CA Complete Info

CDCR-BPH
Acronyms
ACRONYMS
AA - Alcoholics Anonymous
AA/NA - Alcoholics Anonymous/Narcotics Anonymous
ABE - Adult Basic Education
AD SEG - Administrative Segregation
ADA - Americans With Disabilities Act
AG - Attorney General
AVP -Alternatives to Violence Project
AWOL - Absent Without Leave
BPT - Board of Prison Terms (former name of Board of Parole Hearings (BPH))
C&PR - Classification and Parole Representative
CC - Correctional Counselor
CDC or CDCR - California Department of Corrections and Rehabilitation
CGA - Criminals and Gangs Anonymous
Cl&I - Criminal Identification and Investigation (FBI report)
DAPO - Division of Adult Parole Operations
DEC System, or DECS - Disability and Effective Communication System
DSL - Determinate Sentence Law
Erne - pronounced Eh-may - Mexican Mafia
EPRD - Earliest Possible Release Date
ERMS - Electronic Record Management System
GOGI - Getting Out by Going In
HMIS - Health Management Information System

\SL - Indeterminate Sentence Law
LSTS - Lifer Scheduling and Tracking System
LWOP - Life Without Possibility of Parole
MOO - Mentally Disordered Offender
MPH - Medical Parole Hearing
NA - Narcotics Anonymous
SACCO - Sacramento Control Office Unit, Reg. 1
SHU - Security Housing Unit
SOMS - Strategic Offender Management System
TABE score - Test of Adult Basic Education
VNOK(S)- Victims Next of Kin (this includes victims also)

List of Institutions
Site Location
Institutions Address City/State
•
--
California Correctional Center (CCC}
Northern Regional Office
711-045 Center Road Susanville, CA 96127
California Medical Facility (CMF) 1600 California Drive Vacaville, CA 95696
California State Prison, Sacramenlo (SAC) 100 Prison Road Represa, CA 95671-0002
-·
California State Prison, Solano (SOL} 2100 Peabody Road Vacaville, CA 95696-4000
California Health Care Facility (CHCF) Stockton 7707 South Austin Road Slocklon, CA 95215
Deuel Vocational lns!ilution (DVI) 23500 Kasson Road Tracy, CA 95376
A
Folsom Stale Prison ( ~ r: s \? 300 Prison Road Represa, CA 95671
High Desert State Prison (HDSP) 4 tS--750 Rice Canyon Road Susanville, CA 96127
t>.1ule Creek State Prison (MCSP) 4001Highv1ay104, P. 0. Box 409099 lone, CA 95640
Pelican Bay Slate Prison (PBSP} 5905 Lake Earl Drive Crescent City. CA 95531
Sacrarnento Cen\ral Office (SACCO) 10961 Sun Center Drive Rancho Cordova, CA 95670
San Quentin Slate Prison (SQ) San Quentin State Prison (SQ) San Quentin, CA 94964
Sierra Conservation Center ($CC) 5100 O'Byrnes Ferry Road Jamestown, CA 95327
Central Regional Office
Avenal State Prison (ASP) #1 Klngs Way Avena\, CA 93204
CA Substance Abuse Treatment Facility (SATF) 900 Quebec Avenue Corcoran, CA 93212-7100
California Correctional Institution (CCI) 24900 Highway 202 Tehachapi, CA 93561
California State Prison, Corcoran (COR) 4001 King Avenue Corcoran, CA 93212~8309
Central California \ 11/omen's Fsclllty (CCWF) 23370 Road 22 Chowchilla, CA 93610-1501
B CorTectional Training Facility (CTF) Highway 101 North Soledad, CA 93960-0686
Kern Valley State Prlson (KVSP) 3000 West Cecil Avenue Delano, CA 93216
North Kern State Prison (NKSP) 2737 'vVest Cecil Avenue Delano, CA 93215-0567
Ple1asanl Valley State Prison (PVSP) 24863 W Jayne Ave Coalinga, CA 9321 O
Salinas Valley State Prison (SVSP) 31625 High1,vay 101 Soledad, CA 93960-1020
Valley State Prison ,v::-•C',1 216233 Avenue 24 Chowchilla, CA 93610-0099
VVasco State Prison (WSP) 701 Scofield Avenue Wasco, CA 93280-8800
Southern Regional Office
Al~1scadero State Hospital 10333 El Camino Real Atascadero, CA 93422
GP, State Prison, Los Angeles County {LAC) 44750 60th Street West Lancaster, CA 93536-i620
California Institution for Men (CIM) 14901 Central Avenue Chino, CA 91710
Callfornia Institution for Women (CIW) 16756 China-Corona Road Corona, CA 92880
C.a!ifornia tv1en's Colony (CMC) Highway 1 San Luis Obispo, CA 93409
c Callfornia Rehabilitation Center (CRC) 5th Street and Western Norco, CA 92860
Calipatria Staie Prison {CAL) 7018 Blair Road Calipatria, CA 92233-5001
Centinela Stale Prison (GEN) 2302 BrovJn Road Imperial, CA 92251-0731
Chuckawalla Valley State Prison (CVSP) 19025 Wiley's Well Road Blythe, CA 92225
[r,::inwcod State Prison (ISP) 19005 'vViley's Well Road Blythe, CA 92225
Patton State Hospital 3102 E. Highland Avenue Palton, CA 92369
R~J. Donovan CotTectional Facility {RJD) 480 Alta Road • .u San Diego, CA 92119
Job Order Sheets
BOARD OF PAROLE HEARINGS
P.O. SOX 4036
.3ACRAMENTO, CA 95812·4036
January 11. 2016

Date Notified and Uploaded in WatchDox:
01/0812016
Northern California Court Reporters

Due Date: 01 /19/2016 by 2:00 P .M.
1325 HOVVE AVENUE, SUITE 105
SACRAMENTO CA 95825
Date Returned:
Job Order No: 2016-002
Nortl1ern CalHornia Court Reporters
The below listed recordings have been uploaded into WatchDox for processing. If there are additional recordings in the
WatchDox upload that are not identified on this Job Order, please contact us before you proceed v1ith transcription of
the hearing(s). You will only be reimbursed for transcripts identified as follows:
-- --- -[--~;c#_r __ tnst Hearing

Date
J oecis~on Type #of
Pages
--~--· ---- ·---·---·-~---~-----;
BETIY,JEAN, HANSEN W30086 CCWF 0110512016 Grant DlGlTAL

=--2 -.~ ~~RELL,~~~~IS,~ANIELS ... ·-J~~~~3- - ··- ~~ 1-011051~~!6 ~ -~~a~;---- ..,~D~!IAl__~~-~-· -~-]
.___}-~ROSS, WAYNE, .§ULENFIELl2_ _ . __K95153 __C:MC __ -~- 01/06/20_16 " Grant DIGl_T_!:'~ __;_ I
4 CESAR.VELASQUEZ, P33369 CTF I 01/06/2016 Grant DIGITAL
HERNANDEZ
5 RAY, MARTINEZ D53544 CMF 01/06/2016 Grant DIG1-fAL 1
6 JOSE,A, MARTINEZ J82593 FOL
1
Gra~ -;_ ~1-G~A~_-
-r-- 01/06/2016 '
7 GILBERTO,M, MILLAN P70041 CMC 01/05/2016 Grant j DIGITAL I
-- " - t.
T !
8 MICHAEL,TERENCE, ROTHWELL C10513 CTF !
- -!
01/06/2016 Grant DIGITA~--t
9 CHARLES, WINTER K95146 CMC I 01/06/2016
- - -----,-- -- --····
Grant 1 DIGITAL i
-- ·t
10 PAULETIE,REGINA, VILLA W73084 CCV\IF ~. 01/06/2016 I Grant j DIGITAL
11 ANTHONY.DEMETRIUS, TAYLOR K01532 FOL j
!
01/0512016 I
.
Grant DIGITAL '
Total number of Recording(s) = 11
If you ha~ any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach al (916) 324-9280.
Sincerely,
',-" ,, ,. ,· "',
JANICE C. LEACH
Office Services Manager I
Decision Processing Unit
Rev 1012015
"'.O. BOX 4036
.:>ACRAMENTO, CA95812-4036
January 11, 2016

Date Notified and Uploaded in WatchOox:
0110812016
Due Date: 01/19/2016 by2:00 P.M.
1325 HOWE AVENUE, SUITE 105
SACRAMENTO CA 95825
Date Returned:
Job Order No· 2016-003
Northern Cal"1fomia Court Reporters·
The below listed recordings have been uploaded into Watch Dax for processing. If there are additional recordings in the
VVatchDox upload that are not 1denti1ied on this Job Order. please contact us before you proceed with transcription of
5
6
RICHARD,MICHAEL, MC
LAUGHLIN
-~MMIE,ANNE, MC LEAN
· -CEASAR,ENRIQUE,
- RIVAS
.j.
'
T---
W65910
K17994
CIW
ISP
01/06/2016 '
01/05/2016
Slip
Wai\€
-r oiGlr~~ .•-..-_
D!GITA_L_ t
J
_·.ii
7 ANTOINE,LIONEL. SMITH J39275 ISP 01/05(2016 Waive j DIGITAL -r-
8 BILLY,LEWIS, TITUS H78685 RJD 01/05/_20_1_6 ~ _ ~ostpone l DIGITAL l. __ , _i
If you ha\13 any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach at (916) 324--9280.
Sincerely,
JANICE C. LEACH
Office SenAces Manager I
R!."V. 10/2015
o.o.BOX 4036
.5ACRAMENTO, CA 95812-4036
January 11, 2016

0110812016
1325 HOVVE AVENUE. SUITE 105 Due Date: 01/19/2016 by 2:00 P.M.
SACRAMENTO CA 95825
Date Returned:
Job Order No: 2016-004-MPH Confidential
Northern California Court Reporters_
The below listed recordings ha\€ been uploaded into WatchDox for processing. If there are additional recordings in the
WatchDox upload that are not identified on this Job Order, please contact us before you proceed with transcription of
~
: No. I
----~---~----
CDC# Inst
Hearing·--i---;~isi~;---r- ;~~e- -y- #Of- ,
Name
Date j I Pages 1
'
~A_LV.1~ ..~~Af(.'._~EESE ____ ·-· _,__'='_0~~50 j_ C!v'IF .J. 01/05/2016 --~i~ap2ro>..e_ --~GITAL __
Total number of Recording(s);;;; 1
If you half.;'; any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach at (916) 324-9280.
Sincerely,
JANICE C. LEACH
Rrv 10/2015
P.O. BOX 4036
SACRAMENTO, CA 95812-4036
January 12, 2016 Date Notified and Uploaded in WatchDox:

0111212016
Due Date: 01/22/2016 by 2:00 P.M.
SACRAMENTO CA 95825
Date Returned:
Job Order No: 2016-011 -MOO Confidential
Northern California Court Reporters:
The below listed recordings halR been uploaded into WatchDox for processing. If there are additional recordings in the
[-N-~. [ Name ·1c-;;~-#~j~_ . Inst H~J Decisio·~--i---T;-; #of

Pages
DONALD,GREGORY,JR, CLON1Z ~8
·-----1· -- - - -r
SHS-ASH
-----
12129/2015 !
. ·--
Reaffirm
--------1------·~ -- DIGITAL
-- - -- .
2 SHAWN, COLLIN, HILL G03118 I SHS-ASH: 12/2912015 ; Reaffirm DIGITAL .
GABR!EL,LOPES, LOPEZ -~-;6465 l _SH;_;SH···--.;2130/201-s" ---Re~~~~ - ·-o~G;~~L~ - - - -
f: EDGAR, ADAMS T98652 SHS-ASH 12/29/2015 Reaffinn DIGITAL
5 GARRETI,MATTHEW, LANDRETH F45832 SHS-ASH 12/17/2015 Reaffinn DIGITAL
If you have any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach at (916) 324-9280.
Sincerely,
JANICE C. LEACH
Office Sel\1ces Manager I
Rel' 10/2015
'='.O. BOX 4036
JACRAMENTO, CA 95812-4036
February 09, 2016

0210912016

Due Date: 02/1212016 by 2:00 P.M.
SACRAMENTO CA 95825
Date Returned:
Northern California Court Reporters: Expedited

The below listed recordings ha>e been uploaded into WatchDox for processing. If there are additional recordings 1n the
~~ _L_____-_-~-Na_rn_.-_-_-_-_-_-_-_--_JL____c_o_c_#_-+-_i_n_s'_~~H~~;;" ~[~~~~1~~ ,___ r~e ~-r~:s-

fv1ANUEL,VERDIALES, J10087 SOL ___
o1_/29/2016, Grant__ j_ DIGITAL
VALENZUELA
If you ha\e any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach at (916) 324-9280.
Sincerely,
JANICE C. LEACH
Office Sel'\1ces Manager I
Decision Process'1ng Unit
Rev 10/2015
ST ATE OF ''Al IF'lRNlf, DFPARTMFN. or cnR;;ECil'lNS /)NO PFHABfl !TATIOt, ~OM! 1Nn G RRO\'Jts IF r;nvfRNOR

P,Q_ BOX 4036
Fehruar~ 24, 2016

Date Notified:- 02/24/16
Northern California Court lleporlers Date/ Initial Picked Up:- 02/25/16
1325 Ho'''c AYcnue, Suite 105 Due Date:- 02129116 by 2:00 P.M.
Sacran1cnto, CA 95825
Date Returned:-
,Job Order No.: 2016-C-Expccli!c ('onfirlcnl,ial
Jlei,:ul<ir I-le;11·ings:
Enclosed are digital recordings for transcribing. If the1·e arc additional recordings in the upload that
are not identified on this .Job Order, please contact us before you proceed \Vilh transcription of the
hcaring(s). )-'ou \Viii only be rei1nhursccl for transcripts identified as follo'1·s:
Name
CDC
No.
Institution i Hearing
Date
Decision
#of
Pages I
1 COLEMAN, MELVIN 854623 FOL I 10/7/2014 DENIAL
2 MARTINEZ, MANUEL J28471 CVSP I 10/3/2014 DENIAL
Total nu1nber of Digital Hearings= 2
If you have any questions, please contact '!'odd Egolf at (916) 324-9307, or Janice Le:tch at (916) 324-9280.
Sincerely,
1'odd Egolf for

Janice Leach
Office Services l\-1<1nager 1
Page:: 1 or I
P.O. BOX 4036
SACRAMENTO, CA 95812.4036
April 7, 2016
Date Notified:- 04/08/J 6
~orthcrn California Court H.cporters !Date I Initial Picked lip:- 04/08/16
1325 Ho\YC .i\Ycnue, Suite 105
Sacramento, c:.t\ 95825
II Due Date:- 04/13/16 bJ'• 2:00 P.M.
Date Rett1rned:-
Job Order No.: 2016-E-lntervic'\ ElLpcrlile C:onfidcntial
Investigatory Jntcrvic,,·s:
Enclosed arc digital recordings for transcribing. If there are additional recordings in the upload that
arc no! identified on this Job Order, please contact us before you proceed "'ith transcription of the
hearing(s). \'ou '"ill only be rci1nbursecl for triinscripts identified as follo\YS:
I~
I CDCR Interview
Name Institution i
I No. /CO Date _ Pages
'
I DELLING, RICK
1 C66986 SQ ' 4/4/2016
i GARY
2 co SQ '
4/4/2016
-3-I HONG, SYYEN

K57978 SQ ! 4/4/2016
4 MOORE, GERRE J91576 SQ I 4/4/2016
'
5 POLLEY,STEPHEN C57727 SQ I 4/412016
6 TEDESCHI, MARK P36344 SQ I 4/412016
7 WERNER, BERNARD 040204 SQ I 4/4/2016
·rota! number of Digital H.ecorclings = 7
If you have any questions, please conl11c( l'o<lcl Egolf at (916) 324-~9307, or Janice Leach at (916) 324-9280.
Sincerely,
Todd Egolf fo1·

Janice Leach
Office Services 1\tlannger I
Decision Processing llnit
Page 1 of I
P.O. BOX 4036
SACRAMENTO, CA 95812--4036
.June 17,2016
!'lorthern California Court Reporters Date I Initial Picked Up:- 06/18/16
1325 Ho\ve Avenue, Suite 105 Due Date:- 06/27/16 by 2:00 P.M.
Sacrarnento, c:A 95825
Date Returned:-
Job Order No.: 20 ! 6-1-Confidcntial
Regular Hearings:
Enclosed arc digital recordings for t1·anscribing. If there arc additional recording.<;, in the upload that
arc not identified 011 this Job Order, please contact us before you proceed \\'ith transcription of the
hcaring(s). )'ou '\'ill only be rcirnbursed for transcripts identified as follo"'s:
Name
CDC Institution
Hearing
Decision
#of
I No. Date Pages
1 I THOMPSON, RONALD H44393 SOL 8/21/2016 DENIAL
Total number of Oigital/..-\nalog l-Ie:irings = 1
If you have any questions, please contact Todd Egolf at (916) 324-1946, or .J:inicc Leach at (916) 322-3780.
Sincerely,
Todd Egolf for

Janice Leach
Office Services l\lanager l
l'ag~lof"J
~T>\If Q<' Ci\' IEORNlt. - oEpt.RTl~ENT OF ,.ORRECTIONS A~JD BFHA.Rll ll Al!Of;

P.O. BOX 4036
August 19,2016
Northern California Court l~cportcrs Date I Initial Picked Up:- 08/20/16
1325 1-lo\\'C Avenue, Suite 105 Due Date:- 08/29/16 by 2:00 P.M.
Sacran1cnto, CA 95825
Date Returned:-
Job Order No.: 2016-L-Jntcrvie'v Confidential
lnveslig:itory lntcrvic\vs:
Enclosed arc digital recordings for transcribing. If there are additional recordings in the upload that
arc not identified on this .Job Order, plc~ise contact us before you proceed \Vith transcription of the
hcaring(s). \'ou \\'ill only be rci1nburscd for transcripts identified as follo"'s:
Name
I No.
CDCR
I CO
Institution I Interview #of
Location Date Pages
I' /DA
1 WICKS, THEODORE I 022916 FOL 7/31/2016
'
Total number of Digital l{ccordings =I
lf)'OU have any questions, please contact 'fodd Egolf al (916) 324-1946, or .Janice Leach at (916) 322-3780.
Sincerely,
Todd Egolf for

Janice Leach
Office Services Manager
Decision Processin~ llnit
L,a111urn1a L,OUnty Aoorev1at1ons
-
ALA Alameda 'MEN Mendocino SF San Francisco
ALP Alpine MER Merced SHA Shasta
..
AMA Amador MNO Mono SIE Sierra
- - -
BUT ,Butte MOD Modoc SIS Siskiyou
- i\i-6N
CAL Calaveras Monterey SJ .San Joaquin
-
cc Contra Costa MPA
-
Mariposa SLO San Luis Obispo
__COL Colusa
..,_.
.MRN Marin SM San Mateo
ON Del Norte NAP Napa SOL Solano
--- -- - ---
ED El Dorado NEV Nevada 'SON Sonoma
-· - -
FRE .Fresno ORA Orange STA Stanislaus
..
GLE Glenn PLA :Placer SUT Sutter
-
HUM .Humboldt PLU ,Plumas TEH Tehama
JMP ,Imperial ,RIV -Riverside TRI Trinity
INY Inyo SAC .Sacramento TUL Tulare
- - ···--------
KER 'Kern SB Santa Barbara TUO .Tuolumne
KIN .Kings :SBD San Bernardino VEN Ventura
-- --.. - -
:LA Los Angeles SBT San Benito YOL Yolo
.. -
'LAK Lake SCL Santa Clara .YUB Yuba
-
,LAS Lassen SCR Santa Cruz
..
MAD 'Madera SD San Diego
o:i.o. BOX4036
JACRAMENTO, CA 95812-4036
January 11, 2016

