NASA Ames has picked San Quentin for an important training program to manufacture a platform that will enable hundreds of science projects on a single launch vehicle during space flights.
Acting Warden Michael Martel joined NASA Ames administrators on a tour of San Quentin’s vocational machine shop. Included were Charles “Chuck” Duff, Ames Center deputy director; Adriana Cardenas, associate director of engineering who is the liaison to San Quentin, Gary Martin, director of partnerships, and John Yembrick, public affairs director.
The shop’s lead man, Duane Butler, guided the guests around the shop, explaining how students become familiarized, and learn a range of complex machines used in the fabrication of various products. The NASA Ames directors said they were amazed by the assortment of equipment prisoners had on hand to teach them the finer aspects of machining.
Michael Villanueva, who is in charge of shop safety, explained the monthly training and meetings held for students in order to receive information about hazardous materials and shop safety procedures.
“Every student has to pass the safety test specific for a particular machine before operating it,” he said, “An 80-hour orientation safety program is given to each student.”
There was a signing ceremony authorizing the partnership/training program, punctuated by prisoners’ applause.
Prisoners will be taught “work that is directly germane to what this county needs done” in order to continue a cost-effective space program, said Duff.
In a recent San Quentin visit, the State Undersecretary for California Prisons, Scott Kernan, discussed such projects. He said California is working to improve partnerships with outside organizations and businesses to help fill the training void created by budget cuts. The NASA project is an example of that initiative, he said.
San Quentin’s machine shop is the only one in the California prison system with the capability of manufacturing metal projects right from the casting stage.
Machine shop instructor Richard Saenz said NASA learned of the San Quentin potential after its students won a top prize in a 2008 state fair competition for manufacturing a magnetic wave machine, Saenz commented, “The association with NASA will allow me to train the students for today’s standards. It’s about providing opportunities for the students. I want to see them succeed. I would like to see them in society doing positive things.”
“There are a maximum of 27 students enrolled in the machine shop training, and there is always a waiting list,” Saenz said.
NASA Ames offers to teach prisoners highly technical and marketable skills while manufacturing the P-Pod at San Quentin. “You need to build prototypes – you need to check size and fit. These tools do an awful lot to make more possible in a shorter time frame at a much lower cost. That’s important to us,” said Duff.
The P-Pod is a space-based scientific testing platform. Although the P-Pod program at San Quentin will not produce space flight hardware, San Quentin’s P-Pod will be used for testing and accuracy of the final product.
When asked specifically about making this training available to some of the most disenfranchised people in society, Duff said that NASA Ames is trying to reverse this trend beginning at San Quentin. Duff said that the objective is to find people who want to be in this hightech field and to provide them with an opportunity to gain skills that will enhance their employability. The P-Pod training program will allow prisoners to do this.
“The skills that you’re developing are useful around a wide array of employment opportunities. It’s not about where you’ve been; it’s about where we’re trying to go. This is an opportunity for people wanting to be together and going together. I got a good feeling about this,” Duff said.
NASA Ames officials said they are looking forward to coming back to San Quentin to get the program started.
Ames, Aeronautical Laboratory was established in 1939. It is located at Moffett Field on the border of Sunnyvale and Mountain View, south of San Francisco. NASA Ames head is Pete Worden.
—Juan Haines contributed to this story.
Archives for September 2011
T.R.U.S.T. Fellows Hold Health Fair
In spite of a chilly morning, hundreds of prisoners lined up, listening to lectures from doctors, nurses, and counselors on how to practice wellness while incarcerated, and upon release.
More than 80 health care volunteers donated their time and services to check blood pressure, offer eye examinations, and give chiropractic aid to prisoners.
These were among some of the services of the 8th Annual Health Fair on the Lower Yard.
Sponsoring the event was Teaching Responsibility Utilizing Sociological Training (T.R.U.S.T.), which teaches a pro-social curriculum to the general population of San Quentin.
