LWOP and the BOARD

When I came to prison in 1978, ten days into 20 years old, a naïve kid from the heart of the high deseret, I wanted to pay for the wrong I had done. I was given Life Without the Possibility of Parole. I thought that could not mean forever and there must be a route to a second chance.  My paperwork said I would go to the Board after 12 years, so that would be 1990, beause my time actually started in 1977.  In the meantime, I started to grow up and know myself and evolve into a full human being with an understanding that all life mattered.  I was on my selfrehabilitation journey.  The year 1990 came around and I went to the Board and the Deputy Commissioner of the Board said the proceedings will be run like a regular board hearing. He complimented me on my art work and in particular, my writing accomplishments. He said the reason he is not recommending me for parole, pardon or clemency was because I did not have enough time in yet. He also said I should write my way out of prison. He said I would be summoned back to the Board oin 1993.   The Board never called me and supposedly repealed that LWOP Board law taking effect in 1994.  By my not being summoned back to the Board as contracted and by law, is a continuing violation of the 6th, 8th and 14th amendments to the U.S. Constitution and Ex Post Facto laws.  My crime happened  in September, 1977, commencing July 1, 1977. During 1981-1982, all life prisoners were entitled to annual hearings. Watson,866F.2d@1094;p.c.§3041.5(b)(2). It should be duly noted that on July 1, 1977, the state legislature enacted the California Determinate Sentence Law (“DSL”). Under this enactment, prisoners serving Life Without Possibility of Parole (LWOP) were statutorily entitled t o p a r o l e c o n s i d e r a t i o n . C h a t m a n , 7 5 4 F 2 d 1 5 3 1 33,p.c.§2100etseq.,2245-2292,2300.  I am a LWOP, and likewise, I am entitled (866F.2d1093,9thcir.1989). I therefore have a state created vested liberty interest same ascertains. Stanworth@786-787;p.c.§3041(a).    CDCR continues to ascertain that parole law was  repealed in 1994. There was no legislative action to repeal that law. Furthermore, it should be noted that in accordance to clearly established state and federal laws appertaining to this matter, notwithstanding the 1993 repealer Title15ccr§2817et.seq.,register93,no.52 or the revisions to BPT [BPH] rule2817,operative date January 19, 1994, eliminating the requirement of the Board to schedule and conduct LWOP reviews, I still have “a vested state created liberty interest” which entitles me to parole considerations. In re Stanworth, 187 Cal.Rptr. 783, 786-787 (1982); per C§3041 (a); Weaver v Graham, 450 US 24 (1981).  My crime was committed in 1977, therefore under California Determinate Sentencing law (DSL). Under this enactment, prisoners serving LWOP were statutorily entitled to parole consideration. Chatman v Marquez, 754 F. 2d 1531-33 (9th Cir. 1985).  To reduce prison population, sensible parole for prisoners who have been incarcerated for decades should be considered. Continuing violation of a prisoner’s 6th, 8th, and 14th amendments, U.S. Constitution and Ex Post Facto is not justice, but is injustice.  

First published in the SJRA Advocate