CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Sunday, July 13, 2008

State Supreme Court weighs parole for killers

Questions before the justices: When can a killer reenter society? How much authority should a governor have? Does a model prison record atone for a horrendous crime?

By Michael Rothfeld
Los Angeles Times Staff Writer

July 13, 2008

Sandra Davis Lawrence is grateful for the simple things she can do now, like pick up her grandniece from school. And she is anxious to make up for lost time, to find a career and start earning money again.

Lawrence spent 24 years in state prison for murdering her lover's wife with a gun and a potato peeler while in a jealous rage. A model inmate, she received a second chance at freedom last summer when a court ordered her released. Since then, she has reunited with family in Los Angeles and tried to re-integrate into society at age 61.

"I want to become a taxpayer," she said in a recent interview. "Everybody is trying to not pay taxes. I want to pay taxes."

But Lawrence may have to return to prison instead, if Gov. Arnold Schwarzenegger can convince the California Supreme Court that she remains a threat to public safety. That she has had no problems with the law in a year of freedom is irrelevant, the governor's office said; she should not have been let out.

The court is poised in coming weeks to seal Lawrence's fate, along with that of nine other convicted murderers seeking freedom. The justices are expected to answer some difficult questions: When should a killer be set free? What are the limits, if any, on the governor's power to decide? Are such factors as an inmate's prison record and age ever more significant than a horrendous crime committed decades ago?

The state parole board had approved Lawrence's release four times since 1993, but three governors vetoed those decisions. Schwarzenegger blocked Lawrence's release twice before judges on the state Court of Appeal reversed him.

The slaying showed "an exceptionally callous disregard for human suffering," the governor wrote two years ago in denying Lawrence parole. "This was a cold, premeditated murder carried out in an especially cruel manner and committed for an incredibly petty reason."

According to the appellate court decision, Lawrence killed her victim in an explosion of fury when, after months in a love triangle, her lover told her he had changed his mind about leaving his wife. She felt betrayed and humiliated, she has said, because he had vowed to marry her.

While she was in prison, Lawrence earned two degrees, learned trades that included plumbing and data-processing, was president of the inmates' Toastmasters Club, worked as a library porter and tennis coach, co-founded a tutoring program and remained discipline-free. She apologized profusely for her crime.

The state sets up a false promise, Lawrence says. It encourages inmates to improve themselves to earn their release, then refuses to let them go.

"I was pretty successful by their standards, inside, notwithstanding the crime itself," she said. "They were talking rehabilitation. The system was talking rehabilitation. Here's a person who's rehabilitated. Now what?"

Increasingly, inmates fighting a parole process they believe is driven by tough-on-crime politics have filed petitions in court, successfully challenging the state's refusal to release them. Lawrence was one of them.

In at least 28 cases since late 2005, including hers, judges have overturned Schwarzenegger's parole denials for inmates who appeared to have reformed or who seemed too sick or elderly to pose a serious threat anymore. Some remain in prison pending appeals. [Mark Godsey]

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My 68 year old father was attacked by a 27 year old. The guy was arrested and let out in 3 days without bail, no drug test while on probation. Case closed by exception. Sheriff Report and Autopsy withheld after case closed. NOVA helped to get Audio cd given by internal affairs guy says he is a wrestler, choked victim, and has a combative disorder. Also on CD is father of the guy stating his friend worked as chief deputy under the current DA of Riverside County. This case did not have a judge or get heard. It got swept under carpet. The guy now harasses the 72 year old wife and there is no protective order. On top of all of this the family had requested a elder advocate and was told it does not exist in Riverside County. A couple weeks ago the DA got award for that division. August 5 th one year and this guy is out to do it again.

Posted by: Dawn | Jul 25, 2008 4:24:48 AM

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