T.R.U.S.T. provides a variety of services to San Quentin and the surrounding communities, including sponsoring the Richmond Project.
The Richmond Project consists of concerned community members who strive to educate, bring resources to the community, and reduce the violence in the city of Richmond.
The organization also has an alliance with Alameda County Health Department through Dr. Arnold Chavez and Michael Shaw. They teach the benefits of healthy living to the men of San Quentin with the intent of passing these lessons to their friends, family and community.
T.R.U.S.T. donates to various organizations, including the Youth Employment Program and the Richmond School District’s essay writing contest. This year’s writing contest asked high school students: “If you can change anything in your community, what would it be?” The top three winners were awarded gift certificates.
Community organizations which receive T.R.U.S.T. support include National Trust, Sonoma State University, Hitland Ministries, Urban Strategies, Health Oakland, and Project Choice.
It also supports local college internships for students majoring in the humanities.
The health fair provided information booths on:
alcohol and drug abuse
HIV/AIDS & STD
hepatitis prevention
prostate cancer
diabetes/smoking
asthma
mental health
“History plus culture equals values. Values determine lifestyle and behavior. If we can enhance one’s values from negative to positive, we can turn liabilities into assets, which is the T.R.U.S.T. main objective and primary goal.” said T.R.U.S.T. Chairman Darnell Hill.
Also, staffing information booths were representatives of Samuel Merritt Nurses Advance Directive Project, Asian Health Services & Asian Pacific Islander Community, and San Quentin Healthcare Services.
“Advance Directives are important for everyone. Whether you are in prison or outside, you have the right to choose the kind of medical care you want if you are too sick or injured to speak for yourself,” said Spring Cerise, a nurse at Samuel Merritt University.
Prisoners Robert Morales and Robin Guillien managed the alcohol and drug abuse booth. Guillien said, “Addiction Recovery Counseling (ARC) provides group counseling, individual counseling, education classes, and 12-step meetings. After the prisoners graduate from the (16-week) program, they are provided after-care treatment on Wednesday nights, where they have access to outside resources that assists their reentry into society.”
Morales added, “It is important for the general population to know that there’s a place for them to come and address their addiction problems in confidence.”
Guillien and Morales are state certified drug counselors.
Cathi, one of the dental volunteers, says, “It’s important to brush the gums to avoid gum disease. Brushing twice a day, brushing and flossing are important for healthy teeth, and it is important to brush your tongue.”
Dr. Martin Penn of UC San Francisco said, “Prostate cancer tests should begin around age 40. Colonoscopy is the test used to detect colon cancer. Researchers have determined that the best way to detect prostate cancer is what is called a Prostate Specific Antigen (PSA) and Digital Rectal Exam (DRE) test performed in combination. “I want to make sure people are as informed as possible of their own health. Particularly related to prostate cancer,” Penn said.
About 20 Spanish-speaking prisoners sat for a lecture by prisoner Alfonso Carranza and learned about HIV/AIDS and STD.
There were demonstrations of yoga and testing for cholesterol and glucose levels.
Information was provided regarding housing, employment, mental and physical health in Oakland by Earl Jacobs, Healthy Communities. Jacobs said, “Between 15 and 20 of our employees were formally incarcerated. Our IT director, John Holman, was formerly incarcerated.”
Healthy Communities works closely with Volunteers of American to teach life skills.
“My presence in S.Q. is one of community. Community is divided into two words, ‘com’ and ‘unity.’ When I saw the people coming inside here, I saw community. They came in unity,” said Healthy Communities volunteer Marlene C. Hurd. Hurd is also a commissioner on the Oakland Housing Authority.
Jeanne Woodford On the Death Penalty
Editor’s Note: This is the second of a series of articles on the Aug. 2 interview Editor-in-Chief Michael R. Harris conducted with Jeanne Woodford, a former San Quentin warden and former chief of the California Department of Corrections and Rehabilitation.
