THE

ACTIVE LIST: Experience Awarded; Before the public lottery meeting, all candidates were ranked in order

of experience, which was established by calculating the number of full hearings (i.e., hearings resulting in a

grant, denial or stipulation) that each attorney conducted. The first half of the active attorneys selected and

awarded on each panel was filled in order of experience among the candidates requesting that panel. The

Lottery; The second half of the active attorneys selected on each panel were filled randomly among all the

candidates requesting that panel who were not previously selected. Listed below are the results of the process.

PELICAN BAY STATE PRISON HIGH DESERT & CAL. CORR. CENTER

Rutledge, Richard Garfinkel, Michele

Shawky, Tarek Morgan, Alexandra

CALIFORNIA MEDICAL FACILITY, CSP‐SOLANO AND SAN QUENTIN

FOLSOM STATE PRISON, CSP‐SACTO, MULE

CREEK STATE PRISON AND SACCO

Christensen, Candice Christensen, Candice

Gilbert, Katey Gilbert, Katey

Saunders, Laurie Brosgart, Kate

Taft, Geoffrey Judd, Sam

Brosgart, Kate Ogan, Uzoma

Ramey, Will Strauss, Lawrence Morgan, Erin

Hall, Jeffrey Maner, Douglas Crocette, Sabina

CALIFORNIA HEALTH CARE FACILITY,

SIERRA CONSERVATION CENTER AND DVI

VALLEY STATE PRISON AND CENTRAL

CORRECTIONAL WOMEN’S FACILITY

Taft, Geoffrey Gilbert, Katey O'Hara, Christopher

Iyayi, Daniel Maner, Douglas Iyayi, Daniel

IRONWOOD STATE PRISON AND

CHUCKAWALLA VALLEY STATE PRISON

CALIPATRIA, CENTINELA, AND RJD

CORRECTIONAL FACILITY

Ramirez, David Ramirez, David

Judd, Sam Judd, Sam

Gardner, Marc Akpenyi, Gertrude

Ibrahim, John Yahya Ramey, Will

Osula, Philip

Continued Next Page

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-3

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

CORRECTIONAL TRAINING FACILITY AND

SALINAS VALLEY STATE PRISON

PLEASANT VALLEY, SATF, CORCORAN, N.

KERN, WASCO, KERN VALLEY, & AVENAL

Christensen, Candice Harris, Leon

Ferguson, Peter Ferguson, Peter

Gilbert, Katey O'Hara, Christopher

Hurst, Marcia Sparks, Patrick

Ibrahim, John Yahya Rutledge, Richard

CALIFORNIA MEN'S COLONY Osula, Philip

Harris, Leon Haytas, Joseph

Ferguson, Peter Comeau, Elizabeth

Ojo, Geoffrey Hall, Jeffrey

Morgan, Alexandra Strauss, Lawrence

CAL. CORRECTIONAL INSTITUTION AND

CSP‐LOS ANGELES COUNTY

CALIFORNIA INSTITUTION FOR MEN AND

CALIFORNIA INSTITUTION FOR WOMEN

Harris, Leon Eisenstat, Jared

Ramirez, David Ibrahim, John Yahya

Morgan, Alexandra Hoffs, Jesse

ECCHER & CHANDLER CONSULTING CHANGE OF ADDRESS ECC has changed our mailing address to P.O. Box 50106; Irvine, CA 92619. Logistics were the only

reason for the change. Our old mailing address will still be available because the United States Postal Service

will forward our mail from the old address to our new address for 6-months. Thank you for your notation. We

look forward to receiving your inquiries at our new mailing address.

MARC ERIC NORTON ATTORNEY AT LAW

BOLD - COMPETENT - PASSIONATE

LEGAL REPRESENTATION ● Representing Term-to-Life Clients at Parole Suitability Hearings Since 2006

● Practice Exclusively Limited to Parole Hearing and Related Matters; Including Petitions for Writs of Habeas Corpus on Board Denials and/or Governor Reversals of Parole Grants, Plus Youth Offender Parole Hearings

~~~~ --“The Board’s psychologist rated me as Moderate/High Risk for violent recidivism, but Marc tore that report apart piece by piece and got me a parole date on November 8, 2012. Marc is the best lawyer I’ve ever seen.” Glenn Bailey, B-47535

--“Marc fought for me like I paid him a half million dollars!” Edwin “Chief” Whitespeare, CMF (R.I.P.)

--“I did not commit the murder I am in prison for. Marc made sure the Board followed the law and got me a

parole date on October 25, 2013;even with 4 victims next-of-kin fighting against me.” Tossie Bennett, Solano

~~~~

PO Box 162 Zamora CA 95698 phone: 530.669.7999 -- collect calls gladly accepted (please be patient)

email: [email protected] I have successfully argued for 86 findings of parole suitability for “lifers.”

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

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HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

IN RE KENNETH MICHAEL FERGUSON’S

ORAL ARGUMENTS: By Red/Gary Eccher On March 14, 2014, Marc Norton and I drove down to the Fourth Appellate District Court, Division One, in

San Diego for oral arguments regarding the In re Kenneth Ferguson case. McConnell, McIntyre and McDonald

were the Justices. Marc did a great job arguing the case. He opened with Mr. Ferguson’s impeccable life

history of 70-years with only one violent episode; his perfect prison record; volumes of psychological reports

supporting parole; and his previous court order granting his case against the Board. Justice McConnell

dissented in the previous opinion and again appeared to be in opposition. She opened with why does Mr.

Ferguson contend that he was denied an individualized consideration? Marc replied it was based on the

significant stress that Mr. Ferguson experienced from a 23-year marriage that dissolved down to nothing over

the last 6-years. Marc pointed out that the Board never even hinted this factor of suitability supported parole

during the decision. The Attorney General (AG) alleged in the Return that Mr. Ferguson was still currently

dangerous because he never acknowledged the extent of injuries inflicted upon his wife. Marc corrected this

assertion by reading Mr. Ferguson’s statement from the transcripts that refuted this allegation. When the AG

got his fifteen minutes to speak, which actually amounted to only five minutes because he did not even have any

notes and only spewed Shaputis II insight mantras and the modicum of evidence standard to be imposed, Justice

McIntyre reacted with, “Counsel, are you reading the same record I’m reading. What more does he have to say

to be found suitable?” The AG replied the Board has discretion to make that determination under Shaputis II.

