Numerous San Quentin inmates are still waiting for their day in court nearly a year after voters agreed that the nation’s toughest recidivist law punished them too harshly.
California voters approved Proposition 36 last November. The new law modified the Three-Strikes Law and gave judges an opportunity to reduce life sentences given to offenders who committed non-violent/non-serious crimes. However, judges are mandated to review each case to ensure that the petitioner’s release would not endanger public safety.
Of the 1,092 petitions filed, 1,011 inmates have been released, according a study by Stanford University. Less than two percent of offenders released, have committed a new crime. By comparison, 16 percent of regularly paroled inmates released between 2003 and 2004 committed new crimes within the first 90 days of their release.
“The low recidivism rate of inmates released under Proposition 36 confirms the Department of Correction’s static risk projections that inmates sentenced to life under the Three Strikes law for non-serious, non-violent crimes are among the safest to release from custody,” according to the study.
However, 2,000 cases have yet to be processed, with more than 800 of them originating from Los Angeles County. Counties other than Los Angeles have resentenced 40 percent of all eligible inmates, according to a Daily Journal analysis of data from California prison officials. (Graph: Number of Prop 36 Cases Pending and Processed)
In 1994, James Norton was arrested for possession of a firearm and sentenced to 25 years to life. After being determined to be eligible under Proposition 36, Norton accepted representation from the Los Angeles County Public Defenders.
He said the district attorney has asked for and has received seven extensions of time to bring his case to the court.
“It took them three months to convict me with the evidence they had,” said Norton. “Now that it’s time for me to have my day in court, I can’t get a court date, and it’s a year later.”
Norton’s case is not unusual for qualifying petitioners from Los Angeles County.
Kevin Tindall, 53 has been imprisoned since 1998. He was convicted of receiving stolen property and sentenced to 25 years to life.
He filed his petition for relief under Proposition 36 last February. The district attorney handling his case has filed three extensions of time.
Tindall said his lawyer told him that she made a strategic decision not to oppose the extensions. In a telephone conversation with his lawyer, Tindall learned that the “strategic decision” was because the lawyer said she didn’t want the district attorney to oppose his resentencing.
“I believe that the district attorney’s job is to keep me in prison,” said Tindall. “So, allowing the DA excessive extensions to find evidence that would keep me in prison doesn’t make sense. It’s my attorney’s job to fight for my freedom based on the reasons Proposition 36 was passed.”
In 2000, Derek A. Loud, 48, was convicted of grand theft. He was sentenced to 25 years to life. The public defender took his case last December.
After the district attorney was granted two extensions of time to file his case—Loud’s attorney opposed the third.
“Now that my lawyer is opposing the extension, the DA has suddenly opposed my release, based on my prior convictions, and something about me ‘possibly’ having a knife during my crime,” Loud said.
Kevin A. Callahan was convicted of driving without owner’s consent. He said his crime is commonly known as joyriding. His sentence, 28 years to life.
He said he began his case by filing a petition to the court himself and all the court documents went directly to him. “Once Post Conviction took my case, all the stuff went to them and the extensions began,” Callahan said. “The district attorney was looking at everything in my file, and asking for individual extensions for everything they found. So far they’ve ask for three extensions.”
Callahan said while he was at Donavon State Prison some people were taken to L.A. county jail to wait for a resentencing hearing. But the process was taking so long that they asked their judge to send them back to state prison, so the judge sent them back.
Willie Stephens, 60, was convicted of possession of a firearm in 1999. He was sentenced to 25 years to life. Post Conviction has represented him since February. The district attorney has asked for and received an extension of time for 90 days.
Michael Walker, 60, was convicted of possession of cocaine in 1996. He was sentenced to 26 years to life. Walker filed his own petition a week after the initiative was passed. Post Conviction now represents him. The district attorney has asked for and received three extensions of time to file his case. Walker said he has not had the opportunity to read the reasons for the extensions.
William Marshall, 53, was convicted of possession for sale of crack cocaine in 1997. He was sentenced to 25 years to life. He was contacted by the public defenders office shortly before the law was passed. He said they made it appear that it would be a simple process, so he agreed to accept their representation. The judge scheduled his case to be heard early this year, however, the district attorney asked for and received several extensions of time to prepare his case. Then Marshall was contacted by the public defenders office with a stipulation that in order to gain his release, he had to sign and agree to Post-Release Community Supervision.
“The incarceration cost to keep the 2,000 qualifying inmates locked up is about $112 million”
“I was hesitant to sign the agreement,” Marshall said, but all of the extensions of time wore him down. “I could not turn down my freedom. Even though I believe those conditions are illegal.” He still is waiting to be released.
Ivory Joe Ewells was sentenced to 25 years to life for grand theft. Post Conviction represents Ewells. The district attorney has received two extensions of time to file his case.
Mitchell E. Fryer, 42 was convicted of transportation of marijuana and sentenced to 25 years to life. Post Conviction has represented him since February.
According to the Legislative Analysis Office, the annual cost of incarceration for each state prisoner is $56,421; this translates to $154.58 a day.
In the nine cases of Norton, Tindall, Loud, Callahan, Ewells, Fryer, Stephens, Walker, and Marshall, if they were released pursuant to Proposition 36, to date taxpayers would have spent about $500,000 less on their incarceration.
Since Proposition 36 was passed last November, the incarceration cost to keep the 2,000 qualifying inmates locked up is about $112 million.