01/08/2016
Northern California Cou1i Reporters
1325 HOWE AVENUE, SUITE 105 Due Date: 01/19/2016 by2:00 P.M,
SACRAMENTO CA 95825
Date Returned:
Northern Ca1'1forn·1a Court Reporters:
The below listed recordings have been uploaded into WatchDox for processing. If there are additional recordings in the
WatchDox upload that are not identified on this Job Order, please contact us before you proceed vJith transcription of
~~~T-- Inst
LPages
#of
1 1 JOSE,I, RODRIGUEZ 093036 ASP 01/05/2016 Deny DIGITAL

r·-- --+
2 ROBYN SOTELO )Q9377 CIW 01/05/2016 Deny · DIGITAL i

3
4
MARIA,DELCARMEN, VARGAS
REGINALD, YATES ,i ___
W84786
H67543
-
• C~~F l ~;;~~:-~::i-- ~~:~~ ]-~:~:~;~
5 WAYNE,TI-IOMAS, BASTABLE 034944 SQ 01/05/2016 ' Conti~~e-. _DIGl}~L__ _
I '
4
6 RANDALL.STANLEY, MALUENDA ! _, -
C12906
----~-
SQ 01/05/2016
-. Deny
--f
DIGITAL I
-t--
7 MANUEL,CEVALLOS. RODRIGUEZ 001787 CMG
--~-
01/0512016 Deny
1
I DIGITAL i
8 CESAR, PANTALEON J24434 CTF 01/05/2016 Deny I DIGITAL 1
t
- _ ~:~~- t
---~
9 MIGUEL, CASTILLO H90800 ASP 01/05/2016 DIGITAL '

I i
-·
10 ; HERMAN, G_9NZA~_ES 'I - - -H40718 ASP 01/05/2016 DIGITAL
'
1_:1 _~PATRICIA,LOUISE, OETTING W76372 CIW 01105/2016 Deny DIGITAL
Total number of Recording(s);;; 11
If you have any questions, please contact Todd Egolf at (916) 324-9307 or Janice Leach at (916) 324-9280.
Sincerely,
/i"'"""-' . _,_ ··,,.,-·,
JANICE C. LEACH
Rev. 10/2015
Reconsideration 1 yr Stip
PAROLE RECONSIDERATION HEARING
STATE OF CALIFORNIA
In the matter of the Life CDC Number: H-XXXXX

Term Parole Consideration
Hearing of:
xxxxx xxxxxx
VALLEY STATE PRISON
CHOWCHILLA, CALIFORNIA
OCTOBER 25, 2016
8:43 A.M.
PANEL PP.ES ENT:
CYNTHIA FRITZ, Presiding Commissioner

KEN ALLEN, Deputy Commissioner
OTHERS PRESENT:
DANIEL IYAYI, Attorney for Inmate

LAUREN MILLER, Deputy District Attorney
CORRECTIONS TO THE DECISION HAVE BEEN MADE
- - - - -No See Review of Hearing

- - - - - Yes Transcript Memorandum
Erica Bagbey, Transcriber, NCCR

2
I N D E X
Proceedj ngs .. 3
Case Factors.
Pre-CommitmenL Factors.
Post-Commitment Factors.
Parole Plans . . . . . . .
Closing Statements.
Recess . . .
Decision.
Adjournment. 7
Transcript Certification. 8
l'v'orthern c:al{fornia Court l~eporters

3
P R 0 C E E D I N G S
2 DEPUTY COMMISSIONER ALLEN: Recording.
3 PRESIDING COMMISSIONER FRITZ: Okay. 'iiJe are on
4 the record. The time is 8:43 a.m. This is for t.he
5 Reconsideration Hearing of XXXXX XXXXXX, C-O-P-L-E-Y 1
6 CDC Number H-XXXXX. Today's date is October 25, 2016,
7 and we're located at Valley State Prison in Chowchilla,
8 California. Mr. XXXXXX was received into the Department
9 of Corrections and Rehabilitation on September 29, 1992.
10 Received into the Department of Corrections and
]] Rehabilitation for the offense of Murder Second, Penal
12 Code Section 187, in the County of Sacrarnento. And
13 Mr. XXXXXX received a term of life with the possibility
14 of parole. Procedurally, he was, I believe, given a
15 grant, I think back in 2008. And then Governor
16 Schwarzenegger reversed it. He was then given another
17 grant and released. And then in 2014, there 1t1ere some
18 charges for child abuse, annoy, molest. And then in
19 2015, he -- and he \o.1 as brought back into the lifer's
20 cycle, 2015, for parole consideration. He was denied,
21 and we' re back. And as we all know, you receive only up
22 to one year for reconsideration hearings. And now we're
23 back in 2016 for another reconsideration hearing. This
24 hearing is being tape-recorded. We're going to go
25 around the room and put our names on the record. Please
J1lurthern (~ali/Ornia C'ourt Re1Jorters

4
give your name, spell your last name. We' 11 start with
2 myself, Cynthia Fritz, F-R-I-T-Z, Commissioner.
J DEPUTY COMMISSIONER ALLEN: Ken Allen, A-1-L-E-N,
4 Deputy Commissioner.
5 ATTORNEY IYAYI: Daniel Iyayi, I-Y-A-Y-I,
6 attorney for l"lr. XXXXXX.
7 DEPUTY DISTRICT ATTORNEY MILLER: Lauren t'1iller,
8 M-I-L-L-E-R, from the Sacramento County District
9 Attorney's Office.
10 PRESIDING COMMISSIONER FRITZ: All right. And I
ll v1ill note that Mr. XXXXXX is not present. We do have a
12 request from his attorney, who is present, if you want
13 to put that on the record.
14 ATTORNEY IYAYI: Yes, Commissioners, thank you.
15 Mr. XXXXXX, just recently, according to him this
16 morning, found out through me that there are criminal
!7 charges pending against him in Shasta County_ And for
18 those reasons, because he has not bad an opportunity to
19 meet with counsel, he's not prepared to proceed with
20 this hearing, and he's therefore requesting a one-year
21 stipulation al this point. And he also chose to waive
22 his appearance at this hearing today.
PRESIDING COMMISSIONER FRITZ: Okay. Any
24 comments from the District Attorney's Office?
25 DEPUTY DISTRICT ATTORNEY MILLER: No.
Northern C'ah:fornia C~ourt Reporters

5
PRESIDING COMMISSIONER FRITZ: Okay. And I will
2 note, he has a 12. 9 TABE score, so he doesn't have any
3 learning disabilities or anything like that. I know
4 that you spoke i,...•ith him outside. It's our understanding
5 that there are some pending charges. We heard from the
6 District Attorney's Office there's possibly seven
7 different charges. So he doesn't want to tes~ify today,
8 I guess, to put anything on the record, which is his
9 right to do so. Procedurally, we can only give him --
10 we would only either find him suitable or give him a
11 one-year denial. So basically, did you explain to him
12 that he is basically stating that he is unsuitable for
13 parole for one year?
14 INMATE XXXXXX: Yes, Commissioner, I did.
15 PRESIDING COMMISSIONER FRITZ: Okay. And he
16 wouldn't be testifying -- that's what we would be
17 discussing today, is we would be asking about what
18 basically what happened in 2014. And since he wouldn't
19 be discussing it, there wouldn't be a whole lot of
20 testirnony going on regardless. So procedurally, it. is a
21 Reconsideration Hearing. He is stipulating to -- for
22 one year. I don't believe that there is any opposition
23 from the District Attorney's Office. Anything from the
24 Commissioner?
25 DEPUTY COMMISSIONER ALLEN: No. Thank you.
Northern C'al(fornia C'uur/ Re1Jorfers

6
PRESIDING COMMISSIONER FRITZ: Okay. So I don't
2 know how i t ' s going to show up on here. It rriay show up
3 as a one-year denial. But I am putting on the record
4 ~hat basically Mr. XXXXXX, because of the pending
5 charges, did not want to come in and testify. We are
6 going forward with the hearing. He is stipulating to
7 one year, and will be coming back in one year to see
8 what happens with the pending charges. Is there any
9 ad\rice i::hat you would like to gi·ve him?
JO DEPUTY COMMISSIONER ALLEN: I just would now stay
11 disciplinary-free, earn positive chronos.
12 PRESIDING COMMISSIONER FRITZ: Okay. I did
13 notice ;:_hat he had below-average work reports, too. So
14 if he -- but there were some -- but he has some medical
15 problems going on.
16 ATTORNEY IYAYI: That's true.
17 PRESIDING COMMISSIONER FRITZ: So, you knov..', if
18 he can't work, he can't work. We don't want to hold
19 that against him. But if he can't work, then maybe
20 doing some self-help programming or some book reports or
21 things like tt1at related to what happened while he was
22 outside of prison would be helpful to him. All right.
Tin1e is 8:50. We'll go off the record. Vile' 11 type up
24 all the infor-mation, and we'll give you a copy of it.
25 ATTORNEY IYAYI: Thank you, Commissioners.
Northern ('a/(/(Jrnio Court Re1Jorters

7
PRESIDING COMMISSIONER FRITZ: All right. Thank
2 you very much for appearing via video. \'Je appreciate
3 it.
4 DEPUTY DISTRICT ATTORNEY MILLER: Thank 'J'OU.
5 A D J 0 U R N M E N T
9 THIS TRANSCRIPT CONTAINS THE PROPOSED DECISION OF THE
10 BOARD OF PAROLE HEARINGS (BOARD) ANNOUNCED AT YOUR
]J RECENT BOARD HEARING AND IS PROVIDED TO YOU IN
12 COMPLIANCE WITH PENAL CODE SECTION 3041.5, SUBDIVISION
13 (A) (4), AND CALIFORNIA CODE OF REGULATIO:NS, TITLE 15,
\4 SECTION 2254. THIS PROPOSED DECISION WILL BECOME FINAL
15 WITHIN 120 DAYS OF THE DATE OF THE HEARING AS REQUIRED
16 BY PENAL CODE SECTION 3041, SUBDIVISION (B), UNLESS THE
17 BOARD NOTIFIES YOU IN WRITING BEFORE THEN THAT THE
18 PROPOSED DECISION HAS BEEN MODIFIED, VACATED OR REFERRED
19 TO THE FULL BOARD, SITTING EN BANC 1 DUE TO AN ERROR OF
20 LAW, ERROR OF FACT OR NEW INFORMATION PURSUANT TO
21 CALIFORNIA CODE OF REGULATIONS 1 TITLE 15, SECTION 2042.
22 THEREAFTER, THE GOVERNOR HAS AUTHORITY TO REVIEW THE
23 BOARD'S DECISION AND AFFIRM, MODIFY, OR REVERSE IT
24 PURSUANT TO PENAL CODE SECTIONS 3041.1 AND 3041.2.
25 xxxxx xxxxxx H-XXXXX 10/25/16
Northern Cali}01·11ia Court Re1Jorters

8
CERTIFICATE AND
DECLARATION OF TRANSCRIBER
I, Erica Bagbey, as the Official Transcriber,
hereby certify that the attached proceedings:

Hearing of:
xxxxx xxxxxx
VALLEY STATE PRISON
OCTOBER 25, 2016
8:43 A.M.
were held as herein appears. Further, this transcript
is a true, complete, and accurate record, to the best of
my ability, of the recorded material provided for
transcription.
Erica Bagbey
October 29, ~016
Copyright 2016/All Rights Reserved by BPH
l\1orthern (,'a/1jOr11ia ("our! RejJOrfers

Stipulation
INITIAL PAROLE CONSIDERATION HEARING
STATE OF CALIFORNIA
In the matter of the Life CDC Number: BOOOOO

Hearing of:
FIRST NAME LAST NAME
MULE CREEK STATE PRISON
IONE, CALIFORNIA
NOVEMBER 15, 2016
2:26 P.M.
PANEL PRESENT:

DAVID HURD, Deputy Commissioner
OTHERS PRESENT:
FIRST NAME LAST NAME, Inmate

MICHELE GARFINKEL, Attorney for Inmate
STEPHAN SAUER, Deputy District Attorney
NANCY MACE, Interpreter
CORRECTIONAL OFFICER(S), Unidentified
- - - -No See Review of Hearing

- - - - Yes Transcript Memorandum
NAME, Transcriber, TRANSCRIBER NAME

2
I N D E X
Page
Proceedings .. 3
Case Factors.
Pre-Commitment Factors. . .......................... .
Post-Commi tmer1t Factors.
Closing Statements.
Recess ... ' ........................................ .

Decision. 14
Adjournment. 14
3
2 DEPUTY COMMISSIONER HURD: On the record.
3 PRESIDING COMMISSIONER FRITZ: Okay, we are on
4 the record and the time is 2: 26 p.m. This is for the
5 Initial Parole Consideration f-learing of First Name, Last
6 Name, N-A-M-E, CDC Number B-00000. Today's date is
7 November 15th, 2016. We're located at Mule Creek State
8 Prison. Mr/Mrs. LAST NAME was received into the
9 Department of Corrections and Rehabilitation on December
10 1st, 2004. Received into the Department of Corrections
11 and Rehabilitation for the offenses of Kidnap for
12 Carjacking, Penal Code section 209. 5 (a), Kidnapping,
13 Penal Code section 207 (a), Second Degree Robbery, Penal
14 Code section 211 and 212.S(c), Carjacking, Penal Code
15 section 215 (a) Kidnapping to Commit Robbery, Penal Code
16 section 209 (b) (1). And this is in the County of Orange.
17 Mr/Mrs. Last Name received a term of seven years to
18 life. This hearing is being tape~recorded. We're going
19 to go around the room, put our names on the record.
20 Please give your name and spell your last name. When I
21 get to you, give your CDC Number when we get to you,
22 okay? Cynthia Fritz, F-R-I-T-Z, Commissioner.
23 DEPUTY COMMISSIONER HURD: David Hurd, H-U-R-D,
25 DEPUTY DISTRICT ATTORNEY SAUER: Stephan Sauer,

4
Deputy District Attorney from Orange County, S-A-U-E-R.
2 ATTORNEY GARFINKEL: Michele Garfinkel, G-A-R-F-
3 I-N-K-E-L., attorney for !".Ir. Last Name.
4 PRESIDING COMMISSIONER FRITZ: Your turn.
5 INMATE LAST NAME: 1-JAME I N-A-M-E
6 PRESIDING COMMISSIONER FRITZ: First name?
7 INMATE FIRST NAME: NAME, N-A-M-E.
8 PRESIDING COMMISSIONER FRITZ: CDC Number?
9 INMATE LAST NAME: B-00000.
10 PRESIDING COMMISSIONER FRITZ: Thank _you.
11 INTERPRETER MACE: Nancy Mace, Spanish
12 interpreter. My last name is spelled M-A-C-E.
13 PRESIDING COMMISSIONER FRITZ: Thank you. We
14 have two correctional officers present for security
15 purposes only. And Ms. Mace, can you please raise your
16 right hand so I can swear you in? Do you swear or
17 affirm that you will interpret from English to Spanish
18 and from Spanish to English to the best of your ability?
19 INTERPRETER MACE: Yes.
20 PRESIDING COMMISSIONER FRITZ: All right.
21 Mr/Mrs. Last Name, can you please raise your right hand
22 so I can swear you in? Do you swear or affirm to tell
23 the truth, the whole truth, and nothing but the truth?
24 INMATE LAST NAME: Yes.
25 PRESIDING COMMISSIONER FRITZ: Okay. So let's

5
1 see if you need any accommodations under the Americans
2 With Disabilities Act. I will note that we do have a
3 Spanish interpreter, but i t ' s if you need the
4 interpretation. Okay? You're also EOP; is that right?
5 INMATE LAST NAME: Yes, ma'am.
6 PRESIDING COMMISSIONER FRITZ: So we'll do an
7 attorney accommodation as well. Are you taking
8 psychotropic medication?
10 PRESIDING COMMISSIONER FRITZ: Do you remember
11 what you 1 re taking?
12 INMATE LAST NAME: I take Depakote, Zola.ft,
13 bipolar medication. The other ones I know -- I don't
14 knoiv.
15 PRESIDING COMMISSIONER FRITZ: Okay, that 1 s fine.
16 INMATE LAST NAME: But I take one for fast
17 thoughts, hear voices, and bipolar mood swings. I'm
18 just messed up in my head.
19 PRESIDING COMMISSIONER FRITZ: Okay.
20 ATTORNEY GARFINKEL: That's okay.
21 PRESIDING COMMISSIONER FRITZ: All-righty. Can
22 you hear me?
23 INMATE LAST NAME: Yeah, I can hear you.
24 PRESIDING COMMISSIONER FRITZ: You can. Okay.
25 Do you wear glasses?

6
INMATE LAST NAME: Yes.
2 PRESIDING COMMISSIONER FRITZ: Do you have them
3 with you?
4 INMATE LAST NAME: No, I forgot them.
5 PRESIDING COMMISSIONER FRITZ: Okay. Is it for
6 reading or for distance?
7 INMATE LAST NAME: No, just to see far.
8 PRESIDING COMMISSIONER FRITZ: Can you see me
9 okay?
10 INMATE LAST NAME: Yeah, ;r' 11 be okay.
11 PRESIDING COMMISSIONER FRITZ: Okay. All right.
12 Any problems walking?
13 INMATE LAST NAME: No.
14 PRESIDING COMMISSIONER FRITZ: You walked to the
15 hearing room okay?
16 INMATE LAST NAME: Uh-huh.
17 PRESIDING COMMISSIONER FRITZ: Yes?
19 PRESIDING COMMISSIONER FRITZ: Okay. Last grade
20 you completed in school before you came to prison.
21 INMATE LAST NAME: I didn't complete school in
22 the street.
23 PRESIDING COMMISSIONER FRITZ: Do you remember
24 the last grade that you completed?
25 INMATE LAST NAME: 12th grade, but I didn 1 t

7
finish it.
2 PRESIDING COMMISSIONER FRITZ: Okay.All right.
3 Have you upgraded since you've been in prison?
4 INMATE LAST NAME: I've been going to school.
5 PRESIDING COMMISSIONER FRITZ: Okay. You're
6 trying right nov1
7 INMATE LAST NAME: Yeah.
8 PRESIDING COMMISSIONER FRITZ: -- i t sounds like.
9 INMATE LAST NAME: I'm in ESL. It's hard for me.
IO PRESIDING COMMISSIONER FRITZ: Okay. All right.
11 Let me just check your TABE score.
12 INMATE LAST NAME: TABE score is really low.
13 PRESIDING COMMISSIONER FRITZ' Okay.
14 INMATE LAST NAME: 3.2
15 ATTORNEY GARFINKEL: I'm looking for a TABE score
16 because I didn't see one in the DECS System.
17 PRESIDING COMMISSIONER FRITZ: I have
18 ATTORNEY GARFINKEL: I just had academics on
19 there.
20 DEPUTY COMMISSIONER HURD' I have a 3.2 from
21 probably SOMS.
22 PRESIDING COMMISSIONER FRITZ: And I have a 1.9.
23 Okay, well i t ' s under --
24 DEPUTY COMMISSIONER HURD: Either way.
25 PRESIDING COMMISSIONER FRITZ: It's under 4.0 and

8
you're EOP, so we'll be doing attorney accommodations,
2 Spanish interpreter accommodation. We have a magnifying
3 device if you need i t , but i t sounds like you can see
4 me. So any other accommodations that you need to go
5 forward with the hearing today? Anything else?
6 INMATE LAST NAME: I don't understand.
7 ATTORNEY GARFINKEL: Do you need any help with
8 your
9 PRESIDING COMMISSIONER FRITZ: Vllith any other
IO accommodations? Any other help you need for the hearing
11 today?
12 INMATE LAST NAME: For the hearing?
13 PRESIDING COMMISSIONER FRITZ: Yes.
14 INMATE LAST NAME: Help?
16 ATTORNEY GARFINKEL: Like you have me, you have
17 the interpreter.
18 INMATE LAST NAME: Oh, yeah.
19 ATTORNEY GARFINKEL' Is there anything else that
20 you need to make the hearing work for you?
22 PRESIDING COMMISSIONER FRITZ: Okay. Any other
23 accommodations your client needs?
24 ATTORNEY GARFINKEL: No, thank you.
25 PRESIDING COMMISSIONER FRITZ: Okay. And I

9
understand you have a request for us.
2 ATTORNEY GARFINKEL: Yes. We are requesting a
3 three year stipulation. Mr. Last Name would like some
4 more time to remain disciplinary-free, and he also wants
5 to engage in the self-help programming that's available
6 to him here.
7 PRESIDING COMMISSIONER FRITZ: Okay. And any
8 comments from the District Attorney's office?
9 DEPUTY DISTRICT ATTORNEY SAUER: I would just
10 note that he waived a hearing four years ago, has never
11 had an initial hearing to kind of set a baseline, and
12 I'd just note that for the record.
13 PRESIDING COMMISSIONER FRITZ: Okay. Any
14 comments from the Commissioner?
15 DEPUTY COMMISSIONER HURD: Yes. My comments
16 would be, certainly i t ' s good to keep disciplinary-free.
17 As EOP you' 11 be, as you know, you have available to
18 programming within that program.
19 INMATE LAST NAME: Uh-huh, groups, right?
20 ATTORNEY GARFINKEL: Yeah.
21 DEPUTY COMMISSIONER HURD: Yes.
23 DEPUTY COMMISSIONER HURD: So those are useful.
24 So i f you approach them seriously, much of what we
25 require from you in terms of self-help you will find in

10
1 those programs. So keep that in mind. They can be an
2 advantage in here.
3 INMATE LAST NAME: \.'Jell, I signed up for it, you
4 know, because after dinner they have group inside the
5 school right here, and I signed up for that. I'm on the
6 .,~·ailing list to go to NA, AA and Criminal Gangs
7 Anonymous. I've gone to C Yard right there, I got in a
8 little trouble over there with the cops, yeah.
9 PRESIDING COMMISSIONER FRITZ: Okay. Well, you
10 got in more than a little bit of trouble, but anyway.
11 So here's the thing. We're going to grant the three
12 year stipulation, so first thing is, do you understand
13 what a stipulation is?
14 INMATE LAST NAME: I have to give my, they call
15 i t my chronos. No?
16 ATTORNEY GARFINKEL: She wants to make sure you
17 understand \-Jhat stipulating means. You're saying you're
18 not ready yet for parole.
19 INMATE LAST NAME: No, I'm not ready.
20 PRESIDING COMMISSIONER FRITZ: So basically by
21 agreeing to a three year stipulation you're saying today
22 that you are not ready for parole.
23 INMATE LAST NAME: No.
24 PRESIDING COMMISSIONER FRITZ: Okay, and so do
25 you understand that?

11
I INMATE LAST NAME: Yes.
2 PRESIDING COMMISSIONER FRITZ: That that's what
3 you' re doing?
4 INMATE LAST NAME: Uh-huh.
5 PRESIDING COMMISSIONER FRITZ: You can petition
6 to advance still to come forward, but today y·ou' re
7 saying you' re not ready to go.
8 INMATE LAST NAME: I'm not.
9 PRESIDING COMMISSIONER FRITZ: Okay, all right.
JO I ju st want to make sure that you understand that.
11 You're not entering into this under any duress, or
12 you're feeling okay today, you know what you 1 re you
13 understand what you're doing.
16 So but here's the deal, Mr/Mrs. Last Name. li'Ji th EOP
17 inmates, you know, you can get better quickly, or
18 sometimes you do and sometimes you don't. So with in
19 medical -- in mental and medical situations, I've seen
20 some inmates improve quite quickly and then they, their
21 programming, they just start really programming and they
22 rehabilitate very quickly. And then, you know, it just
23 depends on how well they're doing. So that's why we're
24 giving you the benefit of the doubt today to see if you
25 can, you know, stay disciplinary-free, i,..•hich you have

12
not done, not even close. All right? And try to get
2 stable mentally, because I think that might be the
3 issue, is that. you've got to get stable mentally, okay?
4 So I would suggest because you're in EOP you get
5 counseling on a regular basis, and they have a lot of
6 programs in EOP that they do not have with the regular
7 general population group, so you really should take
8 advantage of that as best you can, and they can write
9 chronos for you, okay? Because we've seen when the
10 inmates that are EOP and even CCCMS take advantage of
11 the programs in there, that they really, it 1

s they
12 improve, okay? So, you know, I don't know if it will
13 happen. I hope it does. But you can't come in to a
14 hearing with your disciplinaries next time, with the
15 ones that you have.
16 INMATE LAST NAME: The ones {inaudible).
17 PRESIDING COMMISSIONER FRITZ: Yes. That needs
18 to stop. Although I think some of i t is based on the
19 mental heal th issues. So you need to work with your EDP
20 psychologist, see i f you can get stabilized. Okay?
22 PRESIDING COMMISSIONER FRITZ: They're there to
23 help you. All right? And we would like to see you come
14 in and ha\Te a full hearing so that, you know, you can
25 get through the process and, you know, and, you know,
13
1 the rJext time you •vant to come in. All right?
2 INMATE LAST NAME: All right.
3 PRESIDING COMMISSIONER FRITZ: So do you have
4 anything else that you want to add?
5 DEPUTY COMMISSIONER HURD: No, that's all I was
6 going to say.
7 PRESIDING COMMISSIONER FRITZ: Okay. So we'll
8 grant the three-year stipulation today. We 1 ll type up
9 the paperwork and i,..re

1
l l give you a copy of it. Okay?
IO INMATE LAST NAME: Okay.
11 PRESIDING COMMISSIONER FRITZ: All right. The
12 time
13 INMATE LAST NAME: I wanted to ask you, how many
14 points I got right now?
15 DEPUTY COMMISSIONER HURD: I show you at 6 6.
16 INMATE LAST NAME: Because I'm going to B Yard.
17 DEPUTY COMMISSIONER HURD: Well, you 1 re getting
18 close to level 3.
19 INMATE LAST NAME: I talked to my counselor,
20 Atista (phonetic).
21 DEPUTY COMMISSIONER HURD:
22 INMATE LAST NAME: He said that if I'm going to
23 want to go over there -- because he pulled me out of my
24 building, when I was walking out of the building he
25 called me to go in. He said that I'm going to B Yard.

14
PRESIDING COMMISSIONER FRITZ: That's a good
2 thing.
3 INMATE LAST NAME: EOP Building.
4 DEPUTY COMMISSIONER HURD: Wonderful.
5 PRESIDING COMMISSIONER FRITZ: All right, good.
6 All right, sir. The time is now 2:36. We'll go off the
7 record.
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
r_)
15
2 FIRST, LAST NAME B-00000 DECISION PAGE 1
3 11/15/16
16
CERTIFICATE AND
I, C. BUNKER, as the Official Transcriber, hereby
certify that the attached proceedings:
In the matter of the Life CDC Number: B-00000

Hearing of:
FIRST NAME, LAST NAME
MULE CREEK STATE PRISON
IONE, CALIFORNIA
NOVEMBER 15, 2016
2:26 P.M.
transcription.
C. Bunker
November 26, 2016
NAME OF TRANSCRIPTION COMPANY
Denial
SUBSEQUENT PAROLE CONSIDERATION HEARING
STATE OF CALIFORNIA
In the matter of the Life CDC Number; J-XXXXX

Hearing of:
xxxxx xxxxxxx
CALIFORNIA STATE PRISON, LOS ANGELES COUNTY
LANCASTER, CALI FORNI A
NOVEMBER 15, 2016
1:55 P.M.
PANEL PRESENT:
KEVIN CHAPPELL, Presiding Commissioner

NGA LAM, Deputy Commissioner
OTHERS PRESENT:
MAYA EMIG, Attorney for Inmate

GREG BIANCHI, Deputy District Attorney
----
No See Review of Hearing
- - - - Yes Transcript Memorandum
I
IANGEL:_T_H_O-MPSO_N_,_T_r_a_n_s_c_r_i_b_e_r_,_x_,x_x_x_ _ _ _ _ _ _ _ _ _ _ _ _~
2
I N D E X
Paqe
Proceedings .. 3
Case Factors. 7
Pre-Commitment Factors. 11
Post~Commitment Fac~ors. 9
Paro]e Plans . . . . 10
Closing Statements. 12
Recess . . . 14
Decision. 15
Adjournment. 25
/'lorthern c:al(fornia C.'ourt Re11orters

3
2 DEPUTY COMMISSIONER LAM: We're on record.
3 PRESIDING COMMISSIONER CHAPPELL: All righ::.
4 Today's date is November 15, 2016. The time is
5 approximately 1:55 p.m. This is a Subsequent Parole
6 Suitabili-ry Hearing for Mr. XXXXXXX, J-XXXXX who is not
7 present in the Board of Parole Hearing Room at
8 California State Prison, Los Angeles County.
9 Mr. XXXXXX)~ was received on May 26, 1995 from the County
10 of Kern. The controlling offense in this case is PC 187
11 Attempted Murder First -vith an

1 -- with an enhancement
12 for use of a firearm arising from a conviction in Case
13 Number SC060879 and resulting in a sentence of 12 years
14 to life. Mr. XXXXXXX was also convicted of a non-
15 controlling offense of Attempted Murder Second with the
16 enhancement for use of a firearm as \Vell. The
17 California Department of Corrections and Rehabilitation
18 has calculated the minimum eligible parole date in this
19 case to be October 5th, 2006. Mr. XXXXXXX also
20 qualifies for youth parole consideration. He was 18
21 years old at the time of the life term offense. Today's
22 Panel shall be giving great weight to the diminished
23 culpability of juveniles as compared to adults, tJ-1e
24 hallmark features of youth and any subsequent growth and

I
251 maturity of Mr. xxxxxxx in reviewing his suitability for
Jlorthern C'a![/Ornia Court ReJJOrlers

4
parole today. Mr. XXXXXXX's youth eligible parole date
2 is November LJ, 2013. This hearing is being audio
3 recorded so for the purpose of voice identification
4 everyone presen~ is asked to state your full name, spell
5 your last narne. I ' l l begin and we'll go around the room
6 to my left. l:<evin Chappell, C-H-A-P-P-E-L-L,
7 Commissioner Board of Parole Hearings.
8 DEPUTY COMMISSIONER LAM: Nga Lam, L-A-J"l, Deputy
9 Commj.ssioner.
10 ATTORNEY EMIG: Maya Emig, E-M-I-G. I am state-
11 appointed counsel for Mr. XXXXXXX.
12 DEPUTY DISTRICT ATTORNEY BIANCHI: Greg Bianchi,
13 B-I-A-N-C-H-I, Deputy District Attorr1ey County of Kern.
14 PRESIDING COMMISSIONER CHAPPELL: Okay. Thank
15 you. And as l indicated earlier, Mr. XXXXXXX is not in
16 the -- in the t1earing today. We were notified by
17 correctional staff that he declined his opportunity to
18 come to the hearing today. We know that custody staff
19 had went to his cell to speak with him and also to
20 request for him to come out and at least speak with his
21 attorney, to which he declined. So, therefore, this
hearing is being held in absentia. I have reviewed the
23 OECS database and I have listed a grade point level of
24 3.9 and actually it's a reading level. Does that sound
25 accurate t0 you, counsel 0
~-------- -----------------------------~
!1./or!hern (,'al?fornia (.'ourt J?e1)orters

5
ATTORNEY EMIG: Yes, Commissioner. I have the
2 same documents that you do. For the record, he didn't
3 attend ~he interview session that I conducted on
4 September 23rd here at the prison either. So I didn't
5 have an opporturi.it.y to talk to him. I didn't have an
6 opportunity to review any documents with him.
7 PRESIDING COMMISSIONER CHAPPELL: Okay. Okay.
8 And 1 also do note that he is currently at the Mental
9 Health Services Delivery System at the EOP level of
10 care. And he 1 s been in the EOP level of care for some
11 time . I also note it looks like he declined in his
12 Olson Re\riew on August 17, 2016. He did sign a Notice
13 of Hearing Rights on that same date. And as you
14 indicated, counsel, you didn 1 t have an opportunity to
15 speak vvith him because he declined to come out and speak
16 with you, correct?
17 ATTORNEY EMIG: That is correct. Also I had --
18 at other institutions I've been afforded the opportunity
19 to go, actually go out to the unit. But here at this
20 institution, they wouldn't allow me to do that either.
21 And sometimes I can talk to the client through the
22 through the cell door and kind of present who I am and
23 why I'm here. At least just do an initial check-in with
24 the client, but I wasn't even -- I'm assuming because of
25 security issues, I wasn't able to even speak to him.
~-------·------------------------~
Northern c_:al!fOrnia C'ourt Re11orters

6
'They didn't -- they didn'~ escort me out to the EOP.
2 PRESIDING COMMISSIONER CHAPPELL: I see. I see.
3 Okay. All right. So at -- so as I indicated -- so
4 we' 11 just continue on with this hearing in absentia.
5 Before I get into the hearing, counsel, are there any
6 documents? I know your discussion or your encounter
7 with him has been very 1 very limited so there's no
8 documents to pass on his behalf, is there?
9 ATTORNEY EMIG: No, the only thing I do want to
10 say is, because he refused to come out to the interviev,i,
11 I did send him a letter. I was aware of his GPL. I
12 wrote a letter that >1as tailored to the low -- the low
13 -- the low -- I used simple ir1ords.
14 PRESIDING COMMISSIONER CHAPPELL: Okay.
15 ATTORNEY EMIG: And tried to give him a review of
16 what my thoughts were on the case and try to encourage
17 him to come. But, no, I didn't receive any documents
18 from him, no letters of support. There was no ccntact,
19 not even to my letter to him.
20 PRESIDING COMMISSIONER CHAPPELL: I see. Okay.
21 So ""'ith that, I do -- I v1ant to go into the commitment
22 offense. And I'm going to incorporate by reference the
23 facts of the commitment offense as found the Appellate
24 Decision, pages 2 through 11 and also a summary of the

I
25 lcomm~-tm:_~~ffense found in the Comprehensive Risk
.iVorlhern (,'aliforniu ('ourt l~erJor/ers

7
Assessnient.. And that's the interview was on June 22nd,
2 2Cl6. However, during that interviei,.,1 , like today,
3 Mr. XXXXXXX refused to attend the interview with
4 Dr. Wildman. But there is a summary of t.he commitment
5 offense found on page 3 that I'd like to incorporate
6 into the records. Ar,d the summary states, on October
7 3rd of 1994 at approximately eight p.m., Mr. XXXXXXX
8 arrived uninvited at a barbecue in California City.
9 Witnesses reported the inmate was soliciting sex from
JO the females at the event approximately five minutes
11 before the crirne occurred. One individual had given
12 Mr. XXXXXXX a "funny facial expression", which possibly
13 provoked him. The inmate left the barbecue, returned a
14 few minutes later, opened the front door, displayed a
15 gun and began shooting. Two individuals were shot and
16 !'1r. XXXXXJ(X fled the scene in an automobile. XXXXXXX, a
17 13-year-old girl, whom the inmate approached sexually
18 just prior to the shooting was shot through her left
19 breast and t-1er left bicep. XXXXXXX's infant son was
20 shot in che abdomen, injuring his left kidney, small
21 bowel and colon. His left femur was shattered and he
22 required the assistance of a respirator to recover from
23 his injuries. I also would like to incorporate by
24 reference the inmate's statement and i t ' s listed in the
25 Probation Officer's Report on page 11. P.nd it. reads,
f.lorfhern c:alifOrnia C(JUrf l?.i!JJOrlers

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the Defendant did not submit a written statement with
~ regard to the incident offense. He was interviewed by
3 the undersigned via teleconference on !"lay 2nd, 1995,
4 submitted the following the statement. He denied
5 committing "the crime, stating he and a buddy named
6 Hilliard H. who grew up in California City -- went to
7 California City on the weekend to visit friends and
8 family_ He stated, we attended a barbecue and a
9 shooting went down. Two people were hit and the finger
10 was pointed at me. He stated they blamed him because he
11 was not known while the people at the party kneitJ
12 Hilliard and his reputation for being in a gang. The
13 Defendant denies having a gun and states Hilliard H. was
14 responsible for the shooting. He ad-vised -- he said
15 that at the time of the trial -- he advised -- he said
16 that at the time of the trial, but they did not believe
17 him. And so that's his staternent ta ken in the Probation
18 Officer's Report. Unfortunately, we don't ha\re
19 Mr. XXXXXXX here today and he didn't report for his
20 interview for the Comprehensive Risk Assessment. So 1t1e
21 have no updated -- and I know this was sorr1e time ago,
22 but we have no updated information on where Mr. XXXXXXX
23 is as far as his insight and his understanding of the
24 commitment offense. There would have been many
25 questions asked about -- in reference ~o his culpability
orthern (,'aii/Ornia c:ourt

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in the crime. And i t would be based on, there's
2 overy..•helming evi_dence, both in the Probation Officer's
3 Report and in the Appellate Decision that points towards
4 Mr. XXXXXXX as being pretty much the sole participant in
5 this er ime. I do want to go over -- as far as prior
6 crirr.inalit:,.1 1 I do want to incorporate by reference his
7 prior criminality that is taken from the CINI Rap Sheet.
8 We have a prier arrest for Robbery PC 211 and that was
9 and that arrest was dated August 16th, 1994 i,1ith no
10 disposition. I'd like to move to post-conviction.
II DEPUTY COMMISSIONER LAM: All right. It looks
12 like Mr. XXXXX was given a seven-year denial on November
13 19, 2009. His placement score is pretty high. It's
14 2 5 9. He's EOP. He's in a single cell at this point.
15 Since the last hearing, i t looks lil:e all of his 115s,
16 and there are numerous, there are approximately 34 nevi
17 115s, but it all surrounds refusal to test. And his
18 problems started arour1d December 1st, 2014 when he was
19 selected randomly to test and he's refused. And I just
20 want to read the very initial violation report and it's
21 pretty much the same since then. But in 2014, I'm
22 reading from the 115 violation, it says, the following
23 comments were noted in CDCR -- I mean, CDC 115 MH that
24 he may be experiencing delusions. He is found guilty
and should consider mental health tactors in assessing a
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penalty. He has a severe mental disorder,
J schizophrenia, paranoid t'.J1 pe. And it says here,
3 maintaining day yard is recommended as a buffer to
4 decompensation. And since December 1st, 2014, he's had
5 approximately 33 more violations. He has one pending
6 for the same thing, refusing a UA. Thal occurred on
7 October 4, 2016. We don't know what's going on with
8 that at this point, but there 1 s ample documer1tation that
9 he's refusing because he has delusional beliefs there is
10 a conspirac'i to clone him by the clinician. There v.1ere
11 a few documentations throughout the year where there's
12 some clinicians who say his mental illness is not
13 related, but it seems \'er:J' contrary to everything else
14 that >ve 1 ve been reading. It doesn't appear that he's
15 done any self-help. There's chrono after chrono saying
16 that he isolates hirnself in the cell. So I don't see
17 any self-help. I'm not sure. We can't tell from the
18 record if he's even participating in mental health
19 treatment. No vocations, no work, no parole plans.
20 t~othing. So that's the update at this point.
21 PRESIDING COMMISSIONER CHAPPELL: Okay. Thank
22 you. Just to go over the Comprehensive Risk Assessment
23 by Dr. Wildman, as I indicated earlier, i t ' s dated June
24 22nd , 2016 . Mr. XXXXXXX elected not to interview with
25 the doctor. The doctor did ask him why and he stated
11
that his case is not a consecu~ive case and an interview
2 was r.ot necessary. The doctor summarizes social history
3 and this was taken from the Probation Officer's Report.
4 Noted that Mr. XXXXXXX' s currently 40 years old, born in
5 Los Angeles, California. He had earned his high school
6 diploma from Somerset High School. It looks like prior
7 to incarceration he joined the Nutty Blocc Crips Gang.
8 The doctor made a statement about the 2009 Comprehensive
9 Risk Assessment summarized that Mr. XXXXXXX spends most
IO of his time in his cell. Mental health progress notes
11 available from 2011 to present summarizes that the
12 inmate typically does not participate in mental health
13 program, refuses medication and frequently refuses to
14 exit his cell. Mental health treatment plan dated June
15 23rd, 2016 indicated the inmate is currently on modified
16 program because of low motivation for participation and
17 is seen monthly in treatment (inaudible) for assessment.
18 I have the 2009 Comprehensi\re Risk Assessment, opined
19 that JV:r. XX/.'.X/~XX represented a moderately high risk of
20 violence in the free community. Also noted that under
21 subst:ance abuse history and related disorders, noted
22 that he had a history of problems with alcohol and use
of marijuana prior to the life crime. He vias using
24 alcohol when the life crime occurred. And concluded
25 that he has a significant history of alcohol and
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marijuana use. The doctor went over the youth offender
2 consideration and concluded that based on the in~ate not
3 willir,g -;::o participate in tI'1e interview, tbe factors of
4 youth associated with his life crime could not be fully
5 assessed at that time. However, available records about
6 the life crime cannot be a~tributed to youth given the
7 amount of his antisocial behavior, mental health
8 problems and difficulty in custody. The doctor
9 concluded that Mr. XXXXXXX represented a high risk of
10 violence. So usually after we have gone over the
11 Comprehensive Risk Assessment, we move to clarifying
12 questions, but because \Ve don't have Mr. XXXXXXX here,
13 I'm sure there aren't any clarifying questions. So what
14 I would like to do is I'd like to take closing
15 statements, if we have any, and I' 11 start \Vi th the
16 Deputy District Attorney.
17 DEPUTY DISTRICT ATTORNEY BIANCHI: Thank you.
18 Just briefly, in addition to the letter that was
19 submitted by me and which is a part of the Ten-Day-
20 Packet
21 PRESIDING COMMISSIONER CHAPPELL: Uh-huh.
22 DEPUTY DISTRICT ATTORNEY BIANCHI: -- we just
respectfully request that this Panel find this inmate
24 unsuitable for parole as we believe he's not making any
25 effort to try to recognize the cause and effect of his
lv'orthern L'ctl{/Ornia c·ourt Reporters

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life crime. And he has also continued to not address
2 his mental healt:h issues, \lfhich would be of grave
3 concern were he to be released and go back to the
4 community. So with that and the letter that was
5 submit.led, we 1 d submit. Thank you.
6 PRESIDING COMMISSIONER CHAPPELL: Thank you.
7 Counsel.
8 ATTORNEY EMIG: Yeah. Thank you, Commissioner.
9 I think i t ' s pretty apparent that mental health concerns
10 are the hallmark of Mr. XXXXXXX. What's interesting to
11 rne is that, you know, there are some procedural
12 safeguards that occur with these hearings, appointing
13 counsel and things like that, but I haven't even been
14 afforded the opportunity to go and meet with him because
15 of the issues here at the institution, not being able to
1 1
16 go see him. It s hard because there's I m assuming
17 that there if you are deep inside a mental health
18 issue, there are supposed to be some, you know, there's
19 supposed to be a mental health treatment program that's
20 -- or attention that's being given so you can not just
21 allow this indi\ridual and we dori't even knoi...J, I mean,
22 I'm just I'm speculating at this point. But it's a
23 l i t t l e bit concerning to me as counsel, because I
24 haven't been afforded the opportunity to go talk to him
1
25 and to figure out if, you knov1, perhaps there s
lv'orthern (~'al~fornia c:ourr RejJOJ'fers

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1 something ~hat needs to be elevated here within the
2 institution. But we're not even -- we're not even there
3 because I haven't had access. So I'm going to close
4 with just that. I mean, this is -- i t ' s a little bit
5 problematic because it just seems like maybe there 1 s
6 something more that we all could be doing to figure out
7 whether or not Mr. XXXXXXX actually just needs a little
8 bit of help as in some direction as far as his mental
9 health focus. The only parts of the information that I
JO even know about !".lr. XXXXXXX is that he comes out for
11 breakfast every morning. And that I just found out
12 because they had gone -- one of the correctional
13 officers here this afternoon had gone to try to speak to
14 Mr. XXXXXXX and to ask him if he would please come to
15 this hearing.
16 PRESIDING COMMISSIONER CHAPPELL:
17 ATTORNEY EMIG: But other than that, you know,
18 I'll rest witt1 that and submit it.
19 PRESIDING COMMISSIONER CHAPPELL: Okay. All
20 right. ~\1 ell, thank }'OU. So the time is approximately
21 2: 16 p.n1. We' 11 recess for deliberatior:.
22 RECESS
23 --oOo--
24
25
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15
~·~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
'
CALIFORNIA BOARD OF PAROLE HEARINGS
l DECISION
3 DEPUTY COMMISSIONER LAM: Back on record.
4 PRESIDING COMMISSIONER CHAPPELL: Okay. The date
5 is November 15, 2016. The time is approximately 3:35
6 p .m. We're now ready to reconvene this hearing for
7 pronouncement of the Panel's decision. All of the same
8 parties that were present prior to the recess are
9 present again in the room. Mr. XXXXXXX was received by
10 the California Department of Corrections and
11 Rehabilitation on May 26, 1995 from the County of Kern.
12 Controlling offense in t.his case is PC 187 Attempted
13 Murder First with enhancement for use of a firearm
14 arising from a conviction in Case Number SC060879 and
15 resuJ ting in a sentence of 12 years to life.
16 Mr. XXXXXXX was also convicted of a non-controlling
17 offense of Attempted Murder Second also with a use of a
18 firearm enhancement. Mr. XXXXXXX qualifies as a
19 youthful offender pursuant to Penal Code Section 3051.
20 He has a youth parole eligibility date of November 4,
21 2013. The California Department of Corrections and
22 Rehabilitation has calculated the minimum eligible
23 parole date in this case to be October S~h, 2006. The
24 victims in th~s case were Ms. XXXXXXX, 13 years
25 xxxxx xxxxxxx J-XXXXX DECISION PA.GE 1 11/15/16 I
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old and the infant son of Ms. XXXXXXX. According to the
2 California Supreme Court, .:'._n making a parole eligibility
3 decision, this Panel must not act arbitraril.Y or
4 capricious and must consider all releva~t and reliable
5 information available. In this case, the Panel has read
6 arid considered the 111ritten record before us, including
7 the Central File and the Comprehensive Risk Assessment.
8 We've also reviewed all written responses received from
9 the public. The confidential portion of the Central
10 File was reviewed, but the Panel did not rely on any of
11 the information contained in that section. The
12 fundamental consideration in making a parole eligibility
13 decision is the potential threat to public safety upon
14 an inmate's release. Accordingly, a denial of parole
15 must be based upon evidence in the record of an inmate's
16 current dangerousness. Having these legal standards in
17 mind and after giving great weight to the diminished
18 culpability of juveniles as compared to adults, hallmark
19 features of youth and any subsequent growth and maturity
20 of Mr. XXXXXXX, we find that he does pose an
21 unreasonable risk of danger to society or a tt1reat to
22 public safety and is therefore not suitable for parole
at this time. The record reflects some circumstances
24 tending to shaw s~itability
25 xxxxx xxxxxxx J-XXXXX DECISION PAGE 2 11/15/161
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for parole. Namely, Mr. XXXXXXX committed this crime as
2 a juvenile \Vith a diminished culpabilit·~/ as compared to
3 that of adults and this Panel took into consideration
4 the following youthful factors. First, \\'e took into
5 consideration the development in psychology and brain
6 science '\'hich states, parts of "'.::.l-1e bra2.n involved in
7 behavior control continue to mature through late
8 adolescence. Adolescent brains are not yet fully mature
9 in regions and systems related to higher order functions
IO such as impulse control, planning ahead and risk
11 avoidance. ~e also took into consideration -- this
12 Panel reviewed the circumstances of the commitment
13 offense and 1,-Je found that although there was no
14 testiniony by Mr. XXXXXXX tcday, i,.1e did find that it was
15 very possible that the hallmark features of youth were
16 present at the time, i,.1hich states that as compared to
17 adults, children have a lack of maturity and an
18 underdeveloped sense of responsibility leading to
19 recklessness, impulsivity, heedless risk-taking, as well
20 as transient rashness, proclivity for risk and an
21 inability to assess the consequences. However, these
22 factors are far outweighed by other circumstances that
tend to show unsuitabi~ity a~d suggest that if released,
24 Mr. XXXXXXX would pose a potential threat to public
25 xxxxx xxxxxxx J-XXXXX DECISION PAGE 3
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safety. Specifica:ly, we find t.hat he committed the
2 offense in a gruesorne, heinous and deplorable manner.
3 His actions resulted in the severe injury to Ms. XXXXXXX
4 and the baby t.hat she was holding. Furthermore, his
5 reasonings v..1 hich h'e were unable to determine toda:y, but
6 whatever reasons it in no v:ay justifies his actioo,s.
7 What we see in the commitment offense is that
8 Mr. >:XXXXXX and a friend att.ended a barbecue. They were
9 actually uninvited guests to this barbecue. And shortly
IO after going into the party or the celebration,
11 Mr. XXXXXXX began hitting on differer1t young ladies at
12 the party. We do have -- and i t ' s in the -- on the
13 record that Mr. X:t:xxxxx at one time during the course of
14 being in the house, displayed his weapon, his gun, he
15 had on him. And i t appeared that he was upset about
16 being rejected by Ms. XXXXXXX. There was a decision for
17 him to leave with his friend and two individuals. They
18 get into the car and before the friend \-JJ-10' s driving
19 backs out of the driveway, Mr. XXXXXXX says, hold on a
20 minute. I have to go do something and he walks up to
21 the house, opens the door, displays his weapon and
22 begins shooting directly at Ms. XXXXXXX. Ends up
23 hitting her causing grea~ injury and the baby she was
24 I holding. Just a terrible,
25 I xxxxx xxxxxxx J-XXXXX DECISION PAGE 4 11/15/16
'
1\iorthern <~"ctl{/Ornia (,'ourt J?eJJOrters
19
horrendous crime that there's no justification fer. We
2 do note that he has a previous record of violence and an
3 unstable social hist:ory. He has a previous arrest for
4 an armed robbery. He engaged in drug and alcohol abuse
5 at an early age. He joined in and engaged in criminal
6 street gang activity with t~e Nutty Blocc Crips Gang.
7 However, the California Supreme Court has ruled that
8 after a lor1g period of time immutable factors such as
9 commitment offense, prior criminality, unstable social
IO histo.ry may no longer indicate a current risk of danger
11 in light of a lengthy period of positive rehabilitation.
12 Accordingly, in this case we must consider whether other
13 circumstances coupled with the above immutable
14 circumstances would lead to the conclusion that
15 Mr. XXXXXXX poses a continued threat to public safety
16 and we find that he does. In reviewing the record
17 today, the Panel's concerns or the concerns of the
18 Panel are, in what way towards unsuitability is -- 1,vith
19 f'.1r. XXXXXXX, here we have a person ~hat has had a long
20 history of violence starting with the armed robbery, the
21 commitment offense and this violence continued on
22 throughout incarceration. He has a long history of gang
23 violence or ga11g participation, street gang and his
14 participation also continued on through prison. He has
i\'orthern Ca/(j(Jrnia L'ourt l~ejJOrlers

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a long history of substance abuse. ~\le have numerous
2 rules viola~ion reports during his incarceration. I
3 beli~ve the count is no less than 59 serious rules
4 viola~ion reports with at least seven of those rules
5 violation reports related to violence. He has multiple
6 alcchol "'iolct~ic.ns arid recentl:1 s:'..nce 2014, at least 39
7 violations for refusing to submit to a urine sample. We
8 took into consideration those recent llSs for the
9 refusing to submit to sample. Hov1ever, we didn't 9.i ve
10 those rules \ 7 iolations reports however recent, as much
11 weight as we did t.he others. And we didn't because it
12 appears, looking at the total record of l1r. XXXXXXX that
13 i t appears that those violations VIere related to his
14 current mental health status. However, today because
15 1'1r. XXXXXXX has refused to program, vJhether i t ' s to go
16 to his some of his treatment, whether it s to come
17 out for interviews and even refused to come out for this
18 hearing. Bec~use he has refused to program, we have no
19 knowledge of what Mr. XXXXXXX 1

s understanding is towards
20 his life crin1e, towards his gang participation, towards
21 his overall criminal behavior. And I do want to note
22 that it appears that Mr. XXXXXXX had entered into the
23 l".iental Health Services Delivery Systern at the CCCMS
24 Jevel of care some1r1here arc,und June 18th, 2008, which i,.•e
xxxxx xxxxxxx J-XXXXX DECISION PAGE 6 11/15/16
~-------··------·----
1\lorthern (,'alifhrnia c·.'ourl RejJOrters

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-- and which we foJnd he was at CCMS for abou~ a year
2 and then he moved -- about a year after that he moved to
3 i the EOP level of care. When you look at his violent
4 related rules violation reports, those 10.rere all prior to
5 his inclusion in the Mental Health Services Delivery
6 System. So we ~culd have tad some questions for him
7 today about that violent history and why it continued
8 and what his insigh~ and understanding was into his
9 continued criminal behavior. And unfortunately, we are
JO unable to do that today with his refusal. We also have
11 no way today arid which also makes him unpredictable, we
12 have no way of assessing if ivJr. XXXXXXX has developed
13 the tools to assist him in being successful upon parole
14 and preventing him from relapsing into whether i t ' s
15 substance abuse and/or t1is criminal behavior. So we
16 find that Mr. XXXXXXX has not participated in viable
17 self-help to address those concerns. And those specific
18 concerns are in the areas of anger management. Just
19 looking at the circumstances of the crime. It involved
20 a great deal of anger for someone to -- whether he was
21 rejected by a young lady or a girl, in his case. It
22 took a great deal of anger for somebody to go up to a
23
I car, thir1k about i t and come back and tr.en just open
24 I fire with no care £or anyone within the house. You

I
25 I xxxxx xxxxxxx J-XXXXX DECISION PAGE 7 11/15/16
J\"orfhern C~al(/Ornia C'ourt Rej)Ortcrs

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knaw, we also note that his gang part.icipation. There
2 is no reccrd of him participat.ing in any type of self-
3 help, \-Jf1ethe~ it's CGA or \vhether it. 1

s Criminal
4 Thinking. And substance abuse as well. So these
5 factors were definitely present during his life crime
6 and we see it dur~ng his negat~ve institutional
7 adjustment as well. Commissioner.
8 DEPUTY COMMISSIONER LAM: Thank you,
9 Commissioner. And I apologize. I think earlier into
10 the hearing, I made a (inaudible) comment that we don't
11 know if he's been compliant. He obviously hasn't been
12 compliant. I think you pretty much covered it. I mean,
13 for us, for ~/our client's case, our prot.lem is, even if
14 you remove the mental heal1:h issue off the table, you
15 still have a guy, an inmate, who hasn't dealt with why
16 he joined the gang. Why was he so violent? Why v.. as1

it
17 just a simple rejection causing him to be so to just
18 shoot into a crowd. You know, and now he has a new
19 added problem. He now, it looks it appears his
20 mental health issues appeared sometime between 2006, but
21 ~hey didn't refer him to January -- until January 18,
22 2008. So that seems to be an -- well, I can't even say
23 mental illness is a is a big factor at this point
24 because even before that he wasn't even programming. He
~------------
1
]\orthern L'ttlif'ornia C'ourt RejJOrters
23
really hasn't programmed at all. So I wish him good
2 luck. But I do note that ~hey did try to hospitalize
3 him three times, 2009, 2012, 2013. They unsuccessfully
4 tried ~o get involuntary medication. I guess it was
5 rejected. So at this point, I guess he's just kind of
6 sitting in his cell and refusing treatment and refusing
7 to cooperate with anybody. I wish your client good
8 luck.
9 PRESIDING COMMISSIONER CHAPPELL: All right. We
10 also note that the Comprehensive Risk Assessment by
11 Dr. Wildman on June 22nd, 2016 found that Mr. XX>~XXXX
12 poses a statistically high risk of reoffense in the free
13 community which w~ find supports our decision. So based
14 on these findings, we conclude that Mr. XXXXXXX poses an
15 unreasonable risk of danger and a threat to public
16 safety if released from prison at this ~ime.
17 Accordingly, this Panel finds l"lr. XXXXXXX ineligible for
18 parole or unsuitable for parole. This decision will
19 only become final after 120 days and only after review
20 by the Board of Parole Hearings Decision Review Unit.
21 l"lr. XXXXXXX will be notified in writing if there are any
22 changes to this decision. This is a five-year denial.
23 And this denial period, we took into consideration