After that the AG had nothing relevant to say from my perspective. Marc had five minutes to rebut and quickly

pointed out that the first court order unequivocally stated Mr. Ferguson had ample insight, remorse and

responsibility for the crime. Again, Justice McConnell chimed in with something about the victim being fearful

of Mr. Ferguson. Marc responded that the victim lives on the East Coast and Mr. Ferguson is paroling on the

West Coast so how is that a factor? Then Justice McIntyre followed with, “Can’t the Board make a special

condition of parole that Mr. Ferguson be restrained from contact with the victim?” to which Marc replied

absolutely. Justice McDonald said nothing at all and appeared amused with the commentary. From my

perspective Mr. Ferguson should win 2-1. Seeing how all three Justices appear to be Irish, a court order issued

on March 17th

granting the petition would be the luck of the Irish! FYI, Ferguson is Scotish-Irish.

RED/GARY ECCHER MARC NORTON

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-5

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

The Law Office Of

JARED EISENSTAT

Representing

LIFERS Since 1997

Partial List of my Clients

who have received PAROLE

GRANTS in the LAST YEAR Contact Me for:

Lifer Hearings Joseph Kizler E06881

Javier Sanchez H31982

Writs Robert Montenegro C68745

Antonio Alagria E22372

Appeals Del Young E84771

David Grant D24654

Three Strike Petitions Luis Morales E70707

Frank Mata E27520

other Lifer Issues Canuto Garcia D05421

Jose Martinez H98897 Leonardo Rosas J28005 Dennis Canjura J73444 Keasuc Hill E37208

References Available Upon Request Hae Lee H22780 William Crawford H05871

The Law Office of Jared Eisenstat

5222 East Los Altos Plaza

Long Beach, CA 90815

PHONE: (562) 415-8369

FAX: (562) 498-8127

EMAIL: [email protected]

TESTIMONIAL FROM A SATISFIED CLIENT

“I would urge anyone needing legal representation to hire Mr. Eisenstat. His vigorous defense

salvaged a parole hearing that wasn’t going well. Mr. Eisenstat calmly refuted the deputy

district attorney’s baseless allegations and portrayed me in a favorable light. Mr. Eisenstat was

the difference between another three year denial and my freedom. A very satisfied client,

William G. Crawford.”

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-6

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

$IN RE ROY BUTLER; (3-5-14); #A137273; CA1/2;

PUBLISHED; LEXIS 2014 CAL.APP. 211 Overview: The Court of Appeal granted the writ of habeas corpus, vacated the Board’s decision, and ordered a

new parole-suitability hearing. The court held that the decision to deny parole did not meet due process

requirements. The decision reflected consideration of only two unsuitability factors. First, lack of sufficient

insight into the murder, was not supported by any evidence. There is no basis in law for denying parole because

of a less than perfect articulation of insight that a prisoner has unquestionably achieved. It was unclear whether

the Board would have denied parole based only on the second reason (parole plans), given that the Board

directly related its concerns to its improper analysis on lack of insight, that the decision did not reflect

individualized consideration of all the relevant facts and factors, and that it included a flawed analysis of the

sufficiency of the parole plans. Further, the court doubted the Board would have denied parole based only on

parole plans, given the absence of any regulatory unsuitability factors and all of the suitability factors that

weighed in Butler's favor, including his long history without violence and his having already served more than

23 for a crime whose base term was as low as 16 and no more than 21 years. Relevant Facts: Butler pled

guilty to second degree murder in 1988 for his participation in the slaying of a man who had repeatedly,

physically abused two other people. He was sentenced to an indeterminate term of 15 years to life. The Board

has found him unsuitable for parole five times since he first became eligible in 1998. The most recent denial in

2012 was based on the dual grounds that he lacked insight into the murder and sufficient parole plans. The

Board’s first reason for denying parole was Butler's purported lack of insight into his life crime. They cited his

failure to adequately articulate the insights it was sure he had achieved. The Butler Court found the opposite

as follows. “The record is full of evidence that Butler had good insight into the life crime. As indicated by our

review of the record above, the five psychologists who evaluated Butler from 1991 to 2011 reported they were

satisfied that he had gained, and expressed, sufficient insights into his life crime. The latest psychologist to

interview Butler, Dr. Thacker, reported that since 1988, he had repeatedly, consistently taken responsibility and

expressed remorse for the crime. Dr. Thacker thought Butler ‘appeared to accept his role in the life crime,’ did

not minimize it, and, when he worked with correctional officers rather than engage in inappropriate tasks at the

urging of a group of prisoners, demonstrated ‘a change of his mindset toward authorities. Dr. Thacker also

concluded Butler had ‘spent time and energy exploring and attempting to understand the motivating factors in

the crime,’ and had ‘developed good insight’ into them. Butler discussed ‘his immaturity and ignorance as

factors influencing his involvement in the crime’ and, ‘[w]hen asked what factors would help keep him out of

trouble in the future, he responded ‘the way I think now … more productive, positive … not dysfunctional …

mature … I set goals and surround myself with people doing the same thing … my maturity.’ Dr. Thacker wrote

that Butler's ‘good insight’ into the motivating factors in the crime ‘included his tendency to go along with other

people and his general level of immaturity, his association with antisocially minded individuals, his antisocial

mindset in this situation … , as well as his antisocial mindset which included believing that police were not

helpful and, in fact could be harmful … .’ Further, the parties have stipulated as part of the settlement that ‘in a

comprehensive risk assessment of petitioner, dated September 26, 2011, Dr. S. Thacker concluded that ‘Butler

presented with good insight into his past criminal/violent behavior.’” The Butler Court found specifically that

“the Board’s decision does not indicate that it considered any of this evidence. Indeed, its decision indicates it

did not actually conclude that he lacked insight, but instead merely wanted him to further articulate it. Presiding

Commissioner Peck stated about Butler's insight into why he committed the crime: ‘I'm sure you recognize it,

but I would have liked not only for you to recognize it but to articulate it.’ (Italics added.) The Board’s

reasoning is baffling. There is no basis in law for denying parole because of a less than perfect articulation of

insight that a prisoner has unquestionably achieved.” Continued Page 12

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-7

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

FOR RENT.

