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SACRAMENTO, Calif. (AP) — California will reconsider life sentences for up to 4,000 nonviolent third-strike criminals by allowing them to seek parole under a ballot measure approved by voters two years ago, according to court documents obtained by The Associated Press on Thursday.The state will craft new regulations by January to include the repeat offenders in early release provisions. Gov. Jerry Brown also will not appeal a court ruling that the state is illegally excluding the nonviolent career criminals from parole under the 2016 ballot measure he championed to reduce the prison population and encourage rehabilitation.The state parole board estimates between 3,000 and 4,000 nonviolent third-strikers could be affected, said corrections department spokeswoman Vicky Waters, "but they would have to go through rigorous public safety screenings and a parole board hearing before any decision is made."RELATED: Ex-con, called poster?child for three-strikes law, sentenced to life in prisonIt's the second such loss for the Democratic governor, who leaves office days after the new rules are due. Another judge ruled in February that the state must consider earlier parole for potentially thousands of sex offenders. The administration is fighting that ruling, which undercuts repeated promises that Brown made to voters to exclude sex offenders from earlier release.Prosecutors are not surprised and warned throughout the Prop. 57 campaign that nonviolent third-strikers would unintentionally fall under the measure's constitutional amendment, said California District Attorneys Association spokeswoman Jennifer Jacobs."We expect the same exact thing to happen with regard to sex offenders," she said. "To fix this they're going to have to go back to the people for a vote, which can't even happen for another two years."RELATED: How some states are reducing the prison populationBrown will not appeal last month's ruling by a three-judge appellate panel in the Second Appellate District in a Los Angeles County case that third-strikers must be included under Proposition 57's constitutional amendment. It requires parole consideration for "any person convicted of a nonviolent felony offense" regardless of enhancements under California's three strikes law."There is no question that the voters who approved Proposition 57 intended (inmates) serving Three Strikes indeterminate sentences to be eligible for early parole consideration," the appeals court ruled, adding that, "There is strong evidence the voters who approved Proposition 57 sought to provide relief to nonviolent offenders."Administration lawyers said in a filing in a separate related case that the state "is not seeking review" of the appeals court decision and "is in the process of drafting new emergency regulations in compliance" with the decision by Jan. 5.RELATED: Kim Kardashian makes trip to the White House in the name of criminal justice reformMichael Romano, director of the Stanford Three Strikes Project, called the administration's decision to comply "a big deal, a huge deal."Clients potentially affected by the new decision include inmates serving life terms for stealing a bicycle, possessing less than half a gram of methamphetamine, stealing two bottles of liquor or shoplifting shampoo, he said."It's a monumental decision. It's one of the biggest decisions on sentencing policy in the Brown administration," said Romano, whose project represented third-strike inmates in several appeals.The ruling doesn't guarantee any of the offenders will get out of jail. But it allows them to go before the parole board. Romano estimates 4,000 people will be eligible for parole.Nonviolent third-strikers are disproportionately black, disproportionately mentally ill and statistically among the least likely to commit additional crimes, said Romano, who has studied the issue.He cited corrections department data on more than 2,200 nonviolent, non-serious third strikers who were paroled under a 2012 ballot measure that allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. Less than 11 percent returned to prison by October 2016, the latest data available, he said, compared to nearly 45 percent for other prisoners. 4266

RIP Hugh Keays-Byrne ?? It’s amazing you were able to play an evil warlord so well cause you were such a kind, beautiful soul. You will be deeply missed my friend. pic.twitter.com/kXDhNs5jEU— Charlize Theron (@CharlizeAfrica) December 2, 2020 250

