Judge orders killer’s release

Now I don’t even know what to say, or even what to think about this. So I will just let you read it and make your own opinion.

Judge orders killer released from prison

A convicted killer is set to be released from prison after a judge ruled his rights had been violated because he was continuously denied parole.

On Thursday, the state Supreme Court declined to review an appeal by the California attorney general’s office, paving the way for Robert Rosenkrantz’s release. Earlier this year, the lower court judge had said the state violated Rosenkrantz’s rights because his sentence of life in prison with the possibility of parole turned into a sentence without that possibility.

I always thought that “With the possibility” was just that, and not “Yep it is sure to happen soon”.

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2 Responses to Judge orders killer’s release

  1. This is actually a very good and important opinion, especially for those of us who oppose claims to unlimited executive power. The issue in the case was whether the Governor of California — in this instance Grey Davis — had unfettered discretion to reject parole recommendations, in effect unilaterally imposing a “no parole” policy.

    In this particular case, Rosenkrantz had been recommended for parole twice, and Davis vetoed the recommendation both times. Rosenkrantz was again recommended for parole this year, but a lower court ruled in Rosenkrantz’s favor before the recommendation went up to current (and hopefully soon-to-be ex-) Governor Schwarzenegger for his signature or veto.

    It is worth noting that even the judge who presided over Rosenkrantz’s original murder trial supported his bid for parole, and joined in an amicus curiae brief to that effect filed by the ACLU.

    Rosenkrantz committed a terrible crime, under terrible circumstances. He served his sentence, and was reportedly a “model prisoner”. The parole board — hardly a “soft on criminals” bunch — repeatedly agreed that he should receive parole. But the Governor (in this case a Democrat, but it could easily have been a Republican) decided he wasn’t bound by the statutes, the court’s sentence, or the Board’s recommendations, and could do whatever he wanted (motivated purely by political considerations). This case is a victory against executive overreaching, and should be celebrated as such.

  2. jj says:

    This was a wonderful decision. This decision expresses that justice still lives.