IF YOU WOULD LIKE TO ADVERTISE

IN THE ECC NEWSLETTER PLEASE

CONTACT US FOR RATES BY EMAIL,

PHONE OR ADDRESS LISTED WITHIN.

BENJAMIN RAMOS Law Office of Benjamin Ramos

705 E. Bidwell, Suite 2-359

Folsom, CA 95630

(916) 358-9842 Writs Challenging Parole Denial/Governor Reversal¸

Lifer Hearings

www.lawofficeofbenjaminramos.com

Law Office of

ROSEMARY MBELU

25422 Trabuco Road, Ste., 105-444

Lake Forest, CA 92630

(310) 722-1197

YOUTH OFFENDER HEARINGS

EXPERIENCED SUITABILITY ATTORNEY

CLIENTS GRANTED PAROLE: Hector Torres;

Xuong Cam; Walter Walker; Martin Caldron;

Jesus Mulgado; Kim Crawford; Felipe Carrillo.

ALEXANDRA MORGAN Law Office of Alexandra Morgan

Parole Suitability Hearings, Writs, 1045A PTA,

and Youth Offender Parole Hearings

REASONABLE FEES--DISCOUNT FOR CIM

(714) 844-3118 [email protected]

160 Centennial Way Ste. 6, Tustin, CA 92780

ECCHER &

CHANDLER

CONSULTING

HELPING

EVERYONE

REGARDLESS

GARY ECCHER &

KEITH CHANDLER

P.O. Box 50106

IRVINE, CA 92619

PHONE: (714) 381-0694 (Gary)

(916) 869-1156 (Keith)

EMAIL: [email protected]

[email protected]

www.eccherchandlerconsulting.com

HABEAS CORPUS PETITIONS

V. BOARD & GOVERNOR & CDCR

CRIMINAL MATTERS

SENTENCING ERRORS

PLEA BARGAINS

INEFFECTIVE ASSISTANCE OF COUNSEL

BOARD & PSYCH PREPARATIONS

3-STRIKES PETITION TO RECALL SENTENCE

BPH 1045A PETITION TO ADVANCE HEARING

CDCR-602 APPEALS

WE ARE NOT ATTORNEYS

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

Page-8

HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

Eccher & Chandler Consulting (ECC) Newsletter is

published to provide everything from A to Z in prison

news from pre-post-conviction, to parole and life

thereafter. Our specialty is indeterminate life sentences.

In short, LIFERS-R-US, however, we help everyone

regardless. The ECC is not intended as legal advice, but

provides prison legal news, articles, comments, and the

like. This information is the opinion of the Editors of the

ECC, unless otherwise indicated. We are not attorneys.

The ECC is authored, published, and circulated by Gary

Eccher and Keith Chandler the partners in Eccher &

Chandler Consulting, P.O. Box 50106, Irvine, CA 92619.

Gary Eccher (AKA, Red or Reddog) a former lifer who

obtained his parole through the courts after successfully

litigating his own case against the Board of Parole

Hearings (Board) and Governor. Gary/Red obtained two

paralegal degrees while incarcerated and worked for

approximately 10-years in the law library at Old Folsom.

He also worked for approximately 10-years as a

disciplinary clerk at Old Folsom and Avenal. During

Gary/Red’s prison term, he helped many lifers obtain

their freedom through the courts or by consulting with

them on strategy to be employed during their parole

hearings. A list of 34-granted writs of habeas corpus

follows. 15-guys released.

Jimmie Sole (2001) Sonoma County (Cty.) v. Board

Javier Cortinas (2002) Santa Clara Cty. v. Board

David “Benny” Taylor (2003) Santa Clara Cty. v. Board

released 1-2004

$Miguel “Rooster” Martin (2004) Sacramento Cty. v.

Board (Restraint Policy Ruled Underground Reg.)

$Gary Eccher (2004) Orange Cty. v. Board

$Gary Eccher (2007) Orange Cty. v. Board

$Julian Moreno (2008) L.A. Cty. v. Governor released 1-

2009 $Paul Gaul (2009) CA2/7 v. Board 170 Cal.App.4

th 20

released 2-2010

Onesimo Haro (2009) Santa Clara Cty. v. Board

$Maurice (Mo) Williams (2009) L.A. Cty. v. Board

released 4-2012

$Gary Eccher (2009) Orange Cty. v. Board

$Hassan Cromwell (2009) L.A. Cty. v. Governor

released 10-2009

$Luis Ayala (2009) CA2 v. Governor released 11-2009

$Donald Furtado (2009) Santa Clara Cty. v. Board

$Luis Espinosa Morales (2009) Ventura Cty. v. Board

Granted From Informal Response Order

$Jesse Martinez (2009) E.D.Cal. v. Governor

$Jesse Martinez (2010) L.A. Cty v. Governor released 2-

2011

$Arnold Trevino (2010) E.D.Cal. v. Governor released 4-

2011

$Gary Eccher (2010) Orange Cty. v. Board

$Scott Breverman (2010) L.A. Cty. v. Board

$Timothy Casey (2010) L.A. Cty. v. Board released 2-

2011

$Mark Jeffery Jones (2010) L.A. Cty. v. Governor

$Mario Estrada (2010) E.D.Cal. v. Board

$Javier Pacheco (2010) C.D.Cal. v. Governor

$Donald Furtado (2010) Santa Clara v. Governor

$Ismael Rivero (2010) E.D.Cal. v. Board

$Javier Pacheco (2010) L.A. Cty. v. Governor released

11-2010

$Gary Eccher (2011) Orange Cty. v. Governor

$Thanh Nguyen (2011) Orange Cty. v. Board

$Mark Jeffery Jones (2011) CA2/5 v. Governor released

6-2011

$Donald Furtado (2011) CA6 v. Governor released 10-

2011 $Derrick Taylor (2011) L.A. Cty. v. Governor released

11-2011

$Scott Breverman L.A. Cty. v. Board (about matrix)

released 3-2012

$Gary Eccher (2012) CA4/3 v. Governor released 6-2012

Keith Chandler was released from Folsom Prison via

Federal Court Order in 2004 after serving 21 years (the

last 9 unconstitutionally) for second degree murder. Once

exposed to the injustices of the prison and parole systems,

Keith became a zealous advocate for change, working

nearly his entire term in the DVI and Old Folsom Law

Libraries, helping hundreds of inmates through the years.