24 Mr. XXXXXXX's youth factors when reaching the denial
,Vorlhern c..:al~(Ornia (,'uurf J?eJJO!'/ers

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And we also took into consideration his long
2 term incarceration. Although he's currently around 40
3 years old, we see that he's been incarcerated sin:::::e
4 1995. Also, Mr. XXXXXXX should be aware that he can
5 request an earlier date than the denial period that we
6 issue todaJ.'. And that's cal~ed the Petition to Advance
7 process. And tha~'s provided ~here's been a change of
8 circumstances or new information that es~ablishes a
9 reasonable likelihood that Mr. XXXXXXX does not require
10 additional incarcera~ion and he can submit a Form 1045A
11 and that form can be provided to him by his counselor.
12 We do I'1ave we did complete a term calculation in
13 Mr. XXXXXXX's case. His crime falls within California
14 Code of Regulations Title 15 matrix section 2403 (D). As
15 the victim was vulnerable. There was direct injury to
16 the victims. And there was an opportunity for
17 Mr. XXXXXXX to cease his actions. So we took the base
18 offense of attempted murder which gave us a base term of
19 12 ~- I'm sorrJ.', yeah, 12 years. We aggravated it by 12
20 months based on multiple victims, \rulnerable victims and
21 an opportunity to cease. And that gave us an adjusted
22 base term calculation of 156 months. We do have
recommendations for Mr. XXXXXXX and that's no more 115s
24 or ::.28As. Work to reduce his placement score. \; e
xxxxx xxxxxxx J-XXXXX DECISION PAGE 10 11/15/16

L _____
1'/orfhern (_'afifornia (:our/ f{ejJOr/ers
currently hove a placement score of 259. Stay
2 disciplinary free. Earn positive chronos. Get in vol \red
3 in sel:!:-help. And continue and be compliant with your
4 i:herapy. So the time is approximately 3:54 p.m. We'd
5 like to wish Mr. XXXXXXX good luck. This hearing is
6 adjourned. 1'har,k J.'OU.
1] RECENT BOARD HEARING AND IS PROVIDED TO YOU IN
13 (A) (4), AND CALIFORNIA CODE OF REGULATIONS, TITLE 15,
14 SECTION 2254. THIS PROPOSED DECISION WILL BECOME FINAL
18 PROPOSED DECISION HAS BEEN MODIFIED 1 VACATED OR REFERRED
19 TO THE FULL BOARD, SITTING EN BANC, DUE TO AN ERROR OF
20 I LAW, ERROR OF FACT OR NEW INFORMATION PURSUANT TO
21 CALIFORNIA CODE OF REGULATIONS, TITLE 15, SECTION 2042.
25 xxxxx xxxxxxx J-XXXXX DECISION PAGE 11 11il5/16
J\1orlhern C.'lrli(brnia C.'uurf J?..eJJOrlers

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CERTIFICATE AND
I, .l'\.!~GELA THOMPSON, as the Official Transcriber,
hereby certify that the aLtached proceedings:
In the matter of the Life CDC Number: J-XXXXX

Hearing of:
xxxxx xxxxxxx
LANCASTER, CALIFORNIA
NOVEMBER 15, 2016
1:55 P.M.
transcription.
Angela Thompson
November 23, 2016
NAME OF TRANSCRIPT COMPANY
Copyright 2016/All Rights Peserved by BPH
lv'orthern C.'al[f(irnia C'(Jurt Re;)orters

Reconsideration 1 yr Denial
PAROLE RECONSIDERATION HEARING
STATE OF CALIFORNIA
In the matter of the Life CDC Number: c-xxxxx

Hearing of:
xxxxxx xxxxxx
VALLEY STATE PRISON
CHOWCHILLA, CP..LI FORN IA
OCTOBER 26, 2016
8:52 A.M.
PANEL PRESENT:

KEN ALLEN, Deputy Commissioner
OTHERS PRESENT:
XXXXXX XXXXXX, Inmate

AARON WEST, Deputy District Attorney
- - -No See Review of Hearing

- - - Yes Transcript Memorandum
Dannette I\ruer, Transcriber, NCCR

2
I N D E X
Proceedings .. 3
Case Factors. 25
Post-Commitment Factors. 46
Parole Plans . . . . . . . 58
Recess . . . 78
Decision. 79
Adjournment. 85
]1/orthern Ca!(fornia C'ourt Re11orlers

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1 P R 0 C E E D I N G S
2 PRESIDING COMMISSIONER FRITZ: Yeah.
4 PRESIDING COMMISSIONER FRITZ: Okay. We're on
5 record. The time is 8:52 a.m. This is for the
6 Reconsideration Hearing of XXXXXX XXXXXX, O-A-\111-S-O-N,
7 CDC Number C-XXXXX. Today's date is October 26th, 2016
8 and we're located at Valley State Prison. Mr. }~XXXXX
9 was received into the Department of Corrections and
10 Rehabilitation on June 28th, 1990. His life term began
11 on March 7th, 1992. He was given a grant of parole on
12 September 24th, 2013. He was released on October 1st,
13 2013. He was returned to custody on May 20th, 2014 for
14 revocation violations and placed back in the lifer
15 system -- thank you -- and has been going through the
16 reconsideration process. Received a one-year denial
17 last No·vember of 2015. He was originally received into
18 the Department of Corrections and Rehabilitation for the
19 offense of t-lurder Second, Penal Code Section 187, Grand
20 Theft on Person, Penal Code Section 487 .2, and Grand
21 Theft, Penal Code Section 487 .1. That's count 1, 2 and
22 3 in the County of Santa Clara, case number 121838 and
23 had originally received a term of 15 years plus nine
24 years of enhancements for a total term of 24 years to
25 life. This hearing is being tape recorded. Vie' re going
l\-'orlhern ('al1:fornia Court J?eporters

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1 to go around the room and put our names on the record.
2 Please give your name and spell your last name.
3 Mr. XXXXXX, when ! get to you give your CDC number also.
4 I'll start with myself, Cynthia Fritz, F-R-I-T-Z,
5 Commissioner.
6 DEPUTY COMMISSIONER ALLEN: Ken Allen, A-1-I.,-E-N,
8 DEPUTY DISTRICT ATTORNEY WEST: Aaron West, W-E-
9 S-T, Deputy District Attorney, Santa Clara County.
10 ATTORNEY IYAYI: Daniel Iyayi, I-Y-A-Y-I,
11 attorney for Mr. XXXXXX.
12 INMATE XXXXXX: XXXXXX XXXXXX, 0-A-W-S-O-N, C-
13 xxxxx.
14 PRESIDING COMMISSIONER FRITZ: All right. We
15 also have one correctional officer present for security
16 purposes only. Mr. XXXXXX, can you please raise your
17 right hand so I can swear you in? Do you swear or
18 affirm to tell the truth, the whole truth and nothing
19 but the truth?
20 INMATE XXXXXX; Ye ah.
21 PRESIDING COMMISSIONER FRITZ: Okay. You can put
22 your hand down. Let's see if you need any
23 accommodations under the Americans with Disabilities
24 Act. I'm going to ask you some questions. Do you -- I
?5 thought you had a cane. Do you have a cane?
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1 INMATE XXXXXX: Yeah.
2 PRESIDING COMMISSIONER FRITZ: Do you have it
3 "'ith you?
5 PRESIDING COMMISSIONER FRITZ: Where is it?
6 INMATE XXXXXX: In the other room.
7 PRESIDING COMMISSIONER FRITZ: Oh, i t ' s in the
8 other roorn.
9 INMATE XXXXXX: Yeah. I don't think they'll let
10 us (inaudible).
11 PRESIDING COMMISSIONER FRITZ: Sometimes they --
12 sometimes they put them in the corner
13 INMATE XXXXXX: Oh.
14 PRESIDING COMMISSIONER FRITZ: -- when they come
15 in. All right. Do you wear glasses?
16 INMATE XXXXXX: Yeah, but I don't really need
17 them right now.
18 PRESIDING COMMISSIONER FRITZ: Are they for
19 reading or for distance?
20 INMATE XXXXXX: I tried to get both actually.
22 INMATE XXXXXX: Bu~ I can see pretty good.
23 PRESIDING COMMISSIONER FRITZ: All right. \\fell,
24 1,~e have a magnifying device for you.
25 INMATE XXXXXX: All right. Thank you.
]\ or1hern C'alifornia ('our!

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J~eJJOr/ers
6
1 PRESIDING COMMISSIONER FRITZ: And can you hear
2 me okay?
3 INMATE XXXXXX: Uh-huh.
4 PRESIDING COMMISSIONER FRITZ: Yeah. I need a
5 yes or no.
6 INMATE XXXXXX: Yes, ma'am.
8 INMATE XXXXXX: Thank you.
9 PRESIDING COMMISSIONER FRITZ: All right. You 1

re
10 CCCMS?
12 PRESIDING COMMISSIONER FRITZ: Is that correct?
13 I need a yes or no for the
14 INMATE XXXXXX: Yes, ma'am. I'm sorry.
15 PRESIDING COMMISSIONER FRITZ: It's just for a
16 clear record
17 INMATE XXXXXX: Okay.
18 PRESIDING COMMISSIONER FRITZ: -- I need a yes or
19 a no instead of an uh-huh, or. All right. Are you
20 taking any psychotropic medication?
21 INMATE XXXXXX: No.
22 PRESIDING COMMISSIONER FRITZ: No? Are you
23 taking any medication for any medical reason?
24 INMATE XXXXXX: No. Oh, yes. Sorry.
25 PRESIDING COMMISSIONER FRITZ: Okay. What are
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1 you taking?
2 INMATE XXXXXX: Naproxen. I take allergy
3 medication. I have an inhaler. I take cholesterol
4 medication. I think that's it.
5 PRESIDING COMMISSIONER FRITZ: Okay. Jl..11 right.
6 And v.•hat is the last grade you completed in school
7 before you came to prison?
8 INMATE XXXXXX: Before I came to prison? For
9 violation of parole or prison for?
10 PRESIDING COMMISSIONER FRITZ: Before you came
11 into prison for the first time.
12 INMATE XXXXXX: Tenth grade I think.
13 PRESIDING COMMISSIONER FRITZ: Tenth grade? Did
14 you upgrade educationally?
16 PRESIDING COMMISSIONER FRITZ: You have your --
17 yes?
18 INMATE XXXXXX: Yes.
19 PRESIDING COMMISSIONER FRITZ; You have your GED?
21 PRESIDING COMMISSIONER FRITZ: Okay. Any further
22 schooling?
24 PRESIDING COMMISSIONER FRITZ: What do you have?
INMATE XXXXXX: I went to vocational training

8
1 programs. I went to college, a couple different
2 colleges.
3 PRESIDING COMMISSIONER FRITZ: Did you get an
4 A.A. degree or any type of degree or are you working on
5 any?
6 INMATE XXXXXX: No, I've got a lot of
7 certificates and things like that.
10 PRESIDING COMMISSIONER FRITZ: Got it.
11 INMATE XXXXXX: Completions.
12 PRESIDING COMMISSIONER FRITZ: I have your
13 reading score at a 10.6. Does that sound right to you?
16 Besides your cane and magnifying device do you need any
17 other accommodations to go forward with the hearing
18 today?
19 INMATE XXXXXX: No. But I'm kind of like having
20 allergies and I've like an inhaler, you kno>v, that I
21 use?
23 INMATE XXXXXX: I used it this morning and I
24 think becau5e I'm real nervous, you know, that it's
25 mAking me having a -- you know, I'm coughing a lot.
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1 Let's just say that, so.
2 PRESIDING COMMISSIONER FRITZ: Okay. \.'/ell, if
3 you need a break let us know.
4 INMATE XXXXXX: All right. I 1

m okay. It's just
5 if I start coughing you' 11 know 1•1hy.
7 INMATE XXXXXX: In other words, you know.
8 PRESIDING COMMISSIONER FRITZ: All right. Thank
9 you. Yeah. If you need a break at any time let us know

,.
10 if you need to get the inhaler. That's .... 1 ne.
12 PRESIDING COMMISSIONER FRITZ: Okay. Does your
13 client need any other accommodations?
14 ATTORNEY IYAYI: No, Commissioners.
16 through your Notice of Hearing Rights. Did you get your
17 documents from your correctional counselor regarding the
18 hearing today, sir?
20 PRESIDING COMMISSIONER FRITZ: Did you read and
21 sign through those documents'?
23 PRESIDING COMMISSIONER FRITZ: All right. I have
24 ~hat yo8 signed your Notice of Hearing Rights 1002 Form
?.5 on fvlay 26, 2016. Is that correct?
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2 PRESIDING COMMISSIONER FRITZ: Yes. Okay. Do
3 you wan-::. to go forward with the hearing today, sir?
5 PRESIDING COMMISSIONER FRITZ: Okay. You ha·ve a
6 right to review the non-confidential documents in your
7 prison Central File. We went through your Americans
8 with Disability Act accommodations. You are entitled to
9 a hearing by an impartial hearing panel. You're
10 entitled to a copy of the record of the hearing.
11 entitled to a copy of the decision. We'll give you the
12 decision today. Do you have any questions regarding
13 your hearing rights?
14 INMATE XXXXXX: No,
15 PRESIDING COMMISSIONER FRITZ: Have your client's
16 rights been met thus far?
17 ATTORNEY IYAYI: We believe so, Commissioners.
18 PRESIDING COMMISSIONER FRITZ: Any preliminary
19 objections?
20 ATTORNEY I YA YI: No, Commissioner. There are no
21 objections that this time.
23 So let's go through procedures. It is a reconsideration
24 hearing so let me explain to you what we're going to do.
25 We're really going to be mostly focusing on what
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1 happened when you were given a grant and asking
2 questions about LhaL. We may ask you some questions
3 about the life crime and we -- and we do want to talk
4 about what you've been doing since you've been back in
S prison since 2014. So there'll be a little bit of pre-
6 conviction. Some post-conviction regarding what you've
7 been doing in prison but -- and as well as talking about
8 what was going on in your life from October of 2013 up
9 until the time you returned to custody. I notice that
10 you haven't discussed it in the past. Is your client
11 going to be discussing everything today?
12 ATTORNEY IYAYI: My client has indicated to me,
13 Commissioner, that he's not going to.
14 PRESIDING COMMISSIONER FRITZ: Discuss 1;.1hat?
15 ATTORNEY IYAYI: Discuss the incidents that
16 resulted in the revocation. To tell you the truth that
17 what was I focused on. I did not ask him specifically
18 if he wants to discuss the life crime.
20 ATTORNEY IYAYI: But he was very clear to me that
21 he did not want to discuss the incident that led to the
22 revocation.
23 PRESIDING COMMISSIONER FRITZ: Okay. And hoi,..1
24 about so I ' l l probably ask questions leading up to it
25 and if -- I mean, it's all voluntary and if you don't
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1 want to ans\.\'er them you don't have to. How about the
2 life crime? Because I don't believe you discussed that
3 at the :ast reconsideration hearing either.
4 ATTORNEY IYAYI: No.
5 PRESIDING COMMISSIONER FRITZ: No?
6 ATTORNEY IYAYI: No.
7 PRESIDING COMMISSIONER FRITZ: Okay. Then what
8 we'll do is we'll take his prior statements regarding
9 the -- I think it was from the 2013 Risk Assessment are
10 his las~ statements regarding the life crime. I don't
11 believe he discussed it.
12 INMATE XXXXXX: Could I say something?
13 PRESIDING COMMISSIONER FRITZ: Sure.
14 INMATE XXXXXX: When I was found suitable I made
15 a statement, a lengthy statement, you know, from the
16 Commissioners. Also, I wrote out a statement and in the
17 statement I made a quote because of I think in the
18 Psych Report she kind of mentioned it.
20 INMATE XXXXXX: But in 2001 there was a Psych
21 Evaluation and on page 3 the psych evaluator used the
22 words "sole purpose." All right? And when I wrote my
23 account of what happened then, right, I used that word,
24 those words, not to indicate that somehow in part that I
25 took this motorcycle for the purpose -- or killed him
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1 for the mo~orcycle. And they asked me about it at the
2 hearing.
4 INMATE XXXXXX: And I explained it to them but
5 when I \·Jent to see the
7 INMATE XXXXXX: -- psych she kind of missed --
8 PRESIDING COMMISSIONER FRITZ: Okay, the 2013
9 hearing.
10 INMATE XXXXXX: -- misunderstood what I was
11 saying.
12 PRESIDING COMMISSIONER FRITZ: Which we have a
14 PRESIDING COMMISSIONER FRITZ: We have a copy of
15 the transcript so we'll look at what your statement was
16 in --
18 PRESIDING COMMISSIONER FRITZ: -- 2013. Okay?
19 INMATE XXXXXX: And the only reason I'm bringing
20 this up is because in her psych reports she mentioned i t
21 but she kind of -- I'm just explaining it so you'll --
23 INMATE XXXXXX: -- know when we read that part.
24 PRESIDING COMMISSIONER FRITZ: Well, VJe'll take a
25 loc_ik at the statement in the Psych Report and see
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1 it's
3 PRESIDING COMMISSIONER FRITZ: -- consistent with
4 what you said. All right. Okay. So, again, it's
5 volufl.tary. If you don't want to discuss certain matters
6 we' 11 take your prior statements. All right. So that's
7 basical:y how i t ' s going to work. \\le' 11 go through
8 parole plans. After we're done questioning the District
9 Attorney's Office can ask questions. Your attorney can
10 ask questions. We'll take closing statements from the
11 District Attorney's Office, your attorney, you if you'd
12 like to make one. We'll take a break. We'll come back.
13 We' 11 give you a decision today. Do you have any
14 questions on the procedures for today?
16 PRESIDING COMMISSIONER FRITZ: No? Okay. So,
17 again, if you need a break at any time let us kno1t1. It
18 is important because it is being tape-recorded. It will
19 be transcribed into a transcript as you know, and people
20 will be reviewing it. So we will try to correct you if
21 you're not saying something audible. We don't you to
22 guess
23 INMATE XXXXXX: Is it okay if I scoot over a
24 little bit.
25 PRESIDING COMMISSIONER FRITZ: to any
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1 questions. I don't --
2 INMATE XXXXXX: Because I can't really see.
3 PRESIDING COMMISSIONER FRITZ: We don 1 t want you
4 to guess to any questions and we don't want you to
5 answer any questions you don't understand.
7 PRESIDING COMMISSIONER FRITZ: Okay? And you
8 don't need to make any admissions or discuss the details
9 of the crimes which we've already discussed. Any
10 questions so far?
11 INMATE XXXXXX: No, ma'am.
12 PRESIDING COMMISSIONER FRITZ: All right. Did
13 you receive the ten-day and the 65-day packets?
14 ATTORNEY IYAYI: I did, Commissioners.
15 PRESIDING COMMISSIONER FRITZ: Did you receive
16 all the packets?
17 DEPUTY DISTRICT ATTORNEY WEST: (Inaudible.)
18 PRESIDING COMMISSIONER FRITZ: Any other
19 documents you want to submit?
20 ATTORNEY IYAYI: No, Commissioners.
22 So any questions that you have before we get started?
23 INMATE XXXXXX: Can I ask him something?
25 INMATE XXXXXX: All right. Thank you, sir.
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1 ATTORNEY IYAYI: You're welcome.
2 INMATE XXXXXX: Thank you, ma'am.
3 PRESIDING COMMISSIONER FRITZ: Thank J.'OU. Okay.
4 So let's get started. As far as your social history is
5 concerned i t ' s been on the -- been on the record many,
6 many times before. Is there anything that -- and I'm
7 just talking about your childhood up through the first
8 time that you came into prison. Is there anything else
9 that you want to add as far as your social history that
10 hasn't ever been discussed? Because we've read through
11 the prior information. Anything Lhat you think 1 s
12 significant or important that, you know, would be
13 helpful saying something about you today?
14 INMATE XXXXXX: My parole. I went to a recovery
15 center and --
16 PRESIDING COMMISSIONER FRITZ: I'm sorry. So
17 what time period are we talking about? After you were
18 granted and then paroled?
20 PRESIDING COMMISSIONER FRITZ: Okay. So we're
21 talking about October 2013?
22 INMATE XXXXXX: October the 1st or 2nd.
23 PRESIDING COMMISSIONER FRITZ: The 1st? Okay.
24 INMATE XXXXXX: I actually went to a recovery
25 cer.ter called JRC, Jordan Reco"l..'ery Center.
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1 PRESIDING COMMISSIONER FRITZ: Pi.nd where's that
2 located?
3 INMATE XXXXXX: Crescent City.
5 INMATE XXXXXX: And I actually -- I have a wife
6 and kids and grandkids in San Jose, California.
8 INMATE XXXXXX: And I'm in contact with them. I
9 brought some pictures and stuff. My wife sent a letter
10 but for some reason it isn't here yet and so I don't
11 have a support letter. I kind of felt bad about, you
12 know, the fact that I was in here for murder and I hurt
13 the victim's family.
15 INMATE XXXXXX: And I have a tribe and an uncle
16 and aunt and some other people that are my relatives in
17 Crescent City and Klamath and places like that, and so I
18 thought maybe it 1>1ould be better for me to parole
19 somewhere else other than my wife's house so that the
20 victim's family wouldn't feel uncomfortable. And it
21 would be kind of awkward to like run into people, you
22 know, from my past. And I don't associate with anybody
23 in my past anymore other than my >·1ife. And so I went to
24 Crescen:. City. On my parole I went to Jordan Recovery
25 Center and 1 1,.Jas on the Peer Council there. I know
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1 quite a bit about substance recovery and 12 step
2 programs and so I actually helped start a couple of
3 programs. One was a men's talking circle at the Native
4 American Council Center on M Street and it's behind
5 where I used to work. I used to wash cars on the
6 weekends and donate the -- for donations and the
7 donations went to the Jordan Recovery Center and that
8 would be on Sundays that we did it.
10 INMATE XXXXXX: I was going to NA and AA at
11 Sutter Coast (phonetic) Memorial Hospital and a place
12 called The Grange which is all in Crescent City.
13 There's four houses that are owned by the Yurok tribe
14 and my aunt lived there. And i t ' s 386 Butte Street in
15 Crescent City and they're i t ' s an elderly community
16 of four houses and I learned that they get wood there
17 bu~ they don't chop it for them and so I started going
18 over there and doing that for them. And then I ended up
19 being their taxicab driver and all kinds of things.
20 Their 911 service. And I helped them quite a bit, And
21 so I also went and after that signed up at the Human
22 Health and Resource Center to help in-home service care
23 provider for elderly people and I never got contacted
24 but I put in an application for it at the senior center
25 on North crest Drive. I went and donated my time feeding
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1 elderly people at the senior center. At Rural
2 (phonetic) Human Resource Center I went down and they
3 have a food bank there and I went and made food boxes
4 and we took them out to the churches and to the veterans
5 hall and I donated my time there, especially through the
6 holidays. Let me think. Went to college. I was going
7 to college at the Redwoods. I was a fulltime student.
8 I took English and math and I also took an English and
9 math lab class and so that gave me 12.5 credits or units
10 and made me a full time student. And I worked two jobs
11 and went to school. I was a manager at Safeway Shopping
12 Center in Crescent City where there's nine stores.
13 There's a cinema there and I had the keys to the 1t1hole
14 place. I used to go and do all the maintenance for
15 there. I worked for Kevin -- oh, what's his name?
16 Kevin Berger. I worked at the Crescent City Animal
17 Medical Center as a veterinarian assistant. And so I
18 had a pretty busy schedule. When I graduated from the
19 Jordan Recovery Center I went to live with my aunt which
20 lives in that elderly -- four houses I was telling you
21 about. And her son moved in and was using drugs and
22 alcohol so I told he!:' I had to lea\re. I left. I went
23 to a motel for like three days. I went on the internet
24 and I found myself a 70-foot house trailer and I paid
25 five thousand dollars for it. And it had a garage. It
l\'orthe1·n California Court )~r!portr!rs

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1 was in the Spruce Haven Trailer Park. ·while I was
2 living there I did quite a bit of work on i t because it
3 was so run down and that was the reason I bought i t
4 anyway because I can fix everything. And I started
5 repaving like the front driveway because it's all dirt.
6 And I started helping my neighbors do theirs without
7 asking them for any money which they offered Let me
8 think. Oh, yeah. I went to the sweat -- I was part of
9 a Native American sweat lodge group which is a spiritual
10 group. I used to go there once a week. I donated my
11 time there cutting wood and then getting wood because I
12 had a truck. I bought a 1990 GMC Stepside Chevy. And
13 since I had a truck and a vehicle I used to give people
14 rides ~o school. I used to get wood for the sweat
15 lodge. I used to go and help those people I was telling
16 you about, the elderly people, to get their groceries.
17 PRESIDING COMMISSIONER FRITZ: Okay. So you 1 re
18 doing a lot of really good things. So what happened?
19 INMATE XXXXXX: I was doing a lot of things.
20 PRESIDING COMMISSIONER FRITZ: Maybe you had too
21 much on your plate. I don't know, but.
22 INMATE XXXXXX: Well, I kind of mentioned that to
23 the -- I talked to the psych evaluator.
25 INMATE XXXXXX: That I felt like, you knov1, I
1'lorthern C'alifornia Court Re;Jorters

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1 kind of overdid myself a little bit. But it kept me
2 busy and the whole time I've been locked up even before
3 I paroled, and you' 11 see it like in my records since
4 I've come back, I've always done a lot of things. And I
5 like being active and staying busy doing things that are
6 positive. At one time, or really many times, I've
7 talked
B PRESIDING COMMISSIONER FRITZ: Well, let me just
9 ask you a question though.
11 PRESIDING COMMISSIONER FRITZ: So you' re do2.ng
12 all these really good things. From what I can -- from
13 what I understand you're claiming that the burglary and
14 the stealing of the firearm you're claiming that you
15 were not -- you did not participate in that?
16 INMATE XXXXXX: I'm not going to
17 PRESIDING COMMISSIONER FRITZ: You're not going
18 to answer either way?
19 INMATE XXXXXX: -- make any comments about that.
20 PRESIDING COMMISSIONER FRITZ: Okay. Okay. So
21 everything that you just discussed was the seven
22 about tte seven-month period -- you were outside of
23 prison for about six or seven months. Correct?
25 PRESIDING COMMISSIONER FRITZ: Before you i.-1 ere
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1 returned to custody.
2 INMATE XXXXXX: Uh-huh. Can I mention one more
3 thing?
5 INMATE XXXXXX: I actually had saved about
6 thirteen thousand dollars and I have receipts right here
7 like n1y bank statements and stuff.
9 INMATE XXXXXX: I didn't mention that part
10 earlier.
12 Thank you. Okay. So I'm going to put on the record the
13 violation and you don't need to discuss it but I'm glad
14 that you did kind of explain what was going on in that
15 time period because I did want to know what was going on
16 in tha~ six to seven-month period while you were out.
17 Were you having regular contact with your wife down in
18 San Jose and your kids?
19 INMATE XXXXXX: Oh, yeah.
21 INMATE XXXXXX: Hey, can I mention one other
22 th:: ng? When I graduated Jordan Recovery I became an
23 alumni and there they have like three meetings a day and
24 the ones at night that I could go to which were right
'.25 arc,und [~ o'clock to 9 o'clock, I used to go down there
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1 and help the people that were still in recovery, you
2 know. So that's just one more thing, you knoh

1
, that I
3 was doing lil:e socially.
4 PRESIDING COMMISSIONER FRITZ: Well, and it
5 sounds like you' re doing a lot of good stuff. When I
6 talk to inmates that come back in on a 3000.l they are
7 parole violations.
9 PRESIDING COMMISSIONER FRITZ: Sometimes what
10 happens -- I always say when we give grants take care of
11 yourself first. Right? I mean, i t ' s -- everybody
12 wants
13 INMATE XXXXXX: That makes sense.
14 PRESIDING COMMISSIONER FRITZ: to go out and
15 do a lot of good ~hings but i t ' s very stressful out
16 there and, you know, then you haven't been out there for
17 a long time and so everybody wants to do everything all
18 at once and then they get overwhelmed and then things
19 sometimes things don't turn out so well, so while it
20 sounds like you 1;1ere doing a lot of good things
21 sometimes it can be overwhelming and then you get
22 stressed and then -- and then some people get triggered
23 and things like that. What family was in your area?
24 Did you what family support did you have in the area?
25 \llho was there?
1'/orlhern Cct!ifornia Court Reporlers

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l INMATE XXXXXX: \\fell, I had my aunt --
3 INMATE XXXXXX: -- and her son.
4 PRESIDING COMMISSIONER FRITZ: Your aunt and your
5 cousin?
6 INMATE XXXXXX: Yeah. Marcia Boi,1er and
7 PRESIDING COMMISSIONER FRITZ: What are their
8 names?
9 INMATE XXXXXX: Terr:i/ Bowers, her son. Marcia
10 Bower is my aunt and she's elderly and she's the one
11 that lived in that -- i t was like a two-bedroom tribal
12 home. You know, there's four of them.
13 PRESIDING COMMISSIONER FRITZ: Okay. Anybody
14 else?
15 INMATE XXXXXX: My Uncle Bud Kinder. My Aunt
16 Velma Kinder. Marty Kinder. Now Bud and Velma own a
17 home which is in Hoopa. It's on the Indiana
18 Reservation.
19 PRESIDING COMMISSIONER FRITZ: Do you have
20 contact with all of these people now?
22 PRESIDING COMMISSIONER FRITZ: You do?
23 INMATE XXXXXX: Except for my aunt died recently,
24 Marcia Bower.
25 PRESIDING COMMISSIONER FRITZ: Which is the
1'/orthcrn C.'alifornia Court RcjJOrters

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1 cousin that reported the burglary?
2 INMATE XXXXXX: Jimmy.
3 PRESIDING COMMISSIONER FRITZ: Jimmy?
4 INMATE XXXXXX: Kinder. Yeah.
6 INMATE XXXXXX: That's my --
7 PRESIDING COMMISSIONER FRITZ: Do you talk to
8 him?
9 INMATE XXXXXX: No, I don't.
10 PRESIDING COMMISSIONER FRITZ: What was your
11 relationship with him before you came into prison?
12 INMATE XXXXXX: Good.
13 PRESIDING COMMISSIONER FRITZ: Good?
14 INMATE XXXXXX: He used to call me and stuff.
15 Yeah.
17 INMATE XXXXXX: I went to his house a couple
18 times.
20 According to this information on March 27th, 2014 you
21 were arrested for burglary and being a felon in
22 possession of a firearm. "The victim, Mr. XXXXXX's
23 cousin, ;:eported a burglary at his residence. The
24 victim told the deputy that he met Mr. XXXXXX at his
?5 residence on March 19th, 2014 because Mr. XXXXXX was
1\1orthern California C'ourf RC'JJOrfers

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1 going to help him move some items from the house''. Is
2 that true? Were you going to help him move?
4 PRESIDING COMMISSIONER FRITZ: Yes? Is that a
5 yes or no?
6 INMATE XXXXXX: Yeah. He called me like three
7 "''eeks
8 PRESIDING COMMISSIONER FRITZ: Okay. But I just
9 need a yes --
11 PRESIDING COMMISSIONER FRITZ: -- instead of a
12 yeah. Okay.
14 PRESIDING COMMISSIONER FRITZ: ''The victim showed
15 Mr. XXXXXX around the house and identified what he
16 wanted moved." Was he going to pay you for that?
18 PRESIDING COMMISSIONER FRITZ: No. You' re just
19 doing it out of the kindness of your heart. Okay. "The
20 victim said he had a Mossberg shotgun in plain view
21 which Mr. xxxxxx must have seen. The following day two
22 witnesses obser'\red a man coming out of the victim's
23 residence. The man was wearing a mask and wrapping a
24 fl rearm in a blanket. The i,..1itnesses were able to obtain
25 the license plate from the suspect's motorcycle which
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1 ~hey provided to law enforcement. The deputy located
2 that motorcycle and the suspect who was identified as
3 xxxxxx xxxxxx. Mr. XXXXXX denied any involvement in the
4 burglary and said he was -- he did not know anything
5 about the firearm. The deputy searched him and found a
6 mask and latex gloves in his pocket. He was unable to
7 locate the firearm. The witnesses later identified the
8 mask as ~he one worn by the person burglarizing the
9 victim's home." Then you were arrested under the name
10 of XXXXXX --
11 INMATE XXXXXX: XXXXXXX (phonetic).
12 PRESIDING COMMISSIONER FRITZ: XXXXXXX? Is
13 that an a/k/a? Did you give them a fake
14 INMATE XXXXXX: That's my real name.
15 PRESIDING COMMISSIONER FRITZ: That's your real
16 name?
18 PRESIDING COMMISSIONER FRITZ: While in county
19 jail the jail officials were informed of -- I guess you
20 have a prior escape history and they found a small
21 Sawzall blade in the bunk where you kept your
22 belongings. Okay. So did you have a motorcycle at the
23 time?
25 PRESIDit-tG COMMISSIONER FRITZ: You did?
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l INMATE XXXXXX: Yeah. Yes.
2 PRESIDING COMMISSIONER FRITZ: Thank you. Did
3 you have a ·vehicle also? I thought you said -- did you
4 buy a vehicle?
5 INMATE XXXXXX: I have a truck.
6 PRESIDING COMMISSIONER FRITZ: You had a truck,
7 too, and a motorcycle. Okay. And is there anything
8 that you want to discuss regarding this?
10 PRESIDING COMMISSIONER FRITZ: Okay. Now 1
11 afterward, the blade that was found in your bunk.
12 INMATE XXXXXX: Actually, I lived in a dorm with
13 22 people and I lived on a bunk bed with somebody else.
14 And I was never charged or given a write-up or counseled
15 or anything about that. What they did is they took
16 everybody out of the dorm and moved them into another
17 part of the facility and that l·Jas it. I didn't never
18 see this until later at another date, so.
19 PRESIDING COMMISSIONER FRITZ: Do you know
20 anything about it?
22 PRESIDING COMMISSIONER FRITZ: No?
25 So, obviously, t_hPre would be a lot of questions that
1
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1 we'd would want to ask as far as why you were found with
2 a mask and latex gloves in your pocket. Why they
3 identified your moLorcycle with the license plate as the
4 motorcycle where the person that perpetrated the crime
5 was leaving. You know, what was going on as far as the
6 move and when you go there and if you got there, did you
7 help your cousin out with moving? What happened? You
8 know, v.1hat did you see in the home? If you have any
9 idea -- if you were not the perpetrator who was the
10 perpetrator of the crime? Why would your cousin report
11 this crime and then others implicate you, two other
12 witnesses? Do you know who the two witnesses are?
13 INMATE XXXXXX: I don't know them personally.
14 PRESIDING COMMISSIONER FRITZ: You don't know
15 them personally? So no issues with them and you never
16 met them, or?
18 PRESIDING COMMISSIONER FRITZ: No reason for them
19 to implica-i:.e you? Okay. All right. Okay. And then
20 the offense that you came into prison for was on
21 February 22nd, 1988 when you shot and killed XXXXXXX
22 xxxxxxxx. You stole his motorcycle. Placed himself
23 you placed yourself as the owner on the vehicle
24 registration form. You put a non-existent person as the
25 seller of tt'.e rnoi:.orcycle. It looks like Mr. XXXXXXXX
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1 had been shot five times. Shot in the arm from a
2 distance of c..t least 18 inches. The second bullet was
3 to the head and probably knocked him down. And then the
4 remaining three bullets were near-contact execution-
5 style shots to the head. Did you want to make any
6 comments about why that murder -- why you were involved
7 in that murder?
8 INMATE XXXXXX: None other than what I already
9 said before.
10 PRESIDING COMMISSIONER FRITZ: Oka;,1 • Did you
11 know the victim Mr. XXXXXXXX before?
13 PRESIDING COMMISSIONER FRITZ: You did? How did
14 you --
15 INMATE XXXXXX: Not really well but I did, yeah.
16 PRESIDING COMMISSIONER FRITZ: How did you know
17 him?
18 INMATE XXXXXX: I met him like four times, I
19 think, or three times before in the past.
20 PRESIDING COMMISSIONER FRITZ: So you i,.,•ere
21 acquaintances?
24 INMATE XXXXXX: He frequented a place where I
25 used to go to.
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1 PRESIDING COMMISSIONER FRITZ; All right.
2 INMATE XXXXXX: A friend's house.
3 PRESIDING COMMISSIONER FRITZ: So we 1 ll take a
4 look at your prior statements because you don't have to
5 discuss i t if you don't want to. Okay. So is there
6 anything else that you want to discuss about -- we're
7 going to get into what's been going on in prison for the
8 last couple of years. Is there anything else that you
9 want to add?
11 PRESIDING COMMISSIONER FRITZ: (Inaudible.) No?
12 Okay. So you were interviewed on September 28th, 2016.
13 It's a 17-page -- i t ' s a 17-page document. It went
14 through your background in~ormation. And does your wife
15 ever come to visit you, sir?
16 INMATE XXXXXX: She used to come to family
17 visits.
19 INMATE XXXXXX: But they've taken them away from
20 us as lifers, you know.
21 PRESIDING COMMISSIONER FRITZ: Right.
INMATE XXXXXX: i'l.nd so
23 PRESIDING COMMISSIONER FRITZ: So i t ' s been a
24 1-.•hile.
25 INMATE XXXXXX: I don't --
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1 PRESIDING COMMISSIONER FRITZ: Because that was a
2 long time ago.
3 INMATE XXXXXX: Yeah. She has -- she doesn't
4 drive. People drive her places so i t ' s kind of hard for
5 her to get around.
7 INMATE XXXXXX: She has high blood pressure and
8 her sugar level. What do you call it?
9 PRESIDING COMMISSIONER FRITZ: How about -- how
10 about k.:._ds?
11 INMATE XXXXXX: Yeah, I got kids.
12 PRESIDING COMMISSIONER FRITZ: Do your kids ever
13 come to visit you?
14 INMATE XXXXXX: Not lately, no.
15 PRESIDING COMMISSIONER FRITZ: No? Okay.
16 Because this is a lot closer than Crescent City.
17 INMATE XXXXXX: I've seen them -- yeah, I seen
18 them when I was out on the street but not so much in
19 jail.
20 PRESIDING COMMISSIONER FRITZ: What, did they
21 come and visit you in Crescent City?
22 INMATE XXXXXX: Yeah. And I went and seen ~hem.
23 PRESIDING COMMISSIONER FRITZ: Did you get
24 permission to do that?
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1 PRESIDING COMMISSIONER FRITZ: You did? Okay.
2 All right. So anybody else that you stay in contact
3 with outside of prison right nov1?
4 INMATE XXXXXX: Let me see. I have a sponsor
5 named Kyle which is an AA/NA sponsor. There's a drug
6 counselor in Crescent City. My parole officer. Let's
7 see, my grandkids.
9 INMATE XXXXXX: My daughter, my son, my wife.
10 PRESIDING COMMISSIONER FRITZ: Where do they all
11 live? Do they all live in
12 INMATE XXXXXX: San Jose.
13 PRESIDING COMMISSIONER FRITZ: I'm sorry?
14 INMATE XXXXXX: They all live in San Jose.
15 PRESIDING COMMISSIONER FRITZ: So Santa Clara
16 County?
17 INMATE XXXXXX: Santa Clara County.
18 PRESIDING COMMISSIONER FRITZ: All right.
19 INMATE XXXXXX: The drug counselor actually is up
20 in Crescent City and he's part of the court system now
21 but he '.lSed to be a drug counselor at JRC, at Jordan
22 Recovery now.
24 INMATE XXXXXX: And so I really like him because
25 he's an honest person thaL will tell -- he won't -- if I
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1 to:d him about things he wouldn't give me an answer that
2 he thought I would v1ant. He would tell me the truth,
3 you know, about things. I really respect him for that,
4 you know, so I kind of value his -- what he tells me and
5 our relationship together. Let 1 s see, "''ho else?
7 INMATE XXXXXX: I have a couple of spiritual
8 friends that used to come into the prison system that
9 I'd write and that I'd seen when I was out on the
10 street. One of them had a sweat lodge up by my house
11 and I used to go there when I was out. Let me think.
12 Who else? A fev1 people.
13 PRESIDING COMMISSIONER FRITZ: Okay. So it
14 sounds like you have some support out there.
16 PRESIDING COMMISSIONER FRITZ: The De 1 Norte
17 County I failed to put this on the record so I' 11 put
18 it on the record. The Del Norte County Sheriff's
19 Office. It was on May 6th, 2014. It says that,
20 ''They're working at the jail as a uniformed correctional
21 officer. At 800 hours a sergeant asked an Officer
22 Stevens and I to go through D tank and look for
23 contraband before it was reopened because she received
24 information there was a Sawzall blade in there on May
25 28th on -- 1 'w. sorry, on -~-pril 28t1'. they rec::eivP.d a note
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1 stating there was a blade in D tank and someone was
2 possibly attempting to escape. At that time we removed
3 everyone frorr1 D tank and closed it down. We each -- lve
4 had each inmate one at a time remove their belongings
5 from the bunk they were sleeping in. When inmate
6 XXXXXXX was brought into D tank he removed to his
7 belongings. He walked to the last bottom bunk on the
8 left side of the room furthest from the door and
9 gathered his belongings. Once all inmates were rehoused
10 we found a small cut on an interior window bar that
11 appeared to be from a Sawzall blade. .Zl,.nd then on May
12 6th we again received information where the blade could
13 possibly be at." And then they started looking around.
14 "We were told i:..o look in the tracks on the last bottom
15 bunk on the left side of the room. That was explained
16 to us as inmate XXXXXXX's bunk and also where he
17 gathered his belongings from the week before on April
18 28th, 2014. I took my handcuff key, slid it inside the
19 track and a blade fell out. The blade was three inches
20 long. And during that time D tank was closed down so no
21 other inmate was housed in D tank and i t was placed in
22 evidence." That's Officer Labazio (phonetic}. So you
23 were arrested on what date? Do you remember?
24 INMATE XXXXXX: 3/19/2014.
25 PRESIDING COMMISSIONER FRITZ: Okay. And so you
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1 were in Del Norte County Jail since March 19th until you
2 were returned to custody May 20th, I believe.
3 INMATE XXXXXX: I think so.
5 Okay. So let me go now fast-forward. I'm going through
6 the Risk Assessment which we've gone through some of it
7 already. They did -- the clinician did state that you
B qualify for Alcohol Use Disorder Mild in a Control~ed
9 Environment, Cannabis Use Disorder Moderate in a
10 Controlled Environment and Stimulant Use Disorder in a
11 Controlled Environment. Upon your release after the
12 grant did you use any drugs or alcohol while you were on
13 the outside?
14 INMATE XXXXXX: No, but I did have a
15 colonoscopy --
17 INMATE XXXXXX: -- on the 18th and they gave me I
18 think i t was Demerol or something.
19 PRESIDING COMMISSIONER FRITZ: Oh, okay.
20 INMATE XXXXXX: And so, you know.
21 PRESIDING COMMISSIONER FRITZ: Okay. But besides
22 that? That was prescribed. So anything non-prescribed?
23 INMATE XXXXXX: No drugs. No alcohol.
25 INMATE XXXXXX: In fact, my aunt got mad at me
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1 because I wouldn't even take a lottery ticket into a
2 liquor store for her.
5 PRESIDING COMMISSIONER FRITZ: All right. And do
6 you recall 1;1ere you under the influence of any drugs or
7 alcohol during the murder 1t1ay back in '88?
9 PRESIDING COMMISSIONER FRITZ: You were? Do you
10 remember what you were under the influence of then?
11 INMATE XXXXXX: Alcohol.
12 PRESIDING COMMISSIONER FRITZ: Alcohol? Okay.
13 All right. The clinician also diagnosed you with
14 Antisocial Personality Disorder. Do you recall how long
15 this interview was back in July 28th, 2016?
16 INMATE XXXXXX: Maybe an hour.
17 PRESIDING COMMISSIONER FRITZ; An hour?
18 INMATE XXXXXX; It wasn't very long.
19 PRESIDING COMMISSIONER FRITZ; Okay. Okay.
20 INMATE XXXXXX; We didn't have very much time to
21 even if we wanted to talk so I know it couldn't have
22 been very long because it was going to be count time by
23 the time she seen me so she had to like -- i t wasr.'t
24 very long.
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1 We'll get into any behavioral issues and then also soon
2 we'll get into your self-help since the time you've been
3 reincarcerated. Linder Historical Factors it states on
4 page 14 that your PCL-R score is above the mean of North
5 American male inmates but below the cutoff for
6 psychopathic personality. You did not discuss the life
7 crime or the -- or the burglary with the clinician. And
8 are you --
9 INMATE XXXXXX: Could I --
10 PRESIDING COMMISSIONER FRITZ: Are you seeing
11 counseling with your -- how often do you see your CCCMS
12 counselor?
13 INMATE XXXXXX: Not as often as I'd like to.
14 PRESIDING COMMISSIONER FRITZ: Okay. But how
15 often do you see your counselor?
16 INMATE XXXXXX: We're supposed to see them once a
17 mon~h and I haven't seen my counselor in about two
18 months now so I'm not sure what's going on.
19 PRESIDING COMMISSIONER FRITZ: I think it
20 depends. Sometimes you see them once a -- i t depends on
21 what level you are for CCC. Sometimes i t ' s once a month
22 and sometimes it's every 90 days.
23 INMATE XXXXXX: Well, see, there was a time 1..ihen
24 they had groups that I could go to and which I really
25 enjoyed, ar,d what has happPned is where 1 go and see my
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1 clinician --
2 PRESIDING COMMISSIONER FRITZ: Yes?
3 INMATE XXXXXX: -- they've been moving most of
4 the program that they have that I like over to A Yard
5 which is like right behind here because they have a lot
6 of EOP people that, you know, are trying to hurt
7 themselves and things. And so they've been putting more
8 focus -- actually I don't think they have enough
9 resources and so they're using the resources that they
10 have over there instead of actually being able to help
11 everybody as much as they used to that aren't in EOP.
13 INMATE XXXXXX: I'm CCCMS, so. I like talking to
14 the clinician.
16 INMATE XXXXXX: Ye ah.
17 PRESIDING COMMISSIONER FRITZ: But this clinician
18 says, "Of relevant concern is that the most recent
19 parole violation is almost identical to the same
20 behavioral pattern that you exhibited in the life crime
21 more than 25 years ago despite extensive history of
22 self-help, substance abuse treatment and other
23 programming while at CDCR. Further, the inmate's recent
24 parole revocation incident in conjunction with his prior
25 history of breaches on supervisory release and combined
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1 with the current refusal to discuss revocation incident,
2 bode (phonetic) parolee concerning his ability to
3 adequately recognize his character weaknesses, address
4 those deficiencies responsibly and actively and to
5 ultimately comply with your parole terms upon release.''
6 So you' re at a moderate risk for violence. I think
7 do you have any comments you want to make regarding this
8 Risk Assessment, sir?
9 ATTORNEY IYAYI: Commissioner, I think this is
10 the point where that comment that my client was trying
11 to make earlier
12 PRESIDING COMMISSIONER FRITZ: Oh, <Vhat page is
13 that on?
14 ATTORNEY IYAYI: about the doctor saying that
15 where's that statement about
16 INMATE XXXXXX: Oh. In 2001 there was a Psych
17 Report.
18 PRESIDING COMMISSIONER FRITZ: What page are you
19 looking on the Psych Report? That's what I need.
20 INMATE XXXXXX: There was 3, page 3.
21 PRESIDING COMMISSIONER FRITZ: Page 3.

.,
2L INMATE XXXXXX: There's some words that say ''sole
23 purpose'' taking the motorcycle.
24 PRESIDING COMMISSIONER FRITZ: Page 3. \J'Jhere on
25 page 3?
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1 INMATE XXXXXX: 2001.
2 ATTORNEY IYAYI: Are you talking about the
3 2001
4 PRESIDING COMMISSIONER FRITZ: Are you --
5 ATTORNEY IYAYI: -- Psych Report?
7 PRESIDING COMMISSIONER FRITZ: Oh, okay. All
8 right. I'm looking at the -- we're looking at the
9 recent Psych Report. We don't need
10 INMATE XXXXXX: Yeah. Well, the only reason I
11 brought it up is because when she talked about did I
12 want to make any statements about the past --
14 INMATE XXXXXX: -- I told her to look at my
15 statement that I wrote out and what I said at my 2013
17 INMATE XXXXXX: -- hearing. Right?
18 PRESIDING COMMISSIONER FRITZ: And we have that.
19 INMATE XXXXXX: In that she wrote something about
20 the "sole purpose."
21 PRESIDING COMMISSIONER FRITZ: Well, the thing
lS --
24 PRESIDING COMMISSIONER FRITZ: -- they go through
25 all the prior Psych Reports as a --
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1 INMATE XXXXXX: But i t
2 PRESIDING COMMISSIONER FRITZ: -- as i t has
3 historical things, so.
4 INMATE XXXXXX: It was like a quote from me
5 supposedly and if --
7 INMATE XXXXXX: -- you read it
8 PRESIDING COMMISSIONER FRITZ: But where is that
9 in the 2016? That's what I want. Not the 2001.
10 INMATE XXXXXX: I ' l l have to look.
12 INMATE XXXXXX: I'm not really sure. It's
13 probably right where you were saying that oh, yeah.
14 Here we go. I think i t ' s on page 17. Or 14
15 PRESIDING COMMISSIONER FRITZ: Page 14.
16 INMATE XXXXXX: It says that ''I want to clarify I
17 didn't kill the victim for the sole purpose of taking
18 the motorcycle." Right? And that makes i t sound like
19 in part that I would have done that or I did do that.
20 Right? And the whole reason why I made that
21 statement - -
22 PRESIDING COMMISSIONER FRITZ: Vi.There are you
23 looking at, sir?
24 ATTORNEY IYAYI: Under the Analysis of Clinical
25 Factors.
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1 PRESIDING COMMISSIONER FRITZ: Where i t says,
2 ''When asked to discuss the life crime'' you said, ''I
3 don't understand why we keep having to talk about the
4 life crime over and over again. That part has been
5 discussed extensively. Can you just lose the last
6 version referring to the 2013 CRA? You can also look at
7 the transcripts or ask me questions I guess. The
8 undersigned had a copy of the 2013 CRA which Mr. XXXXXX
9 reviewed and then stated, 'Yes. This is all the
10 historical and didn't change. I want to clarify I
11 didn't kill him for the' -- okay. So you're the one
12 that brought it up.
13 INMATE XXXXXX: Yeah. What I did --
14 PRESIDING COMMISSIONER FRITZ: The clinician
15 didn't.
16 INMATE XXXXXX: What I did --
18 INMATE XXXXXX: is I told her that my
19 statement that I made I made a statement on paper and
20 I ~sed this word ''sole purpose.'' Right? And also
21 during my hearing in 2013 they asked me when you made
22 this statement ''sole purpose'' did that mean in part that
23 you --
24 PRESIDING COMMISSIONER FRITZ: Oh.
25 INMATE XXXXXX: -- took ~he motorcycle?
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1 PRESIDING COMMISSIONER FRITZ: Okay. So you're
2 the one that brough~ it up to the clinician.
5 didn't bring i t up.
6 INMATE XXXXXX: And so all I'm saying is that the
7 reason why -- and I mentioned this at 2013 was because
8 it was mentioned in this Psych Report is the only reason
9 is why I used those words.
10 PRESIDING COMMISSIONER FRITZ: Well, you brought
11 it up, sir.
12 INMATE XXXXXX: I knov1.
14 didn't bring it up. You're the one that brought it up
15 yourself. You're the one that just made this issue.
16 Okay.
18 PRESIDING COMMISSIONER FRITZ: So the one thing
19 that I want to ask you, though, you've now been in
20 prison for a couple years and I'm looking at your
21 behavioral issues and you' re still having some problems
22 and I'm wondering why. I mean, you have -- now, they' re
23 not serious. It's out-of-bounds and misuse of a phone
24 or something Jike that but what is going on? Because
25 frankly you were in prj son for a long time. A ]ong
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1 time. Given a grant which most people -- most lifers
2 would lcve.
4 PRESIDING COMMISSIONER FRITZ: Revoked. Come
5 back in and then you' re misbeha\ring, I mean, for lack of
6 a better term. And I don 1 t understand that you have two
7 in 2016.
9 PRESIDING COMMISSIONER FRITZ: And the other
10 Commissioner will go through them but if you can't even
11 do the basics why should -- why should a Panel release
12 you when there's people who have perfect records in
13 prison that are trying to get out? I mean, I --
14 INMATE XXXXXX: Well, I'm trying to have a
15 perfect record.
17 INMATE XXXXXX: And I have for a long time.
18 PRESIDING COMMISSIONER FRITZ: Well, no.
19 INMATE XXXXXX: You kno•v.
20 PRESIDING COMMISSIONER FRITZ: No, you haven't.
21 INMATE XXXXXX: Do you want me to talk about
22 this?
23 PRESIDING COMMISSIONER FRITZ: I do. Well, I
24 want to know why you're in 2016 having these problems.
25 INMATE XXXXXX: So what would you like me to talk
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1 about? One or the other or both or?
2 PRESIDING COMMISSIONER FRITZ: Yeah. lfJhy don't
3 you start with the out-of-bounds.
4 INMATE XXXXXX: Okay. Okay. Out-of-bounds. I
5 went to a Tuesday night NA meeting, right, and right
6 next to the door holding the door open is a black chair.
7 Now there's four of them in the dayroom. In the past
8 the officers and '"e 've asked them can we use these
9 chairs inside the classroom which the door that is
10 holding -- the chair that is holding the door open is --
11 goes into the classroom. There's 12 chairs in there and
12 we have 15 people going to NA meeting that night. All
13 right? So I grabbed that chair and three other chairs,
14 which there's four, and I moved them into the classroom
15 and the officer took exception to that.
17 INMATE XXXXXX: I have some things right here if
18 you'd like to see them about that.
19 PRESIDING COMMISSIONER FRITZ: \'Jell, it looks
20 like -- I mean --
21 INMATE XXXXXX: (Inaudible.)
22 PRESIDING COMMISSIONER FRITZ: That's what it --
23 that's basically what I says. It says that on August
24 16th that you were out-of-bounds. That you removed --
25 IN?·1ATE XXXXXX: Y2uh.
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1 PRESIDING COMMISSIONER FRITZ: -- an officer's
2 chair tc the game room in using it for your personal
3 use. Ycu told him that you were out-of-bounds and you
4 shouldn 1 t be using an officer's chair. And then it -
5 chey locked at your card and you had already been
6 verbally counseled before about being out-of-bounds.
7 Back in v1hen? \"Jas this before?
8 INMATE XXXXXX: On 4/6/16 I was waiting for the
9 store. I was going to the store and I was called over
10 the loudspeaker to go -- I was next for the store. I
11 walked up to the window and CO Costello told me that can
12 I please wait back out on the grass so I went out on the