Since this interview, the bill to abolish the death penalty in California was withdrawn because of lack of support in the legislature. The bills backers are refocusing on a campaign to get the measure on the 2012 ballot to allow voters to decide.
The proposed measure would take 100 million dollars from state coffers—the estimated savings in abolishing the death penalty—and create a fund for use by the attorney general to help solve more of the states rapes and homicides.
The measures backers are betting that by linking the savings from an overly expensive death-penalty mechanism to better funding in public safety, they can entice voter support.
What achievements are you most proud of as a public servant of the State of California?
That’s such a hard question to answer because I was at San Quentin for a long time and I think that there were many people who contributed to changing the culture at San Quentin. So, when I first started there walking through that prison was a very difficult thing to do in 1978 – being one of the first women there. It was very difficult.
Inmates weren’t used to women staff inside those walls, so I could say that I was a part of a change in culture at that prison, not just myself, but Susan Hubbard and other people who worked at that prison. So, I’m proud that we were a part of all that. I’m also proud of the fact that we managed to expand the amount of people and volunteers coming in the prison, and I do think we raised those numbers significantly. And, I say we, because it wasn’t me, it was staff and you guys stepping up to the plate.
The example I give is when the veteran’s group designed that whole veteran’s program. I met with them and I said, “I want you guys to do more. I want you to get the Veterans Administration coming in here.” I didn’t do any of the work. You guys did the work. I think you have a model program that I hope continues to this day.
Also, the opening up of the success dorm, I know that it’s been renamed something else, but I think the idea of letting people know that we cared about what they do while they’re incarcerated and that we believe that everybody that walks out that gate isn’t the same. There are individuals who know they made a mistake, who genuinely come in the prison system trying to improve themselves and see themselves as a productive member of society and we need to acknowledge that and reward that. Just walking down the streets of San Francisco, I’ve had moms come up to me and say, “Aren’t you the…” and I’d say, “Yes, I’m the warden.” “Oh, my son went through that program, and he’s such a changed person.” So, I know that impacted people. Just getting the community and law enforcement to understand, that there are many people who come into the prison system who want to leave a better person was an important milestone for San Quentin that I was a part of with the help of all the staff there.
Are you frustrated about what happens at San Quentin has not spread to other prisons at the rate that you’d probably like it to?
Yes, but at the same time, after going around to all the other prisons, and seeing how the overcrowding case has impacted not only the health care and mental health care, it impacted the ability to have people think thoughtfully about the issues of rehabilitation. Because when you just have people housed in every corner and all that goes along with that, it’s very difficult to change culture. So, I do think bringing down the overcrowding will assist the department in moving forward in an appropriate way.
Do you think that the location of San Quentin makes it easier for volunteers to work inside of prisons?
I think that the location of San Quentin made it a lot easier, and it’s a visible place, people drive by it. But the example I’ll give is when I was director of corrections, and the program Alternatives to Violence came to me and said, “We want to go in all your prisons,” I brought them to speak to the wardens. They explained the program. We got the wardens to sign up.
Now I think they’re in about half the prisons. What those wardens said to them was, “You find volunteers and we’ll let them in.” And, they found the volunteers. I think it’s kind of an excuse for many parts of the state to say, “We can’t find people who are willing to work.” I mean, I know people for Alcoholics Anonymous who drive more than 50 miles, because having a meeting is really important, not only for the individuals incarcerated in our prisons, but it’s important for AA to be inside those prisons. So, if prison administrations have the right attitude, they can get many more volunteers in than they do, and, some have.
What can the state do to improve job skills?
Although budget cuts have stopped most of those types of programs, the vocational programs absolutely have to be expanded along with the educational programs. Every single person who arrives at prison needs to have a program, and the program needs to be designed based on the risk and needs assessment of the person. Then, based on that, there needs to be a plan so that when you walk in the door, you know what the plan is for you – you know your step one, your step two, your step three.