Upon release, Keith serves as a political and legal

consultant for many clients, but has predominately

worked with attorney Steve Sanders and Sanders &

Associates, a West Sacramento Law Firm specializing in

parole and politically sensitive litigation. Sanders &

Associates, with Keith in a lead role, managed the

corporation that controlled the 2004 Prop. 66 Campaign

which sought to reform the Three Strikes Law. Keith,

working with Taxpayers for Improving Public Safety

(TIPS), was instrumental in litigation which blocked the

California Department of Corrections and Rehabilitation

from using 7 Billion Dollars of AB 900 prison

construction bonds for a two year period. Keith’s

ECC NEWSLETTER #11 MARCH 2014

JUSTICE FOR ALL

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HELPING EVERYONE REGARDLESS ECC; P.O. BOX 50106; IRVINE, CA 92619 $ means these court orders are available to purchase for U.S. currency or stamps. See last page for details.

political experience and grasp of the Three Strikes Law

found him working with FACTS and Stanford University

in the formative stages of Proposition 36, the 2012 effort

to reform Three Strikes. Keith’s consultation has resulted

in parole grants, reduced sentences, or outright release,

for dozens and dozens of inmates through the years.

Some of Keith’s meaningful cases are listed below:

Nick Swanson L.A. Cty. v. Gov. client released

Gil Fuentes S.D. Cty. v. Board initial parole hearing, 25

to life case, denied shooting, client released

$Robert Watson multiple habeas victories, S.D. Cty. and

CA4/1 v. Board and Governor client released

Manuel Cass multiple habeas victories, S.D. Cty. v. Board

and Governor client released

An Nguyen Orange Cty. v. Governor client released

K. Register E.D.Cal. inmate claims actual innocence

Paul Crowder four habeas victories, Orange Cty. and

CA4/3

PF Lazor Sonoma Cty. and CA6 v. Board, he had more

than 30-115’s, published 172 Cal.App.4th 1185

Mark Chandler Amador Cty. v. Board and Governor

client released

Jack McGarey multiple habeas victories, Sacramento Cty.

v. Board

Dale Crapo E.D.Cal. v. Board

Dave Bertagna E.D.Cal. v. Board, client released

Taxpayers for Improving Public Safety (TIPS) v.

Schwarzenegger, was a lawsuit alleging AB 900’s 7-

billion dollars of prison construction bonds were an

unconstitutional manipulation of the lease-revenue bond

process. Initial victory in Sacramento County later

overturned, and ultimately the case was lost. See $TIPS v

Schwarzenegger (2009) 172 Cal.App.4th 749.

Chandler v. Wilson, 9th

Circuit Court of Appeal. Keith

sued various government officials for his 9-years of

unconstitutional confinement based upon the Al Leddy

documented political conspiracy to rescind all prior grants

of parole in the early 1990’s by then Gov. Wilson. Even

though represented by counsel, Keith was granted the rare

privilege of orally arguing the case before the 9th Circuit

himself. All defendants were ultimately held to be

immune. See link on ECC website for oral argument.

BOARD & PSYCH PREP. Wouldn’t it be nice to know what to say to the Board

before your parole hearing? Eccher & Chandler

Consulting help lifers prepare for their parole

hearings. This is listed in our ad above as Board

Preparation. Preparing for your parole hearing is one

of the most critical stages in the fight for your

freedom. We have read hundreds of parole hearing

transcripts and see the errors that lifers make in their

parole hearings. In addition, we have gained

knowledge about what is actually needed for parole

plans, i.e., letters of support, relapse prevention

plans, and substance abuse meetings, etc. We also

have contacts for transitional housing in some cases.

More importantly, we help provide you with 10-15

answers that you need for those difficult questions on

an individual basis. We also review your last parole

hearing transcript, page by page, and show you in

writing where you made mistakes and how to

improve your answers next time. THIS IS

CRITICAL. Going into your parole hearing 99%

prepared is critical to your success during the hearing

in two major respects. First, you stand a better

chance in receiving a parole date. Second, if you are

denied, you have prepared a great record that a judge

is going to read and possibly grant your writ-petition

in court. These answers apply to psych also.

CURRENT TITLE 15 DIVISION II BOARD OF

PAROLE HEARINGS $10.00 OR 40-POSTAGE

STAMPS, (.49¢ OR FOREVER).

ECC PROVIDES TWO (2) COPIES OF STATE OR

FEDERAL CASE LAW, (40-PAGES OR LESS),

FOR $5.00 OR 20-POSTAGE STAMPS, (.49¢ OR

FOREVER). IN ADDITION, ANY CURRENT

JUDICIAL COUNCIL FORMS NEEDED CAN BE

PURCHASED AT THE SAME PRICE. ANY

OTHER INFORMATION THAT YOU MIGHT

NEED CAN BE PURCHASED FROM ECC AT A

RATE OF (40-PAGES OR LESS), FOR $5.00 OR

20-POSTAGE STAMPS, (.49¢ OR FOREVER).

ECC MOTTO: “Most things in life are chimpanzee stuff, but every

once in a while you need a gorilla. That’s what we’re for.”

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ORDER TO SHOW CAUSE (OSC) CORNER

AND INFORMAL RESPONSE (IR) ORDERS

This corner is intended to list OSC’s and IR’s across

the state to help keep hope alive for prisoners. If you

would like your OSC or IR listed in the ECC, just

send us a copy and short summary of the proceeding.

OSC’s and IR’s in bold type are the help of ECC.

MICHAEL CARL DEAKINS (OSC) (2011)

C.D.Cal. Criminal conviction actually innocent.

Waiting decision.

IN RE PAUL CROWDER (IR) (2012) 4/Dist.

Div.3, Governor’s Reversal. All briefing is complete.

We are still waiting for a decision in either one of

two actions pending before the 4th

District that could

free Moose.

IN RE KENNETH FERGUSON (OSC) (2013)

4/Dist. Div.1, Board’s denial following court order.

Marc Norton in conjunction with ECC.

IN RE DAVID ESTRADA (OSC) (2013) LA Cty. v.

Board. Congrats David.

IN RE ANDREW OTTON (OSC) (2013) 1/Dist.

Div. 3, v. Governor’s Reversal. Congrats Andrew.

IN RE RANDY COWELL (OSC) (2014) LA Cty.

v. Governor’s Reversal. Katera Rutledge in

conjunction with ECC.