13 grass. He never told me he was writing anything on my
14 bad card. Months later when I moved that chair this
15 officer looked on my bad card, seen that Mr. Costello
16 had told me to move out of the way out onto the grass.
17 I have a thing here from Costello also because I wrote
18 him and asked him why he never told me and he just said
19 that he counseled me to move out of in front of the
20 si:.ore. There's also a receipt that I went to the store.
21 PRESIDING COMMISSIONER FRITZ: So he said he
22 counseled you and you said --
PRESIDING COMMISSIONER FRITZ: -- that he didn't.
25 Is t.ftat \·1hat you' re sayir-19?
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1 INMATE XXXXXX: No. What I'm saying is that he
2 never told me he was writing anything on my bad card
3 v1hen i t happened. Right? And I told him that the store
4 person had told me to come up to the window and what he
5 did was just tell me to move away from the window. He
6 never said I was in trouble.
7 PRESIDING COMMISSIONER FRITZ: Okay. Well, let
8 me have the paperwork if you want to give i t to us.
9 Okay. And then it looks like in February of 2016 you
10 an officer saw you using a phone and you weren't signed
11 up to use the phone, I guess.
12 INMATE XXXXXX: P,i ght.
13 PRESIDING COMMISSIONER FRITZ: And that you had
14 been previously counseled for that offense, too, so
15 they're giving you progressive discipline. You've been
16 counseled on these things and they don't write you up
17 for it.
19 PRESIDING COMMISSIONER FRITZ: Okay? Because
20 that's what they do. They give progressive discipline
21 and then you do it again and then they write you up.
INMATE XXXXXX: Can I respond to that one?
24 INMATE XXXXXX; All right. On 4/17/15 I went and
25 got on the -- on the phone as my assigned phone time. I
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1 put rr.y I :i in the window. Right? My ID was taken out of
2 the window by -- there's more than one ID up there but
3 my ID er,ded up missing. Nunez as seeing that my ID
4 wasn't in the window and she wrote on my bad card ''BC
5 phone misuse." That's what she put. She didn't tell me
6 she did :::hat. Want me to wait, or?
7 UNKNOWN MALE SPEAKER: She doesn 1 t have that
8 copy, XXXXXX.
9 INMATE XXXXXX: I'm going to give ~his to her
10 right now.
12 INMATE XXXXXX: So anyway, Ms. Nunez and I
13 have a thing from her basically saying that i t was my ID
14 card missing out of the window. Right? And later on
15 Taylor, >vhich was on 6/14 -- whatever day that was.
16 PRESIDING COMMISSIONER FRITZ: 2/22.
18 PRESIDING COMMISSIONER FRITZ: February 22nd.
19 INMATE XXXXXX: Okay. So on that day I came in
20 from the yard and somebody that I'd facilitated a group
21 asked me to say hello to his mother and I used the phone
22 to say hi and I wasn't supposed to be on the phone.
23 That's my fault. But the thing about it is is i t ' s not
24 the same thing. And I tried to 602 this and they're not
25 having i::hut. RigI'.t? And they say that it's just the
l\'orrhern C'a/ifor11ia Courr J?.eJJorrers

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1 phone word that makes it the same offense. And so
2 here's this thing here. I ' l l look at it. She says
3 basicclly --
4 PRESIDING COMMISSIONER FRITZ: So all right.
5 Thank you. All right. Do you have any questions?
6 DEPUTY COMMISSIONER ALLEN; No, thank you.
8 INMATE XXXXXX: Because I tried to tell them, you
9 know, using the word "same" makes i t sound like I'm
10 doing tbe same thing over and over again and, believe
11 me, I've learned from this experience, right, and I
12 definitely ain't getting on the phone no more when it
13 ain't my phone time. I'm definitely observing all the
14 yellow lines which I had to cross like four of them to
15 get here. And i t ' s strange but that's what happened,
16 you know.
17 PRESIDING COMMISSIONER FRITZ: So I guess in your
18 602 for the out-of-bounds you said there should be out-
19 of-bounds signs posted telling us not to take chairs.
20 Really?
21 INMATE XXXXXX: Well, the chair wasn't -- there's
22 no line there. He said it was in the out-of-bounds
23 area.
24 PRESIDING COMMISSIONER FRITZ: How long have you
25 been in prison? Come on. I mean, really? I mean, this
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l is --
3 PRESIDING COMMISSIONER FRITZ: I mean, you know
4 this stuff.
5 INMATE XXXXXX: Did you read those things saying
6 that
7 PRESIDING COMMISSIONER FRITZ: I haven't received
8 them (inaudible)
9 INMATE XXXXXX: they were going to -- yeah.
10 There's some things there from an officer. From our
11 sponsor which is a free staff, that said that we i.-1 ere
12 allowed to do those things.
13 PRESIDING COMMISSIONER FRITZ: Free staff?
14 INMATE XXXXXX: Yeah, free staff.
15 PRESIDING COMMISSIONER FRITZ: Okay, that's --
16 INMATE XXXXXX: But, I mean, they're the ones
17 that let us do these things.
18 PRESIDING COMMISSIONER FRITZ: Yeah, well,
19 apparently they're not supposed Lo. They're free staff.
20 It's not their place to do that.
21 INMATE XXXXXX: There's an officer also.
PRESIDING COMMISSIONER FRITZ: Actually the
23 officers are the ones that run the -- run the
24 facilities. Right?
25 INMATE XXXXXX: llh-huh.
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1 PRESIDING COMMISSIONER FRITZ: You're supposed to
2 do what the officers tell you to do.
3 INMATE XXXXXX: Right. And that's what I'm
4 saying. There's a thing with the officers saying that
5 yeah, you' re -- I asked him in the past you've been
6 letting us do this. He works with the same guy on the
7 same night. One said yeah. The other one said what are
8 you doing?
9 PRESIDING COMMISSIONER FRITZ: So what do you do?
10 I inean, so you' re in -- you' re outside of prison and
11 you' re working for people and you have a boss. And one
12 boss lets you do something and then on a different shift
13 another boss doesn't let you do something. So then do
14 you keep on doing i t with that boss or do you --
15 INMATE XXXXXX: No. I haven't been doing it.
16 PRESIDING COMMISSIONER FRITZ: -- conform to the
17 authority? Right?
18 INMATE XXXXXX: Right.
19 PRESIDING COMMISSIONER FRITZ: That's what you're
20 supposed to do.
21 INMATE XXXXXX: That's what I'm doing.
22 PRESIDING COMMISSIONER FRITZ: That's what we all
23 ha1,re to do to get along in life. Right?
25 PRESIDING COMMISSIONER FRITZ: I mean, we don't
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1 like it but you do what you're bosses tell you to do
2 because that's prosocial thinking. That's prosocial and
3 that's how you're able to manage in life.
4 INMATE XXXXXX: Right. And since I found out
5 that they made an issue out of this I haven't been using
6 those chairs or going and getting those chairs or doing
7 anything like that.
8 PRESIDING COMMISSIONER FRITZ: Well, that's good.
10 PRESIDING COMMISSIONER FRITZ: That's good to
11 hear. Do you have any questions?
12 DEPUTY COMMISSIONER ALLEN: No, Idon 1

t.
14 So I guess I kind of took some of your --
15 DEPUTY COMMISSIONER ALLEN: That's fine.
16 PRESIDING COMMISSIONER FRITZ: You probably want
17 to go through all the programming.
18 DEPUTY COMMISSIONER ALLEN: Okay. Thank you.
19 Sir, your la::Jt hearing was November 3rd of 2015. You
20 got a one-year denial at that time. You v1ere told to
21 stay discipJ.jnary-free, earn positive chronos, get self-
22 help, learn a trade and get therapy. And you have done
23 a lot of programming. You've been in the transitions
24 program. You completed a substance abuse treatment
25 program. The SHARP program which is Self-Image
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1 Alignment Group. You've been in Criminal Thinking,
2 Peace Education Program, Alcoholics Anonymous, Hands-on
3 Banking. Was that -- did they tell you how to maintain
4 a bank account and stuff like that? Get a loan?
5 INMATE XXXXXX: Yeah. A person from Wells Fargo
6 bank came in and took us through a workshop about
7 banking, yeah.
8 DEPUTY COMMISSIONER ALLEN: You've been taking
9 courses from Merced College.
11 DEPUTY COMMISSIONER ALLEN: You're commended for
12 being a model inmate. You're attending ceremonies at
13 the sweat -- the sweat ceremonies.
14 INMATE XXXXXX: Can I say something? The model
15 inmate was actually when I was in the SAP program in
16 Criminal Thinking I think it was. Or actually the SAP
17 program. And that's like a 150 people that are working
18 a pretty rigorous program and I was considered a role
19 model and which was pretty -- I didn't expect that and
20 it just happened, yeah. Yeah, that was pretty good.
21 DEPUTY COMMISSIONER ALLEN: Also you've got
22 Peacemaker mentor.
24 DEPUTY COMMISSIONER ALLEN: And the Peace
25 Education program, that was a ten-week program you were
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1 in. Voluntary college and also Coastline Community
2 Co.":.lege. Taking courses from Coastline Community?
4 DEPUTY COMMISSIONER ALLEN: You're working on an
5 A. A.? Is that correct?
7 DEPUTY COMMISSIONER ALLEN: You got also
8 participated in Narcotics Anonymous, Alcoholics
9 Anonymous, Insights and the Process of being Accountable
10 and that's with the SHARP program. You're a rising
11 Peacemaker trainer. You're going to become a trainer?
12 Is that what that's for?
13 INMATE XXXXXX: Yeah, I am a trainer.
14 DEPUTY COMMISSIONER ALLEN: Okay.
15 INMATE XXXXXX: Can I say something about that?
16 Right. I'm in a program that 1 s called Prison of Peace
17 and there's a couple of attorneys and one of them is
18 actually a professor out at a college and he does
19 criminal la,.;, teaching people criminal la"'· And what
20 happened is they were called originally because the
21 women were having problems here and they came. And when
22 I found out about it I cal:ed them up and asked them if
23 they can -- or I got ahold of them through the mail and
24 asked them if they could come over and teach us about
25 ii· We~l, when they came over ~hey did a Peacemaker
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1 workshop. All right? And then I did that workshop and
2 then I became a mentor of that workshop and then I
3 became a trainer of the Peacemaker workshop. Then I
4 took a course through them to become a mentor and I took
5 that workshop and T am now a mentor trainer where I'm
6 training people. Coming up on the 4th and the 5th I
7 think it is. It's this month coming up there's going to
8 be a workshop and all the guys that I've talked to in
9 the Prison of Peacemaking workshop are going to try to
10 become mentors and I'm going to train them. And so
11 that's what that's all about really.
13 INMATE XXXXXX: That's how i t ' s working.
14 DEPUTY COMMISSIONER ALLEN: And for the
15 violations you've already discussed the two counseling
16 violations. Your one 115 was in 2004 for battery on an
17 inmate. You've had none since then.
18 INMATE XXXXXX: Right.
19 DEPUTY COMMISSIONER ALLEN: You had prior -- your
20 life term began March 6th of 1992 and prior to that you
21 had a fight with -- ! guess their name was Salce
22 (phonetic)?
23 INMATE XXXXXX: Yeah, that was another --
24 DEPUTY COMMISSIONER ALLEN: Back in 1986. And
25 you got an out-of-bounds in 1985.
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l INMATE XXXXXX: That was on a prior prison term.
2 DEPUTY COMMISSIONER ALLEN: Yeah. Also you've
3 participated in the Victim's Impact program.
5 DEPUTY COMMISSIONER ALLEN: Listen and Learn.
7 DEPUTY COMMISSIONER ALLEN: And I notice there's
8 a reference to you having a cellphone in 2006 but I
9 didn't I couldn't find it anywhere.
10 INMATE XXXXXX: No. No.
11 ATTORNEY IYAYI: That was the -- that was he used
12 the phone without permission. The same one that was
13 just discussed, I believe, in February.
14 DEPUTY COMMISSIONER ALLEN: This is from --
16 DEPUTY COMMISSIONER ALLEN: -- 2006.
17 INMATE XXXXXX: That was something --
18 ATTORNEY IYAYI: 2006?
19 INMATE XXXXXX: that had nothing to do with
20 me, yeah.
21 DEPUTY COMMISSIONER ALLEN: It was cited but I
22 couldn't find it anywhere.
24 DEPUTY COMMISSIONER ALLEN: So you never -- yeah.

oc
LJ INMATE XXXXXX: And it was brought 11p at 0thPr
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1 hearings and
2 DEPUTY COMMISSIONER ALLEN: Yeah.
3 INMATE XXXXXX: -- they determined that it
4 never
5 DEPUTY COMMISSIONER ALLEN: It 1 s in the prior --
6 the 2013 Psych Report.
8 DEPUTY COMMISSIONER ALLEN: And i t ' s repeated but
9 I didn't see it anywhere. Okay. And let's see, we got
10 -- your intentions when you get out. Do .'/OU have a
11 particular county you want to go to or a particular
12 residence?
13 INMATE XXXXXX: Yeah. I'd like to go to the
14 actually Center Point and the STOP programs in the State
15 of Calii:ornia.
17 INMATE XXXXXX: Or funding residential treatment
18 programs for lifers coming out of state prison. And
19 I've already been accepted in the House of Acts.
20 DEPUTY COMMISSIONER ALLEN: Where's that?
21 INMATE XXXXXX: The House of Acts. It's in
22 Vallejo.
23 DEPUTY COMMISSIONER ALLEN: House of --
24 INMATE XXXXXX: I have some stuff from --
DEPUTY COMMISSIONER ALLEN: Is that House of
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1 what? Facts?
2 INMATE XXXXXX: Acts. Acts.
3 ATTORNEY IYAYI: Arts
4 DEPUTY COMMISSIONER ALLEN: Hearts?
5 INMATE XXXXXX: Acts.
6 ATTORNEY IYAYI: Arts, A-R-T-S.
7 DEPUTY COMMISSIONER ALLEN: Oh, Arts.
8 ATTORNEY IYAYI: Yeah.
9 DEPUTY COMMISSIONER ALLEN: Okay. House of Arts.
10 Okay. And where's that?
11 ATTORNEY IYAYI: Vallejo.
12 DEPUTY COMMISSIONER ALLEN: Vallejo?
14 DEPUTY COMMISSIONER ALLEN: And do you know --
15 you said you had already been accepted there?
16 INMATE XXXXXX: Yeah. It's 844 5th Street,
17 Vallejo, Solano County. It's actually -- do you want to
18 see it right here? It's been granted. There's also a
19 letter from the STOP program saying the same stuff. To
20 let them know because i t ' s a tentative date until I'm
21 found suitable that they'll fit -- you know, they won't
22 like hold me a bed right now until I'm paroled but that
23 they will accept me. To let them know during that 150
24 day-period or whatever.
25 DEPUTY COMMISSIONER ALLEN: And do you know how
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long you wou!d stay there? Any particular --
2 INMATE XXXXXX: I wrote them and I asked Lhem
3 about what I could have there and what their program is
4 about. And for me I would want to stay there at least
5 six months if not longer. There you go. I think that
6 might talk about it, too. And then I'd like to be with
7 my wife after that. She owns a home in Santa Clara
8 County. It's bought and paid for. She's retired.
9 That's what I'd like to do as far as my parole plan.
10 DEPUTY COMMISSIONER ALLEN: And for income if
11 can you tell us what you would like to do for work?
12 INMATE XXXXXX: I'd actually like to get a job
13 while I'm going to House of Acts because that's tvhat
14 they do. They help you get on your feet and get things
15 organized before you're actually like in the community.
16 Thai:' s why I v1ant to go there. And also I would like to
17 try to go to school again and further my education. But
18 I would like to also have my -- get a grant from my
19 tribe and take truck driving school and try to become a
20 heavy-duty machinery operator or a truck driver because
21 there's a lot of jobs in Santa Clara County for those
22 Lhings. I actual:y did some research on that and got a
23 bunch of things from a kiage (phonetic). That's a
24 computer over in the SAP building. And I brought some
25 of those tt.ings like different resources like -- do you
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1 want to see some of them?
2 DEPUTY COMMISSIONER ALLEN: So you could get some
3 money from your tribe to be - - thank you
4 INMATE XXXXXX; Oh, yeah.
5 DEPUTY COMMISSIONER ALLEN: a truck driver?
6 INMATE XXXXXX: Yeah. They 1 ll give me a grant.
7 DEPUTY COMMISSIONER ALLEN: Or a heavy-equipment
8 operator, huh?
10 DEPUTY COMMISSIONER ALLEN: Is there anything
11 else you could do? Like you
12 INMATE XXXXXX: Yeah. I could be a welder. I
13 could be an auto mechanic.
15 INMATE XXXXXX: I can be an electrician. I'm an
16 electrician right now and here's (inaudible) paid.
17 DEPUTY COMMISSIONER ALLEN: Oh, okay. Yeah.
18 INMATE XXXXXX: I have a lot of skills. I've
19 done vocational auto. I completed that. I did
20 vocational machine shop.
21 DEPUTY COMMISSIONER ALLEN; I saw you did small
22 engine.
23 INMATE XXXXXX: I did small engines. I did
24 vocational welding. I did a four thousand dollar
25 appren~iceship through the ironworker's union. The
/\
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orthern California Court Re;Jorter.~
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1 ironworker's union would hire me but I 1

m kind of -- if I
2 was in a shop, a small shop '-''here I was building things
3 that would be good, fabricating. But as in my age, you
4 know, and the 1tJay that it kind of effeci:.s your breathing
5 and stuff from the fumes of welding I don't really think
6 that -- you know, I'd rather do something else, you
7 kno\'1, if I could.
8 DEPUTY COMMISSIONER ALLEN: Okay. For your own
9 health.
10 INMATE XXXXXX: But it would be good pay. 1 did
11 four years in vocational electronics and I completed
12 fiber optics and copper cabling and so that's what I'm
13 doing now is electrical work. I'm learning about
14 industrial and like residential wiring and stuff like
15 that like putting the conduits up.
16 DEPUTY COMMISSIONER ALLEN: And you can do that,
17 t 00?
18 INMATE XXXXXX: Yeah. Like if you came through
19 R&R or went over to \risitir:.g I just put in the x-ray
20 machines and things like that, electrical, and I
21 DEPUTY COMMISSIONER ALLEN: How far do you intend
22 when you -- when you leave transitional housing do you
23 intend to continue with Alcoholics Anonymous and
24 Narcotics Anonymous or anything else?
25 I!l:t·1ATE XXXXXX; Yeah. Yeah.
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1 DEPUTY COMMISSIONER ALLEN: Yeah. Which ones
2 are --
3 INMATE XXXXXX: Both.
4 DEPUTY COMMISSIONER ALLEN: Both?
5 INMATE XXXXXX: Yeah. I like both of them.
6 They're basically ~he same except for they change one
7 word. You know, narcotics and one's alcoholic, or
8 alcohol. The steps are the same. I like them both. I
9 think that i t ' s more like a resource thing for me where
10 also it keeps me grounded that I'm involved in positive
11 things. That's why I go to the meetings that I go to
12 all the time, so many of them. But now that I've
13 learned so much about recovery I've found that I 1 m able
14 to be of service to other people. And so I i.-.•ill
15 probably find myself doing some things like that in the
16 community, you know, of some kind. I don't know.
17 Whether it be in some spiri~ual capacity or like a
18 spiritual group.
19 DEPUTY COMMISSIONER ALLEN: And you --
20 INMATE XXXXXX: Or NA or AA.
21 DEPUTY COMMISSIONER ALLEN: And you said you're
22 working on your A.A. with your college?
23 INMATE XXXXXX: Well, I haven't sat down or
24 talked to -- and I should write them but I haven't, a
25 counselor from the college because we have to do it
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1 t~rough correspondence. And what I'm doing is I'm just
2 taking courses and they have like a book that has -- if
3 you want to get an A.A. degree take these prerequisite
4 classes. And I'm taking all the prerequisite stuff
5 right. now. And like I haven't figured out if i t ' s going
6 to be like arts and literature, social studies or, you
7 know. If I did something it would probably have
8 something to do with social studies or drug prevention,
9 you knov.', like as a counselor or something because I
10 have a lot of history in that. I tried to take the OMCP
11 program that they have here. I put in an application
12 but I haven't heard anything back yet. You know, things
13 like that interest me.
14 DEPUTY COMMISSIONER ALLEN: Okay. Good. And so
15 you do have a lot of talents. Is there anything else
16 you' re doing for programming that you want to tell us
17 about?
18 INMATE XXXXXX: Well, I have if you'd like to
19 see my portfolio you can look at it and it has like
20 which days I went to the parole board and like you can
21 figure it out. It's chronological, what exactly I've
22 done. One thing that's not going to be on here and I
23 just started i t ti-10 weeks ago is I'm going to learn a
24 new language i-1hich is Braille.
25 DEPUTY COMMISSIONER ALLEN; Oh, yolJ' re going --
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1 INMATE XXXXXX: And :ast night I went to my
2 second class. And here's the ducats for the class and
3 here's the thing that shows you what the words are and
4 how to do some punctuation. This is literal. They also
5 have math and science and different languages. You v1ant
6 i:o look at the portfolio thing, or? Here, these can go
7 back. N~w, I haven't told them for sure if I'm going to
8 do all 19 sessions because right now I'm in what's
9 called the boot camp and I'm taking four lessons and
10 last night was my second one. And i t ' s something ~hat I
11 really want to do and the reason why is because it helps
12 blind people for one thing. Another thing is not very
13 many people know how to do it and the scary part about
14 it is it's a ne1>1 language, you know, Braille, right?
15 And i t ' s hard. It's very hard. And I'm not sure that
16 my English skills will let me do it, you know, because
17 of the lot of punctuation and stuff that you have to use
18 and it has to be perfect. And so I'm kind of on the
19 fence yet. I want to do it but I'm not sure if I can do
20 it, you knov1 1 so I'm just going to the classes right
21 DO\o.'.
22 DEPUTY COMMISSIONER ALLEN: And you just started
23 the classes, huh?
24 INMATE XXXXXX: Yeah. I just started them two
25 weeks ago. First I had to put in an application and
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66
1 then I went and I got an interview and they liked me so
2 they told me I'd go to boot camp. And they said that
3 out of 30-40 people last semester or v1hatever, only 15
4 made it through the whole thing, right, so that's a lot
5 of people getting the boot. Right?
6 DEPUTY COMMISSIONER ALLEN: About 50 percent,
7 huh?
8 INMATE XXXXXX: Yeah. That's like higher than
9 that.
10 DEPUTY COMMISSIONER ALLEN: Okay. l)Jell, thank
11 you very much.
12 INMATE XXXXXX: Yeah. Thank you.
13 DEPUTY COMMISSIONER ALLEN: And I ' l l turn it back
14 to the Chair.
15 INMATE XXXXXX: So there's -- oh, there's
16 probably some other groups and stuff on that. There's
17 an education part. There's an NA and AA part in my
18 portfolio. There's a laudatory chrono part. There's a
19 group activity part and it shows like all the groups
20 that I'm involved in. And now I'm going to like seven
21 different groups a week.
23 INMATE XXXXXX: So, okay. Thank you.
24 PRESIDING COMMISSIONER FRITZ: Thank you. Any
25 questions from the District Attorney's Offi~P?
J.lorthern C'alifornia Cou1·1 Rc1Jorlers

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1 DEPUTY DISTRICT ATTORNEY WEST: No, thank you.
2 PRESIDING COMMISSIONER FRITZ: Any questions for
3 your client?
4 ATTORNEY IYAYI: No, Commissioner.
5 PRESIDING COMMISSIONER FRITZ: Closing statement
6 from the District Attorney's Office.
7 DEPUTY DISTRICT ATTORNEY WEST: Thank you,
8 Commissioner. The People are strongly opposed to a
9 grant of parole to Mr. XXXXXX, and in listening
10 carefully to the testimony from Mr. XXXXXX today i t ' s
11 apparent that he does not comprehend the issues that are
12 facing this Panel. This Panel has to determine if he's
13 a current risk. He doesn't want to talk about a life
14 crime in which he murdered a 28-year-old young man.
15 Shot him fi·ve times. Three of them execution style,
16 point-blank range. Stripped him of his jacket, his
17 vest, his wallet and denied any culpability on --
18 certain:y Mr. XXXXXX is well aware of appealing
19 procedures because whether it was his underlying crime
20 or any conduct in prison he spends a huge amount of time
21 appealing and, in fact, that is in the documents
22 djscussing you're repeatedly submitting, you knoi,..1 1
23 documentation and appeals after i t ' s been decided. So
24 the only real issues before this Panel today are --
25 we:l, one issue is he currently dangProus? But in order
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68
1 to assess that it has to be through the lens of the life
2 crime and then through the parole violation which he
3 doesn't \-:ant to talk about. And I think that ~he
4 evaluator in 2016 summarized i t on August 24th.
5 "Mr. XXXXXX's recent parole violation is almost
6 identical to the behavior pattern he existed -- he
7 exhibited in the life crime 25 years ago despite an
8 extensive history of self-help, substance abuse and
9 other programming." So going to -- and he can go to all
10 the programs he wants. I mean, the list there is quite
11 extensive. But what we see today is his antisocial
12 personality disorder. He doesn't want to talk about the
13 life crime because that's over and done with. lfle 11,
14 certainly, what is over and done with is that victim's
15 life. It's not over for the family. The family has
16 remained involved. This was just too painful for them
17 to come today. But if you're going to -- if the issue
18 is murder then there never comes a time where i t ' s not
19 relevant anymore because you don't want to talk about
20 it. In i: he violation "'hat he told us today is when he
21 was out and up in Crescent City he went on ad nauseam
22 with he was a saintly man. He was helping everybody.
23 He was helping the elderly. He 'tJa s putting food boxes
24 together. He was going to the Vet's hall. He's working
25 tv..'o jobs. He's gojng to s~hool. !;-Jell, and at the same
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69
1 time he is burglarizing his cousin's house. And he
2 wants to help people. He was helping his cousin. Well,
3 his cousin really didn't think so. He was doing it on a
4 motorcycle with latex gloves and a mask. That is a lot
5 of criminal thinking. That is a lot of planning. It is
6 calculated. It is directed at a member of his own
7 family and his family cooperated with law enforcement
8 before to locate Mr. XXXXXX and to turn him in. As to
9 the Sawzall, Mr. XXXXXX has escaped both from Mendocino
10 County custody and from Santa Clara County custody so he
11 has a pattern of escaping. Although he was adjudicated
12 by Del Norte County, most unfortunately they decided not
13 to criminally prosecute him on all these charges. That
14 they felt for whatever reason that a return to CDCR is
15 sufficient. But until he owns his criminal conduct
16 there is an absolute separation between what he is
17 \.JOrking so diligently at, all of these behaviors, and
18 what he does out in the community which is an immediate
19 return to his criminal behavior. I'm reviewing his
20 entire criminal conduct. It is a crime spree from the
21 time he's an early adolescent until he comes to prison.
22 In fact, the only place that he performs well at all is
23 in prison. He does have this year two 128s. Clearly he
24 knew how to stay out of that kind of conduct for an
25 extensive period before he was paroled but this --
A'orthr:rn C'alZfornia Court Rr:porlr:rs

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1 there's no remorse today for murdering a young man.
2 There's no remorse. This is an adjudication. That i t
3 was a bu.::-glary. That he was out there on a motorcycle.
4 And I s t i l l -- you know, there's this question -- I
5 understand he has a cane and there's discussion in
6 basically of a level of malingering and saying that he
7 can't get around at all and then they have video tapes
8 of him in all of these activities. And being on a
9 motorcycle does require a level of physicality that is
10 not required by a vehicle so -- by a truck. So we have
11 him out there doing eerily exactly the kind of conduct
12 with a :'.:irearm. I mean, the danger couldn't be more
13 present and until Mr. xxxxxx wants to talk about that
14 and own his conduct and why he decided to engage in
15 further criminality I think we're pretty much frozen in
16 time. That clearly he's a risk and i t ' s only Mr. xxxxxx
17 that can move us forward 1 as tl1e evaluator says, by
18 being willing to discuss his insight. He's refused to
19 discuss his current perspectives and insights regarding
20 either ~he revocation incident or the life crime. So
21 she -- it robs the clinician of the information that she
22 would need to have other than a finding that he is a
23 moderate risk. He's not a low risk. He's a moderate
24 risk. Mr. XXXXXX went on at length if released to the
25 communi~y -- and I would rertainly hope for the victim's

71
1 family he does not end up back in Santa Clara County but
2 I understand the limitations of this Panel -- that he
3 could be an electrician. He could be a welder. He
4 could do auto. He could do things in relation to
5 machine shop. But when he was out within six months
6 what he chose to do was reengage in theft which he has
7 an extremely extensive history of theft. That's what he
8 returns to. Theft. The use of firearms. And engaging
9 in a burglary where latex gloves and a ski mask are
10 involved. So that's what he he didn't decide to be a
11 welder or electrician. What he decided to do was go
12 back into the community and resume the life of a career
13 criminal. Submitted.
14 PRESIDING COMMISSIONER FRITZ: Thank you.
15 Closing statement?
16 ATTORNEY IYAYI: Thank you, Commissioner. We
17 believe, Commissioners, that Mr. XXXXXX is not an
18 unreasonable risk. He does not pose an unreasonable
19 risk of danger to society and we advocate that position,
20 Commissioners, based on the objective record that the
21 Panel has betore it. And i t ' s based on his body of work
22 which is before the Panel today. Mr. XXXXXX has people
23 in the society ,.,ho support him. His daughters, his two
24 sisters, his v..'ife, uncles, members of the Yurok tribe,
25 and lots of other prosocial indjviduals in society. You
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72
1 know, people from the sv1eat lodge. And ii:'s evident
2 from i:he time that -- the short period of time that he
3 spent in the community he had the support of people out
4 there. There's individuals that's still there. They
5 will support him when he's released and we believe that
6 that is something that points to an ability to be
7 successful on parole if he's again released. We also
8 believe that Mr. XXXXXX -- his age now, you know, points
9 to, you know, the very, you knoi,..1, probability that he's
10 not going to reoffend. He was 25 years old at the time
11 of the life crime. He's 54. I think maybe even 55 at
12 i:his point. He 1 s got some physical challenges also. He
13 walked in here today with a cane and we believe,
14 Commissioners, that, you know, v.1ith the advancement in
lS age he's a reduced probability of reoffending. We also
16 believe that even though his disciplinary record has not
17 been perfect as is evident in the 128As tha~ was
18 discussed here today, 1:1e believe that Mr. XXXXXX has
19 been largely compliant with the rules and regulations of
20 prison. You know, his last 115 was in 2004 and we
21 believe ::hat he takes a considered, you know,
22 determination to abide by the rules and regulations of
23 prison to, you know, stay free of rules violations for
24 that period of time. Much has been said about
25 Mr. XXXXXX's vocational, you know, improvements today
,\
1
orthern California Court RejJOrlers
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1 that was put on the records. Small engine. Auto
2 repair. You know, i...•elding, vocational electrical. And
3 I think you mentioned this but I saw somewhere in the
4 record he has a certificate from Serve Safe as a food
S handler. You know, those are things that we believe
6 Mr. XXXXXX is going to be able to rely on to, you know,
7 seek out gainful employment in society, you know, and
8 reassure this Panel that he's not going to engage in
9 criminality in order to sustain himself. He has also
10 engaged in, you know, again as, you know, put on the
11 record by Deputy Commissioner and Mr. XXXXXX himself,
12 numerous self-help, you knolv, programs. You know, in
13 the SAP program, for instance, he earned a chrono for
14 being a model citizen. He's taking Criminal Thinking,
15 Self-Awareness. The SAP (phonetic), t17hite Bison,
16 Prisoners of Peace, and i;.rhere he's risen now to, you
17 know, the position of a mentor and a trainer in the
18 Peacemaker program. He understands victim impact. All
19 of these things we believe, Commissioners, have given
20 Mr. XXXXXX the knowledge, the skills to manage all of
21 those things that, you know, obviously could represent
22 challenges to him when he's back in society. \rile believe
23 that these are challenges that he's ready, you know, and
24 equipped to manage. We also believe that he has very
25 feasible parole plans. The Panel has before i t an
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1 acceptance letter to several transitional housing.
2 There's also a letter from DAPO pledging assistance in
3 helping, you know, find and see to i t Mr. XXXXXX' s in a
4 transitional housing if need be. He's identified, you
5 know, the types of jobs, you knov1, and educational
6 upgrades that he would like to engage in when released
7 on parole. And we believe that those are prosocial
8 activities that are going to occupy his time and, you
9 know, help him essentially stay out of trouble. And it
10 is true that the Comprehensive Risk Asse.ssment, you
11 know, came in in the final analysis as a moderate risk
12 to reoffend and we understand that with Mr. XXXXXX's
13 refusal to talk about the life crime that that presented
14 certain challenges to the psych doctor in reaching that
15 conclusion. But we believe, Commissioners, that
16 Mr. XXXXXX ~~ there is nothing in him currently, you
17 knov-1, that displays any nexus to him being currently
18 dangerous. And for all of these reasons, Commissioners,
19 we would say ~hat he's eligible for parole. Thank you.
20 PRESIDING COMMISSIONER FRITZ: Thank you.
21 CJosing statement, sir?
22 DEPUTY COMMISSIONER ALLEN: First, Mr. XXXXXX,
23 could you tell us about this? What you passed forward
24 about, I guess you found a weapon or something.
INMATE XXXXXX: Yeah. I forget the date. It's
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1 on there. And it was like three or four days before I
2 got that write-up for moving that chair by the way. I
3 found a weapon on the yard and I'm pretty good -- like
4 close to my -- I like my counselor and she likes me and
5 I move her plants in and out of her office and water
6 them for her and so I have a relationship with her. And
7 I was really kind of in the situation where when I seen
8 it laying there on the ground out on the soccer field
9 which is right in front of our building I thought to
10 myself it belongs to somebody and I looked around and I
11 was scared to even touch but I wanted to tell somebody
12 about i t but I was scared for my safety. So I went and
13 I told my counselor and my counselor went out to look
14 for it and didn't see it right off so I had to walk out
15 there. And she got it and brought it back in and
16 disposed of it in what's called the hot trash, you know.
17 I guess i t ' s where they put weapons or contraband or
18 whatever. And so and then later on I wrote her and
19 asked her -- or actually that I found out that my
20 Aunt Marcie Bower died I told you about and she let me
21 call my house and said that --
22 PRESIDING COMMISSIONER FRITZ: Okay. Well, I
23 think we got
24 INMATE XXXXXX: -- but because of that --
?5 PRESIDING COMMISSIONER FRITZ: 1-vhat 's going on
1
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1 here.
2 INMATE XXXXXX: Ye ah.
3 PRESIDING COMMISSIONER FRITZ: Do you have a
4 closing statement, sir?
5 INMATE XXXXXX: Sure.
7 INMATE XXXXXX: I do. I just want to say that I
8 do have remorse and empathy for the things that I've
9 done wrong in the past, especially for the fact that
10 I've taken the life of somebody else and I've destroyed
11 a family and the relationships that he could have and
12 did have at the time when my life offense happened. I
13 actually went out of my way to try to move in a
14 different area away from my true place of residence
15 thinking that somehow it would be better for that family
16 if I didn't -- wasn't a reminder and I wasn't close to
17 where they lived. When they originally gave me a parole
18 date I cried because I knew that those people -- how bad
19 that would hurt them by hearing t.hat, you know. Tb.at
20 was the first thought that came to my mind. And I'm not
21 proud of the things that I've done and I 1,1 ould never ask
22 them to forgive me. I just want to acknowledge even
23 though they're not here today that I did that to them
24 and that J hurt them and that I'm sorry and I've been
25 doi~g everything I can to become a better person and not

77
1 make the same mistakes tha~ I've made in the past. I've
2 actually scored low in like criminal thinking and I
3 actually v1ent and asked Ms. Motka (phonetic) if I could
4 be in that class so that I could learn more about how to
5 get out of the cycle of criminal behavior. I took that
6 class. I took transitions and I didn't have to take
7 that class and a bunch other programs. Although i t does
8 help me become a better person it's important for me at
9 this point to do everything I can to just be at peace
10 and live my life to the fullest and be all that I can
11 be. It's hard to do that because I have a lot of shame
12 and guilt. And if I have a weakness i t probably would
13 be t.hat sometimes I get self-centered, you know. And
14 I've tried everything I can to go to these groups and
15 become a better person and that's where I am today. I 1m
16 just trying to be the best that I can be and I 1

m
17 imperfect but I ' l l never be perfect and I 1

m sorry that
18 the DA right here had to come here today and that all of
19 you have to even listen to these things. Many people
20 have told me that I you know, because I'm not maY"ing a
21 statemen;:. that I ' l l probably not get out today and so I
22 make these comments, you know, and tell you that I'm
23 sorry. I have true remorse. I do feel bad about it. I
24 think last time I didn't make a statement at all. And I
2S just l·!ant to say I'm sorry :.hat you people have to
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1 listen to this and go through this with me and that 1

s
2 about it.
3 PRESIDING COMMISSIONER FRITZ: Thank you, sir.
4 The time is 10:20.
5 INMATE XXXXXX: All right.
6 PRESIDING COMMISSIONER FRITZ: lrJe'llgo
7 off the record and we'll go into delibera~ions.
8 R E c E s s
9 --000--
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1 CALIFORNIA BOARD OF PAROLE HEARINGS
2 D E C I S I 0 N
3 PRESIDING COMMISSIONER FRITZ; Okay. I'm ready.
4 DEPUTY COMMISSIONER ALLEN: Ready?
7 PRESIDING COMMISSIONER FRITZ: Okay. We're on
8 the record. The time is 10:33 a.m. All parties that
9 were present prior to the recess are prior to the recess
10 are present now for the decision on XXXXXX. It's X-X-X-
11 X-X-X, CDC Number C-XXXXX. This is for the
12 reconsideration hearing. The Panel reviewed all
13 information received from the public and all relevant
14 information that was before us today in finding that
15 Mr. XXXXXX is not suitable for parole and would pose an
16 unreasonable risk of danger to society or a threat to
17 public safety if released from prison. A finding of
18 unsuitability is based on weighing the considerations
19 provided in the California Code of Regulations Title 15.
20 This is a one-year denial under the Reconsideration
21 criteria. In determining unsuitability there were some
22 factors that we thought linked Mr. XXXXXX to current
23 dangerousness. His institutional behavior, his lack of
24 understanding of his institutional behavior as well as
2s xxxxxx xxxxxx c-xxxxx DECISION PAGE 1 10/26/16
]\
1
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1 his previous behaviors, lack of skills and tools to be
2 successful out on parole. So let me go through these
3 different areas. The thing that I have down for
4 Mr. XXXXXX really is I have down a lot of deflection, a
5 lot of denial, a lot of minimization, and really a lack
6 of understanding of what his issues are. A lot of this
7 hearing today was a discussion that you wanted to bring
8 up all of these very positive things that you've been
9 doing, and I don't want to take av.. ay from a

1 lot of the
10 posiLives that you do in prison and I do think that it's
11 good. However, in your particular case i t seems like
12 you focus on a lot of the external things and you don't
13 focus on yourself. You do a lot of programming. You
14 spent a lot of time talking about all of these things
15 that you're doing that's been positive bu~ you really,
16 you know -- I mean, from what we can gather from your
17 prior testimony you really don't know why you're here.
18 You really don't have an understanding of why you're
19 back in prison and you have done nothing to rehabilitate
20 on that area. Because we spent a lot of time minimizing
21 any of your negative behavior so that's where it comes
22 froro.. When i..;e look at these 128As which, again, I don't
23 think are that serious but your discussion of them is
24 very interesting, powerful and really shows your current
25 xxxxxx xxxxxx c-xxxxx DECISION PAGE 2 10/26/16
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1 mindset because you spent a lot of time on these very,
2 what I see as insignificant issues, but you end up
3 minimizing them. You end up making an explanation and
4 then there's a caveat or a ''but'' or there's always some
5 explanation on why you' re trying to, you know, rea.2_ly
6 not take responsibility for your actions. You say I
7 take responsibility but this and this and this and you
8 go through these very elaborate explanations on why
9 you're really not responsible and that's really been
10 your pattern throughout much of your incarceration. You
11 really have a hard time accepting your character defects
12 and accepting responsibility for things. So when you
13 can't even do it with these 2016 rules violations -- I
14 mean, sorry, 128As which, again, they become more
15 relevant because of how you describe them and what it
16 shows about your current criminal mindset. That you are
17 unwilling to accept culpability and responsibility for
18 even little -- more minor negative behavior. It really
19 causes a lot of concern to the Panel on what you're
20 capable of doing on the outside because one, you can't
21 follow the rules and regulations in prison. Two, v1hen
22 we look at your prior testimony regarding the parole
23 revocation all we have is that you deny it and it's
24 pretty serious. Not only is it serious i t directly
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1 re~ates back to your life crime. There is evidence that
2 suggests that you're the one culpable of i t . I mean,
3 there's eyewitnesses. They have the license plate of
4 your motorcycle. You were found with latex gloves and a
5 mask . I mean, there's a lot of circumstantial evidence
6 and yet, you knor.v, you come in today like okay, let's
7 just completely ignore that and let's just talk about
8 all this other stuff and then that's going to make it
9 okay. You don't have to talk about i t but you do have
10 to rehabilitate on your issues. And clearly from your
11 testimony today you would rather just forget about it.
12 You'd rather forget about it and move on. And in order
13 for you to rehabilitate you've got to understand who you
14 are. You've got to understand what your -- what your
15 problems are and why you keep repeating similar
16 behaviors even after being in prison for so much time
l.7 and with so much programming and you don't recognize
18 that. You don't recognize -- and ~hat's what I think is
19 the real problem here is you don't recognize i t and then
20 you make excuses for behavior that you're caught for.
21 So the Panel lS le ft with there's really no knowing lVha t
22 you would be capable of doing and the only e"\'idence that
23 we tave is when you were released look what happened.
24 You come back into prison and don't do anything about
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1 it. So, you know, there's a pattern and there's
2 concerns. The psychologist had the same concerns that
3 you're repeating the same behavior and despite all of
4 your programming and things like that you haven't got to
5 the crux of your issues and I think the Panel is in
6 agreement with that because you don't want to. You
7 would rather just focus on everything else, doing all
8 these other things and that's going to mask what I --
9 1t1hat I'm really what my real problems are and what I
10 need to do help myself get out so that I won't reoffend,
11 Until you get to that place where you can do that you're
12 still going to be a current risk to the public and
13 that's the bottom line. Whether you want to discuss it
14 or not is really not the issue. It's whether you have
15 rehabilitated on those issues and, clearly, from what i;.,ie
16 have you haven't. Clearly from your testimony about
17 behavioral issues in prison you haven't because you are
18 unable to accept culpability and responsibility.
19 Commissioner, is there anything that you would like to
20 add?
21 DEPUTY COMMISSIONER ALLEN: Thank you. \Ve did
22 balance your programming with the transitional program,
23 substance abuse, SHARP, Criminal Thinking, the Peace
2tl Education program, Alcoholics Anonymous 12 steps, Merced
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1 Co~lege, Coastline College, Hands-on Banking. Your
2 model inmate recognition, peace programs, insights and
3 being a rising Peacemake~ trainer. And we also balance
4 that with the recent 128s you got in February 22nd of
5 2016 and August 16th of 2016. Also, you apparently
6 found a weapon and you turned i t in. But we are stuck
7 with what the psychologist pointed out and that's the
8 known details of your parole violation are almost
9 identical to the behavior you exhibited in the life
10 crime more than 25 years ago despite this intensive
11 history of self-abuse and substance abuse and other
12 programming you' \'e done while you've been here. And
13 I ' l l turn i t back to the Chair.
14 PRESIDING COMMISSIONER FRITZ: Okay. Thank you.
15 All right. So what I think you really need to do,
16 Mr. XXXXXX, if you really are serious about getting out
17 of prison you need to focus on, you know, why you are
18 doing the things that you 1 re doing. Why are you getting
19 into this negative behavior? You really need to take an
20 honest look at yourself and what your plan is for when
21 you get released, like what your plan is for property
22 crimes, for theft. The things that you've been involved
23 in that you have a repeated pattern of, the burglaries
24 and things like that. Those are issues that keep coming
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1 up and you need to have a plan on how you're going to
2 resolve ~hese issues and that's what your programming
3 should be focused on. Your issues and how you're going
4 to get them resolved. Until you take an honest look at
5 yourself and an honest look at your behaviors you need
6 to start from there. You need to start from basically
7 the beginning and go through it and then -- and then
8 come back to the Board with a plan on ho\1 you're gcing
9 to get it resolved. How you're not going to get in any
10 trouble in prison and how you're going to remain out of
11 trouble once you get out of prison. Is there anything
12 else that you want to add?
13 DEPUTY COMMISSIONER ALLEN: No, thank you.
14 PRESIDING COMMISSIONER FRITZ: All right. The
15 time is 10:42. We'll go off the record. Good luck,
16 sir.
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s
6
11 RECENT BOARD HEARING AND IS PROVIDED TO YOU IN
12 COMPLIANCE WITH PENAL CODE SECTION 3041. 5, SUBDIVISION
13 (A) (4) I AND CALIFORNIA CODE OF REGULATIONS I TITLE 15 I
16 BY PENAL CODE SECTION 3041, SUBDIVISION (B) 1 UNLESS THE
17 BOARD NOTIFIED YOU IN WRITING BEFORE THEN THAT THE
21 CALIFORNIA CODE OF REGULATIONS, TITLE 15 1 SECTION 2042.
1'.'orthern C'a!ifornia Courr l?efJOr!ers

87
CERTIFICATE AND
I, Dannette Kruer, as the Official Transcriber,
hereby certify that the a~tached proceedings:
In the matter of the Life CDC Number: C-XXXY.X

Hearing of:
xxxxxx xxxxxx
VALLEY STATE PRISON
OCTOBEF, 26, 2016
8:52 A.f'1.
transcription.
/
I !
,
1
/ · .:.;j 1
L f,
I
l-~(C (- ) Lu
'c..- ' " ,
Dannette Kruer
November 1, 2016
/l.:orfhern Cali_fornia Court Reporter.\'

Rescission- No Good Cause
STATE OF CALIFORNIA
In the matter of the Life CDC Number: 8-XXXXX

Hearing of:
xxxxx xxxxxxx
FEBRUARY 25, 2016
11:29 A.M.
PANEL PRESENT:
JACK GARNER, Presiding Commissioner

ROSALIO CASTRO, Deputy Commissioner
OTHERS PRESENT:
DAVID RAMIREZ, Attorney for Inmate

PHILIP WYNN, Deputy District Attorney
_ _ _ _ No See Review of Hearing

_ _ _ _ Yes Transcript Memorandum
C. Bunker, Transcriber, NCCR

2
I N D .E X
Page
Proceedings .. 3
Case Fac-:ors.
Pre-Commitment Factors.
Closing Statements.
Recess . . .
Decision.
Adjournment. 5
Northern c:al(/Ornia C'ourt Reporters

3
1 P R 0 C E E D I N G S
2 DEPUTY COMMISSIONER CASTRO: Okay, \Ve' re on the
3 record.
4 PRESIDING COMMISSIONER GARNER: All right. This
5 is a, was scheduled as a Subsequent Parole Consideration
6 Hearing for J\Jr. XX>:XX>~X. His CDCR Number is B-XXXXX.
7 The date 'today is Februar'J' 25th, 2016. The time is
8 approximately 11:29 a.m. We 1 re located at the
9 California State Prison, Los Angeles, which is located
10 in Lancaster. We'll go ahead and get everybody's name
11 on the record for the transcriber. I'll start. Jack
12 Garner, G-A-R-N-E-R, Commissioner.
13 DEPUTY COMMISSIONER CASTRO: Rosalia Castro,
14 C-A-S-T-R-0, Deputy Commissioner.
15 ATTORNEY RAMIREZ: David Ramirez, R-A-M-I-R-E-Z,
16 attorney for !"Ir. XXX>~XXX.
17 DEPUTY DISTRICT ATTORNEY WYNN: Philip Wynn,
18 W-Y-N-N, Deputy District Attorney, Los Angeles County,
19 appearing this morning by way of videoconference.
20 PRESIDING COMMISSIONER GARNER: All right. Thank
21 you, ever~/one. Basically, the Panel was aware that
22 Mr. XXXXXXX did have a pending 115 upon arrival at the
institution earlier in the week. We waited until the
24 last possible moment, which would have been this
25 morning, to see if the matter had been adjudicated. It
lv'orthern C.'al{/Orniu C.'our! Reporters

4
has not; in fact, Commissioner Castro checked just a few
2 rnorr.ents ago and it remains as a pending 115. The date
3 of the 115 is December 16, 2015. It was for controlled
4 substance, drug paraphernalia, and distribution. It is
5 noted as a serious 115. The Panel, being mindfu2. of
6 section 2272 of Title 15, v1hich basically tells the
7 Panel that if it's determined during the course of the
8 hearing ~hat a decision regarding parole cannot be made
9 because of the pending charges, the Hearing Panel shall
10 continue the hearing. And essentially this is something
11 that the Panel will need to have resolved because it is
12 part of a pattern that we did see with respect to
13 disciplinary conduct. We're also mindful now that
14 Mr. XXXXXXX now does meet the eligibility as a youthful
15 offender, and his current risk assessment does not take
16 that into consideration. That will be a matter for the
17 next Panel if in fact i t ' s not completed during this
18 period of time where the review will occur on the 115.
19 And present notice requires at least a 90-day period, so
20 there's a very strong likelihood that i t ' s going to get
21 caleridared before the next hearing, but in the e·vent it
22 doesn't that will be up to the next Panel.
23 Commissioner, anything for the record today?
24 DEPUTY COMMISSIONER CASTRO: Nothing further. I
25 concur.
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PRESIDING COMMISSIONER GARNER: Mr. Ramirez,
2 anything for the record?
3 ATTORNEY RAMIREZ: No.
4 PRESIDING COMMISSIONER GARNER: And Mr. Wynn,
5 anything for lhe record?
6 DEPUTY DISTRICT ATTORNEY WYNN: No.
7 PRESIDING COMMISSIONER GARNER: All right. Then
8 the time is now approximately 11: 32 a, m., and that will
9 conclude the XXXXXXX matter.
JO A D J 0 U R N M E N T
11
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25 xxxxx xxxxxxx B-XXXXX 2/25/16
1'./orthern C'al{j(Jrnia ('our/ Re11orters

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CERTIFICATE AND
I, C. BUNKER, as the Official Transcriber 1 hereby
certify ~hat the attached proceedings:
In the matter of ~he Life I CDC Number: 8-XXXXX

Term Parole Consideration I
Hearing of: I
I
xxxxx xxxxxxx I
~~~~~~~~~~~~~~)
FEBRUARY 25, 2016
11:29 A.M.
transcription.
(1 "QI,£ /_.J~)
·-
C. Bunker
March 7, 2016
1'/orthern C'crl(/Urniu c:our! ReJJOrters