S.Q. 9/11 Memorial Honors The Fallen
San Quentin marked the 10th anniversary of the 9/11 attacks on America with a ceremony honoring those killed in the terrorist attacks and correctional officers killed in the line of duty.
Inmates were locked down so correctional officers could attend the ceremony in the Plaza area between the chapels and Adjustment Center.
The San Quentin Honor Guard launched the ceremony by raising the American flag, then lowering the Stars and Stripes to half-staff at the Memorial Flagpole, accompanied by a trumpeter playing Amazing Grace.
Acting Warden Michael Martel gave a brief message honoring San Quentin’s 13 fallen staff. He said, “These members served proudly with honor and will never be forgotten.”
Prison staff member Heidi Brown said, “This event brings all staff together, not only to remember the victims and families of 9/11 – but to honor the 13 staff members who lost their lives in the line of duty, at San Quentin.”
Correctional Peace Officer’s Association President, Frank McNeal presented a memorial wreath, assisted by two other officers.
Muslim Chaplain Imam Quazi Kawsar Hossain gave a brief message and prayer citing Islamic customs. Hossain said, “There is a tradition in Islam where the prophet Mohammad (peace be upon him) said, ‘All of creation is the family of God.’ So those who are most beloved to God are those who are best to his family. Those who harm the creation, those that cause injury upon his creation, cannot be beloved to God.”
“I reflect on this incident, and look at the devastation and destruction that was the result of this. The people thought that it was right, but they didn’t take the time to ask themselves, ‘Is this right with Allah?’” Hossain concluded. After 30 seconds of silence, there was 30 seconds of sirens from the San Quentin fire engines.
The Wall Post 1 guard station rang the count bell 13 times in memory of the 13 fallen employees, then fired a 21-gun salute.
The services concluded with a rendition of Taps by two trumpeters.
Group Looks to Youth for Peace
Imagine if your child’s nightly lullaby were the staccato of machine gun fire or that their playground was littered with limb-rendering landmines.
This is the reality for many children caught up in war-torn areas around the globe.
Amala Foundation’s One Village Project is an effort to create a “global” village, uniting youth (13 to 18) in the U.S. with local youth in locations around the world. They promote cultural awareness by developing a youth community established on equality, peace, and honesty, and encouraging service to others.
Youth develop skills in communication and conflict-resolution while discovering numerous methods to be of service to the world. In fostering a global community, 16.5 million youth in the U.S. participate as a part of immigrant and refugee families, often fleeing poverty and the persecution of brutal civil wars or religious intolerance. According to a 2008 survey by the Anne E. Casey Foundation, 49 percent of these youth are living below the poverty level.
Vanessa Stone is a member of the Amala Foundation and a volunteer at San Quentin. “In my day to day life I feel blessed. I feel fulfilled in my heart. I feel unity and the presence of God here. People who’ve come together who normally wouldn’t,” she said. “I was 24 [when] it really started with a group of people who tried to deepen spirituality. I thought it would be great to have an assignment [with] a group of spiritual people.”
One Village’s unique model of leadership is based upon “love, respect, honesty and community.” The youth learn to discover themselves through the eyes of “equality and acceptance,” cultivating unity in diversity.
The Amala Foundation hosts an eight-day Global Youth Peace Summit conference inviting youth from around the globe to unite as “peace leaders” for the world community. The youth emerge from the summit as “Peace Leaders” inspired to serve in the world and in their local communities.
The One Village Project works include helping the elderly, the homeless and young children. Amala collaborates with advocacy agencies to provide refugee and immigrant youth with opportunities to take part in a program of international and local youth united by a mission of healing and peace.
Amala seeks sponsors from among local businesses and individuals. Their goal is to ensure that youths from every socio-economic, cultural and religious background have an equal opportunity to become peace leaders.