IN RE GABRIEL SILVA (OSC) (2014) Orange

Cty. v. Board Rescission Hearing.

ECC is happy to announce that HENRY DEAN’s

BPH-1045A, Petition to Advance Parole Hearing,

that we worked on was granted. Congratulations

Henry, you earned it.

HELP KEEP HOPE ALIVE

If you would like to subscribe to the ECC

Newsletter, rates are $20.00 or 80-postage

stamps, (.49¢ or forever). One year

subscriptions are offered and include six

issues per year. Rates apply to everyone.

SINCE THE ADVENT OF $In re Shaputis II

(2011) 53 Cal.4th

192, THERE ARE AT LEAST

40-MUST KNOW CASES. STAY IN THE

GAME BY KNOWING ALL THE CASES.

$In re Gary Eccher 5-10-12 (ECC)

$In re Michael Adamar 7-2-12

$In re Frederick Davidson 7-20-12

$In re John Batie 7-20-12

$In re Mark Ouellette 7-23-12

$In re James Mackey 7-31-12

$In re Brian Montgomery 8-2-12

$In re Manolo Tolentino 8-6-12

$In re Saterial Thomas 8-13-12

$In re Harjot Takhar 8-28-12

$In re Arcadio Acuna 8-30-12

$In re Adam Sanchez 8-31-12

$In re George White 9-6-12

$In re Denise Shigemura 9-27-12

$In re Roger Sundberg 10-12-12

$In re James Grisso 10-23-12

$In re Donnell Jameison 10-25-12

$In re Steven C. Martinez 10-26-12

$In re Erika Schomberg 10-31-12

$In re Gilbert Coronel 11-6-12

$In re Hall 11-28-12

$In re Denham 12-6-12

$In re Ferguson 12-19-12

$Warden v. Sup.Ct. & Carpenter 12-20-12

$In re Gamez 12-21-12

$In re Stevenson 12-21-12

$In re Martin 3-1-13

$In re Vicks 3-4-13

$In re Gray 3-28-13

$In re Stoneroad 4-18-13

$In re Lizarraga 4-23-13

$In re Fowler 6-18-13 (ECC)

$In re Lockett 6-24-13

$In re Kang 7-16-13

$In re Kanuse 8-19-13

$In re Robert Morales 9-16-13

$In re Rudy Rodriguez 10-23-13

$In re Roy Butler 12-16-13

$Gilman v. Brown 2-27-14

$In re Roy Butler 3-5-14

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GILMAN V. BROWN; (2-28-14) CAL. U.S. EASTERN DISTRICT COURT; No.

CIV. S-05-830 LKK/CKD; BLOCKBUSTER COURT DECISION MUST READ. This case is a certified class action for some California inmates serving terms of life imprisonment with the

possibility of parole. Gilman asserts that Propositions 9 and 89 have retrospectively increased their

punishments, in violation of the Ex Post Facto Clause of the U.S. Constitution. Proposition 9 amended

California law to, among other things, increase the time between parole hearings. (From 1-5-years to 3-15-

years.) The class challenging this Proposition consists of “all California state prisoners who have been

sentenced to a life term with the possibility of parole for an offense that occurred before November 4,

2008.” Proposition 89 amended the California Constitution to grant the Governor the authority to review parole

decisions of California’s Board of Parole Hearings (Board), regarding parole decisions of prisoners convicted of

murder. The class challenging this Proposition consists of “all California state prisoners who have been

sentenced to a life term with possibility of parole for an offense that occurred before November 8, 1988.” The Gilman Court found “that both Propositions, as implemented, have violated the ex post facto rights of the

class members.” The Gilman Court laid a very strong foundation of Ex Post Facto cases. They also laid a very

strong factual foundation in support that will be addressed here in pertinent part because this case is 58-pages

long. For example, “in the two-year period before Proposition 9 was implemented, January 2007 through

December 2008, the Board held approximately 6,550 parole suitability hearings for life prisoners. Parole was

granted in approximately 6.4% of the hearings. Continued Page 13

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BUTLER CONTINUED: The Butler Court also found the “Board’s Decision Does Not Reflect

Individualized Consideration of all the Relevant Facts and Factors.” One of the best quotes from the Court

was, “Presiding Commissioner Peck began his announcement of the panel's decision by stating, ‘The Panel has

reviewed all information that was before us today in concluding the prisoner is not suitable for parole and would

pose a current unreasonable risk of dangerousness to society if released from prison. The finding is based on

weighing the considerations provided in the California Code of Regulations, title 15.’ He then discussed only ‘a

couple of things that concerned us,’ namely Butler's purported lack of insight and sufficient parole plans. Not a

word was spoken regarding any of the six factors tending to indicate unsuitability or the nine circumstances

tending to indicate suitability that are identified in [the regulations.] … “There can be no dispute that Butler did

not have a significant juvenile record, showed signs of remorse, lacked any significant history of violent crime,

had realistic parole plans, had marketable skills, and had engaged in institutional activities that indicated an

enhanced ability to function within the law upon release. … The Board’s pro forma references to the record and

the California Code of Regulations are woefully inadequate to establish that it gave individualized consideration

to all relevant facts and factors.” The Butler Court then proceeded to dismantle the Board’s parole plans

analysis. “First, the Board’s stated concerns about Butler's parole plans focused on whether or not he would be

a ‘success’ on parole. As we have discussed, Presiding Commissioner Peck told him the Board’s ‘first

responsibility’ was ‘to see you be a success story because, if you're not a success story, that don't bode too well

for us or any of the other lifers that are incarcerated because, believe me, every time somebody gets a date

they're under a microscope.’” This was improper because, “The essential question in deciding whether to grant

parole is whether the inmate currently poses a threat to public safety.” Furthermore, “The Board’s discussion

of Butler's ‘success’ did not include any rational nexus to current dangerousness, other than the Board’s

improper reliance on Butler's purported lack of insight, and we have not found one in the record. … Given the

Board’s obligation to consider all relevant facts and factors, and its particular concerns about Butler's parole

plans, it is inexplicable that its decision did not reflect a consideration of its discretionary authority to place

conditions on Butler's parole, and explain why exercise of it would not satisfy the Board’s concerns.” On any

interesting note, Butler did not have “current letters from his mother stating that he could live with her.” The

