After the California parole board granted 81-year-old terminal cancer patient Bill Lambie a compassionate release last July, Superior Court Judge Rodney A. Cortez refused to sign off on his release.
Without further explanation, Judge Cortez of San Bernardino County (Joshua Tree District) wrote, “Defendant’s motion to be released is denied.”
As an octogenarian, Lambie would not pose a threat to public safety if released from prison, according to state prison officials.
San Quentin’s Dr. John Cranshaw traveled to San Bernardino to testify at the Oct. 29 hearing for Lambie’s release.
“I was really surprised he wasn’t released. Mr. Lambie clearly qualified for the compassionate release,” Cranshaw said. “One would think that after being thoroughly cleared by the State Parole Commissioners, Lambie would have been released. After all, they are the experts and who else would know whether someone is a danger to society. I am disappointed in Judge Cortez’s decision not to release him.”
Lambie suffers from lung cancer that has spread throughout his body. Chemotherapy has failed to abate the cancer. According to medical reports, Lambie’s condition has been deemed “severe and irremediable.”
This is not the first time Judge Cortez blocked a compassionate release of a terminally ill prisoner. On Oct. 15, 2011, the Hi-Desert Times reported “Joshua Tree Woman Dies in Jail” which was about another inmate who was denied a compassionate release by Judge Cortez.
“My friends and family are devastated by Judge Cortez’s decision to deny my release,” said a frail Lambie while laying in his bed in San Quentin’s North Block. “I was hoping the judge would sign the recommendation by all the skilled, medical authorities to release me, but he didn’t.”
Lambie’s wife of 52 years Anita ardently equipped their home in preparation of his return and hospice care. Making sure the home would be ready for his return was important to his family, she said. Special railings and other safety apparatus were installed for his well-being and care.
“A prison sentence that was just when imposed could—because of changed circumstances—become cruel as well as senseless if not altered”
Larry K., a friend of Lambie said, “What a tragedy not allowing Bill Lambie this compassionate release. To think this man would be a danger to anyone is beyond ridiculous.” This comment on Lambie’s situation by a friend echoes the sentiments of many prisoners and staff alike in San Quentin.
While pondering the denial and talking about his family, Lambie said, “We don’t understand why Judge Cortez would not allow me the benefit of the doubt and approve the endorsed recommendation for my release. I regret the pain and anguish amassed as a result of my incarceration to both my family and the victim’s family.”
Another family friend and schoolteacher Karen L. Wright wrote Judge Cortez asking, “Was Mr. Lambie’s character, inmate history, and life prior to his conviction even a consideration in your decision? I would like to know what you gain personally and professionally by making decisions to deny terminally ill people the opportunity to return to their families after they have served significant time.” Wright added, “Your decision to grant Mr. Lambie a compassionate release would have been a win/win situation for our prison system, our public’s tax dollars, and his family.”
Lambie said he believes Judge Cortez’s denial of his compassionate release is politically motivated, bias, and unfair.
In 1984, the U.S. Congress gave the federal courts, via the Sentencing Reform Act (SRA), authority to reduce prison sentences for “extraordinary and compelling” circumstances, after taking into account public safety and the purpose of punishment.
The compassionate release authorization recognizes the importance of ensuring that “justice could be tempered by mercy.” Congress wrote. “A prison sentence that was just when imposed could—because of changed circumstances—become cruel as well as senseless if not altered.” The law acts as a “safety valve” to revisit sentences and reduce them “if appropriate.”
Lambie said he had no criminal record before coming to prison. He has served 14 years on a “15 years to life” sentence for second-degree murder.
According to Lambie, “If California had a stand your ground law,” he would not have been charged with a crime. He said the victim came to his home with the intent of doing him harm.
Prior to his imprisonment, Lambie’s life was full of unforgettable adventure. A veteran of the Korean War, Lambie served as a crewmember and gunner on B-29 fighter-bombers completing his service with an honorable discharge. He had a private pilots license, sailed the South Pacific for many years in a 34-foot Yawl sailboat.
For a time, Lambie worked as a Navigator for the National Geographic Society on the research ship Pelé, a 90-foot converted Coast Guard Cutter. This journey took him all over the South Pacific including the Philippines, Indonesia, Australia, and dozens of other “great ports around the world,” said Lambie. Many of his friends affectionately refer to him as “Captain Bill.”
On Nov. 15, Lambie was transferred to the California Medical Facility in Vacaville, to be admitted as a patient in its Hospice unit. Before getting into the transportation bus, Lambie told several friends that he would not give up trying to get back to his family.
Compassionate releases are monitored by the Human Rights Watch http://www.hrw.org. organization that investigate and expose human rights violations and hold abusers accountable. For more on compassionate release, go to Families Against Mandatory Minimums http://www.famm.org.