SACRAMENTO, Calif. (AP) — California prosecutors announced Wednesday they will seek the death penalty if they convict the man suspected of being the notorious "Golden State Killer" who eluded capture for decades.The move comes less than a month after Gov. Gavin Newsom announced a moratorium on executing any of the 737 inmates on the nation's largest death row. Newsom's reprieve lasts only so long as he is governor and does not prevent prosecutors from seeking nor judges and juries from imposing death sentences.Prosecutors from four counties briefly announced their decision one after another during a short court hearing for Joseph DeAngelo, jailed as the suspected "Golden State Killer." He was arrested a year ago based on DNA evidence linking him to at least 13 murders and more than 50 rapes across California in the 1970s and '80s.He stood expressionless in an orange jail uniform, staring forward from a courtroom cage, as prosecutors from Sacramento, Santa Barbara, Orange and Ventura spoke. Although prosecutors from six counties were in court for the four-minute hearing, charges in those four counties include the special circumstances that could merit execution under California law.His attorney, public defender Diane Howard, did not comment. DeAngelo, 73, has yet to enter a plea and his trial is likely years away.Prosecutors wouldn't comment after the hearing, but Orange County District Attorney Todd Spitzer said several prosecutors and family members of murder victims planned a Thursday news conference to denounce Newsom's moratorium. An announcement from Spitzer's office said victims' families "will share their stories of losing their loved ones and how the governor's moratorium has devastated their pursuit of justice.""These are horrific crimes," Newsom said in a statement. "Our sympathies are with the victims and families who have suffered at the hands of the Golden State Killer. The district attorneys can pursue this action as is their right under the law."California has not executed anyone since 2006, but Newsom said he acted last month because 25 inmates have exhausted their appeals and court challenges to the state's new lethal injection process are potentially nearing their end. He endorsed a repeal of capital punishment but said he could not in good conscious allow executions to resume in the meantime knowing that some innocent inmates could die.He also said he is exploring ways to commute death sentences, which would permanently end the chance of executions, though he cannot act without permission from the state Supreme Court in many cases.Voters narrowly supported capital punishment in 2012 and 2016, when they voted to speed up executions by shortening appeals.Criminal Justice Legal Foundation legal director Kent Scheidegger said prosecutors' decision made sense despite Newsom's moratorium."It's a perfect example of a killer for whom anything less would not be justice," said Scheidegger, who is fighting in court to resume executions. "I think it's entirely appropriate for DAs to continue seeking the death penalty in appropriate cases, because the actual execution will be well down the road and the governor's reprieve won't be in effect by then. Something else will have happened." 3257

ROCHESTER, N.Y. — A statue of abolitionist Frederick Douglass has been ripped from its base in Rochester on the anniversary of one of his most famous speeches.Police say the statue of Douglass was taken from Maplewood Park and placed near the Genesee River gorge on Sunday.On July 5, 1852, Douglass gave the speech “What to the Slave is the Fourth of July” in Rochester. There was no indication the vandalism was timed to the anniversary.The park was a site on the Underground Railroad where Douglass and Harriet Tubman helped shuttle slaves to freedom.Leaders involved in the statue’s creation tell WROC that they believe the nation’s ongoing focus on race could have played a role in the vandalism.The project director of Re-energize the Legacy of Fredrick Douglass, Carvin Eison, questions whether the damage is some type of retaliation because of the calls to take down Confederate statues.WROC reports that the statue is one of 13 placed throughout Rochester in 2018, and it’s the second figure to be vandalized since then.The damaged statue has been taken for repairs. 1082

Russ Johnson is used to being around all sorts of snakes. From harmless to deadly snakes with enough venom able to kill 10 men with one strike. Johnson headed up to the Phoenix Herpetological Society in north Scottsdale, a rescue for about every type of reptile. One day Johnson was transporting a cobra, pulling its container. He said he didn't know the vibrations rattled the top lose."He was right by my arm and then struck me right here," Johnson said, pointing to his back.Johnson said he knew it was the cobra. "I felt like I had a bad burn in my back."The venom is so toxic that Russ knew it would eventually shut down his respiratory system.  "I could just start to feel the burning spreading and so that mean venom is spreading," Johnson said.  He was rushed to Banner University Medical Center in Phoenix. They're used to treating rattlesnake bites but a cobra? They didn't even have the antivenom to treat him. The closest vial of medicine was more than 800 miles away, in Denver. "It was difficult," said Dr. Michelle Ruha, a toxicologist at Banner. She's also one of Johnson's doctors. She tried giving him antivenom the hospital did have, hoping it would save his life. Nothing was working."He was no longer able to open his eyes," Ruha said. "He was becoming weak. He was having trouble speaking."The only option was to fly the 10 vials of antivenom from Denver to Phoenix. Finally, eight hours after the bite, Johnson was starting to come back. "There was an angel on my shoulder," Johnson said. "Beyond Dr. Ruha, who is my personal angel, and I guarantee you that."Today, Banner University Medical Center has the cobra antivenom on-hand. It's also expanding what types it does carry. It's even getting shipments of the medicine to treat bites from the taipan, the deadliest snake in the world. No. they're not native to the Phoenix but neither is a cobra. Doctors at Banner said they don't want to be caught off guard when a life is at stake. 2052