Butler Court found, “We have not found legal support for the proposition that unverified parole plans are alone

a ground for denying parole. … Indeed, the regulation simply requires ‘realistic plans for release’ or

‘marketable skills … .’ ” The Butler Court blew-up the Board’s last concern “about Butler's parole plans relied

significantly on improper speculation. A Board’s ‘conclusion that a life prisoner is currently dangerous and

therefore should be denied parole ‘must be supported by some evidence, not merely by a hunch or intuition.’ ’

Presiding Commissioner Peck said about the lack of a current letter of support from Butler's family that,

although he did not know why there was no letter, ‘there must be a problem.’ He also said he did not know if it

was ‘great’ for Butler to live with his mother because, although Butler had a ‘great relationship’ with her, living

with his mother ‘may not have always worked out so well in the past with you.’ However, the record indicates

Butler only lived with his mother for one year, when he was 17, years before he committed the life crime. The

Board did not find, and we have found no evidence in our review of the record, that doing so had anything to do

with his life crime, or that Butler living with his mother upon release would create a threat to public safety. The

Board should refrain from relying on such unsubstantiated hunches.” The Remedy: “Under the particular

circumstances of this case and guided by precedent, we conclude that we must grant the petition and remand the

matter to the Board for further proceedings because it is unclear the Board would have denied Butler parole

based on its proper consideration of his parole plans alone, after due consideration of all relevant facts and

factors.” CONGRATULATIONS ROY. ECC HOPES YOU GET YOUR WELL DESERVED PAROLE

DATE. KEEP UP THE FIGHT.

ECC NEWSLETTER #11 MARCH 2014

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GILMAN CONTINUED: Of the cases in which parole was denied, two-thirds resulted in one- or two-year

deferrals; approximately 34.7 percent resulted in one-year deferrals and approximately 31.5 percent resulted in

two-year deferrals. In the two-year period after Proposition 9 was implemented, January 2009 through

December 2010, the Board held approximately 6,100 hearings. At those hearings, parole was granted in

approximately 17 percent of the cases. Of the cases in which parole was denied, approximately 48.4 percent

resulted in the lowest deferral possible under Proposition 9, three years. For the period 2007 to 2008, before the

passage of Proposition 9, the average deferral period for all life prisoners who were denied parole at their

hearing, was 2.3 years. Approximately 35% of those deferrals were for the minimum period allowed by law,

one year. An additional 32% of the deferrals were for two years. Following the passage of Proposition 9, the

average deferral periods for all life prisoners decided under the new law were as follows: 4.84 years in 2009;

5.11 years in 2010; 5.08years in 2011; 4.42 years in 2012. Almost 56% of those deferrals were for the

minimum period then allowed by law, three years.” Based on these facts the Gilman Court found, “The

evidence shows that the average deferral times for Proposition 9 class members has increased since the

implementation of that law.” “The evidence adduced at trial shows however, that the increased deferral periods

did not happen randomly, or only to those prisoners least likely to be granted parole. Rather, the evidence

shows that in the two years prior to Proposition 9, the Board imposed deferral periods of one or two years on

two-thirds of all the prisoners who were denied parole. These are the prisoners who are the most likely to be

paroled within a year or two. That is because the statute in effect at the time contemplated that the Board would

grant deferrals of one or two years only when there was a reasonable expectation that the prisoner would be

ready for parole within that time.” “However, if the statute had any meaning, and the Board applied the statute

as written, then it is a reasonable inference that there existed a reasonable expectation that those prisoners would

be paroled within the following year or two, if they could get to a parole hearing during that time. Cont. Pg. 14

SERENA FAYE SALINAS, ATTORNEY AT LAW Providing Full-Scope and Limited-Scope Legal

Assistance & Representation for:

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Parole Hearings (SB 260 hearings), Writs, and SB

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8837 Villa La Jolla Drive, #13562

La Jolla, CA 92039

Inviting family members to contact me for a free

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calls at 619.800.4864

www.SerenaSalinasLaw.com

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GILMAN CONTINUED: Yet, under Proposition 9, these same prisoners cannot get to a hearing before at least

three years, the new minimum deferral period.” The Gilman Court next went into “a somewhat detailed

description” about the In re Rutherford case, (Cal. Marin County). They cited about 30-paragraphs of facts in

support. [In re Lugo was substituted in as class representative after Mr. Rutherford died.] In part, “a subset of

the class certified in Rutherford is representative of the Proposition 9 class” certified in Gilman. In short,

Rutherford was a case about not receiving timely parole hearings prior to Proposition 9, which the Board

stipulated too. The parties agreed on a remedial plan to reduce the backlog of parole hearings. However, when

Proposition 9 was implemented, life prisoners were still having their parole hearings delayed beyond the dates

when they should by law. Because of this “timeliness problem” the subset of the Rutherford class arose

because they “should have their parole hearings conducted under the old law.” [Meaning 1-5-year denials.]

Hence, another stipulation was entered into by the parties for “all qualifying Rutherford subset members who

should have had their parole hearings conducted before December 15, 2008, under the old law, were granted

hearings governed by the old law even if those hearings occurred after the implementation of Proposition 9.”

Some of the Rutherford subset stipulated to denials under Proposition 9 and were afforded the time guidelines

under the oldlaw. [Meaning a 3-year denial was reduced to 1-year; a 5-year denial was reduced to 2-years, etc.]