PAROLE RESCISSION HEARING
STATE OF CALI~ORNIA

Hearing of:
xxxxxx xxxxxxxxx
CALIFORNIA STATE PRISON, SOLANO
VACAVILLE, CALIFORNIA
JJ\.NUARY 22, 2016
8:56 A.Iv:!.
PANEL PRESENT:

STEVEN MAHONEY, Deputy Commissioner
MARISELA MONTES, Commissioner
OTHERS PRESENT:
XXXXXX XXXXXXXXX, Inmate

KEITH ~\lATTLEY, Attorney for Inmate
JILL KLINGE, Deputy District Attorney
RICHARD P.ll,Rl<ER, Witness
VERONICA MENDOZA, Senior Staff Counsel, BPH
TIFFANY SHULTZ, Acting Chief Counsel, BPH
NORMA LOZA, Staff Attorney, BPH
- - - - No See Review of Hearing

----
Yes Transcript Memorandum
Rebecca Herron, Transcriber, NCCR

2
I N D E X
Proceedings .. 3
Case Factors.
Pre-Commitment Factors.
Recess . . . 44
Decision. 45
Adjournment. 45
1Vorther11 C'a/ij'ornia Court RejJOrters

J
2 DEPUTY COMMISSIONER MAHONEY: lr-Je' re on reccrd.
J PRESIDING COMMISSIONER GARNER: Jl.11 right. Thank
4 you. Today's date is January 22nd of 2016. The time is
5 now approximately 8:56 a.m. This is going to be a
6 resciss~on hearing for Mr. XXXXXXXXX. His CDCR Number
7 is H-XXXXX. He is present in the hearing room today at
8 the California State Prison at Solano. By way of
9 hisr:ory, Mr. XXXXXXXXX was received by CDCR on November
10 30, 1993. He was received from Alameda County. The
!l controlling offense, Murder in the Second Degree, Penal
12 Code Section 187. There was also an Assault with a
13 Firearm, Penal Code 2 4 5 (a) . The Alameda County Case
14 Number is 115563. The term was 15 years to life.
15 Mr. XXXXXXXXX has a minimum eligible parole date of
16 October 5th, 2004, and he has a youth parole eligibilit_y
17 date of March 15, 2012, and the Board has determined
18 that Mr. XXXXXXXXX qualifies as a youthful offender.
19 That would have been consistent with Senate Bill 260,
20 which ultimately got codified in Penal Code Section
21 3051. The hearing is going to be recorded, and to
22 assist the transcriber with voice identification each of
23 us will give our first name, last name, spell the last
24 name. Your turn comes, Mr. XXXXXXXXX, in addition to
25 the name information, your CDCR Number also, please.
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I ' l l go ahead and get started and go to my left. I'm
2 Jack Garner, G-A-R-N-E-R, Commissioner.
3 COMMISSIONER MONTES; I'm Marisela Montes, M-0-N-
4 T-E-S, Commissioner.
5 DEPUTY COMMISSIONER MAHONEY: Steven l'-Jahoney, M-
6 A-H-0-N-E-Y, Deputy Commissioner.
7 ATTORNEY WATTLEY: Go ahead.
8 INMATE XXXXXXXXX: XXXXXX XXXXXXXXX, R-0-0-R-I-Q-
9 U-E-Z, Number H-XXXXX.
10 ATTORNEY WATTLEY: Keith Wattley, W-A-T-T-L-E-Y,
II attorney for Mr. XXXXXXXXX.
12 DEPUTY DISTRICT ATTORNEY KLINGE: Jill Klinge, K-
13 L-I-N-G-E, Assistant District Attorney, Alameda County.
14 MS. MENDOZA: Veronica Mendoza, M-E-N-D-0-Z-A,
15 Senior Staff Counsel for the Board.
16 MS. SHULTZ: Tiffany Shultz, S-H-U-L-T-Z, Acting
17 Chief counsel for the Board.
18 MS. LOZA: Normal Loza, L-0-Z-A, Staff Attorney
!9 for BPH.
21 you, ever_yone. And for the record, we also have two
22 correctional peace officers that are with us in the
23 hearing room this morning. All right. 1'1r. XXXXXXXXX
M and Mr. Wattley, before we go any further I do want to
25 indicate that the Panel has reviewed two different
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sources of information (inaudible) the Americans with
2 Disabilities Act. It's also known as the ADA. First \o.'e
3 have a 1073 Form that Mr. XXXXXXXXX signed on October
4 1st of 2015. On that date the box is checked noting
5 that you don't need any help for the hearing. Your
6 total grade point level is noted at 11.2, and also the
7 no disabilities were identified from your file review.
8 Then we also have our Disability and Effective
9 Communication System, which is essentially a
JO computerized version. On there I find the information
II is essentially the same. The only thing I do note, that
12 you do have a lifting restriction; you can't l i f t more
13 than 19 pounds?
14 INMATE XXXXXXXXX: Yes.
15 PRESIDING COMMISSIONER GARNER: i'ilhat's that
16 about?
17 INMATE XXXXXXXXX: My rotator cuff.
18 PRESIDING COMMISSIONER GARNER: Okay.
19 INMATE XXXXXXXXX: When I was exercising.
20 PRESIDING COMMISSIONER GARNER: Okay. /-lre you on
21 any medication for that?
22 INMATE XXXXXXXXX: Naproxen, Aleve.
23 PRESIDING COMMISSIONER GARNER: That doesn't
24 cause any side effects usually; is that the case with
25 you?
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INMATE XXXXXXXXX: Right. No.
2 PRESIDING COMMISSIONER GARNER: Okay. Also tells
3 us your custody level is Medium-A, your placement score
4 is 19, you' :re in general population. And it looks like,
5 at least at the time this \oJas done, that you were in a
6 substance abuse treatment program, in the LTOPP Program?
7 INMATE XXXXXXXXX: P.ight.
8 PRESIDING COMMISSIONER GARNER: Still doing that?
9 INMATE XXXXXXXXX: No, we finished it.
10 PRESIDING COMMISSIONER GARNER: You finished.
11 You assigned now?
12 INMATE XXXXXXXXX: No, currently --
13 PRESIDING COMMISSIONER GARNER: Unassigned?
I5 PRESIDING COMMISSIONER GARNER: Okay. And
16 essentially there is nothing else. So let me go ahead
17 and ask you some supplemental questions to make sure
18 we've completely addressed the AD.l.l.. First, about your
19 vision, do you have to wear glasses at all?
20 INMATE XXXXXXXXX: No.
21 PRESIDING COMMISSIONER GARNER: All right. Do
22 you mind pulling the microphone a little closer? Thank
23 you. And how is your hearing?
24 INMATE XXXXXXXXX: Excellent.
25 PRESIDING COMMISSIONER GARNER: Okay. Any
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trouble v..•a] king?
3 PRESIDING COMMISSIONER GARNER: And we've already
4 noted your grade point level. Tell me, anytime since
5 you've been here at CDCR, ever part of the Mental Health
6 Services Delivery System?
8 PRESIDING COMMISSIONER GARNER: And lastly, do
9 you have any other kind of disability or condition that
10 we've not talked about this morning that migh~ impact
11 your ability to participate in the hearing?
12 INMATE XXXXXXXXX: None at all.
14 you. Mr. Wattley, are you satisfied that the Panel has
15 addressed your client's ADA rights?
16 ATTORNEY WATTLEY: Yes, I am.
17 PRESIDING COMMISSIONER GARNER: Okay. All
18 right. In noting your grade point level, do you have
19 your GED?
21 PRESIDING COMMISSIONER GARNER: Jl.11 right. \7 er y
22 good. And we've already discussed the other sections,
23 so I think what we' re doing now is we' re going to talk
24 about your rights a little bit. And I also see that you
25 signed a Notice of Hearing Rights Form on October 1st of
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2015. You got a copy of that?
2 INMATE XXXXXXXXX; Yes.
3 PRESIDING COMMISSIONER GARNER: ..n.11 right. And
4 did you and Mr. Wattley also discuss your rights
5 regarding the hearing?
7 PRESIDING COMMISSIONER GARNER: All right.
8 Mr. Wattley, are you satisfied that your Panel's (sic)
9 hearing rights have been met to this point?
12 you. All right. Just to let you know, the Panel has
13 had the opportunity to review your Central File. We do
14 have a full transcript of your hearing where you were
15 given the grant. We also have the actions that were
16 taken by the Board at our en bane hearing. Also note
17 that Penal Code Section 3041. 5 provides the Board with
18 authority to meet with people who have previously been
19 granted parole for the purpose of postponing or
20 rescinding the date, and the BPH rules set forth the
21 criteria for postponement of a rescission hearing or
22 release date upon a finding of good cause. You did get
23 a grant of parole on fvlay 28th, 2015?
25 PRESIDING COMMISSIONER GARNER: Sound correct?
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INMATE XXXXXXXXX; Yes.
2 PRESIDING COMMISSIONER GARNER: And if my records
3 are correct, that would have been Commissioner Peck and
4 Commissioner Hurd?
6 PRESIDING COMMISSIONER GARNER: Okay. The
7 purpose of today's hearing is to determine whether the
8 misconduct that has been alleged is true and, if so,
9 whether there is good cause to rescind your hearing in
10 doing so. And essentially in this case what we are
11 reviewing a 128E, a counseling chrono that is dated
12 COMMISSIONER MONTES: 128A.
1J PRESIDING COMMISSIONER GARNER: Yeah, I got the
14 12 8. I'm just trying to find -- oh, it's dated May 13
15 of 2015, and i t t<1as called possession and exchange. And
16 I'll just go ahead and read i t into the record. That
17 way we don't have to debate what the circumstances were.
18 We' 11 just say, "On May 13, '15 at approximately 1310
19 hours, inmate XXXXXXXXX (H-XXXXX 17/172/U) was running
20 across the yard holding a bag of soups. I stopped
21 XXXXXXXXX and asked him why he had so many soups and he
22 said he owed someone 40 soups. I advised XXXXXXXXX that
23 giving another inmate soups is in violation of 3192,
24 1".ihich states, 'An inmate's right to inherit, Ol.JD, sell,
25 or convey :r-eril and/or per.cionnl property does not include
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the right to possess such property within the
2 institution/facilities of the Department. An inmate may
3 not exchange, borrow, loan, give any, or convey personal
4 property to or from another inmate. Violations of this
5 rule may result in disciplinary action, confiscation,
6 and/or (inaudible) personal property.' I advised
7 XXXXXXXXX that any future violations will result in
8 progressive disciplinary action.'' Now this did go to
9 the full Board on September 22nd of 2015, at which time
10 the Board voted to request an investigation be
11 completed, and that's been done and we are back here
12 today. So that's the 128. If we find the conduct is
13 true, we' 11 then find whether there's good cause to
14 rescind your grant. If your grant is rescinded today,
15 denial length will not be set. You will be scheduled
16 for a suitability hearing within 20 days. So first of
17 all, we did call a witness in this particular case, and
18 that witness is the officer that prepared the basis for
19 our 128, and that is an Officer Parker. So at this time
20 could we have Officer Parker join us?
21 DEPUTY COMMISSIONER MAHONEY: Yeah, why don't vie
22 take a recess? We have to give him a phone call and
23 he' 11 come over.
24 PRESIDING COMMISSIONER GARNER: All right. we

25 can go off the record for a moment.
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DEPUTY COMMISSIONER MAHONEY:
2 (Off the record.)
3 DEPUTY COMMISSIONER MAHONEY: We're back on
4 record. It's 9:09.
5 PRESIDING COMMISSIONER GARNER: All right. And
6 for the record, all of the parties previously in the
7 room have returned. We have requested the presence of
8 Correctional Officer Parker, who is here with us today.
9 So at this time, let me -- first of all, before vie deal
10 with Officer Parker, again, Mr. XXXXXXXXX, i t ' s my
II understanding through Mr. Vlattley that you're not going
12 to be speaking 1t1ith the Panel today; is that correct?
13 ATTORNEY WATTLEY: That is only after the fact-
14 finding. If we get to the other phase then he will be
15 talking to you.
16 PRESIDING COMMISSIONER GARNER: All right. so

17 you are going to be speaking to the Panel on other
18 matters other than fact-finding. Let's go ahead and get
19 you sworn in by having you raise your right hand. Do
20 you solemnly swear or affirm the testimony you give at
21 the hearing today will be the truth, the whole truth,
22 and nothing but the truth?
23 INMATE XXXXXXXXX: I do.
24 PRESIDING COMMISSIONER GARNER: Thank you. And
25 Officer Parker also, do you solemnly swear the testimony
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you give at the hearing today will be the t.ruth, the
2 whole truth, nothing but. the truth?
J CORRECTIONAL OFFICER PARKER: I swear.
5 you. All right. ftJell, Officer Parker is here. Bis
6 presence was requested by the Board. And what vve're
7 going tc do just by way of format is that we' 11 begin
8 any questions starting with the Panel concerning the
9 matter that does bring us here today. After the Panel,
10 then we'll give Mr. Wattley an opportunity for any
11 questions of the witness. And, of course, since
12 Mr. Wattley is here, his questions that Mr. XXXXXXXXX
13 may have will be done through counsel. So we'll go
14 ahead and start \Vi th the Panel. And let me ask --
I5 DEPUTY COMMISSIONER MAHONEY: Actually, real
16 quick, Commissioner, can you just state your name and
17 spell your last name for the record for the transcriber?
18 CORRECTIONAL OFFICER PARKER: Do you i:1ant my
19 whole name or just my first and last name?
20 DEPUTY COMMISSIONER MAHONEY: First and last
21 name, (inaudible) and your position.
22 CORRECTIONAL OFFICER PARKER: Richard Parker, P-
23 A-R-K-E-R. Right now I'm at Building 19, but at the
24 time I wrote the 128 I was an S&E on C Yard.
25 PRESIDING COMMISSIONER GARNER: All right. Let
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me do a little bit of background and then I ' l l open it
2 Uf! for questions starting with my colleagues, Could you
3 tell me, Officer Parker, how long have you been with the
4 Department, CDCR?
5 CORRECTIONAL OFFICER PARKER: A little over ten
6 years.
8 during that ten years -- obviously you did complete the
9 basic academy?
IO CORRECTIONAL OFFICER PARKER: Yes.
II PRESIDING COMMISSIONER GARNER: Did you have any
12 specialized training during your ten years of
13 · significance for the Panel?
14 CORRECTIONAL OFFICER PARKER: No, none that I can
15 recall.
17 just to begin to frame the issue, you've already
18 indicated that apparently since the date the 128 was
19 written, which was May 13, 2015, you have had a
20 reassignment?
21 CORRECTIONAL OFFICER PARKER: Yes.
PRESIDING COMMISSIONER GARNER: All right. And
23 at the time though, your assignment on May 13, 2015 was
24 in the capacity of what?
CORRECTIONAL OFFICER PARKER: I was a yard
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officer on C Yard.
3 you. And prior to this time, did you have any knowledge
4 of inmate XXXXXXXXX?
5 CORRECTIONAL OFFICER PARKER: No.
6 PRESIDING COMMISSIONER GARNER: Okay. But he was
7 on your yard?
8 CORRECTIONAL OFFICER PARKER: He was on the yard.
9 PRESIDING COMMISSIONER GARNER: Okay. All right.
10 Commissioners, any other background information that you
11 think is important before we go to particular questions?
12 DEPUTY COMMISSIONER MAHONEY: No, I have no
13 questions, Commissioner.
14 PRESIDING COMMISSIONER GARNER: No other
!5 background information? Thank you. All right. Then
16 I' 11 first ask either Commissioner if there are any
17 questions of Officer Parker concerning the 128 that
18 we've already mentioned?
19 COMMISSIONER MONTES: Well, you've obviously
20 you issued the 128A to inmate XXXXXXXXX. Is there
21 anything in the 128 that we need to know about beyond
22 1t1hat's i,.•ritten on paper, sir? You know, I'm sure you'\'e
23 reviewed it recently. Is ~here anything you would have
24 -- any other details that you think is important
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COMMISSIONER MONTES: for the Panel to be
3 CORRECTIONAL OFFICER PARKER: No, when XXXXXXXXX
4 addressed me he V..'as respectful.
5 COMMISSIONER MONTES: Okay.
6 CORRECTIONAL OFFICER PARKER: So I don't really
7 think there was anything else I'd like to add to that,
8 other than he was respectful. He wasn't rude or he
9 wasn't noncompliant.
10 COMMISSIONER MONTES: And was that -- let me ask
11 this way. Is this a common occurrence, you see an
12 inmate running across the yard? I mean, obviously, you
13 knoi,..
1 , we see inmates run across the yard
14 CORRECTIONAL OFFICER PARKER: I see i t
15 COMMISSIONER MONTES: -- when they're trying to
16 get back for an appointment or for -- you know, before
17 the gates lock or running to class and things like that.
18 Is this a fairly typical thing?
19 CORRECTIONAL OFFICER PARKER: For inmates to run
20 across the yard?
21 COMMISSIONER MONTES: Uh-huh.
22 CORRECTIONAL OFFICER PARKER: Not to run across
23 the yard but, like you said, in instances when they need
24 to get to a group or get somewhere they will, but
25 normally we try and keep them from running unless
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they're running the track.
2 COMMISSIONER MONTES: Right. Right:.. Okay. So
3 this is a little bit atypical. Is that what called your
4 attention to him?
5 CORRECTIONAL OFFICER PARKER: Ye ah. Yeah,
6 COMMISSIONER MONTES: Or was it the soups?
7 CORRECTIONAL OFFICER PARKER: It was a little bit
8 of both.
10 CORRECTIONAL OFFICER PARKER: A little bit of
11 both. It was one and then the other.
12 COMMISSIONER MONTES: All right. Now is that --
13 is that something you've come across before, an inmate
14 carrying a large amount of property? It's kind of
15 unusual; 40 Soups is kind of unusual for an inmate to --
16 in my experience, to be carrying across the yard.
17 CORRECTIONAL OFFICER PARKER: Yeal1, I've seen it
18 a few other times and I've done the same thing,
19 confiscated i t or write the inmate a 128. But, yeah,
20 i t ' s odd when canteen j_s not open. Canteen was not open
21 at that time.
22 COMMISSIONER MONTES: At that time. But he did
23 have a receipt for those soups 1 correct?
24 CORRECTIONAL OFFICER PARKER: He did come back
25 later on and give me a receipt and I gave him back the
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soups and advised him I'd give him a 128, and if he did
2 i t again i t would be progressive discipline.
3 COMMISSIONER MONTES: Okay. Just essentially
4 like a >·1arning.
5 CORRECTIONAL OFFICER PARKER: Yeah.
6 COMMISSIONER MONTES: And what exactly were his
7 words? Was that all he said?
8 CORRECTIONAL OFFICER PARKER: That's all that I
9 can recall.
10 COMMISSIONER MONTES: He owed someone
11 CORRECTIONAL OFFICER PARKER: That he owed
12 someone 40 soups.
13 COMMISSIONER MONTES: Owed someone 40 soups. And
14 did that set off any bells for you? When an inmate says
15 I owe someone, does it set off any bells like ">t1hat kind
16 of debt might. you have incurred?
17 CORRECTIONAL OFFICER PARKER: Yeah, it does, but
18 anything I 1;.1ould say would be speculation, I guess.
19 COMMISSIONER MONTES: Sure, absolutely.
20 CORRECTIONAL OFFICER PARKER: He could have
21 borrov. ed 4 0 soups
1
or he could be paying for something.
22 I don't knO\/o.
1 • There's no way to tell.
23 COMMISSIONER MONTES: And you didn't inquire any
24 further?
25 COMMISSIONER MONTES: No, I didn't.
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COMMISSIONER MONTES: So there's nothing missing
2 from this report that we need to know?
3 CORRECTIONAL OFFICER PARKER: No. No.
5 DEPUTY COMMISSIONER MAHONEY: t.Jell, just for the
6 record, you didn't see him exchanging the soups with
7 another inmate at any point?
8 CORRECTIONAL OFFICER PARKER: No. No, I stopped
9 him before that happened.
10 DEPUTY COMMISSIONER MAHONEY: He didn't have
11 property that didn't belong to him on him at all?
13 DEPUTY COMMISSIONER MAHONEY: (Inaudible)?
15 DEPUTY COMMISSIONER MAHONEY: All right. That's
16 all I have.
17 PRESIDING COMMISSIONER GARNER: Anything else,
18 Commissioners?
19 DEPUTY COMMISSIONER MAHONEY: I don't have
20 anything else.
21 PRESIDING COMMISSIONER GARNER: J1nd I had the
22 questio~s that were already answered so I'm not going to
23 ask them again. They've already been answered. So
~ Mr. Wattley, any questions for Officer Parker?
25 ATTORNEY WATTLEY: Just a --
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DEPUTY COMMISSIONER MAHONEY: I think --
2 DEPUTY DISTRICT ATTORNEY KLINGE: I don't know
3 what L.he order is.
4 DEPUTY COMMISSIONER MAHONEY: I think the order
5 is usually the DA (inaudible) first.
6 PRESIDING COMMISSIONER GARNER: Actually the
7 material I have is L.he DA will do final statements.
8 UNIDENTIFIED FEMALE: I think that's an
9 oversight.
10 PRESIDING COMMISSIONER GARNER: Is that an
11 oversight?
12 UNIDENTIFIED FEMALE: I apologize.
13 PRESIDING COMMISSIONER GARNER: All right. Then
14 the material that I was given didn't include you, so at
15 this time i.ve will regroup and we will ask Ms. Klinge if
16 there are any questions of Officer Parker.
17 DEPUTY DISTRICT ATTORNEY KLINGE: Thank you.
18 Just to cJ.arify a little bit, what time of day was this
19 when this occurred?
20 CORRECTIONAL OFFICER PARKER: I don't recall the
21 exact time, but I worked third watch which was beti.-. een
1
22 1400 to 2200.
,-_, DEPUTY DISTRICT ATTORNEY KLINGE: Do we need to
24 go through the refreshing memory or can we just let him
25 look at this?
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COMMISSIONER MONTES: 1910.
2 INMATE XXXXXXXXX: Yeah. I mean, I think the
3 Commissioner read i t into the record already.
4 DEPUTY DISTRICT ATTORNEY KLINGE: 1910? And was
5 i t daylight? Or how was the yard illuminated at 1910?
6 CORRECTIONAL OFFICER PARKER: I believe the day
7 -- or the yard lights were on so it v.1as dark outside.
8 DEPUTY DISTRICT ATTORNEY KLINGE: Jl..nd for this
9 particular yard, where was i t that you first sat../ the
10 inmate running, what part of the yard?
11 CORRECTIONAL OFFICER PARKER: Middle of the
12 football field.
13 DEPUTY DISTRICT ATTORNEY KLINGE: And how long
14 did you observe him running before you stopped him?
15 CORRECTIONAL OFFICER PARKER: I stopped him just
16 before he came to me, but I observed him running
17 probably 50 yards before I stopped him.
18 DEPUTY DISTRICT ATTORNEY KLINGE: And what's the
19 first thing that drew your attention to him? What drew
20 your attention to this particular inmate?
21 CORRECTIONAL OFFICER PARKER: VJell, (a) he was
22 running, and then when I saw him running he had a big
23 bag of soups.
24 DEPUTY DISTRICT ATTORNEY KLINGE: And I think you
25 , stated the canteen was closed at that time?
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CORRECTIONAL OFFICER PARKER: Yes.
2 DEPUTY DISTRICT ATTORNEY KLINGE: And had the
3 canteen been closed for a while?
4 CORRECTIONAL OFFICER PARKER: I don't recall. I
5 don't recall.
6 DEPUTY DISTRICT ATTORNEY KLINGE: And when you
7 first stopped the inmate, v:hat v;as the first thing that
8 happened?
9 CORRECTIONAL OFFICER PARKER: I asked him -- I
10 believe I asked him what he was doing ·with all the soups
11 running across the yard.
12 DEPUTY DISTRICT ATTORNEY KLINGE: And what did he
13 say?
14 CORRECTIONAL OFFICER PARKER: I can't remember
15 the exact wording, but he told me that he owed someone
16 40 soups.
17 DEPUTY DISTRICT ATTORNEY KLINGE: Okay. Then
18 \<Jl1at' s the next thing that happened?
19 CORRECTIONAL OFFICER PARKER: I took the soups
20 from him and I gave him the choice to go back and get
21 his receipt and I'd give them back once he proved they
22 were his, or to go in to his group. He said he was
23 going to go in to his group and then he'd bring me the
24 receipt, and he did that.
25 DEPUTY DISTRICT ATTORNEY KLINGE: And tvhy did you
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take the soups from him at that time?
2 CORRECTIONAL OFFICER PARKER: Because he didn't
3 have any proof they were his on him at the time, so once
4 he proved they were his I gave them back.
5 DEPUTY DISTRICT ATTORNEY KLINGE: And when you
6 gave them back, I believe, did you state that you told
7 him you'd be writing him a 128?
8 CORRECTIONAL OFFICER PARKER: When I gave the
9 soups back, yes.
IO DEPUTY DISTRICT ATTORNEY KLINGE: And if you can
11 answer this, what's 'Che difference between a 115 and a
12 128A?
13 CORRECTIONAL OFFICER PARKER: A 128 is the step
14 before a 115. It's kind of a -- i t ' s a warning, but
15 it's a .-'arning in writing.

1
16 DEPUTY DISTRICT ATTORNEY KLINGE: And \-Yhy did you
17 choose to do a 128 as opposed to a 115?
18 CORRECTIONAL OFFICER PARKER: His demeanor. He
19 was respectful. He wasn't -- he didn't give me attitude
20 when I got at him. He was receptive when I counseled
21 him. That's normally what I look for. If they're
22 receptive and they are apologetic a little bit and they
23 know they broke the rule, then I don't push it.
24 DEPUTY DISTRICT ATTORNEY KLINGE: Counsel
25 submitted an expert statement from a Richard
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(inaudible), and he stated that -- pretty much tha~ it's
2 common practice for inmates to exchange items on the
3 yard for different reasons and that officers sometimes
4 accommodate this or turn a blind eye. Is that something
5 that you do in your practice?
6 CORRECTIONAL OFFICER PARKER: That I do? No.
7 DEPUTY DISTRICT ATTORNEY KLINGE: When the inmate
8 told you he owed someone 40 soups, i,.,1hy was i t that you
9 didn't follo ..v up on that?

1
10 CORRECTIONAL OFFICER PARKER: I don't know. Over
ll my -- over the years any time I've asked -- I guess I
12 assumed it was for loaning someone else 40 other soups.
13 I could have asked him but I just chose not to look into
14 it any further. Far as I know he's a programmer. He
15 didn 1 t give me no problems at the time. Had he given me
!6 attitude or looked nervous at the time, then I probably
17 v-.1 ould have took it to the next level, but he didn't look
18 like he was doing anything wrong. He didn't have a
19 suspicious look on his face.
20 DEPUTY DISTRICT ATTORNEY KLINGE: All right.
21 Nothing further.
22 PRESIDING COMMISSIONER GARNER: Nothing fur'::.her.
23 Thank ycu. Mr. Wattley, your turn.
24 ATTORNEY WATTLEY: Thank you. Officer Parker,
you said that sometimes people are, even if not running,
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rushing or hurrying to get to someplace they need to be?
2 They might i t ' s not that unusual to see someone
3 that's moving quickly across the yard, even if they're
4 not running?
j CORRECTIONAL OFFICER PARKER: No. I guess you
6 could say that, no.
7 ATTORNEY WATTLEY: What were you -- where were
8 you on the yard when you saw Mr. XXXXXXXXX running?
9 CORRECTIONAL OFFICER PARKER: I was in front of
10 the dining hall.
11 ATTORNEY WATTLEY: Is that where you would
12 usually be at that time of your shift?
13 CORRECTIONAL OFFICER PARKER: Yes. I can't
14 remember what group he was a part of, but he was coming
15 to a group. I was doing an unlock for the group a~d the
16 unlock was almost over. In fact, it was over but I
17 extended i t for a second to let XXXXXXXXX in.
18 ATTORNEY WATTLEY: Oh, so you -- okay. So you
19 saw him coming, and said, oh, he's coming to this group,
20 let me give him a minute to get in?
21 CORRECTIONAL OFFICER PARKER: Yeah.
22 ATTORNEY WATTLEY: Okay. Did you interpret that
23 as \vhy he was running -- moving quickly? Well, you say
24 he was running, why he was running to that group?
25 CORRECTIONAL OFFICER PARKER: Yeah, that was my
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interpretation.
2 ATTORNEY WATTLEY: Okay. You said that you
3 confiscated the soups because when you encountered
4 Mr. XXXXXXXXX he didn't have proof that they were his,
5 you thought that they may have belonged to someone else,
6 I guess?
8 ATTORNEY WATTLEY: And that's why you held on to
9 them?
11 ATTORNEY WATTLEY: But when he brought you the
12 receipt you gave them back to him?
14 ATTORNEY WATTLEY: And you said before you hadn't
15 -- you didn't see him get it from anywhere else and you
16 didn't see him give it to anyone else?
17 CORRECTIONAL OFFICER PARKER: That 1

s correct.
18 Had I seen that, I probably would have wrote a 115 to
19 both individuals, but I didn't see that so
20 ATTORNEY WATTLEY: So you also said that there
21 had been other times when you confiscated things that
22 people had that -- I think you were asked if it's
23 unusual to see someone with 40 soups at a time, and you
24 said there had been some times when you see people with
25 excessive items and you have confiscated them at times?
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CORRECTIONAL OFFICER PARKER: Yes.
2 ATTORNEY WATTLEY: Were those instances in which
3 the person didn't have proof that it was their property,
4 or was it they were in the middle of exchanging? Can
5 you just describe what those circumstances might have
6 been?
7 CORRECTIONAL OFFICER PARKER: I 1

ve had instances
8 where inmates were exchanging and I wrote them up. I've
9 had instances where i t was just I caught them before
10 they were able to do that and I just gave them a 128 or
11 115 depending upon their interaction with me and hov1
12 receptive they are to counseling. But I've had -- I've
13 had both instances occur.
14 ATTORNEY WATTLEY: Okay. And you said your -- I
15 think you said your practice is not to facilitate,
16 condone, allow inmates to exchange items like this?
17 CORRECTIONAL OFFICER PARKER: That's correct.
18 ATTORNEY WATTLEY: That includes canteen items,
19 not just appliances and things like that? You don't let
20 them exchange anything?
22 ATTORNEY WATTLEY: Do you believe that there
23 if someone \"ere to say i t ' s common practice that
24 officers will allow that kind of -- those kind of
25 exchanges, \"ould you think that i.,iould be accurate or
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not? Even if it's not your practice, do you think i t ' s
2 common?
3 CORRECTIONAL OFFICER PARKER: That officers allow
4 i t or that they do it? I mean, I know they do i t but I
5 don't knov-1 I can't say firsthand what other officers
6 do and don't.
7 COMMISSIONER MONTES: When you say they do it,
8 are you referring to the inmates do it?
9 CORRECTIONAL OFFICER PARKER: The inmates. Yeah,
!O the inmates do it, I know they do it, but when I see it
11 my practice is to stop i t .
12 ATTORNEY WATTLEY: Okay. But you said that's not
13 even why you took them from him, took the soups from
14 Mr. XXXXXXXXX.
15 (INAUDIBLE) (Inaudible) .
16 ATTORNEY WATTLEY: I don't believe it is. He
17 said he took them because he didn't have proof that they
18 were his.
20 ATTORNEY WATTLEY: Okay. I don't have any other
21 questions, Commissioner.
23 you. Just one last chance over here to this side.
24 DEPUTY COMMISSIONER MAHONEY: Just to clarify.
So you didn't take the property away because you thought
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he was going to be trading. You took it away because
2 you thought it didn't belong to him; is that correct?
3 CORRECTIONAL OFFICER PARKER: I wasn 1 t sure if it
4 had already been traded or if it was his or not. I just
5 wanted to verify i t was his because
6 DEPUTY COMMISSIONER MAHONEY: So if he had a
7 receipt would you have taken i t away from him at that
8 point?
10 DEPUTY COMMISSIONER MAHONEY: Okay. That's all.
12 Commissioner Montes, anything else?
13 COMMISSIONER MONTES: Even if the inmate told you
14 that he owed someone 40 soups, that wouldn 1 t have raised
15 your radar, on your radar?
16 CORRECTIONAL OFFICER PARKER: I guess my
17 assumption with his question was if he had the receipt I
18 was assuming maybe he would have came from canteen or
19 something, But if he told me that he had 40 soups then
20 I'd have looked into it. But if he has a receipt then
21 it's his. I'm not going to take his property, no.
22 DEPUTY COMMISSIONER MAHONEY: I'm going to jump
in. So like if you -- everything is the same, he has
24 the receipt, he said I'm going to trade the items with
25 someone, would you still write a 128 for him at that
1\lorlhern c:al~furnia C'our/ J(ejJO/'/Cl'S

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point or not, if he had the receipt?
2 CORRECTIONAL OFFICER PARKER: Yeah, I'd still
3 write the 128, but I wouldn't confiscate them because
4 they're his property and I'm not going to take something
5 that's his. At that point I know that he didn't receive
6 it from another inmate.
7 DEPUTY COMMISSIONER MAHONEY: Okay.
8 PRESIDING COMMISSIONER GARNER: All right. very
9 good.
10 DEPUTY DISTRICT ATTORNEY KLINGE: So I'd like to
11 add one more.
12 DEPUTY COMMISSIONER MAHONEY: Pardon me?
13 DEPUTY DISTRICT ATTORNEY KLINGE: May I add one
14 more?
I5 PRESIDING COMMISSIONER GARNER: tve' re going to
16 end i t at some point.
17 DEPUTY DISTRICT ATTORNEY KLINGE: Yes.
18 PRESIDING COMMISSIONER GARNER: And I think this
19 is the point.
20 DEPUTY DISTRICT ATTORNEY KLINGE: All right.
21 That's fine.
22 PRESIDING COMMISSIONER GARNER: No, v.,re're going
23 to go to closing statements. If you have a concern, put
24 it into that.
25 DEPUTY DISTRICT ATTORNEY KLINGE: Thanks.
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PRESIDING COMMISSIONER GARNER: Closing
2 statements, starting with lvJs. Klinge.
3 (INAUDIBLE) I'm sorry. You might want to
4 (inaudible).
5 PRESIDING COMMISSIONER GARNER: Oh, first to ask,
6 anyone have any other questions of Officer Parker?
7 DEPUTY DISTRICT ATTORNEY KLINGE: I was just told
8 I can't, but I'm --
9 CORRECTIONAL OFFICER PARKER: No. No, thank you,
10 Commissioner.
11 PRESIDING COMMISSIONER GARNER: Point taken,
12 thank you. All right. Officer Parker, we do thank you
13 for coming today.
14 CORRECTIONAL OFFICER PARKER: All right.
15 PRESIDING COMMISSIONER GARNER: Thank you for
16 helping us.
17 CORRECTIONAL OFFICER PARKER: All right. Thank
18 you.
19 DEPUTY DISTRICT ATTORNEY KLINGE: So i t ' s my --
20 50 it 15 -- it' 5 my understanding at this phase \.,ie' re
21 addressing (inaudible) the conduct itself; is this true?
22 PRESIDING COMMISSIONER GARNER: The conduct
23 itself and anything that would relate to suitability or
24 unsuitability.
25 DEPUTY DISTRICT ATTORNEY KLINGE: (Inaudible).
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COMMISSIONER MONTES: This is phase two.
2 DEPUTY COMMISSIONER MAHONEY: Let's go off record
3 for a second (inaudible)
4 PRESIDING COMMISSIONER GARNER: Well 1 hang on a
5 second. Are you going to be discussing something? If
6 so, we need to clear the room out.
7 COMMISSIONER MONTES: Yeah, I t.hink we need to be
8 on the same page as to what we're doing in this phase.
10 DEPUTY COMMISSIONER MAHONEY: Off the record.
11 (Off the record.)
12 DEPUTY COMMISSIONER MAHONEY: Back on record.
13 It's 9:35.
15 you. And again, this is in the matter of Mr. XXXXXXXXX.
!6 All part:ies previously in the room have returned, giving
17 the Panel. a moment to discuss a few process items that
JS v..'e are noi,1 ready for the closing statements, starting
19 with Ms. Klinge. And basically, if it will help in any
20 way, essentjally there's two questions essentially, your
21 feelings \,,ith respect to did the conduct occur, and
22 secondly if the conduct question is resolved, then
23 whether or not you think it is appropriate for the Panel
24 to consider ~o affirm or rescind the grant, and we will
25 consider after everyone has had the opportunity for
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close.
2 DEPUTY DISTRICT ATTORNEY KLINGE: The only
3 question I have then is because counsel indicated his
4 client would speak on the second half of whether if the
5 conduct is deemed to have occurred and rise to a level
6 of -- the point of -- I'm confused s t i l l . Are we doing
7 the whole thing now?
8 PRESIDING COMMISSIONER GARNER: Mr. XXXXXXXXX is
9 going to be doing his statement, if he chooses, as a
10 close. Once all three of you have done it, if you
11 choose to, we' 11 recess, bring everybody back, we' 11
12 announce our decision, and that's it.
13 DEPUTY DISTRICT ATTORNEY KLINGE: So there Is no
14 opportunity for him to answer questions of the Panel
15 regarding behavior or be questioned about it?
16 PRESIDING COMMISSIONER GARNER: That 1 s already
17 been done so i t won't be done again.
18 DEPUTY DISTRICT ATTORNEY KLINGE: The inmate has
19 been questioned about the 12 8?
20 PRESIDING COMMISSIONER GARNER: We had questions
21 that anyone could have asked.
22 DEPUTY DISTRICT ATTORNEY KLINGE: Of the inmate?
23 But he's not - -
24 PRESIDING COMMISSIONER GARNER: He's not
25 speaking.
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DEPUTY DISTRICT ATTORNEY KLINGE: He was speaking
2 i::o the suitabilii::y issue.
4 DEPUTY DISTRICT ATTORNEY KLINGE: I'm not trying
5 to be difficult.
6 PRESIDING COMMISSIONER GARNER: But you are.
7 COMMISSIONER MONTES: No, it's a good point.
8 PRESIDING COMMISSIONER GARNER: Yes.
9 COMMISSIONER MONTES: I'm a little unclear on
10 what he will and will not speak to. He was not going to
11 speak at all or he was just not going to speak to the
12 question as to whether or not the conduct occurred?
13 ATTORNEY WATTLEY: He was definitely not going to
14 speak as to the faci::-finding.
15 COMMISSIONER MONTES: Okay. Yeah.
16 ATTORNEY WATTLEY: And if it became necessary for
17 him to speak or clarify something as to the disposition,
18 then he would speak. But we determined it's not
19 necessary so he v1on' t be speaking.
20 PRESIDING COMMISSIONER GARNER: Other than if he
21 chooses to make closing statement.
22 ATTORNEY WATTLEY: Unless he chooses to make a
23 statement, true, which he doesn't, but --
24 COMMISSIONER MONTES: So i t would only be if the
25 grant 1·1ere rescinded, then there would be (inaudible).
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DEPUTY DISTRICT ATTORNEY KLINGE: The grant's
'.2 rescinded and so --
J DEPUTY COMMISSIONER MAHONEY: The grant's
4 (inaudible) .
5 COMMISSIONER MONTES: (inaudible} he's going
6 to have to answer questions at some point, but --
7 PRESIDING COMMISSIONER GARNER: {Inaudible)
8 ATTORNEY WATTLEY: That's for sure.
9 COMMISSIONER MONTES: Right. Okay.
I0 DEPUTY DISTRICT ATTORNEY KLINGE: Okay. Well,
11 this is just a completely different procedure than has
12 been done in the past, and then that was explained to me
13 last week, but I'm just going to roll 1r1ith i t because i t
14 seems to be different at every single rescission hearing
15 I show up for. This isn't really what makes sense to me
16 mentally because it's supposed to be a two-part
17 decision, but I "rtill do the best I can under the
18 circums~ances that you are deeming for procedure today.
19 Okay. I don't have any question that the inmate was
20 running across the yard with 40 soups, and I don't think
21 there's any question that he said he owed them to
22 someone. The 128 looks different than a 115. A 128 is
23 a counseling chrono that can be used to advise inmates
24 that their behavior is something that if i t occurs again
or escalates would result in a 115. It's a subjective
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type of call by a correctional officer on how they want
~ to issue those. So all the submissior.s by counsel or
3 (inaudible) about the 128 behavior didn't occur it was
4 forward thinking and the examples about of how you can
5 be drunk and say you're going to drive your car but
6 you're not guilty of drunk driving is kind of far off
7 point, because we' re not here to pro\1e something beyond
8 a reasonable doubt; we're not here to prove that. What
9 we're here to look at is did conduct occur that was at
10 the level that would -- warranted warning and counsel?
11 And i t did. The inmate was running across the yard with
12 40 soups, canteen had been closed. Clearly the officer
13 was within his right to investigate this. Once the
14 inmate said he owed someone 40 soups and your ov.. n 1
15 admissions can be used to prove conduct, then it clearly
16 falls under the sentence, "An inmate may not exchange,
17 borrow, loan, give away, or convey personal property to
18 or from other inmates." So he clearly stated, I owed
19 somebody 4 0 soups. That's why I have these 40 soups,
20 that's what I'm going ~o do with them, I'm giving them
21 to somebody else. So it doesn't have to be completed
22 conduct to rise to the level of a 128, and we're looking
23 at the behavior that occurred, not necessarily the
24 technical violation. I think when Panels are evaluating
25 suitability for parole and they're looking at 115s or
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128s, in certain circumstances you may be looking at the
2 exact violation, but most incidences you' re trying to
3 evaluate whether the inmate's behavior over the course
4 of their incarceration has changed enough to assure the
5 Panel they're not a risk to society, an unreasonable
6 risk i.:o society, and that they have ameliorated their
7 impulsivity 1 if that's what caused the life crime or the
8 other aspects of their character defects that caused the
9 life crime. Overarchingly on this one, \o:hat I'd like
10 the Panel to consider is, I i,,1as at the hearing in 2015.
11 I found it a thin grant. I know that the SB 260 factors
12 were considered. Part of my argument was, yes, but as
13 this inmate aged in custody, he continued to get serious
14 violations. Just going back to 2003, 2005, two
15 cellphones in 2009, then a 128B, visiting room in 2013
16 was discussed. And the inmate had actually been asked,
17 on page 52 of the Board hearing by Deputy Commissioner
18 Hurd, "Are there any other disciplinaries? Are there
19 any other acts of misconduct for which you were not
20 caught, something lhat you've already mentioned I
21 believe with the Commissioner that we would not know
22 about? Are there any other acts of violence that were
23 not caught?" So there was a whole overarching question.
24 Is there anything else out there that we need to know
25 about? And this inmate had been informed two weeks
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before this hearing that he was getting a 128 that had
2 not been discussed in l..he hearing, and he did not bring
3 it up. So I find that is something that the Panel needs
4 to look at going to his institutional behavior and
5 whether or not he (inaudible) admitted that he was still
6 facilitating kiting some things to l..he gang until 2008
7 or 2009, which was different than 111hat he had said at
8 prior hearings. So the Panel I would ask to look at his
9 overarching history, his behaviors, his continuing
10 conduct despite being SB 260, he had aged considerably
11 when he had the cellphone i,..1 hen he (inaudible), when he
12 had the incident in the visiting room. And then when he
13 had this 115, what was concerning is he did not
14 volunteer this information. And the clinicians
!5 themselves, when they came out at a moderate risk, spoke
16 to the fact, on page 9, at one point, that although he'd
17 continued disciplinary problems reflecting impulsivity
18 and willingness to violate rules he considered minor as
!9 recently as 2013, they noted that he'd demonstrated also
20 increased amenability towards rehabilitation options,
21 but the clinician didn't know that he had this incident.
22 And the clinician said, "There's a clear relationship
23 between this inmate's social decisions and his future
24 risk of involvement:. in overt acts of violence.'' And
25 this i,..1 as another social decision, and "'e don't:. know why
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he owed somebody soups, we don't know why he chose to
' run across the yard to pay that debt, i-Je don't know
3 what's going on there. And for whatever reason it is,
4 he was still making decisions that demonstrate the
5 concern that the clinician pointed out. The clinician
6 also spoke to this again on the top of page 11 of 14 and
7 said, "Once again," not knov1ing about this incident in
8 2015, "he does not present as an impulsive man, per se,
9 although his actions with his girlfriend in 2013 suggest
JO he does not fully consider the ramifications of his
II actions at times," which, once again, this is another
12 example of that. And I think while counsel likes to --
13 will want to isolate each and every behavior and look at
14 them solely alone, v1hich then does make them more de
15 minimis in action, this might have been the tipping
16 point for the Panel if they'd known about it in looking
17 at everything, the totality of the circumstances. And
18 with that I'll submit.
19 PRESIDING COMMISSIONER GARNER: Thank you.
20 Mr. Wattley?
21 ATTORNEY WATTLEY: Thank you. Frankly 1 this is a
22 proceedi~g that's difficult not to get upset about. The
23 absurdity of the proceeding is a challenge. Tflhen you
24 look at the entire record here 1 someone who was 16 when
25 he committed a murder, we' re trying to decide >vhether
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he's still dangerous 24 years later, not because he's
2 engaged in violent misconduct, not because he's actively
3 involved in any kind of gang activity which were the
4 circumstances of the crime, but because he had 40 soups
5 that he said he owed somebody else. And just to say
6 that is to demonstrate its absurdity. Yet here we are.
7 I mean, the traditional process through kJhich a rule
8 violation leads to a rescission hearing is 'f

