The California Supreme Court made it easier Thursday for prison inmates to win parole despite a governor's objections, ruling that a woman who fatally shot and stabbed another woman with a potato peeler should remain free.
The 4-3 ruling, written by Chief Justice Roald M. George, could affect nearly 1,000 parole cases now on appeal. Lawyers on both sides said it was the first time in recent history that the state high court ruled in favor of a prisoner in a parole case.
The decision upheld the release of Sandra Davis Lawrence, who spent nearly 24 years in prison for shooting and stabbing her lover's wife in a jealous rage. The state parole board had approved her release four times since 1993, but three governors, including Arnold Schwarzenegger, overturned the board's decisions.
In denying her parole, Schwarzenegger cited the "shockingly vicious" attack and Lawrence's use of various aliases to avoid arrest for 11 years after the murder.
An appeals court said Schwarzenegger's denial was not supported by evidence that she remained dangerous.
In Thursday's ruling, George said there was "overwhelming" evidence of Lawrence's rehabilitation while in prison and her suitability for parole. She earned two degrees in prison, learned trades that included plumbing and data processing, was president of the inmates' Toastmasters Club, worked as a library porter and tennis coach, cofounded a tutoring program and remained discipline free. She apologized repeatedly for her crime.
The court said decisions on whether to grant parole to prisoners who received life sentences should be based on whether the inmate would pose a danger to the public if released. The court's action marks a departure from a 2002 ruling, which held that the crime itself could justify a denial.
In reviewing parole denials, courts should not merely consider "whether an inmate's crime was especially callous, or shockingly vicious or lethal," George wrote in Thursday's decision. Courts should also examine whether the nature of the crime and other evidence support "the ultimate conclusion that an inmate continues to pose an unreasonable risk to public safety," he said.
The majority said that other evidence, such as the inmate's prison record or his or her mental state or demeanor, should be considered in deciding whether the felon posed a safety threat.
George said state law requires the parole board and the governor "to normally grant parole to life prisoners who have committed murder."
