Tug-of-war over parole for convicted killers arises from twist in California law. Some 250 convicted killers went to court in California last year claiming former Gov. Arnold Schwarzenegger put politics ahead of the law when he blocked their parole — and based on other recent cases, scores of them are expected to prevail.
The action, which costs taxpayers million of dollars in legal fees and other expenses, stems from an unusual twist in state law: California has a professional parole board charged with deciding on inmates' release dates, but also gives the governor the power to overrule the board's decisions. Only four other states allow a similar tension.
Critics of the system, which was approved by voters in 1988, say it has politicized the length of prison terms and wastes money on lawsuits, extra prison expenses and costly parole hearings.
The politics of prison sentences became a flash point earlier this month when Schwarzenegger reduced by more than half the 16-year term of Esteban Nuñez, the son of former Assembly Speaker Fabian Nuñez. The governor said the younger Nuñez had been part of a group that killed a college student, but he did not deliver the fatal blow.
That decision was in stark contrast with 29 other cases in 2009 in which Schwarzenegger overturned decisions by his parole board to free inmates who had served lengthy sentences for their involvement in similar crimes, a Times review of state records showed.
DOCUMENTS: Report on Schwarzenegger's parole decisions
Critics of California's parole system have called for the fate of inmates to be taken out of politicians' hands and left up to professionals. And courts have been taking issue with the way successive governors have used their authority.
"The governor could issue a blanket decision declining to review the board," said USC law professor Heidi Rummel, an advocate for prisoner rights, who noted that the board members are appointed by the governor's office. "That would alleviate the political pressure to look tough on crime."
Elizabeth Ashford, spokeswoman for Gov. Jerry Brown, would not say how Brown will approach such decisions. "We're two weeks into the administration; it's very early to be commenting on these kinds of things."