Doctors. Barry Krisberg and Stephen Kline were qualified to testify experts on criminology, sociology and

statistics. “Dr. Krisberg opined that there was no systematic bias in the Rutherford subset.” “Dr. Klein

disagreed with Dr. Krisberg that the Rutherford subset was unbiased, or was representative of the plaintiff class

as a whole.” The Gilman Court found “that Dr. Klein’s testimony does not really bear on the question before

the court, namely, whether Proposition 9 created a “significant risk” of longer incarceration.” The Gilman

Court concluded “that the Rutherford subset is representative of the Proposition 9 class as a whole. The

evidence submitted on this matter shows that the Rutherford subset is distinguished from the Proposition 9 class

only by the accident of when their parole hearings were scheduled on the calendar. There is no evidence that

the case characteristics are different between the two groups. There is no evidence that something about the

accident of calendaring was anything other than an accident of the calendar. For example, there is no evidence

that only those most or least likely to be paroled moved into the Rutherford subset. Rather, the evidence is clear

that the Rutherford subset came into existence because the Board had a backlog that applied to all life prisoners,

not any particular subset of them based upon any case characteristics. Dr. Klein’s speculation on possible

differences in case characteristics is therefore a red herring, especially since Dr. Klein, who presumably had

access to the central files of the class as well as the Rutherford group, did not identify a single case

characteristic that distinguished the two groups. The court therefore finds that plaintiffs have properly

buttressed their showing that Proposition 9 actually did create a significant risk that their incarcerations would

be lengthened.” Next, the Gilman Court addressed the BPH 1045A Petition to Advance Hearing process. They

cited 19-paragraphs of facts. Some of the more glaring facts were, “During the period from January 1, 2009

through December 31, 2010, there were 119 petitions to advance filed by prisoners. Of those, 114

(approximately 96%) were denied; 106 (approximately 93%) were summarily denied and eight (approximately

7%) were denied following a full review. From 2009 to June 2012, the Board has not exercised its discretion to

advance a hearing absent a prisoner filing a petition to advance.” “The (BPH 1045A) form instructs the

prisoner to list the changed circumstances or new information that “show a reasonable likelihood that

consideration of the public and victim’s safety does not require the additional period of incarceration” that was

set at the last parole suitability hearing.” The prisoner first had to assert that there was “new information” or a

“change in circumstances” without regard to any showing or assertion of suitability. The parties directed the

Gilman Court’s attention to several examples of the petition to advance process. Some of the examples point to

cases where advanced hearings were granted or denied, and appear to show that the Continued Page 16

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REENTRY MYTH BUSTER? This Myth Buster is one in a series of fact sheets intended to clarify

existing federal policies that affect formerly incarcerated individuals and their families.

MYTH: The Federal Government’s hiring policies prohibit employment of people with criminal records.

FACT: The Federal Government does not have a policy that precludes employment of people with criminal

records from all positions. The Federal Government employs people with criminal records with the requisite

knowledge, skills and abilities. Consistent with Merit System Principles, agencies are required to consider

people with criminal records when filling positions if they are the best candidates and can comply with

requirements. Individuals seeking admission to the civil service must undergo an investigation to establish

suitability or fitness for employment. The principal issues for agencies as they consider hiring people with

criminal records involve making determinations related to: (1) An individual’s character traits and conduct to

determine whether employment would or would not protect the integrity and promote the efficiency of the

service. (2) Whether employment of the individual in the department or agency is consistent with the interests

of national security. (3) The nature, seriousness, and circumstances of the individual’s criminal activity, and

whether there has been rehabilitation or efforts toward rehabilitation. People with criminal records are eligible

to work in the vast majority of federal jobs. For a few positions, they may not be deemed suitable or fit for the

job, depending on the crime committed. (4) A handful of federal laws, like those prohibiting treason, carry with

them a lifetime ban on federal employment. (5) Others, like the criminal statute for inciting a riot, prohibit

federal employment for a certain number of years. (6) Previous criminal conduct could potentially render an

individual incompatible with the core duties of the job. (7) Previous criminal conduct may also affect an

individual’s eligibility for a security clearance, depending on the level of clearance being sought and the nature

of the conviction. Excepted (Schedule A) Appointing Authority permits employment of individuals in work-

release programs when a local recruiting shortage exists. (8) Allows agencies, with OPM approval, to employ

inmates of federal and state correctional institutions. (9) Appointments limited to one year.

For More Information: Regarding Federal Regulations, visit: www.gpo.gov/fdsys.

For Suitability Determinations Criteria, search under 5 CFR 731.202.

For Excepted Service Disqualifying Factors, search under 5 CFR 302.203.

Regarding the Bond Amendment, visit: http://www.dss.mil/about_dss/press_room/2009/bond_amendment.pdf.

Regarding Federal Background Investigations, visit: http://www.opm.gov/investigate.

IF YOU WOULD LIKE TO ADVERTISE IN THE ECC NEWSLETTER PLEASE

CONTACT US FOR RATES BY EMAIL, PHONE OR ADDRESS LISTED WITHIN.

Katey Gilbert Attorney at Law

1288 Columbus Ave #296

San Francisco, CA 94133

Tel: (650) 464-0785

Fax: (415) 291-0684

Parole Hearing Representation

Writs of Habeas Corpus

versus Governor, Board, CDCR

and Criminal Convictions

1045(A) Pet. To Advance Hearing

Petition To Recall Sentence

YOUTH OFFENDER HEARING

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GILMAN CONTINUED: The Gilman Court found,

“Several examples show that even when the Board

decides a case under an apparently reasonable

interpretation of Proposition 9 and the implementing

regulations, the advance hearing process can be

rendered meaningless or illusory. The most

profound failure of this process is in the Board’s

apparent interpretation of the statute authorizing

advance petitions. The statute provides that the

inmate may request an advance hearing by

submitting a petition that sets forth ‘the change in

circumstances or new information that establishes a

reasonable likelihood that consideration of the public

safety does not require the additional period of

incarceration of the inmate.’ A sensible

interpretation of this authorization is that the ‘change

in circumstances or new information’ is tied to the

question of suitability for parole. However, some

examples identified by plaintiffs show that the Board

has interpreted the authorization in a way that

separates the ‘change in circumstances or new

information’ from the question of suitability. Rather,

the Board requires a showing of ‘change in

circumstances or new information’ before it will

even consider the question of suitability for parole.

This is a problem first because the most fundamental

change in circumstances would be a move from

unsuitability to suitability. But as the examples

show, that is apparently not a change in

circumstances that will satisfy the Board. Second,

when this requirement is spun off from the suitability

requirement, it imposes an additional substantive

burden on the prisoner’s ability to obtain parole.

This is not a harmless procedural change. This is a

change that says that the prisoner must now show

something that he never had to show before, namely,

this amorphous ‘change in circumstances or new

information.’” Plaintiffs directed the Gilman Court’s

attention to several examples of BPH 1045A cases,

i.e., Brodheim, Nguyen, Killingsworth, and

Mendoza. In Brodheim, “this court granted

Brodheim’s habeas corpus petition…” The Board

held a new hearing and found Brodheim suitable.

However, Swarthout v. Cooke overturned

Brodheim’s federal habeas corpus grant. The Board

vacated the parole grant immediately for three years.

