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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
SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom has ordered the state police training program to stop teaching officers how to use a hold that can block the flow of blood to the brain. It is Newsom's first action following two weeks of protests across the country after the death of George Floyd. Floyd died on Memorial Day after a police officer put his knee on his neck for nearly 10 minutes.Since then, some police departments have moved to end the use of carotid holds that stop or slow the flow of blood to the brain. RELATED: More San Diego law enforcement agencies are dropping the use of carotid restraintSan Diego Police was the first local agency to ban the restraint technique and was soon followed by several other departments:Carlsbad Police DepartmentChula Vista Police DepartmentCoronado Police DepartmentEl Cajon Police DepartmentEscondido Police DepartmentLa Mesa Police DepartmentNational City Police DepartmentOceanside Police DepartmentSan Diego Community College Police DepartmentSan Diego County Sheriff’s DepartmentSan Diego Harbor Police DepartmentSan Diego State University Police DepartmentSan Diego Unified School District Police DepartmentUniversity of San Diego Police DepartmentNewsom said that hold has no place in the 21st century. 1278
RICHMOND, Va. — Richmond Police are investigating after someone spray-painted "White Lives Matter" across a statue of black tennis legend Arthur Ashe statue along Monument Avenue in Richmond.Ashe, a Richmond-born tennis star and humanitarian, was the first black man to win U.S Open and Wimbledon titles.Wednesday's incident at the Ashe statue comes after weeks protests against police brutality both in Richmond and around the country.Statues along Monument Avenue honoring Confederate leaders like Robert E. Lee, Stonewall Jackson, and Jefferson Davis have either been spray-painted or toppled during the protest.Concrete barriers were installed around the Lee statue on Wednesday morning.The Virginia Department of General Services said it was erecting the barriers to protect the safety of demonstrators and the structure.The action came shortly after protesters toppled the Howitzers Monument located near Virginia Commonwealth University's Monroe Park campus on Tuesday.It was the third Confederate statue, and the fourth monument, to be torn down by demonstrators in Virginia following the death of George Floyd, a black man who died after a white Minneapolis police officer pressed a knee into his neck.Earlier this month, Virginia Gov. Ralph Northam said the state would take down the Lee statue.This story was originally published by WTVR in Richmond, Virginia. 1379
Ronald Gasser will spend the next 30 years behind bars for shooting former NFL star Joe McKnight.Gasser faced up to 40 years in prison after his conviction of manslaughter in January of this year.He was arrested on a manslaughter charge Dec. 5, 2016, a few days after the shooting, and charged with killing McKnight at a busy intersection in Terrytown, Louisiana following a road rage incident.He was later indicted on a second-degree murder charge.During the trial, prosecutors painted Gasser as the aggressor in the deadly encounter.Today, Judge Ellen Kovach said the fatal road rage incident should serve as a cautionary tale.If Gasser and McKnight had disengaged, or if Gasser hadn’t decided to use his firearm, both could have walked away.“This tragedy did not need to happen,” Kovach said.The mother of Joe McKnight's son, Michelle Quick, yelled out that's "less than he deserves." And she cursed as she was escorted out of the courtroom. Quick and other family and friends read emotional, tear-filled impact statements before the sentencing.Joe Mcknight's mother, Jennifer McKnight spoke last. She stood in front of the courtroom and immediately started crying. She did not read from a paper. She looked right at Gasser, almost the entire time. She said when she found out she prayed "Lord not my child."She also told Gasser: "You took that part of me. You put pain on me I am not able to endure. I have to forgive you to have some sort of peace to live my life."Quick also took the stand. She says McKnight and her 7-year-old son Jayden -- called his Dad's phone after learning of his death. He left a voicemail. He asked his mom if dad could hear it from heaven. He asked if he could watch his dad's highlights on YouTube. When he went to watch a video, a clip of his dad's body on the ground came up. She did ask the judge for the maximum sentence of 40 years.Gasser gave no response. He sat in an orange jumpsuit, frequently looking down at his hands.Outside of the courtroom Jennifer McKnight told the press "He feels no remorse." 2050
SACRAMENTO, Calif. (AP) — A new report says California, which has a declining prison population, could save more than billion by closing eight lockups. The Legislative Analyst’s Office released a report Thursday saying the state has seen a reduction in its inmate population because of early releases and other actions linked to the COVID-19 pandemic. The report also says parole and sentencing law changes may flatten the prison population in the next few years. The report says the population changes, coupled with closing five adult prisons and three juvenile facilities, could save the corrections system .5 billion a year by 2025."The administration has indicated it plans to close one prison in 2021?22 and another in 2022?23 in order to accommodate the ongoing decline in the inmate population, primarily resulting from Proposition 57 (2016)" the analysis reads. "The budget package includes legislation requiring CDCR to inform the Legislature of the specific prisons to be closed by January 10, 2021 and January 10, 2022. The administration estimates the closures will result in 0 million in ongoing savings annually within a few years." 1162