Concord family sues Schwarzenegger over commutation

[alp227]

Source: San Francisco Chronicle

(01-20) 12:41 PST Sacramento - --

The family of a murder victim filed a lawsuit today against the state and Arnold Schwarzenegger, arguing that the former governor illegally commuted the sentence of one of the attackers.

During his last hours in office, Schwarzenegger commuted the sentence of Esteban Nuñez, the son of former Assembly Speaker Fabian Nuñez. Esteban Nuñez's sentence was reduced from 16 years in prison to seven years.

The family of Luis Santos filed the suit against Schwarzenegger and the California Department of Corrections and Rehabilitation in Sacramento County Superior Court, alleging that Schwarzenegger violated the state Constitution. The Concord family wants Nuñez's original sentence reinstated.

Specifically, the Santos family is claiming Schwarzenegger violated provisions of Prop. 9, also known as Marsy's Law, passed by voters in 2008, that amended the Constitution to provide greater rights for victims of crime.


Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/01/20/BA3E1HC5O8.DTL

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Oh, check out this story about the former governor's smirking joke of a apology letter to the Santos family.

[cleanhippie]

1. Is there a clause in the CA Constitution that limts gubernatorial power...

when it comes to this? I thought the Governor can do that at his/her pleasure for any reason, no?

Seems like the PROP 9 clause states he has to notify the "victims" and not any relatives.

[Tempest]

3. Prop 9 covers victims and their families

Other Expansions of Victims' Legal Rights. This measure expands the legal rights of crime victims in various other ways, including the following:

* Crime victims and their families would have a state constitutional right to (1) prevent the release of certain of their confidential information or records to criminal defendants, (2) refuse to be interviewed or provide pretrial testimony or other evidence requested in behalf of a criminal defendant, (3) protection from harm from individuals accused of committing crimes against them, (4) the return of property no longer needed as evidence in criminal proceedings, and (5) "finality" in criminal proceedings in which they are involved. Some of these rights now exist in statute.


It also gave families more rights in parole hearings.

[cleanhippie]

4. Hmmm, not sure i agree with that.

The justice system is supposed to be impartial (I know, it often is not), but allowing families to inject their personal FEELINGS and EMOTIONS into the case? How can that ever be impartial?

[bluestateguy]

2. Schwarzenegger's LIBERAL SOFT ON CRIME, hug a thug policies

Barack Obama supports the death penalty for 1st degree murderers and has been the stingiest president in history with the pardon.

Get out of jail free cards. Schwarzenegger on crime.