l- it is
9 something that falls more within the area of reportable
10 information that is serious in nature. In fact, the
11 regulation, 2LJ51, gives some examples of disciplinary
12 conduct that would be considered serious enough to
13 v1arrant possibly rescinding a date. Assault i-.iith a
14 weapon, escape, physically assaultive behavior,
15 possession of a weapon without permission, possession of
16 controlled substances without a prescription, attempt to
17 escape, urging others to participate in a riot,
18 destruction of property; those are some of the examples.
19 We don't have any of that, nothing close to that. The
20 reason that ~his -- a reason that this proceeding should
21 not result in the rescission of Mr. XXXXXXXXX's parole
22 grant is because we don't even have a rule violation.
23 You had statements that these are my soups and I owe
24 them to someone else. The 128A is written as possession
25 and exchange. Clearly Mr. XXXXXXXXX hadn't exchanged
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them with anyone, and he possessed his own property.
2 You had Officer Parker admit that he only took them from
3 Mr. XXXXXXXXX because he didn't at that point see a
4 receipt pro'\ring they were his. Not because he had said
5 -- and he had already said, I'm going to give them to
6 someone else. And he gave them back to him after he
7 produced the receipt; there's no dispute about that.
8 And when you look at the receipt, by the way, it
9 actually shows Mr. XXXXXXXXX bought 100 soups that day,
10 and I have a copy of i t in case you haven't found i t in
11 the record. And if you look at his history of canteen
12 draws, i t ' s not unusual for him to buy that quantity.
13 You also heard Officer Parker acknowledge nothing about
14 Mr. XXXXXXXXX's demeanor, his attitude, his statements,
15 indicated that he was trying to hide anything, that he
16 was being confrontational, that he was being
17 disrespectful, that he v:as lying about anything. He
18 knows Mr. XXXXXXXXX as a programmer. I think it's also
19 undisputed that he never saw Mr. XXXXXXXXX give this
20 property to anyone else or get it from anyone else. You
21 don't have a rule violation. He had not exchanged
22 anything. By the way, that rule almost always applies
23 when people are talking about heavier electrical
M appliance items, never canteen items. I mean, I've been
25 doing this a long time. I've never ever seen anyone
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given even a 128 for something like this, ever. I've
2 al;.;ays know that i t ' s very common for inmates to
3 exchange and share canteen items every month. I don't
4 know an inmate that has not done that, and I've never
5 seen anyone written up for i t . But he hadn't even done
6 that yet. He was written up for saying he was goi~g to.
7 That's not a rule violation, so that's the one that
8 fairly easiest disposition is you find there wasn't
9 actually a rule violation. This conduct was not a rule
10 violation. And by the 'day, if you heard it, the Deputy
ll DA conceded this wasn't a rule violation, but look at
12 the behavior and then she wants to try to tie it to
13 other things. She had to back off of her wild
!4 accusations and allegations that this was somehow gang-
15 related. You know why? Because the investigation
16 confirms that it wasn't. By the way, this is something
17 that I stated in my letter of January 19th, that this
18 investigation was completed on September 11th, 2015.
19 The en bane reviev1 took place 11 days later. Why did we
20 not have this investigative report? This is a report
21 that completely undermines certainly everything she had
22 to say at the en bane. But any suggestion that there
23 was anything criminal, anything gang-related at all in
24 this conduct, had this been presented to us we would
r_) have had very strong evidence that probably would have
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convinced the Board there is no reason to continue with
2 the rescis.sion hearing. We already know, we've already
3 answered this question. And I'm concerned that we
4 didn't get this, didn't get it until almost 90 days
5 later, I think, December. But nevertheless it wasn't a
6 rule violation, and even if i t had been, the other
7 question of, well, does this show that he's dangerous?
8 Clearly, Officer Parker didn't think so. Dido' t think,
9 oh, I need to go see w.ho he's giving i t to, what's this
10 about? Does he owe somebody? What does he owe someone
11 for? He knows Mr. XXXXXXXXX is a programmer, not
12 someone who' .s involved in gang activity, and the
13 in1,restigation clearly backs that up. Any further
14 speculation about gang activity was clearly discussed at
15 length \o.1 ith Commissioner Peck at the parole grant
16 hearing on May 28th. Mr. XXXXXXXXX discussed all, as
!7 they acknowledged, the things that he didn't have to
18 identify, act.ivities from the past, and the
19 Commissioners were satisfied that he had ended any kind
20 of gang-related activity as of 2008, 2009, undisputed.
21 And those who know Commissioner Peck know he spends a
22 lot of time analyzing a case from front to back and side
23 to side to make sure that if there 1

s any lingering gang
24 issues that comes up. He was satisfied, said that many
25 times in the hearing. So there's -- no other evidence
l 1iorthern Cal!fornio Court RejJOtlers

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has come in at all to indicate this was anything other
2 than what it was, and none of that shows that
3 Mr. XXXXXXXXX is dangerous. And I think i t ' s
4 disingenuous in part, maybe worse than that, but to
5 suggest that Mr. XXXXXXXXX knew there was a 128 and he
6 just hid that from the Board. He didn't get i t until
7 after the hearing. I mean, there's a question about why
8 in the world i t would take 15 days or something like
9 that for the officer to >-Jrite the 128, but nevertheless
10 -- actually I think i t ' s like 16 days. But
11 nevertheless, Mr. XXXXX>~XXX didn't misrepresent that
12 he'd gotten anything. He didn't have anything like
13 that. Officer Parker said, I told him I was going to
14 write him. Maybe he did; I'm not sure that's accurate.
15 At this point that's what the 128 says 1 so I'm sure
16 i t ' s not surprising that he would testify today and
17 rerr.ain consistent with that. But as long as I've known
18 Mr. XXXXXXXXX, and we have been through some -- more
19 than one hearing; we've had a couple of hearings -- I've
20 seen the progress. He's always been open with me about
21 i,.rhat's going on, 1,o.1hat might be going on. That's
22 something we would have discussed in the hearing had he
23 knov;n about it, so there's certainly no evidence that he
24 was trying to hide anything. Clearly, he didn't ge~ the
25 128 until after the hearing. It clearly doesn't show
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that he's dangerous. The circumstances around this have
2 nothing to do with the things that made him dangerous in
3 the past, and you have to affirm this date so that he
4 can finally go home. Thank you.
5 PRESIDING COMMISSIONER GARNER: Thank you.
6 1'lr. XXXXXXXXX, do you wish to make any type of closing
7 statement today?
8 INMATE XXXXXXXXX: No, I agree with what he said.
9 Thank you.
11 you. The time is now approximately 9:55 a.m. The Panel
12 is going to recess for deliberations.
13 R E c E s s
14 --oOo--
15
16
17
18
19
20
21
22
23
24
25
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D E C I S I 0 N
3 DEPUTY COMMISSIONER MAHONEY: We're back on
4 record.
s PRESIDING COMMISSIONER GARNER: All right. Thank
6 you. The time is now approximately 10:36 a.m. \lie' re
7 back on the record in the matter of Mr. XXXXXXXXX.
8 Mr. XXXXXXXXX and Mr. Wattley, during the deliberations
9 the Panel has determined that with respect to
10 Mr. XXXXXXXXX that we don't find any good cause to
11 rescind the date. Therefore, it is the Panel's
12 recommendation that the grant of parole be upheld. And
13 that does conclude the Panel's decision. Obviously, we
14 do have the review period that will still be present.
15 That's the 120-day review period t1here

1 it goes to
16 Decision Review and then an additional 30 days beyond
17 that for the Governor 1 s review. All that being said,
18 it's fairly short, but it is now approximately 10:37
19 a.m. and that does conclude our proceedings today. Good
20 luck to you, sir.
INMATE XXXXXXXXX: Thank you.
24
_,
r xxxxxx xxxxxxxxx H-XXXXX DECISION PAGE 1 1/22/16
1Vor1her11 C'a/ifornia Court l~eJJorters

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JO BOARD OF PAROLE HEARINGS (BOARD) ANNOUNCED AT YOUR
]] RECENT BOARD HEARING AND IS PROVIDED TO YOU IN
13 (A) ( 4) , AND CALIFORNIA CODE OF REGULATIONS, TITLE 15,
21 CALIFORNIA CODE OF REGULATIONS, TITLE 15, SECTION 2042.
24 PURSUANT TO PENAL CODE SECTIONS 3041. 1 AND 3041. 2.
25 xxxxxx xxxxxxxxx H-XXXXX DECISION PAGE 2 1/22/16
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CERTIFICATE AND
I, Rebecca Herron, as the Official Transcriber,

Hearing of:
xxxxxx xxxxxxxxx
CALIFORNIA STATE PRISON, SOLANO
VACAVILLE, CALIFORNIA
JANUARY 22, 2016
8 :56 A.M.
transcription.
Rebecca Herron
February 3, 2016
1\'orthern C'alifornia Court Re1Jorters

Grant
STATE o~· CALIFORNIA
ln the matter of the Life CDC Number: c-xxxxx

Terrn Parole ~onsideration
Hearing of:
xxxxxx xxxx
CALIFORNIA HEALTH CARE FACILITY
STOCKTON, CALIFORNIA
JANUARY 21, 2016
8:50 A.M.
PANEL PRESE!-JT:
MARISF.:LA !vJON'l'ES, Presiding Commissioner

STEftJART GARDNER, Deputy Commissioner
OTHERS PHESENT:
XXXXXX Inmate
XXXX,
DAVID DAHLE, Deputy District Attorney
- - - - -No See Heview of Hearing

_ _ _ _ _ Yes Transcript r.-Jemorandum
IJEBBIE LIVENGOOD, Transcriber, NCCR

2
I N D E X
Proceedings .. 3
Case Factors. 25
Po s t - Co mm :i_ t n1 en t Factors. 43
Parole Plans . . . . . . . 58
Pe(:ess . . . 78
Decision. 79
Adlournment. 89
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2 DEPUTY COMMISSIONER GARDNER: \'le' re on record.
3 PRESIDING COMMISSIONER MONTES: Okay. Good
4 morning, everyone. It's January 21st, 2016,
5 approx.irnate.ly 8:50 a.m. We're here for the Fourth
6 Subsequent Hearing for Mr. XXXXXX XXXX who is present
7 with us all.he California Health Care Facilily in
8 Slockton. Mr. XXXX, I'm aware you have some hearing
9 difficulties. Can you hear me okay?
10 INMATE XXXX: Yes, ma'am.
11 PRESIDING COMMISSIONER MONTES: Okay. Excellent.
12 tvlr:. XXXX vJas received April 25th, 1984 from Los Angeles
13 County for contra] ling offense of Murder in the First
14 Degree i11 case number A904154 that resull::.ed in a
15 sentence of 25 years to life, plus a one-year penalty
16 enhancement for the Use of a Deadly lrJeapon. 'fhe nlinimum
17 eligible parole date v1as l'-:lay 20th, 2001 and Lhe victim
18 of his (:ommiln1enl offense was 79-year-old Russell
!9 XXXXXXX wl10 was his landlord at the time of the in.stant
20 offense. This hearing is being audio recorded so let's
21 have everyone introduce themselves for the record.
22 State your full name, spell the last name and add your
23 CDCR nun1bec v1hen we gel to you, Mr. XXXX. My name is
24 Marisela Montes, M-O-N-'l'-E:-S, Commissioner.
25 DEPUTY COMMISSIONER GARDNER: Deputy Commissioner
Northern Ca!{/i1rnia (:our! J?efJVrlers

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Stewart Gardner, G-A-R-0-N-E-R.
2 INMATE XXXX: xxxxxx xxxx, x-x-x-x, c-xxxxx.
J ATTORNEY IYAYI: Daniel Iyayi, 1-Y-A-Y-I,
4 attorney for l"1r. XXXX.
5 PRESIDING COMMISSIONER MONTES: And on video v1e
6 have?
7 DEPUTY COMMISSIONER GARDNER: Can't hear you,
S Dc:ive. You're muted at your end.
9 PRESIDING COMMISSIONER MONTES: Yuu're muted,
!O Mr. Dahle. Can you hear us?
11 DEPUTY DISTRICT ATTORNEY DAHLE: Great. I hadn't
12 clicked the button. David Dal1le, D-l\-H-L-E, Depuly
13 District Atlorney, Los Angeles County.
14 DEPUTY COMMISSIONER GARDNER: Perfect.
15 PRESIDING COMMISSIONER MONTES: C:xcellent. Thank
16 you. So we have two correctional officers today that
!7 arc present with us for security purposes as well.
!8 Mr. XXXX, we've reviewed your ADA issues. We've
19 reviewed our DECS database and we noticed a request for
20 assistance that you signed on September tt1e 9th, 2015
21 and we r10Le Lt1ere are some hearing issues. You do or
22 you are wearing your hearing vest I see. Are you
23 lvearing your hearing aids today?
24 INMATE XXXX: I am.
25 PRESIDING COMMISSIONgR MONTES: Okay. So you
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have your hearing aids and you also have the assistive
2 headphones.
3 INMATE XXXX: Yes.
4 PRESIDING COMMISSIONER MONTES: Hearing
5 headphones as well. And we aJ.so -- I was a little
6 co11fused about your TABE score because l saw a score of
7 9.0 on some (1ocuments and Lhen l sa''' a lor.ver Lesl score
8 elsewhere. Can you clear up that confusion at all?
9 INMATE XXXX: Well, I can hear you. I was
10 wondering (inaudible) the test score.
11 PRESIDING COMMISSIONER MONTES: You were
12 wondering af)out l-Ihat?
IJ INMATE XXXX: The other test score.
14 PRESIDING COMMISSIONER MONTES: The other test
15 score?
16 INMATE XXXX: You said it was differenl in other
17 places?
18 PRESIDING COMMISSIONER MONTES: Yeah. In another
19 place i t v1as inuch lower. lt was like 0.0 so I thought
20 maybe you didn't show up for the test or something.
21 INMATE XXXX: I don't remember Lhat.
22 PRESIDING COMMISSIONER MONTES: Okay. So 9.9
23 sounds correct to you?
24 INMATE XXXX: Sounds correct.
25 PRESIDING COMMISSIONER MONTES: Excellent. Okay.
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So there is 110 cognitive issues that I'n1 aware of. All
2 righL. The Panel also notes that you wear glasses.
J INMATE XXXX: Yes.
4 PRESIDING COMMISSIONER MONTES: Do you have those
5 tvil h you today?
6 INMATE XXXX: Yes.
7 PRESIDING COMMISSIONER MONTES: AJl right. So
8 for lhe record, Mr. XXXX has his hearing aids, glasses,
9 vest, assisL.lve headphones, and l also understand you
10 are undergoing dialysis, correct?
11 INMATE XXXX: Yes.
12 PRESIDING COMMISSIONER MONTES: Now when do you
13 receive that treatment, t·1hat time of day?
14 INMATE XXXX: Late afternoon on Monday, Wednesday
15 and Friday.
16 PRESIDING COMMISSIONER MONTES: Oh, okay. So you
17 had it
18 INMATE XXXX: Yesterday.
19 PRESIDING COMMISSIONER MONTES: Yesterday, okay.
1/Janl 1
20 to make sure that we don t miss any appointments.
2! AlJ eight. Mr. Iyayi -- well, let me ask you one last
22 qunstion, sir. Are you taking any medicatior1 that would
23 imµaj.r your ability to ans1ver questions today?
24 INMATE XXXX: No, ma'am.
25 PRESIDING COMMISSIONER MONTES: Okay. Mr. Iyayi,
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J think given his physical disabilities, they have been
2 accommodated through the use of all of the assistive
3 devices I r10Led earlier. ls there anything else tl1at we
4 need to be alvare of?
5 ATTORNEY IYAYI: Not at this time, Commissioner.
6 PRESIDING COMMISSIONER MONTES: All right. Thank
7 you, sir. Now, the Panel has reviewed both the 65 day
8 and the ten-day Hearing CheckJist. tvlr. Iyayi, v1er.e you
9 abJe to review those documents as well?
10 ATTORNEY IYAYI: Yes, Corrimissioners.
12 you. And what af-..Jout you, Mr. Dahle, were you able to
13 access all those documents as well?
14 DEPUTY DISTRICT ATTORNEY DAHLE: Yes,
15 Comm.i ssioner. I have both packets.
16 PRESIDING COMMISSIONER MONTES: Excellent. Is
17 there additjonal documentation to be introduced today?
18 ATTORNEY IYAYI: Yes, Cornmissioners. We do have
19 docuinents ct>nsisting of support letters, relapse
20 prevention plan, some recent certificates and some book
21 rrc:ports i>1r. XXXX did.
22 PRESIDING COMMISSIONER MONTES: Okay.
23 ATTORNEY IYAYI: And we also have a couple of
24 pictures, his grandmother and his son and his ex-wife.
25 PRESIDING COMMISSIONER MONTES: Excellent. Okay.
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So if you would route those to the Deputy Commissioner.
2 And, Mr. Dahle, \<Je will be referencing I think all of
3 these documellts when we get to post-convicLion and
4 parole plans and we are happy to ask tl1e institution to
5 fax any and all documents that you hear referenced that
6 you would like to have copies of to complete your files.
7 Jus l let us know.
8 DEPUTY DISTRICT ATTORNEY DAHLE: I dor1' t think
9 Lhcit will be necessary.
11 DEPUTY DISTRICT ATTORNEY DAHLE: Based on
12 information counsel has provided.
1J PRESIDING COMMISSIONER MONTES: Okay. Excellent.
14 Thank you, sJr. Okay. Do you have any preliminary
15 objections?
16 ATTORNEY IYAYI: Nol at this time, Commissioners.
17 PRESIDING COMMISSIONER MONTES: All riqht.
18 t·1r. XXXX, 1ve have revie1ved a lot of documents in
19 preparation for today's hearing. We've also reviewed
20 the confidenLial portion of your C-file, and if there is
21 anylhjny Lhere that we rely on for our decision, we are
22 required to notice you of thal and so if that becomes
23 thA case, we \•Jill let you know at the lirne of the
24 decisjon, okay?
25 INMATE XXXX: Thank you, Commissioner.
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PRESIDING COMMISSIONER MONTES: All right. So,
2 t"lr. Iyayi, i,1ere you able to go over with your client the
3 11ature and flow of today's proceeding?
4 ATTORNEY IYAYI: I did, Commissioners.
5 PRESIDING COMMISSIONER MONTES: Okay. Sir, do
6 you have any questions about what we are going to cover
7 torJa y?
8 INMATE XXXX: No, Commissioner.
10 you. We're going to move on then. I do want to remind
11 you Lhat we are not here to retry the case or to
12 reconsider the findings of the trial of the Appellate
13 Courts.
14 INMATE XXXX: Okay.
15 PRESIDING COMMISSIONER MONTES: We accept as true
16 all the findings. What we are here to do is to
17 deter1nine whether or not you are suitable for parole,
18 a11d of course, if you're not suitable, then VJe have to
19 delermine the denial length. So it's very important
20 thal you be honest and forthcoming with the Panel so we
21 can make ari i:!Ccurale assessment about your suitability
22 for: parole, okay?
23 INMATE XXXX: Yes, Cornmissioner.
24 PRESIDING COMMISSIONER MONTES: All rigl1t. Let's
25 begin by swearing you in. If you would, sir, please
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J.lorthern C'alifhrnia ('ourt l~e1ior/ers
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raise your right hand. Do you solemnly swear or affirm
2 Lhal Lhe testimony you give at tt1is hearing will be the
3 truth, the whole truth and nothing but the truth?
4 INMATE XXXX: I do.
j PRESIDING COMMISSIONER MONTES: All right. Thank
6 you. The Not.ice of Hearing Rights was signed on
7 Seµtembr:'-r th8 9th, 2015. Mr. Iyayi, have we adequately
S covered your client's procedural rights lhus far?
9 ATTORNEY IYAYI: I believe so, Commissioners.
10 PRESIDING COMMISSIONER MONTES: All right. 'l'hank
11 you. Let's move onto pre-conviction factors. Mr. XXXX,
!2 I have your current age as 56; is that accurate?
13 INMATE XXXX: Yes, Co1n1nissioner.
14 PRESIDING COMMISSIONER MONTES: Okay. You were
15 born on July 2nd, 1959?
16 INMATE XXXX: Yes, Commissioner.
!7 PRESIDING COMMISSIONER MONTES: Okay. And the
18 date of the offense was April the 8th, 1983. So that
!9 would put you at what, 23 at the time?
21 PRESIDING COMMISSIONER MONTES: Okay. So you're
22 neither eligible for elderly parole yet nor were you a
23 youthful offender at the time.
INMATE XXXX: Yes.
25 PRESIDING COMMISSIONER MONTES: So you' re neither
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fish nor fowJ So you're in belweer1.
2 INMATE XXXX: Yes, rnu'am.
J PRESIDING COMMISSIONER MONTES: Just a regular
4 Suitability Hearing. All right. That's the reason I
5 asked aboul your age. Okay. This is not your first
6 hearing. Your pre-conviction factors, your family
7 history has been noted and I do wanl to get an update
8 about your current relationships with your family, or
9 any extended family members out in the free community.
lO If you can update us since you -- since your last
II aprJearance tiefore the Board, which I believe was in
12 2011, May of 2011. Does that sound right?
IJ INMATE XXXX: Yes, ma'am.
14 PRESIDING COMMISSIONER MONTES: Okay. So it's
15 been quite a few years. Have there been any possibly
16 any deaths in Lhe family? Has anyone passed away that
17 was previously supportive of your release that you 1-1ere
18 relying on for support in the community?
19 INMATE XXXX: I '11 gladly say, no, Cornmissioner.
20 PRESIDING COMMISSIONER MONTES: You're glad to
21 say no?
23 PRESIDING COMMISSIONER MONTES: Okay, excellent.
24 Okay. So you do maintain apparently a friendly
25 relationship with your ex~wife; is that correct?
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INMATE XXXX: Yeah. We got a really good
2 relationship.
3 PRESIDING COMMISSIONER MONTES: Okay. And how
4 long have you been divorced nov.. ?

1
5 INMATE XXXX: We divorced, I believe i t was 1993.
6 PRESIDING COMMISSIONER MONTES: 1993.
7 understanding that you were married lo her al the time
8 of the crime. You were having some financial
9 difficulties as t.-JelJ., correct?
10 INMATE XXXX: Yes, ma'arn.
11 PRESIDING COMMISSIONER MONTES: And apparently
12 you were in an extrantarital relationship. You 1-Jere
lJ having an afiair.
IS PRESIDING COMMISSIONER MONTES: Correct. And for
[6 whatever reason you didn't tell her about i t and -- but
17 youc bosses knew about it; is that accurate?
18 INMATE XXXX: That's very accurate.
19 PRESIDING COMMISSIONER MONTES: Okay. And did
20 Lhey confror1L you about lt?
21 INMATE XXXX: She asked me about i t and I lied to
22 her and told l1er no.
23 PRESIDING COMMISSIONER MONTES: Oh, okay. Well,
24 let_' s go back to your bosses though. Did your -- oh,
25 your boss was a woman?
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INMATE XXXX: My boss was a woman.
2 PRESIDING COMMISSIONER MONTES: Okay, got you.
3 So yoUr boss asked you about it and you denied Lhe
4 r:eJationship. This was one of your coworkers, correct?
5 INMATE XXXX: Yes, it is.
6 PRESIDING COMMISSIONER MONTES: Okay. And you
7 denied it.
8 INMATE XXXX: Yes.
9 PRESIDING COMMISSIONER MONTES: But I think the
10 boss knew otherv1ise?
11 INMATE XXXX: Yeah. I believe she did.
12 PRESIDING COMMISSIONER MONTES: Right. And they
13 sl·.ai:ted to -- did that affect your work hours at all or
14 anylhj_ng?
15 INMATE XXXX: Certainly it did. She would clock
16 me out like after five hours of work instead of eight.
17 PRESIDING COMMISSIONER MONTES: Oh, so did that
18 impact your f inane es?
19 INMATE XXXX: Yes, i t did.
20 PRESIDING COMMISSIONER MONTES: Okay. Were you
21 lt1e sole breadwinner at the Lime or was your wife also
22 working?
23 INMATE XXXX: No. She worked also.
24 PRESIDING COMMISSIONER MONTES: So you both
25 worked?
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INMATE XXXX: Yes .
2 PRESIDING COMMISSIONER MONTES: Okay. But did
3 you tell your wife about the affair?
4 INMATE XXXX: No, I didn't.
5 PRESIDING COMMISSIONER MONTES: Did you tell her
6 that your hours were being cut?
7 INMATE XXXX: No, I didn't.
8 PRESIDING COMMISSIONER MONTES: Okay. So you
9 i,..•ere having tl:1is other life. Is that pretty stressful I
!O would imagine?
11 INMATE XXXX: Yes, it is.
12 PRESIDING COMMISSIONER MONTES: At home. Your
13 hours are being cut, paycheck isn 1

t what it used to be,
14 having an affair, not telling your wife about it. You
15 have a baby at horne.
16 INMATE XXXX: Yes, ma'arn.
17 PRESIDING COMMISSIONER MONTES: I mean that alone
18 adds a lot of stress. Was tl1at your only child?
19 INMATE XXXX: Yes, ma'a1n.
20 PRESIDING COMMISSIONER MONTES: Your son. Okay.
21 And all riyhL. So thaL's kind of tl1e backdrop .of what
22 v1as going on. But your wife stayed with you; is that
23 r.i.ght'}
24 INMATE XXXX: Yes, she did.
25 PRESIDING COMMISSIONER MONTES: Okay. For how

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many years'?
2 INMATE XXXX: Until 1993.
J PRESIDING COMMISSIONER MONTES: Oh, you did say
4 that.
5 INMATE XXXX: Yes.
6 PRESIDING COMMISSIONER MONTES: So about ten
7 years she stayed rnarried to you.
8 INMATE XXXX: Yes.
9 PRESIDING COMMISSIONER MONTES: She must have
10 really loved you?
11 INMATE XXXX: I could say, yes, she did.
12 PRESIDING COMMISSIONER MONTES: Did you love her?
IJ INMATE XXXX: Yes.
14 PRESIDING COMMISSIONER MONTES: Then wl1y did you
15 get i11volved with this other person?
16 INMATE XXXX: Stupidity.
17 PRESIDING COMMISSIONER MONTES: Stupidity.
18 INMATE XXXX: Yes, very.
19 PRESIDING COMMISSIONER MONTES: All right. l\nd
20 how long did that last?
21 INMATE XXXX: A couple of monlhs, mayhe two
22 months.
23 PRESIDING COMMISSIONER MONTES: Yeah, that can be
24 very tragic because it started a whole downward spiral.
25 You also got involved 1t1ith drugs too. Was it about that
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same time or were you already doing druys?
2 INMATE XXXX: Well, if we can go back a little
J bit? Can we go back a l i t t l e bit?
4 PRESIDING COMMISSIONER MONTES: Let's do that,
5 yes.
6 INMATE XXXX: Okay. After the affair and my boss
7 knew about the affair, I believe she did, that's why my
8 hours v1 ere getting CU t / and so I confronted her about my
9 check because my check wasn't what i t was supposed to
10 be. She said there is nothing she can do. I put in my
!I two 1t1eeks' notice and the next day I come back to tvork,
12 she had me a severance check made and I wasn't on the
13 schedule no inore. Okay, now
14 PRESIDING COMMISSIONER MONTES: You didn't even
15 gel~ t'.vo 1r1eeks.
16 INMATE XXXX: So now I'm out of work. And 1
17 \-Jasn' t loo ntuch v.iorried because things always work out
18 preLLy qood for n1e in the job market, and this time it
19 didn't. Arid I was out of work about two months when the
20 drug tt1ing came along.
21 PRESIDING COMMISSIONER MONTES: ~'Jhat do you mean
22 the dr-uy thing came along?
23 INMATE XXXX: After Christmas 1990 --
24 PRESIDING COMMISSIONER MONTES: 1982?
25 INMATE XXXX: 1982.
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PRESIDING COMMISSIONER MONTES: What happened
2 after. Christmas 1982?
3 INMATE XXXX: Well, 1 decided I was going to have
•l to Jower my self-\·1orth because I wasn't getting any1t1here
5 111ith it in the job market so I had lo lolver i t .
6 PRESIDING COMMISSIONER MONTES: You rnean lower
7 your expecLations?
8 INMATE XXXX: Expectations for hourly wages.
9 PRESIDING COMMISSIONER MONTES: Oh, I see.
JO INMATE XXXX: And that s t i l l didn't work and
11 there vJasn' l nothing good out there. So 1-1i tl1 my
12 arrogance I still tried to hold off because I still had
13 a nice little -- we had a little savings going on there
14 and I was uslng that to pay my part of the bills up
!5 until February '83, '84, '83.
17 INMATE XXXX: And that's when I ran out of money.
18 PRESIDING COMMISSIONER MONTES: So you had some
[9 savinys.
21 PRESIDING COMMISSIONER MONTES: And you \.Vere
22 living on that? You were supplementJ.ng your -- were you
23 pretending -- well, let me back up. Did your wife know
24 that you had quit work, quit your job?
25 INMATE XXXX: She may have an idea but l never
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came out really and told her.
2 PRESIDING COMMISSIONER MONTES: You never -- you
3 were hJding l.hat from her too?
5 PRESIDING COMMISSIONER MONTES: Okay. So you get
6 up and go like you were going to work every day and you
7 really weren' L? You were really looking for work?
8 INMATE XXXX: No. I was looking [or work
9 definiLeJy, definilely, but she r.vould go her way. She
10 wouJd go here 1¥ay. I would go my way anj during Lhe
11 day, you kno 1

r1.
IJ INMATE XXXX: She would go to work. And I '.VOUld
14 qo out and look for jobs, you know, but like I say, I
15 was lazy in doing that because I thought I had a little
16 safety cushion, you know.
17 PRESIDING COMMISSIONER MONTES: You had some
18 savings, okay.
19 INMATE XXXX: It wenl on too long because J ran
20 ouL of rrtoney in February of 1.983.
21 PRESIDING COMMISSIONER MONTES: Yeah. Okay. And
22 Gy tt1js time was your relationship with your coworker
23 ove1 or 1·1as lhat s t i l l going on?
2··1 INMATE XXXX: When I left lhe job, I left that
too.
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PRESIDING COMMISSIONER MONTES: You left that
2 too?
J INMATE XXXX: Yes, ma'am.
4 PRESIDING COMMISSIONER MONTES: All right. But
5 now you've got these other issues. No money coming in,
6 and so how i..1as i t -- 1r1ere you using your savings Lo buy
7 drugs?
8 INMATE XXXX: Well, if I rernember right, I think
9 I had somewhere between 2500 hundred and three thousand
!O dollars in the savings. And I became unemployed in
ll early November 1992, and my portion of the bills
!2 amounted to maybe eight hundred dollars a mor1th and so
1J by - -
14 PRESIDING COMMISSIONER MONTES: So that's only
15 gojng to last about three months.
16 INMATE XXXX: Three months. And so February I
17 paid rent for the last time out of our savings. I paid
18 all rny bills that rnonth of !:ebruary but I was still out
19 of inoney.
21 INMATE XXXX: And so at Lhat point I just took
22 any job that came along. And i t wouldn't cut the
23 mus lard though because it v;asn' t enough.
24 PRESIDING COMMISSIONER MONTES: Okay. Did you --
25 al that l.i1ne 1 did you support yourself by illegal means
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at all?
2 INMATE XXXX: No.
3 PRESIDING COMMISSIONER MONTES: You weren't
4 selling drugs or
5 INMATE XXXX: No.
6 PRESIDING COMMISSIONER MONTES: robbing or
7 burglarizing homes or receiving stolen property or any
8 of that kind 0£ stuff?
9 INMATE XXXX: No, I i,.1asn't, Comrnissioner.
10 PRESIDING COMMISSIONER MONTES: No, you v1eren t?
11 INMATE XXXX: No.
12 PRESIDING COMMISSIONER MONTES: You were
13 aclually, because there is no record of that. You had
14 no juvenile record at all, no violent record. You had
15 one petty theft I think as a juvenile, and then you had
16 no adult record and Lhen you cornmit this horrible crime.
17 So what happens next, as I see it, is you did start
18 using cocaine, right?
20 PRESIDING COMMISSIONER MONTES: And so that's
21 going to che1:1 up your savings pretty fast.
2.l PRESIDING COMMISSIONER MONTES: In fact the
24 doctor, clinician who saw you last said you had a
25 Cocaine Use Disorder.
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INMATE XXXX: Yes.
2 PRESIDING COMMISSIONER MONTES: In a controlled
J iL's controlled here. But so then come March or
4 April, you l..irote a bad check.
5 INMATE XXXX: !'larch.
6 PRESIDING COMMISSIONER MONTES: March, a bad
7 check for your rent Is that what you're leading up to?
9 PRESIDING COMMISSIONER MONTES: All right. So
10 let me go back one second and we' 11 come back to that
!! point of the check. Sir, you're very emotional rlght
\2 00\•I. Can you tell us what that's about? I mean I can
13 see you're very teary and that's okay. I mean that's
14 perfectly normal, just tell us what that's about. Can
15 you do that?
16 INMATE XXXX: No. Just thinking back Lo that
17 time, you know, it seems like I wa.'3 out of control and
18 iL real~y hurts me v1hen I think about it, you knovi.
19 PRESIDING COMMISSIONER MONTES: Okay. So you're
20 Lhjnking back to thal time and r.vhat was your
21 relalio11shiµ like witl1 your son at Lhe time?
22 INMATE XXXX: Oh, he 1va.s a bat_;y, but h_e tvas
23 there, you know, but
24 PRESIDING COMMISSIONER MONTES: Did you spend
25 tin1e with h j 1ri?
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INMATE XXXX: As much as I could. And he was my
2 pride and Joy, you know, my first son, you know, and I
3 loved him and I threw it all out the windo1¥ for
4 sorneLhing I didn't need.
5 PRESIDING COMMISSIONER MONTES: 1\lhich was what?
6 INMATE XXXX: The affair, the drugs, the lying.
7 PRESIDING COMMISSIONER MONTES: And then what,
8 murder -co cover up?
9 INMATE XXXX: And that followed.
10 PRESIDING COMMISSIONER MONTES: Okay. So
II speaking of your son, do you have an ongoing
12 relationship with him?
13 INMATE XXXX: l'Ji th my son?
14 PRESIDING COMMISSIONER MONTES: Yes.
15 INMATE XXXX: Yes, ma' am, very good.
16 PRESIDING COMMISSIONER MONTES: Okay. Does he
!7 1vri te to you or take your phone ca.1 ls, come to visit
18 you'?
19 INMATE XXXX: Yes, along with him and my
20 grandmolhe.r, t.hey've been my number one supporters.
21 PRESIDING COMMISSIONER MONTES: Your grandrnother
22 a:, 111ell. Yo1J're Juclcy to l1ave your grandmother s l i l l .
24 PRESIDING COMMISSIONER MONTES: I-low old is she?
25 INMATE XXXX: Ninety-three.
-----------------------------
1'/orthern C'afijOrnia C.~ourt J?.ejJO/"fers
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PRESIDING COMMISSIONER MONTES: 1-Jow. Yeah.
2 She's been j ri your corner for a long time.
3 INMATE XXXX: Number one.
4 PRESIDING COMMISSIONER MONTES: And i,..rhat about
5 your parents?
6 INMATE XXXX: I beg your pardon?
7 PRESIDING COMMISSIONER MONTES: Your parenls?
8 INMATE XXXX: Oh, rny parents, r,vell, my mother
9 died in 1987 from kidney renal failure, Dnd my clad died
10 in 2005 of a heart attack.
11 PRESIDING COMMISSIONER MONTES: Okay. So you are
12 very fortunate to have your grandma.
13 INMATE XXXX: Yes, I am.
14 PRESIDING COMMISSIONER MONTES: And your son,
15 1vhc~re does he live?
16 INMA'rE XXXX: He lives in Riverside County,
!7 Carrillo.
18 PRESIDING COMMISSIONER MONTES: Riverside County?
20 PRESIDING COMMISSIONER MONTES: All right. We'll
21 get_ to we' 11 talk to him a li Lt le bil more 1.,rhen
22 about him a lj ttle bit more when we get to parole plans.
23 Now, the risk assessment indicated that you graduated
24 from high school.
25 L____ ~NMATE XXXX:

