John Dannenberg composed countless writs, motions and legal briefs for himself and a great many of his peers during his more than 23 years behind bars.
His list of accomplishments through the courts brought him a well-deserved reputation throughout the state, both in and out of prisons, as one of the preeminent and most prolific legal minds among “jailhouse” lawyers. In the minds of some, Dannenberg was the best.
Whatever his legacy in the Lifer community, his diligence and perseverance paid off when the San Jose based 6th District Court of Appeal, for the second time in two years, ordered his release on parole. And this time, Dannenberg went home.
The former Los Altos businessman, who arrived at San Quentin from Vacaville in 1996, was serving a sentence of 15-years-to-life for a second degree murder conviction in the 1985 death of his wife, Linda.
His bid for freedom propelled his case to the California Supreme Court and resulted in a major ruling, which was overturned three years later, that used “the elements of an offense” to lengthen the time spent in prison for many Lifers. The “elements of an offense” ruling allowed the governor or parole board to deny parole in cases in which the elements of the crime were determined to be more heinous than those of a similar offense.
Dannenberg was determined by the parole board to be suitable for parole in 2005, but Gov. Schwarzenegger overturned their decision, citing the “egregious” nature of Dannenberg’s offense.
Ultimately, it was a Supreme Court ruling in the landmark case of Sandra Lawrence that was to pave the way for Dannenberg’s release on parole. In the Lawrence decision, the court ruled that “public safety” and an inmate’s “current dangerousness” are the relevant factors in determining suitability for parole.
The court, in ordering Dannenberg’s immediate release effective Jan. 25, cited his 23 years of disciplinary-free behavior and extensive record of involvement in numerous programs aimed at self-improvement. The governor’s office decided not to press the case further, and Saturday, Jan. 31, he walked out the gates.
“The future is bright for so many others who find themselves in my same shoes, thanks to the decision in Lawrence,” said Dannenberg. “I encourage everyone to file in the courts for their release under this ruling, comparing themselves to Lawrence.”
He predicts that many Lifers throughout the state will gain their release through the courts as a direct result of the Lawrence decision, perhaps signaling an end to the state’s long-running practice of denying parole for term-to-life prisoners.
Dannenberg has been a prolific contributing writer for Prison Legal News (PLN), with over 950 articles on prison-related issues published in the monthly legal publication since 2000.
“The work I did for PLN helped to bring the issues of imprisonment out into the public view for prisoners and non-prisoners alike,” he said. His work covered areas such as medical issues relating to prisoners, legal decisions and explaining case law for non-legal readers.
Dannenberg was directly responsible for having 12 cases published in law books over the years, though not all of them were published under his name.
His accomplishments have included participation in the Alternatives to Violence program, Breaking Barriers, Restorative Justice, New Leaf On Life, the Men’s Advisory Council and considerable time spent as a law librarian. He was also active in the S.Q. Jewish temple.
Dannenberg says that his immediate plans are to restart the business that he once owned which installed energy conservation systems. At one time his business, located in Santa Clara County, employed 30 people.
He also intends to campaign as a strong advocate for prison reform, focusing on what he perceives as the inadequacy of the entire prison system. “It lacks direction,” said Dannenberg, who has already received offers for a number of speaking engagements.
Asked to sum up what his release means to him, he said, “It’s a beautiful thing after all these years,” with a smile that lit the room.