“I experienced a lot of suffering in my youth. I felt like a victim, like, ‘Why me?’ My inner voice suddenly changed and I experienced a shift when I realized that I had to lead a life of service. The personal experiences in my life of service have taken me all over the world, from rural African villages to here at San Quentin. I’ve worked where most others wouldn’t want to go,” said Vanessa Stone
The San Quentin activity group, Champion for the Children, has partnered with the Amala Foundation to give youth an opportunity to heal from the wounds of war and violence. Champions for Children organized a walk-a-thon on May 15 to raise money for youth to attend the summit. They were able to bring up 100 people from the outside to walk with 300 inmates for the weekend event. The program began with a day long retreat with Vanessa Stone on May 14.
Gino, a 53-year-old member, stated. “This is an opportunity for us to get out of ourselves and focus on the needs of others. I get the chance to work with my brothers in blue and become one in heart and mind with them to serve as one…”
S.Q. Journalist After 41 Years
Forty-one years ago, a young reporter’s story about the living conditions at San Quentin caused its warden to defend his treatment of prisoners.
Joan Lisetor’s 1970 interview of San Rafael attorney Salle Seaman Soladay caused then Warden L.S. Nelson to respond to the attorney’s assertion, “Leading a safe, everyday life you don’t know the horrors of prison. When you have been into a prison, it is a moral obligation not to walk out without attempting to change the conditions…the public must be made aware…society has no idea what happens inside prison. Wardens are careful not to let out information, and no one will listen to a con. The public assumes what happens is what is supposed to happen.”
Nelson refuted these claims in an editorial entitled, Warden Attacks Lawyer’s Report: “I do not normally reply to irresponsible statements made by people seeking publicity for some cause best known to them. However, the statements made in an article on the subject, ‘Prison Conditions,’ in the Dec. 11 issue of the Independent Journal are so far removed from facts that in fairness to the staff and men of San Quentin, a reply must be made.” Nelson then countered each “Statement” made by Soladay with what he described as “Fact.”
Lisetor continued to work as a reporter for the IJ until 1979. She then moved on to teach journalism at the College of Marin, and was a member of the Marin County Board of Education, which facilitated the educational programs in San Quentin.
She came into the prison sometime in 1981 to watch a graduation. She was introduced to the managing editor of San Quentin News, Joe Morse, who convinced her to assist the paper as a publication adviser. Lisetor said Morse was a “great guy” who was instrumental in producing a newspaper every two weeks. However, Lisetor commented, “The paper was shut down around 1984 after the U.S. Supreme Court ruled that prison newspapers could not be censored.” Nevertheless, Lisetor has never been discouraged about her mission – to teach journalism techniques to prisoners in all the state’s prisons.
After 24 years of being out of print, then Warden Robert Ayers Jr. allowed John Eagan to reactivate the paper in 2008. A short time later, Steve McNamara and Lisetor joined Eagan as advisers.
Lisetor is running for the 2011 Marin Community College District Board of Trustees.
Governor Appoints New Parole Board
Gov. Jerry Brown announced the following appointments to the Board of Parole Hearings:
Dan Figueroa, 60, of Blythe. Figueroa worked at Chuckawalla Valley State Prison as a correctional counselor from 1996 to 2010. He is a Democrat.
Jack Garner, 67, of Gold River. Garner served as a board commissioner since 2005. He was a senior law enforcement consultant to the Commission on Peace Officer Standards and Training from 1990 to 2005. Garner is registered decline-to-state.
Howard Moseley, 44, of Sacramento. Moseley was a deputy attorney general in the Criminal Law Division of the California Department of Justice from 1996 to 2004. He is a Democrat.
John Peck, 54, of Sutter Creek. Peck has served as a board commissioner since 2009. He also served as a retired annuitant deputy commissioner with the board from 2007 to 2009 and as a correctional officer in the California Department of Corrections and Rehabilitation from 1983 to 2007. Peck is a Democrat.
Michael Prizmich, 66, of Plymouth. Prizmich has served as a board commissioner since 2007. Prizmich is a Republican.