Yes.
J\'orthern C'alifOrnia ('our! Reporter.1·

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PRESIDING COMMISSIONER MONTES: But I thought I
2 saw in lhe classification notes that you did not l1ave a
3 GED or a high school diplo1na.
4 INMATE XXXX: Yes.
5 PRESIDING COMMISSIONER MONTES: Sci which is true?
6 INMATE XXXX: A high school diploma.
7 PRESIDING COMMISSIONER MONTES: So yotJ did
8 graduate but_ have you never provided a copy of your
9 diploma to the prison or something?
10 INMATE XXXX: I really need to bring i t but I
I! didn't bring it. But l do have it over in my
l2 {inaudible).
1J PRESIDING COMMISSIONER MONTES: You have a high
14 school diploma?
16 PRESIDING COMMISSIONER MONTES: Okay. All right.
!7 Okay. Sir, i,1hen you were in tl-1e community, you v1ere
18 never involved wi Lh gangs. There is no evidence of
19 that.. Is that true?
20 INMATE XXXX: No.
21 PRESIDING COMMISSIONER MONTES: And in prison?
22 INMATE XXXX: Gangs was a big part of our
23 con1munity back in the days.
24 PRESIDING COMMISSIONER MONTES: At that time.
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PRESIDING COMMISSIONER MONTES: Okay. And in
2 prison you've never associated with any disruptive
3 groups. Have you been affiliated with any disruptive
4 groups?
5 INMATE XXXX: Well, I never been affiliated with
6 anybody, but over 32 years in prison, you know, I had to
7 run across a couple guys that was involved in gangs but
8 that don't mean that 1 was involved with thetn. I knew a
9 lot of guys, but they involved and they was involved in,
10 you know. I didn't involve myself in that stuff.
11 PRESIDING COMMISSIONER MONTES: Okay. I mean
12 there is no evidence in the record of that.
14 PRESIDING COMMISSIONER MONTES: I just wanted to
15 J-1ear Lhat fro1n you directly. All right. And >vha t about
!6 "'eapons. When you were in the free community, did you
17 ever carry a weapon?
18 INMATE XXXX: l'1o, ma'am. I had no need to.
19 PRESIDING COMMISSIONER MONTES: You didn't?
20 'l'here is no evidence of that either. I'm just
21 co11firming lhat.
22 INMATE XXXX: No, ma' am.
23 PRESIDING COMMISSIONER MONTES: l1/ell, your
24 records -- your record is not indicative of thal. So
25 let's go back to the period in the cri1ne when you
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26
apparently wrote a bad check and the landlord wanted the
2 money. So did you make arrangements to pay him cash or
3 someth.ing or what happened?
4 INMATE XXXX: Okay. The rent was due on March
5 10th.
7 INMATE XXXX: And when he came by, I had maybe a
8 porlion of the rent, and instead of giving him that
9 portion of Lhe rent, I wrote him a check J1oping I had
10 about a good "'leek to come Uf) 1t1ith the other portion of
11 the renl_ and it didn't work out that way. }le came back
12 aboul two days later and told me the rent check was no
13 good which I already knew. And this is a Friday night.
14 His son was out in the car and he came to the door. He
15 said, I' 11 be over Monday 1norning so you can make that
16 check good 1..iith cash. At that time, I didn't really
17 feel like I was going to have it, but I told him, okay.
18 And i.-1hen l1e shoi.-1ed up tvJonday morning, I told him I 1..ias
19 going to need a l i t t l e more time to come up 1..iith this,
20 whal l owed hirn and he got -- he said, well, you don't
21 got no more L i.n1e. I'm done. I'm leaving. I said, v1hat
22 do you mean, you' re done? You're leaving? He said, you
23 don' l have the money and I'm going to start eviction
24 proceedings. At that time, I grabbed him by the arm and
25 I pushed him against the garage, the garage wall. We
·--·-~-------------------- -------
1Vorthern California C'ourl I?.eporter.1·
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was inside the garage, garage wall. And I held hjm
2 there and I'm trying to convince him to give me a little
3 n1ore ti1ne. I don't knov1 how bullying him like that was
4 going to convince him to give me more time but that's
5 "'liat I did anyway. And when I grabbed him, he started
6 sc1 eamJ_ng for help, and when he started screaming for
7 help, T losl iL. I panicked. And so I leL him go and
8 he 1-1as trying to get out of the garage. He running --
9 he's running toward the door and so I armed myself wilh
10 a knife that •t1as laying on the workbench in the garage,
11 and I chased him down and I stabbed him in the back. He
!2 fp] l outside the garage door out in the open, and all
13 this time l remember he's screaming for help, you know,
14 help, help, help. So I dropped the knife and I went out
15 and I dragged him around to the side of the building and
16 dragged hirn Lo the laundry room and he's still hollering
17 for help. So I'm trying to get him quieted down, but he
18 wouldn't quiet down. So I ran back arou11d to the
19 garage, picked up the knife and came back to the laundry
20 room. I put the knife in his face and told him to shut
21 u_p, you kno1r1, slop screaming, stop screa1ning. So he
22 wouldn't so I stabl)ed him one time in tlie stomach and
23 dropped the knife, and he was slill hollering and
24 screaming, still hollering and screaming. So I wanted
25 Lo render hiin unconscious so I went outside the laundry
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room and picked up a brick and tried to render him
2 ~nconscious by bashing him over the head with a brick,
3 and he did quiet down so I left him there, went into my
4 apartment. I'm trying to think what to do, v1hat to do,
5 i,.1haL to do, and while in my apartment, I see Lhese guys
6 coming dovJn the driveway. So I armed myself with
7 another knife fron1 inside the kltchen and went to the
8 back door, and when I opened the door, 1 just threw the
9 knife on the floor and just walked out of the bedroorn
10 tow a rd the guys. They wanted to know what was going on.
11 I told them nothing's going on. So they just kept
12 con1ing toward me. When they came toward me, I just went
13 around them and I left the property.
14 PRESIDING COMMISSIONER MONTES: Okay. You ran?
16 PRESIDING COMMISSIONER MONTES: Hoi.v long was it
17 before they arrested you?
18 INMATE XXXX: Beg your pardon?
19 PRESIDING COMMISSIONER MONTES: How long was it
20 before you got arrested?
21 INMATE XXXX: Actually, l stayed gone for six
22 days.
23 PRESIDING COMMISSIONER MONTES: Six days.
24 INMATE XXXX: Six days, and on that Monday
25 morning, I •.vent and turned myself in.
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PRESIDING COMMISSIONER MONTES: So where did you
2 go for six days?
J INMATE XXXX: I went to stay with a cousin for a
4 week.
5 PRESIDING COMMISSIONER MONTES: In to.,,1n or --
6 INMATE XXXX: Yes, in tov1n.
7 PRESIDING COMMISSIONER MONTES: Okay. Did you
8 te.11 your cousin what happened?
9 INMATE XXXX: He know everything in detail now,
10 you know, bu L
11 PRESIDING COMMISSIONER MONTES: No. I mean at
12 the time, d.i d you tell him 1t1hy you were coining to stay
13 with hi1n?
14 INMATE XXXX: \!Jell, he was just a baby. He was
15 only like two or three?
16 PRESIDING COMMISSIONER MONTES: Your cousin?
17 INMATE XXXX: Oh, I'm thinking about -- you said
!8 my son.
19 PRESIDING COMMISSIONER MONTES: No.
20 INMATE XXXX: Oh, I told my cousin. She was a
2J QiLl.
22 PRESIDING COMMISSIONER MONTES: A girl.
23 INMATE XXXX: Yeah.
25 INMATE XXXX: I told her.
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PRESIDING COMMISSIONER MONTES: Yuu told her.
2 INMATE XXXX: I told her 1 was in trouble and I
3 need some place to stay for a short period of time and
4 she let me stay there.
5 PRESIDING COMMISSIONER MONTES: Okay. l\nd what
6 aboul your wife, didn't she v1onder where you •11ere?
7 INMATE XXXX: Well, when I left when I left,
8 that's '::he first I went to her job. And I didn't
9 tell her exaclly what happened, but I did tell her that
10 I had stabbed Mr. XXXXman and told her I'd tell her the
11 resl later. l jusl wanted her to know so she wouldn't
12 go back to the apartment building and not know what's
13 going on. So the next day I went -- I met her at my
14 mother's home and told her everything in detail then,
15 from the beginning 1oJith the adultery and sluff, you
16 kr10•,,r, everythlng.
17 PRESIDING COMMISSIONER MONTES: Oh, you told her
18 about the affalr?
20 PRESIDING COMMISSIONER MONTES: And the money?
21 D.i.d you lell her about your cocaine use?
23 PRESIDING COMMISSIONER MONTES: So you spilled
24 all lhe beans?
25 INMATE XXXX: She was disappointed, you know.
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PRESIDING COMMISSIONER MONTES: I bet, You were
2 nol >vho she thought she was, wl10 she Lhought you were.
3 INMATE XXXX: Yeah. Thing is I had used up all
4 the money no1,,r, and I'm wanted by the police. And she
5 had no money to go where she needed to go, things she
6 gol to do and, you know. And I left her in a very bad
7 s:ituation, you know, and all because of my inability to
8 tell the truth, you know.
9 PRESIDING COMMISSIONER MONTES: Well, I guess
10 Lhat' s the question is 1.;hy? Why did you -- why did you
I! stab Mr. XXXXman?
12 INMATE XXXX: lriJell, Ms. Commissioner, 1 panicked.
13 PRESIDING COMMISSIONER MONTES: You panicked?
14 INMATE XXXX: I panicked. He told me about the
15 eviction notice and this and this.
16 PRESIDING COMMISSIONER MONTES: So i t sounds like
17 those words, eviction, was the trigger. It sounds like.
18 Just reading the record and listening to you today. Now
19 why -- did you kno ....• 1.vhat that meant at the time?
20 INMATE XXXX: Because at the time when it
21 happened, I still didn't want to tell her what happened,
22 my wife. I still didn't war1t her Lo know what
23 PRESIDING COMMISSIONER MONTES: Oh, you knew that
24 that rneant you would have to tell the truth about
25 everything?
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INMATE XXXX: Exactly.
2 PRESIDING COMMISSIONER MONTES: So iL v..•as the
3 truth you were afraid of not the eviction?
4 INMATE XXXX: Yes, ma'am. I guess I
S was willing Lo go to any means r1ecessary to keep my
6 secrets.
7 PRESIDING COMMISSIONER MONTES; So your very
8 duplicitous life, you know i:1hat that means, right?
9 You'rR st1aking your head up or you're noddlnq your head
10 up and down. You know what that means?
12 PRESIDING COMMISSIONER MONTES: All right.
13 You're :eading this duplicitous lj.fe, dual life and you
14 would do anything to keep your secret including murder?
15 INMATE XXXX: At that point I just lost
16 everything. l knew when I grabbed Mr. XXXXman, when I
17 put my hands on hiin tJ-1e first time, I had a feeling in
!8 my mind and my heart somewhere that my life was never
19 going Lo be lhe same after that, and like I said, I just
20 panLcked. I just wanted to keep I didn't want to
2! hu1 L her any rnore Lhan I already had by Lelling this
22 stuff, you know, discussing that type of situation.
23 PRESIDING COMMISSIONER MONTES: So tell us then,
24 I think you've pretty much told it. You haven't .1eft
25 oul any details as far as I can tell. So you rernen1ber
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this day pretty -- i t ' s pretty clear in your mind what
2 happened?
3 INMATE XXXX: Yes, I do.
4 PRESIDING COMMISSIONER MONTES: And you accept
5 responsibilily it sounds like for all of your bad
6 behavior, horrible behavior because you ended up
7 irnpacling a lot of people and destroying a lol of
8 people's lives. Do you think about that?
9 INMATE XXXX: Yes. Like I said, that kind of
10 stuff, thal kind of things wasn't a part of my life, you
I! kno1..r, and that's 1"1hy i t took me so long to be forthwith
12 with the people that was with the courts, witl1 the Board
!3 Hearings and to come forth and say i t because it was
14 still in my shadow. It was still my shame because that
15 wasn't -- that wasn't me. That wasn't me and I was just
!6 shamed. I had never told anybody exactly what happened
17 except for my wife.
18 PRESIDING COMMISSIONER MONTES: lrYeJl, ciidyour
19 parents bring you up knowing right from wrong?
21 PRESIDING COMMISSIONER MONTES: So yolJ had good
22 values. You knew what you were doing was wrong.
23 INMATE XXXX: They were very disappointed, very
24 disappointerJ as well, you know, but -- and my mother she
25 counted on me a lot, you know, and 1ne being the oldest
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child and all. That's why it hurt me so much to think
2 bc:ick to ho\\1 many people I actually hurt. You knoi,1 this
3 crime didn' l only hurt Mr. XXXXrnan and his family, but
4 i_t hurt a long line of people, you know, because 1 was a
5 pail of a Jot of people's lives.
6 PRESIDING COMMISSIONER MONTES: \'Jell, who is the
7 biggest victim l1ere?
8 INMATE XXXX: Beg your pardon?
9 PRESIDING COMMISSIONER MONTES: \\lho is the
10 biggest victim here?
11 INMATE XXXX: Mr. XXXXman is.
12 PRESIDING COMMISSIONER MONTES: Mr. XXXXman.
13 INMATE XXXX: Mr. XXXXman, he was the number one
l4 victim.
15 PRESIDING COMMISSIONER MONTES: Seventy-nine
16 years old. Was he a big man, small man size wise?
17 INMATE XXXX: He was maybe rny size, my height.
18 PRESIDING COMMISSIONER MONTES: About your size?
20 PRESIDING COMMISSIONER MONTES: But he was an
21 older gentleman.
22 INMATE XXXX: He was 78.
23 PRESIDING COMMISSIONER MONTES: Older gentleman,
24 yeah. He was part owner of this apartment complex, was
25 he not? This was probably his retirement money, you
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know. He was managing this apartment. That's the
2 income he lived on, he counted on and that's 1:-1hy the
3 re Ill was so imporlant.
4 INMATE XXXX: Yeah. I found out years later what
S he meant:. by he was done, you know, because that was his
6 last day. Ile was retiring that day.
7 PRESIDING COMMISSIONER MONTES: Oh, I didn't
8 calch that.
9 INMATE XXXX: Yeah. His family sent me a letter
10 back in 2006 and they told me that's why he said that.
11 PRESIDING COMMISSIONER MONTES: I'm done, meaning
12 he '.Vas retiring from the
I3 INMATE XXXX: That was it.
14 PRESIDING COMMISSIONER MONTES: Ob, my gosh.
15 INMATE XXXX: That i;1as it. He wanted to pick up
16 rny rent and that 1...ias i t and because of me, you know.
17 PRESIDING COMMISSIONER MONTES: He never got to
18 retire.
20 PRESIDING COMMISSIONER MONTES: Nol in the way he
21 had planned. So tell me about remorse. Du you feel
22 remorse?
24 PRESIDING COMMISSIONER MONTES: You've Lalked
25 about sharne. It's a little bit different feeling.
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INMATE XXXX: From the moment 1 done iL, I
2 regretted il. And when I left the properly that day
3 after attacking Mr. XXXXman, I hid under Lhis garage,
4 apartment garage and I sat there and I cried like a baby
5 because of regret. Mr. XXXX1nan didn't deserve lhat and
6 that's whal l did to him. I st~pped him from his future
7 plans just because of my selfishness and I can work
8 through everylhing else but I would never work through
9 the all lhe regret I feel about this terrible thing I've
10 done. So, yes, I have plenty of remorse.
11 PRESIDING COMMISSIONER MONTES: All right. And
!2 whal kinds of things have you done to try to lead a
13 different life?
14 INMATE XXXX: Well, I learned long ago I wasn't
15 never going lo be able to shov1 any kind of amends lo
16 Mr. XXXXman himself, personally. So I tried to take up
17 under my coat to do good things of people around rne, you
18 know. So I entered, got into programs where I help
19 sick, dying people, the hospice programs and hospital
20 visits and Victiins Awareness groups and to learn as much
2! as I poss_i_bJ y can about tl1e empathy that v1as involved,
22 Lllat I v1as feeling for his family. That's the only way
23 I could give it back, give back a l i t t l e bit at a time,
24 you know, v1ha t I can do. So that's what I was doing,
25 t"ls. Cominissioner.
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PRESIDING COMMISSIONER MONTES: Well, thal is
2 getting jnvolved in hospice is a good way to do that.
] INMATE XXXX: Yes.
4 PRESIDING COMMISSIONER MONTES: Because we have
5 so many inmates who are dying and suffering from
6 terminal illness and they have either no family or their
7 familiGs have cut their ties with them so they don't
8 have anybody around them to spend their last, you know,
9 last fe1,.1 inonlhs, or weeks, or days or hours v1ith. So
10 that's a very good way to process that so I'nt glad that
l! you' re doing that. Tell us -- I have just one more
12 v..•ell, t':IO more quest.ions for you, sir. One is what you
13 would do different.ly. I mean, if you get paroled, at
14 some point you' re going to be living sornewhere and
15 you're going to have to pay the rent. You're going to
16 have bills. You're going to have to find a way to make
17 ends meet and i t ' s going to be stressful because you're
!8 older now and you have a criminal record, you know, and
19 i t ' s not going to be a cakewalk even with family that
20 are there to support you and there could be a time when
21 i t becon1es Lough to pay the rent. What are you going to
22 do?
23 INMATE XXXX: Well, I kno\.; ufter such a long time
24 1n prison, there is going to be a lot of challenges, and
25 I guess l'll humble myself and be patient and go with
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what I've learned already. I've gotten four
2 vocationals, trades under my belt besides the cooking,
3 and Lhe cooking is what I do best. That's what I want
4 to do, That's whal I always wanted to do.
5 PRESIDING COMMISSIONER MONTES: Good. Wel 1,
6 people always want to eat.
7 INMATE XXXX: Yes.
8 PRESIDING COMMISSIONER MONTES: So you'll alv1ays
9 have work.
10 DEPUTY COMMISSIONER GARDNER: That's a
11 (inaudible) redemption.
12 INMATE XXXX: I couldn't find it then when I
I3 needed it.
14 PRESIDING COMMISSIONER MONTES: Yeah.
15 INMATE XXXX: You know what I'm talking about?
16 PRESIDING COMMISSIONER MONTES: Yeal1.
17 INMATE XXXX: But if I lVOU.ld lry and humble
18 myself because prison is one place I never want to be
19 aga l. n, never., a11d so patience pays off.
20 PRESIDING COMMISSIONER MONTES: Palience, so
21 you'lJ Le more patient and more hun1[).le?
22 INMATE XXXX: Yeah. I know now there is optlons
23 out there. You got options. You ain't just got one
24 option. You got many options and all you got to do is
25 f0J lov..• through v1ith them. Everything is not going to
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39
exactly work out, pan out the way I want so I got to
2 wait for them options to show up. You know, when they
3 show up, then I know when I have ti1ne 1 take advantage of
4 thern.
5 PRESIDING COMMISSIONER MONTES: Well, Lake
6 yourself back to that situation, that exact same day,
7 okay, you knew that Mr. XXXXman was coming to collect
8 cash.
9 INMATE XXXX: Yes.
10 PRESIDING COMMISSIONER MONTES: So what could you
11 ha1.re done differently?
12 INMATE XXXX: All I had to do is be honest, be
IJ honest with him, and Mr. XXXXman was a very good man,
14 you know. Even when I moved into the apartment with
15 him, I Has like four hundred dollars short of the
16 move-in fee and he bypassed that and gave us the
17 apartment. And we supposed to have paid him like a
18 little bit every month until we caught up. And I know
19 that honesty would have solved this whole thing. I
20 wouldn't even be sitting here if alJ I had to do, bad
21 tJ-1e at.Jility Lo tell llie truth and sLep up and be a tnan
22 and take lhe repercussions of the things that I have
23 done and I wouldn't be sitting in this room right now.
24 That.' s what I would do.
25 PRESIDING COMMISSIONER MONTES: So :Ls that what
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you would do differently?
2 INMATE XXXX: That's what I would have done
3 differently, be honest.
4 PRESIDING COMMISSIONER MONTES: And is that the
5 kind of person that you have been here in prison?
6 INMATE XXXX: Well, it took me awhile. It took
7 me awhile because I was s t i l l deali.ng with a lot of
8 emotional problems and then -- and I was s t i l l ashamed
9 Lo come forir;ard and be honest about who I was, what I
10 did and how l did it, but once I made that decision,
I! yes, I have.
12 PRESIDING COMMISSIONER MONTES: Okay. And then
13 the last question I have for you, I told you I have two
14 questions, and the last question is whether or not you
!5 have the substance abuse under control.
16 INMATE XXXX: Oh, yes. I haven't had any drugs
17 since I came to prison, but --
18 PRESIDING COMMISSIONER MONTES: Nov..•, I know you
19 have a relapse prevention p.lan and J 'll take a look at
20 that.
22 PRESIDING COMMISSIONER MONTES: But do you live
23 thal? Do you get it? Do you
24 INMATE XXXX: \I/ell, 111y thing, J think the relapse
25 prevention plan is a good thing because, like I said,
-··-------
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1
there s going to be major challenges if 1 am granted
2 parole, and sometimes if the stress of challenges is not
3 rnet immediately, i t brings on stress and the stress may
4 bring on something to ease that stress and that's when
5 people turn lo drugs. And I think I am a strong enough
6 individual to handle the good with the bad and take life
7 on its 01t1n terms.
9 INMATE XXXX; You know, but drugs has never been
10 a part of my life, just that short period of time that
ll all this is going on, you kno't1. I was just looking for
!2 a l i t t l e release. I wasn't looking to become an addict
13 or anything like that but.
14 PRESIDING COMMISSIONER MONTES: So what do you do
!5 no1..i when you get a little stressed? I guess I said I
16 had one more question but that led to another question
17 so sorry.
18 INMATE XXXX: '!'hat's okay.
19 PRESIDING COMMISSIONER MONTES: So what do you do
20 now v1hen you feel stressed or under pressure or you
21 can't quite, you know, thinys aren't guile working out
22 like you would like, what do you do? How do you handle
23 that.?
24 INMATE XXXX: Well, it's very easy for me to
25 handle stress now because I've grown so much as a
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person. I kr1ow what my weaknesses are. I kno1t1 1-.•hat my
2 strengths are. And so when times get kind of rough, you
3 know, they never get so rough that I'm might just panic
4 and go off the edge like I done back in 1983. BuL I
5 have people that's involved in my roots. I have a
6 cout:.1le of good friends, you know, we walk and talk, you
7 know, and but it's nothing ln prison that can really
8 stress me out like that to want to use drugs or fight
9 so1nebody or just it's never been part of my makeup, you
JO know, but I'm a pretty calm guy, you know, I'm usually
!1 the one talking other people dovJn f.rorn their stress, you
12 kllO\-J.
13 PRESIDING COMMISSIONER MONTES: Ho\.\• do you --
14 INMATE XXXX: At this point what's the benefit?
15 PRESIDING COMMISSIONER MONTES: Yeah.
16 INMATE XXXX: What 1

s the benefit in you going and
!7 do this or you go.i ng and do that? What's you got to
!8 lo::Je, or esr-iecially, n\ost of my friends are lifers on
19 the sarne palh I am, you know, and some get angry, you
20 kno1>1, bul: la .l k them down, you kno1>J.
21 PRESIDING COMMISSIONER MONTES: So Ll1ose are good
22 q11estjons to put in front of them to help them think
23 that through. Is there anything that you can think of
24 thal would trigger you to relapse to use drugs?
25 INMATE XXXX: No, Commissioner.
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PRESIDING COMMISSIONER MONTES: No. Okay. All
2 right. Well, I'm going to take a look at your plan. If
3 I have uny questions, I' 11 let you know. Commissioner?
4 DEPUTY COMMISSIONER GARDNER: Sounds great. Hey,
5 Mr. XXXX?
6 INMATE XXXX: Hey there.
7 DEPUTY COMMISSIONER GARDNER: Let's start 1-1ith
8 the 115s. You got about 25 of them. Does that sound
9 about right?
10 INMATE XXXX: Yes, sir.
11 DEPUTY COMMISSIONER GARDNER: And the last one
12 was 2013 for delaying a peace officer I believe.
14 DEPUTY COMMISSIONER GARDNER: And your last
!5 hearing was 2011.
17 DEPUTY COMMISSIONER GARDNER: Okay. li'lha t
18 happened wilh delaying a peace officer in your opjnion?
19 INMATE XXXX: Well, I believe the day was a
20 \rJednesday and l 'm on the yard.
21 DEPUTY COMMISSIONER GARDNER: About 2:30.
22 INMATE XXXX: Yes. And I was sjtting in the area
23 where there is a lot of people around me, a lot of
24 people, You got the canteen area. You got medical.
25 You got laundry. This is a big area.
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DEPUTY COMMISSIONER GARDNER: Just give me the
2 short version.
3 INMATE XXXX: Yes, sir. And so they call me to
4 meet them at the cellie fort. I didn't hear him. 1
5 didn't hear him. And 1·1hen I got over there, he said,
6 r.vell, you got a 115 for delaying a peace officer. I
7 didn't hear him.
8 DEPUTY COMMISSIONER GARDNER: Okay. So pretty
9 much the same thing as back then is the story has not
10 changed. You didn't hear it so you didn't go?
11 INMATE XXXX: I didn't hear i t . If I would have
12 heard it, I would have reported. I was trying to do
13 better. Why would I do that?
14 DEPUTY COMMISSIONER GARDNER: I don't kno1.;.
15 'l'hat's 1vhy I asked. 1 have to -- I'm looking through
l6 these 25 115s, which is a big problem, because ob,1iously
17 if you don'L behave in the prison, that's not really
18 shovvir1g that you would do v1ell if you were released, and
19 it strikes me that it looks like your last violence was
20 back in '92 which is 24 years ago for fighting. And
21 then you had one in '8 9' actually Lwo n1ore fight.'3 in
22 ! 8 9' and then you had Lhis one lj.ttle chrono that was a
23 counseling chrono from July '97 for fighting too. So it
24 looks like you don't have really a lot of violence but
25 you do have a lot of 115s. Kind of strange though i.n
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this case if you look at this, Commissioner. I£ you
2 look, i1.:. looks like he just keeps getting administrative
3 115s with zero day's loss of credit for more than half
4 of them.
5 PRESIDING COMMISSIONER MONTES: Right. Yeah.
6 There is only about ten that are serious.
7 DEPUTY COMMISSIONER GARDNER: Yeah. So I don't
8 know, do you think you have a problem with following
9 instructions o:r what's the reason for all these llSs in
10 your opinion?
11 INMATE XXXX: It wasn't an issue of not having
12 problems following instructions, lVJr. Comrnissioner. It
!3 was l v1as going through a lot of emotional issues back
14 from the '80s until '90, '9"7, somewhere around there.
15 And I was dealing with the hurt, with the shame, with
16 the guilt, and it just kept coming out, you know, just
!7 coming out. And like I said, I wasn't hurting anybody
!8 but my moulh would get me in a lot of trouble.
19 DEPUTY COMMISSIONER GARDNER: Okay. I was
20 reading this transcript from March 10th, 2011. You
2! haven't always been honest with the Parole Board, right?
23 DEPUTY COMMISSIONER GARDNER: Why? Why weren' l:
24 you just honest right at the beginning, because you
25 strike me as somebody who wasn't just 1t1icked and evil?
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It sounds to me like you had some stress and you
2 cornpletely lost it and did something horrific, but then
3 instead of just facing up to it, you kind of seemed to
4 be a behavior problem and why do you think you were that
S \.·1a y?
6 INMATE XXXX: I don't -- you've had two or three
7 questions v1itl1 that. You said, why do J think I was
8 thal way, why the 115s?
9 DEPUTY COMMISSIONER GARDNER: Yeah.
10 INMATE XXXX: Okay.
11 DEPUTY COMMISSIONER GARDNER: Why didn't you just
12 accept 1.vhat you've done and then move on?
13 INMATE XXXX: That was a hard thing for me to do.
14 That v1as really -- I was really ashamed and that's my
15 biggest ans11er I got for you. I was just ashamed to do
!6 i L. When I was in groups and stuff, 1 didn't tell
17 anybody, you kno\..;, I 1..;as a coward, you know, and that's
18 what I was, you know and I just wouldn't br.i_ng it out
!9 like that. Allhough I knew they was always going to
20 believe what was on the court transcripts anyway, I
21 still couldn't pick n1y (inaudible) to tell the truth.
22 DEPUTY COMMISSIONER GARDNER: All right. You
23 didn't really think this murder through did you?
24 INMATE XXXX: No.
25 DEPUTY COMMISSIONER GARDNER: No. Well, since
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2000, I count unauthorized use of the telephone, no time
2 credit lost, administrative 115, five years later
3 grooming standards, zero credit loss, administrative,
4 three years after that in August 2008, failure to follow
5 orders, zero credit loss, administrative, then the most
6 recent 115 is five years after that and i t ' s for the
7 failure to go to the dialysis after they paged you. So
S I would say ror the last 16 years you haven 1

t been too
9 much of a disciplinary problem. So that's good.
10 Nineleen counseling chronos, does that sound about
fl right?
12 INMATE XXXX: If that's what it said,
13 Mr. Comrnissi oner.
14 DEPUTY COMMISSIONER GARDNER: Okay. Yeah.
15 Vocalions, I was reading through your pai~ole plans and I
16 guess
17 PRESIDING COMMISSIONER MONTES: Before you go to
18 vocalj.ons, can I ask him a question about_ the
19 DEPUTY COMMISSIONER GARDNER: Of course.
20 PRESIDING COMMISSIONER MONTES: last
21 cou11seling cl1ronos? You've had a couple that were
22 faj_rly recent £or failure to report to, I think one was
23 an •udioloqy appointment and the other was the other
24 for d j al y sis ? No. That was the JJ.5. So you had a
25 couple of counseling chronus for failure to report to

• _ _ _ _ _ _ _ _ _..J
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so what -- and those are fairly recent.
2 INMATE XXXX: I just seen that l?.8, but let me
3 say this, Commissioner. I live in echo yard. That's
4 v-iay ove.r the.re, and some days my feet, my healtl1 just
5 won' L allow me to walk over here. And 1 always follow
6 the pro toe<)] to cancel the appointment. I signed the
7 sheet. It was in my office -- my building officer, told
8 him l •vas having issues and I thought that was it.
PRESIDING COMMISSIONER MONTES: You thought that
10 was it and l_hen they wrote you up for
11 INMATE XXXX: Yes, ma'am, like I just didn't show
12 up, you know. I signed the refusal because it is too
!3 far lo Halk on some days. Yoll kno;v, some days my feet
14 just \oJon'L have it.
15 DEPUTY COMMISSIONER GARDNER: That was November
16 23rd, 2015.
18 PRESIDING COMMISSIONER MONTES: Yeah. And
!9 obviously your: audiology appointment is important
20 because you have a hearing issue.
21 INMATE XXXX: Well, and it was to give me 1ny
22 hearing aid service, and they called me back in the next
23 week. l Look them over there. He serviced lhem and
24 gave them back to me a few weeks ago.
25 PRESIDING COMMISSIONER MONTES: Oh, that's to get
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your hearing aids serviced you mean?
2 INMATE XXXX: Yes.
J PRESIDING COMMISSIONER MONTES: Okay. And so i t
4 gol done.
5 INMATE XXXX: Yes.
6 PRESIDING COMMISSIONER MONTES: But not i,.;hen it
7 l·Jas originally scheduled for, right?
8 INMATE XXXX: Absolutely so, Commissioner.
9 PRESIDING COMMISSIONER MONTES: Okay. So
!O basically it das
1 because of heaJ th, health-related
Il reasons.
13 PRESIDING COMMISSIONER MONTES: ls there a
14 different way you could have handled that?
15 INMATE XXXX: Well, you know if feet is hurting,
16 you know there's not much you can do especially when you
17 got to walk a mile or two from over there to over here,
18 I try to keep all my appointments because i t ' s so hard
19 to get them around here, you know, but yes, that
20 happened. l don't know why I got the 128.
21 PRESIDING COMMISSIONER MONTES: 1?.8A, yeah.
22 INMATE XXXX: I follow the protocol, you know,
23 that's all l can do so.
24 PRESIDING COMMISSIONER MONTES: All right. Well,
25 it's not a real serious thing but I just v1anted to hear
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your explanation. Thank you.
2 DEPUTY COMMISSIONER GARDNER: All right. And
3 you've gol ccJJnpleted vocations in j ani tori al, air
4 conditioning and refrigeration repair, computer
5 technology and you told me you like to work in the
6 kitchen.
7 INMATE XXXX: Yes.
8 DEPUTY COMMISSIONER GARDNER: And I was reading
9 your parole plans and you kind of picture yourself as
10 rnaybe getting social security because of dialysis, rnaybe
IJ working 20 hours a week.
12 INMATE xxxx: Yes.
13 DEPUTY COMMISSIONER GARDNER: Usually it's not
14 super relevant to me but I kind of think the murder kind
!5 of occurred because you were under financial
16 difficulties and some strains. So how are you going to
17 support yourself if you get a date?
18 INMATE XXXX: First I get SSI for my dialysis.
19 DEPUTY COMMISSIONER GARDNER: Okay.
20 INMATE XXXX: And then the Frisco Homes, they
21 wilJ_ set me up with the job market and they would help
22 me find employment.
23 DEPUTY COMMISSIONER GARDNER: Okay. Your son is
24 going co be helpful too I think.
25 INMATE XXXX: Yeah, he is.
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DEPUTY COMMISSIONER GARDNER: He's got some
2 connections. Who does he work for because I can't tell
3 from this picture?
4 PRESIDING COMMISSIONER MONTES: Isn't he a
5 correctional officer?
6 INMATE XXXX: Yes.
7 DEPUTY COMMISSIONER GARDNER: lie is in Riverside
8 though, righl?
9 INMATE XXXX: Yes.
10 DEPUTY COMMISSIONER GARDNER: He's not a CDCR
!I one.
12 INMATE XXXX: That's juvenile.
13 DEPUTY COMMISSIONER GARDNER: Juvenile, okay. I
!4 was just curi.ous because I was looking trying to figure
15 out exactly who he worked for.
16 PRESIDING COMMISSIONER MONTES: Now, who is the
17 lady wj th him?
18 INMATE XXXX: That's my ex-wife. That's his
19 mother.
20 PRESIDING COMMISSIONER MONTES: That's his
21 mother?
23 PRESIDING COMMISSIONER MONTES: And how long ago
24 was this picture taken?
25 INMATE XXXX: I got that picture for my birLhday
---------
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in July.
2 PRESIDING COMMISSIONER MONTES: Good looking
3 family.
4 DEPUTY COMMISSIONER GARDNER: Is this your
5 grandma?
6 INMATE XXXX: Yes.
7 DEPUTY COMMISSIONER GARDNER: Okay. Witl1 your
8 son. I guess they're at home.
9 INMATE XXXX: t"ly two supporters, yeah.
ID DEPUTY COMMISSIONER GARDNER: Okay.
11 PRESIDING COMMISSIONER MONTES: Your son looks a
12 lot like you.
13 DEPUTY COMMISSIONER GARDNER: I-le does, doesn't
14 he?
15 PRESIDING COMMISSIONER MONTES: Yeah. Same eyes.
16 DEPUTY COMMISSIONER GARDNER: l"l.11 right. Why do
17 you think they haven 1 t given you a date ))efore? \Vhy do
!8 you Lhink the Parole Board keeps saying no?
19 INMATE XXXX: Because of my inability actually to
20 tell the truth because my part of the version wasn't
21 goiny with l heirs. That's the main reason. The second
22 reason is I still picked up that -- in 2011 they denied
23 me a date because of the 115 I've gotten right after I
24 went to the Board in 2008 and so disciplinary has been a
25 big reason.
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DEPUTY COMMISSIONER GARDNER: Yeah. I agree with
2 tha1-.
4 PRESIDING COMMISSIONER MONTES: Kill you every
5 ti Ille.
6 DEPUTY COMMISSIONER GARDNER: Yep. Your
7 self-help, iL looks like you've been doing self-help for
8 a lot of years.
10 DEPUTY COMMISSIONER GARDNER: I was looking
11 through and it's not like all of the sudden you just
12 decided to do it just for us. It looks like you started
13 a long tin1e ago.
14 INMATE XXXX: Yeah, quite a while. Yes.
15 DEPUTY COMMISSIONER GARDNER: Thanks for giving
16 me all these documents. I think we'll probably just go
17 through these and I might ask you some questions because
!8 really the reason we look, that I look for self-help, is
19 to see if you fixed the problems thal you had so that if
20 1·1e release you you're n.ot a danger, So I gol this
21 certificaLe of participation Novenlbe.r 2015, promoting
22 the positive view to get thc-: job, personal.ity
2J communj.catior1, and that would be September 2015 from the
24 Vocational ~ducat.ion Department, PREP certificate of
25 completion, l i.fe skills, all 16 modules, Turning Point,
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crossing over to a more productive way of life. That's
2 front Sister f'.1ary and that's October 2015. Anger
3 management, ] 3-lesson course, being commended for
4 extensive :i 11sight work required, so forth, expectations,
5 control fears, relat:i.onships and co1nmun.ication. That's
6 1'1ay 2015. PP,EP, '!'urning Point II, 80 lessons, lifestyle
7 changes, another certificate of cornpletion for eight
8 n1oduJ es of 'J'urning Point. Which of these classes since
9 that last hearing are you rnost proud of?
10 INMATE XXXX: I'm going to say the Turning Point
II group.
12 DEPUTY COMMISSIONER GARDNER: Okay. Why?
13 INMATE XXXX: Because Turning Point there was a
14 self-development: course where i t took me through the
15 ringer and it really walks you out of your shell so you
16 could understand the things that are going on in your
17 life and it dealt with every issue v1ith life that
18 possibly could be asked. And I brought a lesson if you
19 want lo see it, because when you say 18 lessons and 40
20 modules, thal really don't explain it all because lt's a
2! lot of 1·1ritJng.
22 PRESIDING COMMISSIONER MONTES: It's a lot.
23 DEPUTY COMMISSIONER GARDNER: Yeah.
24 INMATE XXXX: It's a lot of writing and a Jot of
25 thinking. And there is no wrong answers. It's j11st ho\v
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you feel about whatever the question is and
2 DEPUTY COMMISSIONER GARDNER: You've certainly
3 and before this you took Alternatives to Violence and
4 other classes, AA and NA.
6 DEPUTY COMMISSIONER GARDNER: Yeah. I also like
7 that book report, 1t1hich of cour.se as soon as I need it,
8 I put it somewhere in this mountain of paperwork but I
9 think i t was Cognitive Behavior Therapy for Dummies.
IO INMATE XXXX: Therapy, yeah.
II PRESIDING COMMISSIONER MONTES: I Jove it.
12 DEPUTY COMMISSIONER GARDNER: I thougl1 t that
!3 was --
14 INMATE XXXX: That was me. That's me.
IS PRESIDING COMMISSIONER MONTES: I got to read
16 that book.
17 DEPUTY COMMISSIONER GARDNER: Yeah. So that was
18 actually - - it was well written too because
19 PRESIDING COMMISSIONER MONTES: 1-lhe re is th al
20 book repor L "?
21 DEPUTY COMMISSIONER GARDNER: I'll find it in a
22 second. Because when the Commissioner started asking
23 you questions about education, l sa1·1 that you had just
24 been in the voluntary GED, but when I was reading the
25 cognitive behavior, it looked Jike i t i,..ras well written.
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INMATE XXXX: Yeah.
2 DEPUTY COMMISSIONER GARDNER: You also did a book
3 report in Crime Victims Speak Back.
4 INMATE XXXX: Victim Awareness.
5 PRESIDING COMMISSIONER MONTES: So v1ha L did you
6 get out of that book, the Cognitive Behavioral Therapy
7 for Dummies? What is the main takeaway for you from
8 reading that book?
9 INMATE XXXX: Cognitive Behavior Therapy?
10 PRESIDING COMMISSIONER MONTES: Uh-huh.
11 INMATE XXXX: Oh, Lhat was a book so I went on
12 that book tells you how to manage your emotions, how to
13 manage your thinking, how to find different meanings to
14 put them to situations. That was my biggest issue. I
15 really liked that part there because when I'm in
16 communication >vith someone and I begin lo get angry and
17 I feel I used to feel like they were making me angry,
18 but it was the meaning that I putting to the whole
19 situation myself. You know and i t ' s about how I was
20 thinking. My unhealthy thinking caused me to think that
21 they was irritating me all them, this and this and this,
22 that's why they would that's why I would act out the
23 way l always did. So I read that book for days and days
24 and days and days, you know, trying to get everything I
25 could out of it because it was talking about me and so
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ttiaL's ~he big part I got out of it, how to manage my
2 emotions r.,;hen dealing v1ith people, you know, and be
3 flex_i ble in my decisions. And i t went on and on, you
4 kno1,1.
s PRESIDING COMMISSIONER MONTES: So it reall'j i:Jas
6 getting to the truth, whlch is one of thP. issues that
7 you have, getting to the truth of your own charactec
8 fla1·1s it sounds like.
9 INMATE XXXX: That's what it says, provide an
10 ansv1er to youc flah•s or it just carne on at once and it
11 was -- l really can't put the thought in i t right now
12 because I'm a l i t t l e shaky over here but
13 PRESIDING COMMISSIONER MONTES: Yeah. It's
14 making you very emotional just thinking about it.
I5 INMATE XXXX: Yeah, you know, but I like taking
16 -- l like taking things like that because that was
!7 independent reading. That had nothing to do with no
18 support groups or anything else.
19 PRESIDING COMMISSIONER MONTES: You just did this
20 on you.r own.
21 INMATE XXXX: Independent study, yeah, so.
22 PRESIDING COMMISSIONER MONTES: So you got to go
23 deep in yourself.
24 INMATE XXXX: I had a lot of thinking. That's
25 why I've done that and the Turnj.ng Point pcogram at the
'-------····-------------------- ----------~
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same, practically l.he same time was really telling me
2 the sa1ne questions that was in that book.
J PRESIDING COMMISSIONER MONTES: Excellent. It's
4 a good book. It's a good book report.
6 PRESIDING COMMISSIONER MONTES: Ho1t1 did you -
7 who suggested thal you read the book or how did you
8 becorne across that book?
9 INMATE XXXX: With that book?
10 PRESIDING COMMISSIONER MONTES: Uh-hul1.
11 INMATE XXXX: Well, they have then1 in the
12 library, but this particular book, I seen it was sitting
13 on this guy's locker with a bunch of stuff stacked all
14 on there and so I asked him, could I read it, you know,
15 because he wasn't reading i t apparently. So he gave it
16 to 1ne and I kept i t awhile and l wound up looking for
17 that.
18 PRESIDING COMMISSIONER MONTES: You just found it
19 yourself.
20 INMATE XXXX: Yeah. l think it fil me to the T,
21 fit me to the 'l'.
22 PRESIDING COMMISSIONER MONTES: Perfect. Thank
23 you.
24 DEPUTY COMMISSIONER GARDNER: It looks like your
25 pa1·01e plan is L~rancisco Hornes.
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INMATE XXXX: Yes, sir.
2 DEPUTY COMMISSIONER GARDNER: You want to stay
3 there for a year?
6 INMATE XXXX: tvlaybe longer.
7 DEPUTY COMMISSIONER GARDNER: That's your primary
8 parole. Do you have any backup if that one didn'l work?
9 I mean you got the acceptance letter and i t ' s recent so
!O that's good.
12 DEPUTY COMMISSIONER GARDNER: But is there a
13 second choice?
14 INMATE XXXX: I sent them my mother, I sent my
15 grandmother and my auntie and my sister.
16 DEPUTY COMMISSIONER GARDNER: Your grandma, okay.
17 You don't need a second. I was just cur.ious if you had
18 something because I think I saw something about
19 HealthRIGHT 360 but I didn't see i t in the computer.
20 Okay. And l got support letters from Evelyn, your
21 sister.
23 DEPUTY COMMISSIONER GARDNER: And she offers
24 money and transportation and she'll offer you a job. I
25 guess fl.Jr. Gur11 (phonetic), he used to be with you at
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CJVJ F' .
2 INMATE XXXX: Yes.
J DEPUTY COMMISSIONER GARDNER: And you know, he
4 says that you actually helped hi1n become a better person
5 and il sounds like you made a real positive influence in
6 h.is life. l got your aunt. ls it Edda or Eda?
7 INMATE XXXX: Edda.
8 DEPUTY COMMISSIONER GARDNER: Edda Shephard. And
9 then I got Lhe son's letter which 1 really like a lot.
10 Your son is actually I bet you're real proud of him.
11 He seems to have turned out really well.
12 INMATE XXXX: Yeah. I'm really proud of him.
13 Good kid.
14 DEPUTY COMMISSIONER GARDNER: Okay. I've got
15 this remorse letter from you and then some more book
!6 reports. I'm not sure what the title of this one is.
17 It's What Murder Leaves Behind.
19 DEPUTY COMMISSIONER GARDNER: Okay. It's a five
20 pager.
21 INMATE XXXX: WeJ.1., I got -- I couldn't stop
22 wriling.
23 DEPUTY COMMISSIONER GARDNER: Yeah. Sometimes
24 people give me stuff and they think I don't actuaJ.ly
25 read i t and I looked at all this stuff and i t ' s obvious
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Lhat you wrote it all. So i t looks like you've done a
2 lot of 1o1ork. You ever taken anything like impulse
3 control?
4 INMATE XXXX: The last time I took something
5 aboul impulse control was at CtVJF but Turning Point dealt
6 with that too. 1'hey tell me that too.
7 DEPUTY COMMISSIONER GARDNER: They get a lot of
8 stuff.
9 INMATE XXXX: Not independent stuff, no major
10 groups.
11 DEPUTY COMMISSIONER GARDNER: Would you disagree
12 1·1ith me if I said at the time of the murder you seemed
13 to be an impulsive person?
15 DEPUTY COMMISSIONER GARDNER: You would
16 INMATE XXXX: I would agree with you.
17 DEPUTY COMMISSIONER GARDNER: You would agree.
18 With all these 115s, I don't know, there's got to be 20
19 of them from '85 to '98 or so. You were still
20 impulsive?
21 INMATE XXXX: Yes. I still had lhal mindset.
22 DEPUTY COMMISSIONER GARDNER: Okay. 1'he
23 Commissioner did a great job in helping me and she
24 poinled out that recent 128, but looking through the
25 risk assessment, I think you actually had two other ones
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besides that one.
2 INMATE XXXX: Uh-huh. I never seen them but at
3 my Olson Review, they're there. I mean they're there
4 and so
5 DEPUTY COMMISSIONER GARDNER: Okay. Do you think
6 you would if we let you go, do you think you' re going to
7 be a problent?
8 INMATE XXXX: Oh, no.
9 DEPUTY COMMISSIONER GARDNER: No?
JO INMATE XXXX: Oh, no.
11 DEPUTY COMMISSIONER GARDNER: Why did you start
12 using the coke t:.o start with?
13 INMATE XXXX: Pressure.
14 DEPUTY COMMISSIONER GARDNER: Pressure. You do
15 realize pressure is all in your own rni11d. It wasn't
!6 real pressure.
17 INMATE XXXX: That's what i t was. After all of
18 my studies, 1 knov.; exactly what it lvas. It wasn't for
19 my enj oyrnent.
20 DEPUTY COMMISSIONER GARDNER: Did you actually
21 yive those people two weeks' notice and Lhen quite the
22 job lhat you had?
23 INMATE XXXX: Yes, I did.
25 INMATE XXXX: But she didn't take that anyway.
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She just gave me my check the next day and wouldn't --
2 because she was already upset al me about lying to her
3 anyway so.
4 DEPUTY COMMISSIONER GARDNER: Okay. Anything you
5 can think of that would be -- that maybe I missed that
6 would be real helpful for me in making a decision on
7 whether or not to release you?
8 INMATE XXXX: Well, I think that everything
9 combined, you kno1tt 1 all the self-help, all the behavior
10 therapy, alJ of the independent studies, you know, it
11 helped r11e be a better person, you know, and like I say,
!2 since 2000, il' s just that I finally got a grip on
l3 things, you know. And every couple of sleps I took, I
14 took a trip over something, you know, but and now I've
15 gotten better, you know. And I worked on the issues
16 thaL Commlssioner Adams in my last Board Bearing told me
17 to >-.Jork on like the abrasive behaviors and the
18 resentmenls and et cetera, I worked on them and find out
19 all the resentinent 1.-.Jas came from ine, you know, and
20 ernol ions •viis shov1ing, you kno1r1, so. lt wasn't against
21 no cerla].n people or no certain person. lt was just me.
22 But l learneU tl1at whatever you can do tvith tl1at,
23 whatever I put in front of you, I '11 be glad, sir. I
24 th.i.nk like you said, I did \-.Jork hard. I did work hard.
25 DEPUTY COMMISSIONER GARDNER: Yeah. I don't
- - - - - - - ----------~---------~
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think l've got any other questions, Commissioner.
2 PRESIDING COMMISSIONER MONTES: All right. Let
3 me move on to the Comprehensive Risk Assessment. You
4 had a very recent assessment by Dr. Tran-Lei.
5 INMATE XXXX: Yes.
6 PRESIDING COMMISSIONER MONTES: Do you remember
7 your interview with Dr. Tran-Lei?
8 INMATE XXXX: Yes.
9 PRESIDING COMMISSIONER MONTES: Okay. And this
10 report is dated December the 14th, 2015, so it's only a
II month old. Any reaction to this report? I mean you're
!2 obviously a good reader, understand. First of all, did
13 you read it?
14 INMATE XXXX: Yes, I did.
17 PRESIDING COMMISSIONER MONTES: And what was your
18 reaction to Lhe report?
19 INMATE XXXX: I think she was forthcoming. I
20 think she was just like she was in the interview, you
21 know. She wcts -- get right to the point. You know,
22 di.dn't beat around the bush with any questions, you
23 kno\.-1, and she gave a sound opinion.
24 PRESIDING COMMISSIONER MONTES: Okay. Anything
25 in here you disagree t-1ith?
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INMATE XXXX: No.
2 PRESIDING COMMISSIONER MONTES: No. All right.
3 Well, overall, it's a very favorable report. I just
4 want to polnl a few things. She did say that you were
5 not suffering from any menlal disorders. She goes over
6 all your history, some of 1-1hich we've covered here today
7 bul it's consLstenl v1ilh prior evaluations. She does go
8 over your institutional programming. She said that it
9 says in here that since your imprisonment, you've
10 demonstrated difficulty controlling your behavior and
11 comporting his behavior to the rules, and she referenced
12 all the 115s that you had. And she mentions that since
13 your last three 128As occurred due to refusing a
14 physical therapy appointment, these were signed in
15 August, November -- August, October, November of 2015.
!6 It's the only real thing that jumps out about me to
!7 me about you, and the concern for us which 1t1e' 11 have to
!8 discuss is, you know, to what extent might that say
19 somelhing about Mr. XXXX's ability to comply with his
20 any parole conditions. So that would be the only
21 quest.ion because i t is about co1npliance. And then she
22 talks -- she goes into your historical factors
23 indicating that you had a lack of guilt, and callous
24 behavior evidenced by his perception of the life crime
25 and his incor1sistent report of the crime details. But,
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''Mr. XXXX has obvious problems with controlling his
2 impulses and behavior. Through the years, Mr. XXXX
3 seems to have cultivated empathy and a sense of guilt
4 about v1hat he's done. He does not present with
5 significant antagonism, hostility, interpersonal
6 dorninance, deceitfulness," which is an important one
7 given 1:1hat was going on at the time of the crime,
8 "callousness, or coldness, entitlement and related
9 features of persistent anti-sociality." Total PCL-R
10 score, she indicated is far below the mean of North
11 American male inmates, which we don't often see. We see
12 it below but not far below the mean and that's a good
!3 lhing, and the cutoff is also well below what we t1se to
!4 identify psychopathic personality so this J.s all good.
15 Whal else? Then there was a discussion with you about
16 rernr:irse and you explained that you know now how to take
17 responsibilily and how to handle, "wrongs and rights."
18 He reported lhat his independent readings and self-help
19 play a big part of your life. Now, do you think after
20 you parole someday that you will continue reading and
21 learniny rnore aboul yourself or do you think Lhis •t.ias
22 just something that you did to try to find yourself
23 suiti::ible for parole?
24 INMATE XXXX: That 1

s my ultimate goal, you know,
25 You can never stop learning, you know. I wasn't before
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bul I arn now. I'm more open-minded and I'm willing to
2 take on the challenges I did -- whatever challenges I
3 can to better myself and I could help somebody else in
4 lhe process, thaL's a plus too.
6 And the bottom line is that lhe doctor found that you
7 currently in her opinion, she found that you l1ad a
8 history -- you did not have a history of violence prior
9 to Lite llfe crime and but you made poor choices
10 regarding infidelity, money and drugs and when his
ll .Landlord threatened him v1ith eviction, he became
12 panicked and ar1gry and attacked Mr. XXXXn1an. I think
13 all that's true. All that's true. As a resuJ t a man
14 about tc enler his golden years of retirement, his life
!5 was quickly taken by you. Died a very painful death.
16 INMATE XXXX: Yeah. I did make a lot of poor
17 choJ ces. I did make bad decisions and I got to work
18 through :i.L.
\9 PRESIDING .COMMISSIONER MONTES: Yeah. And it
20 sounds like you are doing that. The doclor thinks you
21 .rep.resenL tl lo•t.1 risk for violence at Lhis time so I' 11
22 put that -- incorporate this by reference into the
n record and ask Mr. Dahle if he has any clarifying
24 questions he'd like us to raise with the inmate.
25 DEPUTY DISTRICT ATTORNEY DAHLE: I do. I would
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like the Panel to ask the inmate what he intends to do
2 after completing his stint with transitional housing at
3 Francisco Homes. Since that's not a permanent residence
4 bul a means to adjust back into the free community, how
S does he anticipate dealing with stressors once he is out
6 of transitional living?
7 PRESIDING COMMISSIONER MONTES: All right. so