Brodheim filed a BPH 1045 and cited the Board’s

parole grant as the “new information” or “change in

circumstances.” The Board summarily denied him.

Killingsworth was denied parole based on the

psychologist’s evaluation but there was no way for

him to get a new evaluation before he filed his BPH

1045A. “Killingsworth’s advance hearing petition

made it past the preliminary review stage. At the full

review stage, the petition was denied, for the

following reasons: I/M Killingsworth is to be

commended for his additional/continued

participation in self-help programming and

disciplinary free behavior. The panel’s concerns

with the psychiatric evaluation completed by Dr.

Smith in August 2008 indicating that he presents a

moderate risk of violence are still valid.” (ARE

YOU KIDDING ME) “Mendoza’s advance hearing

petition made it past the preliminary review stage.

At the full review stage, the petition was denied

because some of the documents the prisoner

submitted were in Spanish, and the decision-maker

therefore could not determine whether the standard

had been met until the documents were translated.”

(NO WAY) The Gilman Court concluded “The

evidence shows that the advance hearing process

sometimes works and sometimes does not work.”

“All told, the PTA process is not sufficient to protect

inmates from the ex post facto problems inherent in

Proposition 9.” PROPOSITION 89. “On

November 4, 1988, California voters approved

Proposition 89, which granted the Governor the

ability to reverse the decisions of the parole board

regarding prisoners convicted of murder.

“Proposition 89 is neutral on its face, allowing the

Governor to reverse parole grants and denials alike.

However, its intent was stated to be to give the

Governor ‘the power to block the parole of convicted

murderers.’” After citing 13-paragraphs of facts, one

being, “The Executive Reports show that in the

twenty-year period from 1991 through 2010, the

Governor reversed more than 70 percent of the grants

of parole made to prisoners with Cont. Next Page

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GILMAN CONTINUED: murder convictions.”

The Gilman Court found “Proposition 89 violates the

Ex Post Facto Clause,” based on “the evidence

presented at trial, it is clear that Proposition 89, in

actual practice, is not the ‘neutral’ transfer of final

decision-making authority from one decision-maker

to another. In practice the governors have used it to

tip the scales against parole. Every governor since

passage of Proposition 89 has done this, and there is

no evidence that this practice has stopped. Thus,

while the governors could use the law to review

parole decisions to ensure that they are accurate and

fair, they appear to have no such concern about

decisions that deny parole. Prior to the new law, the

sentence faced by class members was life with the

possibility of parole. The parameters for determining

the grant or denial of parole was fixed in the statutes,

and the length of the ‘life term’ was fixed in the

Board’s regulations. The new law was passed in

order to lengthen the amount of time class members

would spend in prison by creating a new mechanism

for withholding parole, namely, the governor’s veto.

True to the law’s intentions, California governors

have used the new law to withdraw the possibility of

parole from most class members. In short, the voters

did not simply switch the final decision-making

authority from the Board to the Governor. They

switched it with an instruction that the Governor

should put his finger on the scale to correct a

‘weakness’ they perceived to exist when the Board

made the final decision, namely, too many murderers

being paroled, too soon. The governors have carried

out the people’s will by putting their fingers on the

scale and reversing 70% of parole grants for these

class members.”

ECC WOULD LIKE TO NOTE THAT THE

GILMAN COURT STAYED THE ORDER FOR

31-DAYS UNLESS A TIMELY APPEAL IS

FILED. ECC BELIEVES AN APPEAL WILL

BE FILED AND THIS CASE WILL NOT BE

FINAL FOR ABOUT TWO MORE YEARS

BECAUSE WHOEVER LOSES IN THE NINTH

CIRCUIT WILL APPEAL TO THE U.S.

SUPREME COURT. HOPEFULLY NOT BUT

STAY TUNED.

ATTORNEY for LIFERS

Parole Hearings and Appeals

Prop 36: Petition for Re-sentencing

SB 260: Youth Offender Hearings

Diane T. Letarte, MBA, LLM

*MS Forensic Psychology

1080 Park Blvd., Ste 1008

San Diego, CA 92101

We “Fight” for YOU

Experienced, Competent and Reasonable

Completed over 1500 Hearings

Parole Hearings: Lose “INSIGHT” lately?

We work with Private Psychologists for

Rebuttal Letters

Habeas Corpus (BPH denials & Gov. Reversals)

Petition to Advance (PTA) BPH 1045A

Case Eval. for Post-Conviction Relief issues

3-Strikes Relief - Sentenced illegally?

“It’s not the size of the DOG in the fight,

It’s the size of the FIGHT in the dog.”

Former President of

San Diego NC Chapter of Lawyers Club

Judge Pro Tem, San Diego Superior Court

619-233-3688 E-MAIL: [email protected]

WEBSITE: www.renegade-attorney.com

ATTORNEY OF THE MONTH FOR MAY 2013 IN THE “ATTORNEY JOURNAL”

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Eccher & Chandler Consulting

P.O. Box 50106

Irvine, CA 92619

SERVICES: If you would like to subscribe to the ECC Newsletter, rates are $20.00 or 80-postage stamps,

(.49¢ or forever). One year subscriptions are offered and include six issues per year. Rates apply to everyone.

ECC provides two (2) copies of state or federal case law, (40-pages or less), for $5.00 or 20-postage stamps,

(.49¢ or forever). In addition, any documents mentioned in ECC with a $-symbol are also available.

Any current judicial council forms needed by you can be purchased, (40-pages or less), for $5.00 or 20-postage

stamps, (.49¢ or forever).

Current Title 15 Division II Board of Parole Hearings $10.00 or 40-postage stamps, (.49¢ or forever).

LIFE IN LIMBO, (by Stanford Criminal Justice Center) an examination of parole release for prisoners serving

life sentences with the possibility of parole in California is $5.00 or 20-postage stamps, (.49¢ or forever).

Any other information that you might need can be purchased from ECC at a rate of (40-pages or less), for $5.00

or 20-postage stamps, (.49¢ or forever).

ECC seeks your input or inquiries, regarding habeas corpus, Board, Governor, CDC, criminal matters,

sentencing errors, plea bargains, IAC, civil matters, family matters, Board preparations, BPH-1045(A) or

CDC-602s. Based on the amount of correspondence, replies are not guaranteed.


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