Terri Turner, 56, of West Sacramento. Turner has served as a retired annuitant deputy commissioner with the board since 2008. She retired as a regional adult parole administrator in the California Department of Corrections and Rehabilitation in 2007 after serving there since 1980. Turner is a Democrat.
Parole board commissioners’ annual compensation is $111,845.
Volunteer Speaks on Importance of Financial Literacy Group
My father works to get people back into the job market from however they fell out of it: Prison, homelessness, mental illness, drug abuse, bad luck–you name it.
It’s easier when clients are committed to being done with living outside the system, he would say. But he would complain to me privately, “How am I supposed to help people get on their feet if they can’t read? That’s a hard sell to employers.”
Many prisoners can’t read and write, so I decided to volunteer at a nearby prison. My family did some prison church work when I was small, and we had a social circle that included ex-felons. Because of that, prison work does not alarm me the way it does some people. Math and reading are things I know well, so it seemed a good fit.
While tutoring with Free to Succeed, a G.E.D. program held at San Quentin, I met an inmate tutor named Del Banjo. Banjo mentioned a self-help program that he and others were developing. It would be an Inmate Leisure Time Activity Group (ILTAG) named Members of a Modern American Society (MOMAS).
MOMAS would focus on financial literacy with the aim of preparing inmates to reenter society with life skills. It was also intended to reduce recidivism. The group was modeled after adult education classes, and taught by professionals in those fields.
The group needed volunteer teachers with professional credentials. It didn’t take much convincing, after a couple of meetings I realized that I could put my financial planning skills to practical use inside San Quentin.
MOMAS hopes to level the playing field. I am not exaggerating when I say that a graduate, if he applies himself to learn everything in the lectures and books, will end up significantly more knowledgeable than most middle-class Americans.
He will be too sophisticated to be intimidated by banks, taxes, investing or financial jargon. He will also be less susceptible to the scams of predators outside the mainstream financial system. Nor will he be intimidated by job interviews. Through hard work and focus, he will come to know that his current work and life experience are already valuable to both the job market and in opening a business of his own.
I support MOMAS for the good of each individual inmate, as well as society as a whole. Knowledge and training promotes public safety. I strongly believe that what’s good for one is good for the other. The class of society that is “ex-felon” is large and getting larger. The more this class consists of Members of Modern American Society, especially financially, the bigger and more persuasive this class’ voice will be, and society will be better for its perspective.
Hitland Brings Festivities to Lower Yard
It’s one of San Quentin’s favorite events, featuring hot dogs and music. They call it “Hot Dog Day,” with free entertainment provided by the volunteer Hitland group.
LIVE ENTERTAINMENT
At 8:30 on a chilly morning, the Hitland crew and inmate helpers prayed over the food before serving hundreds of anxiously awaiting inmates. Residents of H-Unit and North Block danced and applauded as the live entertainment performed. The taste of entertainment extended from Christian rap to poetry.
Hitland leader Brad “Doc” Walker promotes the aim of breaking down barriers and raising awareness about the love of God. Volunteer Kirk Lang helped set up the stage, noting that he and “Doc” became friends when their children performed in school plays together.
Lang also works with the Grave Robbers theatrical group, which includes several churches in chapel performances.
Other Hitland volunteers included Walker’s son, Kyle Walker, Tommy Brown, Al Chavez, Lorraine Nadeau, Andrea Brown, Marya Morgan, and Kindra Ponzio.
GRAVE ROBBER
Kyle Walker stated that he grew up around the Hitland environment and participates in the Grave Robbers also. “It is a family thing and every week is like a carnival when we set up for these types of events,” he said. “God hasn’t opened the door to the women prison yet, but it’s just a matter of time.”
Andrea Brown, who is going to school to become a dental hygienist, has been with Hitland for seven years. She said that the first time she came into San Quentin “was scary.” But when she left that day, she said she was in tears because she was overwhelmed with so much joy and happiness.
VOLUNTEERS SPEAK
Lorraine Nadeau is also involved in Grave Robbers and other programs, such as the Pregnant Council Center in her area. She said San Quentin was a scary place when she first came in 1978, “but the love for Christ” brought her back.
Marya Morgan and Kindra Ponzio works for K-LOVE-FM Radio 107.3, a Christian rock station that has many programs. Morgan, the public affairs director, said this was her first time to San Quentin. She helps former prisoners at Big Bob’s Burger Joint in Arkansas enter back into society
“With each visit to San Quentin, I’m more convinced of the triumph of the human spirit,” Morgan said. “The men I’ve met are truly amazing in their response to self-help opportunities. I hope to inspire K-LOVE listeners to break into prison, to get past the stereotypes, to care about a man’s human potential, even if his crimes earned him a life sentence. Valuing a convict, investing in him: this is what Jesus meant when He said, ‘I was in prison, and you visited me.’”
Kindra Ponzio active in a group called Youth for Christ, which helps girls in Fresno juvenile hall become positive examples for other young girls. This was her third time at Hot Dog Day and fifth time in S.Q., including her participation in the Grave Robbers.
PROGRAMING HELPS
Ponzio stated, “I am always in awe and honored to be able to come in behind the doors of the Q. With all the programs these guys go through, and the energy they put into becoming better human beings, is amazing. So many of these men are here for a long time– many for life. But it is humbling to see how much they want to become the best that they can be even though they are here. Their goals much of the time is to influence the younger ones whose visit may be shorter. There is so much positive mentorship that is surprising, given the location. If we could figure out a way to give these guys the same mentorship outside, there would be less of a need for it inside. I am honored to meet these gentle men and call them friends.”
Allen Boxall commented, “I found it inspirational to come meet some of the men at San Quentin and see their hearts, hear their stories and witness a transformed human sharing how they have come to this place. It has been an honor to be able to visit here and meet these men, and to learn about how they find opportunities to learn about their mistakes and how they hope to help others avoid the path they went down.”
State Supreme Court to Review Marcy’s Law
The California Supreme Court will decide two issues that are critical for lifers appearing before the Board of Parole Hearings.
The court will decide whether the provisions of Marsy’s Law, which sets the minimum parole denial period at three years and the maximum at 15 years, are unconstitutional because they retroactively increase the punishment for a crime.
The court will also determine whether the board may deny parole based upon a lack of insight when the inmate has accepted full responsibility for the crime and shown remorse, but gives an account of the crime that differs from the official version.
The state Supreme Court will decide whether the provisions of Marsy’s Law may be applied to prisoners who committed their crimes prior to its enactment in December 2008.
The Supreme Court decided to review two cases in which prisoners argue that applying Marsy’s Law to their parole hearings violated both the U.S. and California Constitutions, which prohibit the application of ex post facto laws. A law that retroactively increases punishment for a crime violates the ex post facto clause. The court granted review of this issue in the cases of In re Vicks and In re Russo.
The Supreme Court will review four cases to determine when the board may properly use a prisoner’s lack of insight as a basis to deny parole. Several lower courts have concluded that when a prisoner has acknowledged the material aspects of their crime, shown an understanding of its causes, and demonstrated remorse, then the prisoner’s version of the crime is not a basis for concluding that there is a lack of insight into the crime’s causative factors. The Supreme Court granted review of this issue in In re Adamar, In re Shaputis, In re Macias, and In re Russo.
A Supreme Court ruling on these issues is necessary to bring uniformity to the law because of conflicting decision from various California Courts of Appeal.
In addition, The United States Court of Appeals for the 9th Circuit will decide whether Marsy’s Law violates the ex post facto provisions of the state and federal constitutions. The 9th Circuit has granted review of this issue in these cases, Petrich v. Marshall, Coleman v. Hartley, Saffold v Hartley, and Liebb v. Cullen.
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