8 f-'.lr. XXXX, what would be your long-terrn plan after a year
9 or 1na:/be longer in transitional housing, i..rhat would be
10 your long-term plan both for housing and for how you're
JI going to manage slress?
12 INMATE XXXX: Well, I plan for transitional
13 hous.i.ng to be able to stay one year, maybe a
14 year-and-a-half, and during that time, I plan on working
15 and saving and by the end of that time I was hoping to
16 have enough money to move into low income housing and to
17 get a car to get back and forth to work. My long term
18 goal is to be independent for myself instead of going to
19 live wilh somebody and that's why I would be saving my
20 money in thal time I was in transitional housing.
22 And all thal is part of your plan, okay, parole plan.
23 Thank you. !J!r. Dahle?
24 DEPUTY DISTRICT ATTORNEY DAHLE: Comraissioner, I
25 would ask the inmate how he has incorporated into his
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parole plans the severe restrictions that are going to
2 be put upon him because of his renal failure and how
3 it's going to limit his daily life activities once he is
4 back in the free community without the support of
5 regular medical staff as are available to him here at
6 the institution, how will he do with that?
7 PRESIDING COMMISSIONER MONTES: So can you talk a
8 l i t t l e bit -- first of all, have you thought that
9 tf1rough about how your medical conditions might be
!O impacted t.,ihen you parole, because obviously, here you
!1 have all the rnedical attention that you need. You just
12 report to the clinic if you have a problem. So t'1hen you
13 go out to the commun.ity have you planned for that and if
14 so, how?
15 INMATE XXXX: Well, concerning my medical, excuse
16 me, l have a lot of options, you know. I can there
17 is always, like I say, SSI, and also there is support
18 services lVilh the Human Right Services and they help you
19 pay for your 1nedical and get you back and forth to your
20 medical and things like that. My long-term plan was
21 that was also to get me a separate plan with maybe AARP
22 and I could -- they could supplement, finance me for. my
23 treatment if I ever need to pay for it out of my pocket,
24 but I don't think I would ever have to pay for it out of
25 my pocket.
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PRESIDING COMMISSIONER MONTES: All right. And I
2 see that is your fourth bullet point as the Deputy
3 Commissioner has pointed out to me here as part of your
4 parole plans. You have incorporated that in here about
5 appl:ying for social security disability as a dialysis
6 palient.
7 INMATE XXXX: Yes, Commissioner.
8 PRESIDING COMMISSIONER MONTES: You worked that
9 in, okay.
10 DEPUTY COMMISSIONER GARDNER: And that's one
JI thing I didn't point out is I guess you're helping
l2 elderly people right now and that's also part of maybe
13 something you would be interested in doing after you get
14 out.
15 INMATE XXXX: Yes, il is, Commissioner.
16 DEPUTY COMMISSIONER GARDNER: And you've been
17 helping elderly people for a year-and-a-half OJ:
18 so1nething as a medical aid?
20 DEPUTY COMMISSIONER GARDNER: Okay. So you've
21 got some training in that.
22 INMATE XXXX: I want to update all the skills I
23 l:1ave. Whatever field I decide to go into, I still no
24 matter, while I'm in transitional housing, I'm going to
25 have to update them anyway, you know, because things
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advance real quick.
2 PRESIDING COMMISSIONER MONTES: 1'hings will
3 change.
4 INMATE XXXX: Ye.:;.
5 PRESIDING COMMISSIONER MONTES: And your medical
6 concerns v1ill change too.
7 INMATE XXXX: Yes.
8 PRESIDING COMMISSIONER MONTES: Okay. So this is
9 a living dynamic document?
10 INMATE XXXX: Right.
11 PRESIDING COMMISSIONER MONTES: This parole plan,
12 okay. t·lr. Dahle?
13 DEPUTY DISTRICT ATTORNEY DAHLE: Thank you,
14 Commissioner. I have no more questions.
15 PRESIDING COMMISSIONER MONTES: 'l'hank you, sir.
16 Mr. Iyayi 1 any follo>v up?
17 ATTORNEY IYAYI: Yes, Commissioner, just a few.
18 I knov1 that the Co1nmissioner asked you al:.iout substance
19 abuse prior to committing the life crime. Is i t because
20 you recognize that that's something that you need to
21 always be vigilant about that you took AA and NA?
22 INMATE XXXX: Besides that short period of time
23 that I did indulge in narcotics, drugs have been around
24 me all my life. You know my parents used, my stepfather
25 used, my -- everybody had a substance abuse issue and
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drugs wasn'l my thing. It's just something I picked up
2 at the spell. Like I said, I wanted to get a little
3 pressure off and i t hasn't been nothing I thought about
4 since.
5 ATTORNEY IYAYI: Okay.
6 INMATE XXXX: But I don't think i t ' s going to be
7 an ongoing Lhing I have to keep in Lhe be.ck of my mind
8 aboul making 1ne relapse at all. I don't think that's an
9 issue at all l.Jith me.
10 ATTORNEY IYAYI: I have nothing further,
11 Commissior1er. Thank you.
13 you, Mr. Iyayi. Let's go to the closing statements.
14 \rJe' re going Lo begin with the DA, Mr. Dahle?
15 DEPUTY DISTRICT ATTORNEY DAHLE: Thank you,
16 Com1nissioner. All right. I participated in the last
17 hearing with 1'1r. XXXX back in 2001. It l_s disappoi.nling
18 to see that he l1as experienced -- or he has a rule
19 violation subsequent to that tt-.•o years after that last
20 hearing, but given the statement of record of his
21 present medical cor1ditior1s and Lhe factors Ll1at he [aces
22 on the outside, I'm not sure that the rule violation of
23 2013 is indicative of his continuing risk other than the
24 concern that should be, I believe obvious, with his
25 level of cooperation with rnedical aids v-1ith respect to
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the kinds of treatment that he needs to receive for the
2 nurnerous problems that he has. That being said, I would
3 submit the matter with respect Lo the present
4 suitability of the inmate to this Panel for its good
5 judgen1ent. Thank you.
6 PRESIDING COMMISSIONER MONTES: Thank you,
7 Mr. Dahle. Mr. Iyayi?
8 ATTORNEY IYAYI: Thank you, Commissioners. We
9 believe LhaL 1-1hy even 1"ith l"1r. XXXX's own words that he
10 stj 11 has work to do in terms of self-improver11ent and
11 betterment, we believe, Commissioners, that at this
!2 point, he is suitable for parole because there are many
13 objective faclors that point to suitability in his
14 favor. And l' 11 start with the type of .'3Upport system
15 that he en1oys nov1. 'Phe partner has before you today,
!6 Cotnrnissioners, letters fro1n his aunt, his sister, his
17 son and the in1nates that he rnentored here in the
18 institution, all of them essentially vouching for
19 Mr. XXXX, offering support, different types of support,
20 but all of Lhein vouching to be tl1erc for him, you know,
21 when he is paroled. So we believe, Commissioners, that
22 he has a network of prosocial people who will be there
23 for him when he is released. We believe thal points to
24 suitability. We believe also that the fact that he did
25 not have an extensive criminal record prior to the life
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crime also indicates an individual who having gone
2 through the rehabilitation that he has gone through is
3 very likely going to be able to conform himself to the
4 laws of society. We also believe, Commissioners, that
S he has shown remorse and that's not only evident in his
6 testimony here today, Commissioners, but it can also be
7 infrared from the way he has carried himself, you know,
8 in pr.ison, especially in the last several years where he
9 has been free of any serious disciplinary rules
10 violations except for the 2010 violation and the 128s
11 that were referenced. But his body of work in terms of
!2 program1ning, in terms of, you know, work, in terms of
13 improving himself, all points to an individual who
14 realizes the gravity of the crime that he comm.i.tted and
15 the need to Lurn his life around. l\/e also believe,
16 Commissioners, that his age, he is at an age lvhere the
17 probability of recidivism is reduced. He is 56 years
!8 oJ.d now. !le has been incarcerated for over 30 years and
19 1t1e believe, Commissioners, that he is much older. And
20 he also faces, you know, a number of medical challenges
21 that we believe, you know, has mellowed him and has made
22 him somebody who is a different person from the person
23 that came to prison. \IJe believe, Commissioners, that he
24 has tried to improve himself while incarcerated al
25 length, a nun1ber of vocationals as the Deputy
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Commissioner put on the record, janitorial services, AC
2 refrigeration repair, computer technology and he has
3 engaged in productive work while incarcerated,
4 janitorial services, dining room, yard work, porter. In
5 all 0£ lhese positions, Commissioners, he received, you
6 know, above average to exceptional v1ork reports. And we
7 also believe Commissioners that his engagement in
8 self-helf.> programs also has given him the skills, you
9 know, to deaJ with challenges that he is certain to face
10 when paroled. He has addressed many, many of those
11 areas where he is likely to have challenges and many of
12 those areas that represented sort of character fla\..is
13 that led to the life crime. And again, as the Deputy
14 Commissioner put on the record, the AA/NA, he is
15 actually currently the chairman of the AA and NA group
16 at this facility, and he has volunteered his time
17 1t1orking 1-1ith hospice patients. He has been involved in
18 Victim Awareness. He took the very detailed Turning
19 Points, you know, module and he has been able to speak
20 to, you know, 1t1hat he gained from these groups, how he
21 is able to apply those lessons so that he is a different
22 person so that he makes better decisions and he
_,
?' processes hjs emotions in a different way from what he
24 used to do prior to incarceration. We believe thaL that
25 points lo suitability, Commissioners, and in addition to
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that, he does have realistic parole plans. He has plans
2 that:. are very well thought out. He has a relapse
3 prevention plan. He has acceptance into transitional
4 housj_ng, and again, this type of support syslem that he
5 has around him, he has plans to deal will1 Lhe medical
6 challenges that he has. He plans to work and he is
7 equipped Lo 1.,rork. He plans to work, first and foremost
8 go out and seek work first and foremost as a cook. He
9 said that that's really where his passion is and we
!O believe that he is equipped to do that, Commissioners.
II 1-o.nd we also believe, Commissioners, that the Psych
12 Reports, before this, partnered to this, supports
13 release. My client was asked if he had any if he had
14 any issues or any disagreements witl1 the doctor's
)5 evaluation and his response vvas, no. J-le embraces the
16 criticisms and the shortcomings pointed out by th_e
17 doctor, and it's his testimony today that those are
18 issues that he's always going to continue to work on.
19 But in the f.i.nal analysis, the doctor concluded that he
20 represenls a low risk to reoffend. And particularly,
21 Commissioners, regarding the 128As, you know, we believe
22 and i t ' s my client's testimony today, Commissioners,
23 that that's not indicative of the person that he is.
24 It's lhe way that he was able to deal with not being
25 aJ-J] e to go lo those appointments. According l;o him, he
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signed the necessary paperwork saying he was ill or his
2 legs were hurting that day and he couldn't go to those
3 appointments and they were rescheduled. And lhe issue
4 that was going to be addressed in the medical
5 appoinlrnents was subsequently addressed, but it is my
6 client's stated goal to stay within the laws and I think
7 lhe objective evidence before the Panel today shows that
8 he is going to be able to do that. For these reasons,
9 Comtni.ssioners, we would plead that he no longer
10 represents an unreasonable risk of danger to society and
11 is Lherefore suitable for parole. 'Tl1ank you.
!3 you very much, t'lr. Iyayi. Mr. XXXX, is there anything
14 that you would like to add at th.is time?
15 INMATE XXXX: Yes, Commissioner, shortly.
17 INMATE XXXX: First and foremost, I'd like to say
18 to Mr. XXXXman's fa1nily and Mr. XXXXman h:Lmself, I'm
!9 truly sorry this happened. I dragged Mr. XXXXman into
20 my destructive path and eventually, ultimately taking
21 his life and that's one thing I forever regret. As for
22 me, I have grown. I am older. I am t-Jiser. l a1n more
23 structured than l 've ever been. I have adapted a new
24 set of rules, regulations, rules, values and beliefs.
25 My thinking is healthy. t".ly thoughts is healthy and I
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strive to be the best I can be. I know upon being
2 released in lhe cornmunity I 1

d be accepted, responsible
3 and product.i_ve, and I kno'.v I would really love that
4 chance. And just to keep it short, Ms. Commissioner, I
5 \.Jould just 11.ke to say that I hope this Panel find me
6 give me their vote of confj_dence and release me on
7 pa1·0Je. 1'hank you.
8 PRESIDING COMMISSIONER MONTES: Thank you very
9 n1uch, Mr. XXXX. The Lime is now 10:21. We're going to
10 recess for deliberation.
11 R E c E s s
12 --oOo--
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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2 D E C I S I 0 N
J DEPUTY COMMISSIONER GARDNER: We're on.
4 PRESIDING COMMISSIONER MONTES: All right. The
5 time is 10:50 a.m. and we have reconvened the hearing
6 for the Panel's decision in the matter of Mr. XXXXXX
7 XXXX I c-xxxxx. All parties are back in the room and our
8 DA is with us via video. Mr. XXXX was received by CDCR
9 April 25th, 1984 from Los Angeles County. He is serving
10 a sentence of 26 years to life for the First Degree
ll f'.1urder of 79-year-old XXXXXXX XXXXXXX. The Panel today
12 has considered all of the information that we deemed to
13 be both relevant and reliable. We considered the
14 testimony presented by Mr. XXXX. We heard some comments
!5 from the DA's office. He did express some concern
16 regarding the recent counseling chronos but he submitted
17 the decision to the Panel's judgment. 'l'he inmate
18 counsel spoke in support of the inmate's release.
!9 Confidential portion 111as reviewed but we dld not find
20 anything in Lhe confidential fi.le that 1r1as relevanl for
21 our decision today. And the basic question that we have
22 to ans1t1er is l·Jhether or nol Mr. XXXX would pose a
23 potential threat to public safety upon release to the
24 free community, and our decision has to be based on
25 xxxxxx xxxx c-xxxxx DECISION PAGE 1 1/21/16
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evidence in Lhe record of his current dangerousness.
2 And l•lith those legal standards in mind, we find that
3 Mr. XXXX does not pose an unreasonable risk of danger to
4 society or threat to public safety and is therefore now
5 eligible for parole. Now, the record does reflect some
6 circumstances tending to show unsuitability, but we feel
7 that they are now outweighed by others that tend to
8 demonstrate suitability for parole. Our decision
9 doesn't diminish the £act that the crime committed by
10 fvlr. XXXX was a cruel, deplorable, reckless act on his
ll parl and one in which he demonstrated callous dj_sregard
!2 for human suffering and human life. The victirn was
[3 vulnerable in that he was 79-year-old elderly man
14 working his final day on his job and the inmate on the
15 other hand was a young able-bodied strong 23-year-old
!6 young 1nan armed, arming himself with a knife and the
17 victim was unar1ned. We'll refer the reader. of this
18 decision to Lhe Appellate Decision pages 2 through 7 for
19 the details, but the essence of the crime involve the
20 inmate who was then a 23-year-old young man, married
21 wilh an infant son at home. I-le was working, had been
22 working and got involved with a coworker in an
23 extramarital affair for a couple itieeks. He was
24 approached by his boss about that relationship which he
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denied and then the inmate's hours began to get cut.
2 Eventually hr::> put in his notice but was let go
3 immediately. Rather than be honest and forthright with
4 his wife v.•ho i,vas also working to support the family, he
5 dep.leLed h:is savings while he looked [or. work. l-!e was
6 unable to fj_nd meaningful work to supplement or to
7 supplant his incorne and he was also unable to pay his
8 bills once he ran out of tnoney. And there was the added
9 stress not only of the affair and not having been
10 truthful v1ith his 1-vife about that, he turned to drugs.
!l For a period of time he v1as under the he was using
12 cocaine, and for v1hatever reason, he was unable or
13 unwilling lo tell the truth about his duplicitous
14 behavior which added to the stress ha1.ring to £ace his
15 wife everyday who was going to work to support the
16 family. And long story short, in March when the rent
17 payment came due, the victim was given a bad check for
18 the rent, intnate hoping that he could make some money in
19 the 1neantime to n1ake up for that and l-1as unsuccessful.
20 So aboul a week later the victim confronted the inmate
21 and asked him for cash for lhat bad check, and during
22 that· discussion, there were some angry viords exchanged.
23 And the landlord, the victim, began talking about
~ eviction proceedings, starting eviction proceedings, and
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lhe inmate then panicked, lost it, reached for a knife
2 stabbing the victim. He actually stabbed him in the
3 back first and then eventually hit him on the head with
4 a brick trying to quiet him down as the victim called
5 for help. And then he stabbed him again in the stomach
6 which proved to be the fatal blow causing the victim's
7 death. So this resulted in a senseless death which
8 couJd have been handled any number of ways. The inmate
9 does appreciate that today. He talked about some of the
10 options that he had available to hi1n 1 that he \<Jould
II utilize in the future should he find himself in a
!2 simiJ.ar situat.ion unable to pay his bills. So that
13 said, however, the California Supreme Court has ruled
14 that after a long period of time the commitment offense
15 itself rnay no longer indicate that the inmate still
16 poses a risk to the public when there has been a lengthy
17 period of positive rehabilitation. In this case, the
!8 inmate has served over 32 years and many of the
!9 circumstances that tend to show suitability are present
20 in his case. He does not have a history of violent
21 crime either as a juvenile or as an adult. Prior to the
22 life crime, lie had a relatively stable social history.
23 He has the supporl of family, extended family today, his
24 grandmoLher, his sister, his aunt, his son who
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incidentally is a correctional officer, have all
2 indicated their support for him and will provide him
3 fina11clal support, transportation, assistance finding a
4 job, moral support, eL cetera. So he does have that
5 cushion of support out in the free communiLy. He has
6 also accepted full responsibility for the crime. He
7 talked about the crime today, virtually leaving out no
8 details, and more importantly, he clearly recognizes the
9 reasons that he committed the crime. He shared with us
10 a significant amount of insight that he has developed
11 into himself, the character defects that led to his or
12 contributed to the crime and he also talked about his
13 remorse. He does clearly appreciate the magnitude of
14 the crime. He appreciates the facl that he had other
!5 oplions and had he just been honest and truthful, had he
16 nol been selfish and just thinking about himself
17 engaging in this relationship i-Iith the coworker, and not
18 turnlng to drugs instead of' dealing with his situation
19 in all honest and forthright way. It's clear that he has
20 add.r.essed his issues with significant arnount of
21 humllily, honesty and candor. In terms of remorse, it
22 was clear througl1out the hearing today the inmate did
23 become emotional at times as he was talking about the
24 crime and Lhe victim and the impact, the way in which he
25 xxxxxx xxxx c-xxxxx DECISION PAGF. 5 1/21/16
- - · · - - - - - - ·--------
l'./orthern c:alifornia C'ourt Reporters

84
has adversely affected the lives of so many people. So
2 the remorse appeared quite genuine to us today. The
3 inmale is at an age now at 56 where we see the
4 probability of recidivism is attenuated. \'Je also found
5 his parole plans to be perfectly acceptable, l-le has
6 been accepled to the Francisco Homes where he plans to
7 stay a n1inin1um of a year. He is also looking into SSI.
8 The inmate also has some vocational skills that he can
9 put l~o work as his health allows. l·le does -- he's
10 realistic about that and would like to work part time.
11 He has obtained vocations in janitorial, in HVAC, in
12 computer technology. He also, when he has worked as a
!3 porter, as a medical aid and a clerk, he has gotten
14 favor.able reports from his supervisors. So he's got a
15 good work ethic. And he also has a relapse prevention
He has a parole plan. His relapse prevention
17 p.Lan is very specific to his issues. Clearly he put
!8 .some thought into that, and the inmate has had -- I
19 thjnk the biggest concern for us today was the history
20 of 115s. He has had 25 115s during his incarceration.
21 Eleven of ll:ie1n were serious. The last one was in May of
22 2013 for delayi.ng a peace officer. We talked about that
23 •11 it h him l o day . He indicated that he didn't hear the
24 announcement about the call for the medical ducat. It

~-------------------------
1Vorthern ('alifornia ('our/ J<.ejJOrters

85
is certainly plausible. We found that to be a plausible
2 explanalion given his hearing loss. And he also had a
3 nurnt)er of counseling chronos. I believe he's got 19, at
4 least 19 counseling chronos. A couple of them were in
5 November for calls and passes and failing to respond to
6 a ducat, medical ducat, so vJe had sorne concerns about
7 Lhat and discussed that as well. We didn't feel that
8 they rose to a level of demonstration o[ current
9 dangerousness however, especially in light of his
10 testimony today. It's clear the inmate has done a lot
I! of v1ork into understanding himself, his character
!2 defects, his reasons that he engaged in this 1'.)articular
13 crime. The inmate has involved himself in AA/NA. He
14 leads the group. He's been involved in CGA. He has
15 certificates for anger management courses, communication
16 course::i, relationship courses. He also has written book
17 reports on books that are very specific to his issues,
18 one on Cognilive Behavioral Therapy for Dummies and he
19 was able to ans1.;er questions in a very meaningful way
20 abouL what he got out of his reading and his tvriting.
21 One of the most impressive things he's done is to
22 complete the PREP course, all of the modules which I
23 think have helped him develop some insight into hirnself.
24 I was impressed by the closing statement that reflected
Norrhern California C'ourr Re11orfers

86
a very thoughtful, a very humble, a very self-refJective
2 individual and he stated it without any notes
3 whatsoever, very candid into his self-understanding so I
4 was impressed by that. The inmate has no history of
5 mental iJ l.ness. His classification score is down to the
6 mandatory minimum of 19 points. He does have some
7 physical disabilities. He suffers from end stage renal
8 disease for v-1hich he receives dialysis. l·le .has
9 significant hearing loss and he also has some issues
10 with arthritis, but he hasn't let that get in the t..iay of
JI his helping out and assisting other inmates who are in
12 hospice and elderly inmates as i,.1ell. So those were a
13 lot of the reasons that we, the Panel, felt were
14 circumstances that contribute to his current
!5 sui1-ability. The Comprehensive Risk Assessment by
16 Dr. 1'ran-l,ei dated December 14th, 2014 also finds that
17 he presents a statistically low risk of re-offense and
18 we think thal that report certainly supports our
19 decision today. And before I get into the term
20 calculation, Commissioner Gardner, anything you would
21 liko:= Lo add?
22 DEPUTY COMMISSIONER GARDNER: No. I think you
23 covered it very thoroughly and did a great job.
1'./ortl1er11 ('alijhrnia ('our! Reporters

87
~,sir. We did update the term calculation based on
2 I F'irsl Degree Murder, life term start date of July the
3 9th, 1984. We applied the matrix in 2403(b}, column C
4 for sever trauma suffered by the victim, row two because
5 of Lt1e prior relationship with the victim. We did not
6 aggravale or mitigate the crime, the offense.
7 subtract seven years in which the inmate received
8 serious 115s including 1989, '90, '91, 1

92, '94, '97 and
9 2013. We included four months of standard
10 post-conviction time for a total of 21 years. \Ile found
II that there were at least three exemplary years when the
12 inmate either completed a vocation or did exemplary
13 programming, particularly, vocational janitorial i,vas
14 completed in 2009. July '13 through June 2014 and July
15 '11 lhrough June 2015, we found he engaged in exeinplary
16 programming. So the post-conviction credits total 108
!7 months. Prison term total is 240 months, and your
18 attorney can explain to you what all tliat 1neans. This
19 is not a fi.nal decision, though, sir. It does require
20 reviei,.1 by our Decision Review Unit in Saci:-amento, as
21 1t1ell as the Governor, the Governor's staff and the
22 Governor himself would have to sign off on your release.
23 So i.f a difj erent decision is made at eilher of those
24 junctures, you will be notified in writing of that.
f\1orthern L'a!ijhrnia Court RejJOrlers

88
Special conditions of parole, when you are released you
2 will be subject to all the general conditions of parole,
3 and in addit\.on to tl1at, 1t1e would make i t mandatory that
4 you participate in antinarcolic testing and that you
5 refrain from the use of any drugs or alcohol as you have
6 admitted to being under the influence at the time of at
7 least cocaine and you also have a diagnosis for Cocaine
8 Abuse which is in remission in a controlled environment.
9 We also would require you to remain in the transitional
10 housing for a minirr1um of one year, which you apparently
11 will do voluntarily, and then your departure from there
12 really is dependent on -- that should be a joint
13 decision betv1een you, your para] e agent and your case
14 manager at the facility when you are ready to go. And
!5 other than lhat, we do recornmend that you stay
[6 disciplinary-free, no 115s, no 128As, because those
17 could put the brakes on all of this. That you make sure
18 you kno1-.• when your appointments are, your ntedical, your
19 priority ducats and you 1

re the first one in line whether
20 they caJl you or not, and so that you can remain
21 disciµlinary-free and continue to do all the good
22 sel f·-heJ p that you've done. I think it's been very
23 helpful in yrJur developing the insight that you have
24 today. You're very ernotional at this time, sir, I can
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89
see t11a t. And I can fully appreciate that. It was a
2 pleasure meeting you and talking with you. Good luck to
'' you.
4 INMATE XXXX: (Inaudible).
5 PRESIDING COMMISSIONER MONTES: All right. We
6 a re adjourned. The time is now 11:07 a.m. Good luck to
7 you, sir.
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l1 RECENT BOARD HEARING AND IS PROVIDED TO YOU IN
!3 (A) (4), AND CALIFORNIA CODE OF REGULATIONS, TITLE 15,
20 LAW 1 ERROR OF FACT OR NEW INFORMATION PURSUANT TO
21 CALIFORNIA CODE OF REGULATIONS 1 TITLE 15, SECTION 2042.
24 PURSUANT TO PENAL CODE SECTIONS 3041. l AND 3041. 2.
Northern C'a!iji.Jrnia (,'ourf I?..eJJOrfer.1·

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CERTIFICATE AND
I, Debbie Livengood, as the Official Transcriber,
In the matter of the Life CDC Number: c-xxxxx

Hearing of:
xxxxxx xxxx
CALIFORNIA HEALTH CARE FACILITY
STOCKTON, CALIFORNIA
JANUARY 21, 2016
8:50 A.M.
my ability, of the recorded materiaJ provided for
transcription.
Debbie I,ivengood
February 2, 2016
Copyright 2016/All Rights Reserved by BPI!
J\Torthern Cal(fornia Court RejJor/ers

Continuation
SUbS~QUENT PAROLE CONSIDERATION HEARING
STATE OF CALIFORNIA
In the rratter of the Life CDC Number: B-XXXXX

Term Farole ~onsid8ration
Hearing of:
XXX}'.X XXXXX/~X
L.i'.l.l\JCASTEH, Cl\LIFORNIA
FEBRUARY 25, 2016
11:29 Jl•. M.
PANEL PP,ESEN':':

ROSALJO CASTRO, Deputy Commissioner
OTHERS PRESENT:
DAVID HAMIREZ, Attorney for Inmate

PHILIP WYNN, Deputy District Attorney
_ _ _ _ }Jo See Review of Hearing

Yes Transcript Memorandum
C. Bunker, 'I'ranscriber, NCCR

2
I N D E X
Proc:eedings .. 3
Pre-Cornmitmenl Factors.
Pos"':: - Corr:nii LlnEon <.. Factors.
Parole Plans . . .
Closing Statements
Recess . . .
Decisior:. . . . .
Adjournment . . . . . . . . . . . . . . 5
Northern C'al~f(Jrnia C'ourr Reporters

3
2 DEPUTY COMMISSIONER CASTRO: Ckay, y..•e' re on the
3 record.
4 PRESIDING COMMISSIONER GARNER: All right. This
5 1s a, v1as scheduled as a Subsequent Paro2._e Consideration
6 Hearing for [,;r. xz:XXXXX. His COCR N~mber is B-XXXXX.
7 The date today is February 25th, 2016. The time is
8 approximately 11:29 a.m. We're located at the
9 Califorr.ia State Prison, Los Angeles, ;-.•hich is located
10 in Lancaster. We'll go ahead and get everybody's name
l! on the record for the transcriber. I'll start. Jack
12 Garner, G-A-R-N-E-R, Commissioner.
13 DEPUTY COMMISSIONER CASTRO: Rosalia Cas"Cro,
14 C-A-S-T-R-0, Deputy Commissioner.
15 ATTORNEY RAMIREZ: David Ramirez, R-A-M-1-R-E-Z,
16 attorney for Mr. XXXXXXX.
17 DEPUTY DISTRICT ATTORNEY WYNN: Philip Vllynn,
18 \'J-Y-N-N, Deputy District Attorney, Los Angeles County,
19 appearir,g this morning by way of videoconference.
2! yuu, e1.>eryone. Basically 1 the Panel was aware that
22 Mr. XXXXXXX did have a pending 115 upon arrival at the
23 institution earlier in the "''eek. We waited until the
24 last possible moment, which would have been "'::_~is
25 rc1orning 1 to s0e if the matter had been adjud.icated. I"'::
,,\'nr!hern (,'a/{f(irniu c:ourl J~eporler.1·

4
has not; in !act, Commissioner Cas<::ro checked just a few
2 moments ago ond it rernains as a pending 115. The date
3 of the J 15 is December 16, 2015. It was for controlled
4 substance, drug paraphernalia, and distribution. :;: t is
S noted as a serious 115. The Panel, being mindful of
6 section 22·12 uf Title 15, 1,•hich basically tells the
7 Panel ~hat i~ i t ' s determined during the course of the
8 hearing that a decision regarding parole cannot be made
9 because of the pending charges, the Hearing Panel shall
10 continue <::he hearing. And essentially this is something
II that the Panel v..·ill need to have resolved because it is
1'.?. pari.:. of a pattern that we did see with respect to
13 disciplinary conduct. We're also mindful now that
14 Mr. xxxxxxx now does meet the eligibility as a you:.hful
15 offender, and his current risk assessment does not take
16 that into consideration. That will be a matter for the
17 ne;..;t Par.el if in fact it's not completed during this
18 period cf tirne where the review will occur on the 115.
19 And present notice requires at least a 90-day period, so
20 there's a very strong likelihood that it's going to get
21 ca.:er.dare:::! tc.:!:ore the nex:. l"'.ear.:'..ng, but ln the eve;>,t it
22 doesn't that will be up to the next Panel.
23 Corr.missioner, anything for the record today?
24 DEPUTY COMMISSIONER CASTRO: Nothing further. I
,.
,;..) concur.
1\'orlhern ('alifornio (.'ourt lli!jJOrters

s
PRESIDING COMMISSIONER GARNER: Mr. Ramirez,
anyLhing for ~he record?
3 ATTORNEY RAMIREZ: No.
4 PRESIDING COMMISSIONER GARNER: And Mr. Wynn,
S anything for the record?
6 DEPUTY DISTRICT ATTORNEY WYNN: No.
7 PRESIDING COMMISSIONER GARNER: l.\.11 right. Then
8 the time is now approximately 11: 32 a .m., and that i.-.1ill
9 conclude the XXXXXXX matter.
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--'
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25 xxxxx xxxxxxx B-XXXXX 2/25/16
1Vorthern ( 'al{fhrnia (,'ourf f(f'jJorlers

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CERTIFICATE AND
l, C. BUNKEP, as the Official Transcriber, l-.ereby
cer~ify that the attached proceedings:
In ~he matter of ~he L~fe CDC Number: B-XXXXX

Te~m Parole Consideration
Hearing of:
xxxxx xxxxxxx
LANC.Z:1.STER 1 CP1L~FORNIA
FEBRUARY 25, 2016
11:29 _µ,_.M.
t.:-:-ar.sc·r.:pLicr:.
' !' ,
.... , ,' ! ,I_
t:_/;, ·-
C. Bunker
Marr-:h 7, 20J6
Copy!~ight 20~ E/AJ ~ F.ights Reserved by BI'H
1\:orthcrn (,'aliforn1a (.'our! Rc11ortcr.1·

Split
SC3SEQ2ENT PAROLE CONS:DERATICK HEA?=NS
STATE CF CA~!FORN!A
BOARD CF PAROLE HEARINGS
In tte rr1atter of the Life CDC l\urnber:

Term Parole ':onsidera~~on
Hear.=-:-19 o:<:::
CALIFORN:A SUBSTANCE ABUSE TREATMENT FACILITY
A1'~1J STJ-.TE FRISON, CORCORAN
CORCOP,.1-\l\, CJl..LI FOF.NIJ>.
,JULY ?S, 2016
8:~5 A.M.
FANEL PRESENT:
ELIZABETH RICHARDSON, Fresiding Commissioner

KEITH STANTON, Deputy Commissioner
CTHER2 PF.ESEl\T;
xx1:z:: J'.Z'.>:xxx::x, Inn'.Late

TRACY LJM, Attorney for lGrnate
ROBERT SUDMAN, Deputy District ALtorney
tv:AYTE :::\11£, Inte~preter
C02PECTIGNAI. OFFICER, Gnidentified
CORRECrI0KS :~ TiiE ~E:lSION hh\ 1 E BEEN MAGE
Ne See Review of Hearing

Yes Transcript MemorandLrn
Cynr:Lia !<crris, 'l'ranscriber:, NCCP_
~----~----·----------------------------------
I N D E X
Pr:::iceeciings .. 3
Case Fac"'.:.ors. 29
Pre-Cummitment Factors. 10
Foco::.-Corr1rr.i ~rFen~ Faci:.ors.
FarcJe Plans . . . . . . .
C~cs~ng S~atements. 84
Recess . . . 95
Decision. 96
.l\djournment. 113
Transcr:'..pt Certification. 11 5
L ___
:\ orthern ('alifornia ('our! Rc1)orter.1·
1
3
DEPUTY COMMISSIONER STANTON: lo.'e're on reccrd.
'_, PRESIDING COMMISSIONER RICHARDSON: Al: rig!-'.t.
4 TJ--.a:-.}: you \'ery rr.cch. So-::.:d n:ornir1g, E:>-'erybody. This is
5 a ScbsequenL Paro:e Suitability Hearing for XXXXX
CDCR number is P-XXYXX. Today's date is July
7 26th ~sic) ~016, tr1e t~me _5 appro~imately 8:45 lG ~he
8 morning. We are loca~ed at the Substance Abuse
9 Tre2trner.t Facility i.n Corce:ran.
10 received by tt1e California 8epartment of Corrections and
11 Rehabilitation on August 10th, 2000 fro1n i.,os Angeles
12 Cot:nty under their Case Number T~A-01"/724 for the
13 control:ing c,ffer1se of Per,al Code Section 187, l'lurder
l4 .Second. There is an enhancement for Use of a Firearm.
15 He rece.:'._yed a ser:ter:ce of 19 years to life. The minimum
16 el:gible parole date has been calculated as November
17 1:::th, 2011. The victim in this case is XXXY.XXX, that's
18 X-X-X->'.-X-Y.-}'., XXXX>'.>:>:>~X XXXX!'.X, X-Y.-X-X--X-}'.. The
19 hearina is being audio-recorded so i t ' s important I get
20 a full voice J_D Gt everybody. I ne&d everybody to state
2\ "!:_ji;~ir £u:;_1 r.ames, spell their last name, and give their
?J po:"ition .in the bearing. Sir, when we get t.o you, I
231 ne<::>d for you to srate your fu:l name, spel: your :ast.
24 cce<c-, df.d givE Y~~r COCP ~URbe~. De you understand?
,-
_) 1 INMATE XXXXXXXX:
l__ _
,\or/ licrn ( 'uf ilorniu ( ·o//rl Re1101·1er.1
4
PRESIDING COMMISSIONER RICHARDSON: All rig'.-lt.
:•rr going ~o start with myself and move to my left.

r . .
3 Elizabeth Richardson, R-I-C-H-A-R-D-S-0-N, --.ommiss::.oner.
4 DEPUTY COMMISSIONER STANTON: Keith Stanton, S-T-
6 INTERPRETER IVIE: Mayte Ivie, I-\'-I-E,
7 interprt:lr,;r fur 1,1.r. X/'.XXXXXX.
8 INMATE XXXXXXXX: xxxxx xxxxxxxx, x->:->:-x-x, x-x-
9 x-1:-x-z-x, F-XXXXX.
10 ATTORNEY LUM: Tracy Lurn, L-U-!'1 1 counsel for
11 Mr. XXXXXXXX.
12 DEPUTY DISTRICT ATTORNEY BUDMAN: P.obe rt Budman 1
13 E-U-D-JV,-P.-N, Deputy Oist::-ict Attorney, Los Angeles
14 Cour,ty.
15 PRESIDING COMMISSIONER RICHARDSON: All right.
16 'That does i:ic::nti fy everybody in the roon, ezcept fer the
17 cc·rrectional officer ,.,•ho is here strictly for the
18 FUY'fJoses of secu.::-ity. At this time, wha~ I'd like to do
19 is go ahead and 21rJear in the :i.nterpreter. Do you
20 so1Err1nly sw~dr or affirm to the best of your ~bil~ty
at this proceeding?
INTERPRETER IVIE: I do.
24 PRESIDING COMMISSIONER RICHARDSON: Okay, -:-_hank
are goii-:g to ha·ve her on standby,
.\'orJ!rern ('u!iforniu {'our! l?.e11or/('r.1

M~. XXXXXXXX knows some E~glish. So at. any point, sir,
i~ ycc 2~e ev0n noL unders~anding n1e or r.ot
3 understand:.ng one cf the other i=,arties, o.i::- if you're
4 havi~g ~rouble trying to figure how to say somethiLg in
5 Eng::.~sr., t=-lta.se go ahead and use J-:er ser1rices. Okay?
6 INMATE XXXXXXXX: I s:.ire >·;ill. TLank you.
7 PRESIDING COMMISSIONER RICHARDSON: You have good
8 Sr:.g::.ish. Yo~ t1ar~:y have 6n accent.
9 INMATE XXXXXXXX: \r?ell, but you knoi:1, it's my
10 secor1d langu~ge.
11 PRESIDING COMMISSIONER RICHARDSON: Yeah, I kno,.,i.
12 Al::.. right. ~he first thing I'm goi~g to do is I'm going
!3 tC! go over a forrn that you signed back or1 February 19-ch,
14 2015. ~c. it must be 2016. It was a Request for
15 A.:osistance forrn. You indicated at that time that you
16 di.ct not need any spec:'..al accommodat.:..ons in order to
17 particir:.~ate al this hearir:g :.oday, except "'it'.-1 the
18 ezc:~pi::.ion \!i l_he srar;isT: .:'..:it.erpreter whi::h 1"'e have. Is
19 thar. sti.11 t.f,e case today :.hat _you cion ' t need any
20 addit.:..ur1al accomffiodations?
21 INMATE XXXXXXXX: j\] (J . Th~t's al: I ntsd right
22 00\tJ.
PRESIDING COMMISSIONER RICHARDSON: 0}: cty'
24 INMATE XXXXXXXX: TLar.k you.
25 I PRESIDING COMMISSIONER RICHARDSON: NC!>V I GO see
L-----~-----
Are your gla~ses okay as far as
bei~g ab~e ~o se~? Can you see well with your glasses?
3 INMATE XXXXXXXX: Yes, they are. Thank you.
PRESIDING COMMISSIONER RICHARDSON: Ckay. l\l l
5 rigt.t. I'n1 just going to ask you some other questions.
(i Cb, it is 2015, I guess because of the de2.ay. Csually,
7 they cic that agair;. Okay. So did you have any pr~blems
8 waL:ing here 'Oday'
9 INMATE XXXXXXXX: No.
10 PRESIDING COMMISSIONER RICHARDSON: Ar,y problems
11 with p~olonged sitting, sitting . '

for a long -;:. irne.
12 INMATE XXXXXXXX: No. I'm all ri~~ht.
13 PRESIDING COMMISSIONER RICHARDSON: Okay. Are
14 you pre~ently taking any medication that you think would
]'\ af:!:ect your ability either to ur,derstand this proceeding
16 or po:rticipac_e at this proceeding?
17 INMATE XXXXXXXX: I don't think so. 1 'm or,ly
18 takir1g diabeLes rnedicat.ion and b.igh blood pressure.
19 PRESIDING COMMISSIONER RICHARDSON: Okay. But
20 you dcn'L :hink ~hat's goi~g to affect yo~r abiliLy?
21 INMATE XXXXXXXX: No, I don'L think so.
22 PRESIDING COMMISSIONER RICHARDSON: Okay.
INMATE XXXXXXXX: I'm going to be a11 right.
::'5 J,t ar:v ;:oir,t if }'OU de believe the ~ffects of those J

---------
;\or1hcrn ('a!ifiirnia ('our/ Rc1)ortcr.1·
7
~ejica~~cn ~r to yoGr ~ond~licn is a prot!em for you,
2 v.'2.li yo·J f'l<:::ase 1-e:: us i:no,.v?
3 INMATE XXXXXXXX:
4 PRESIDING COMMISSIONER RICHARDSON: .Z:i.ll right.
5 INMATE XXXXXXXX: I >-1ill, the:nk you.
6 PRESIDING COMMISSIONER RICHARDSON: P.nd J: did see
7 that yo'-' got. your GED in 2009. Is that cor:rE;:c::t?
8 INMATE XXXXXXXX: Yes, rr,a'am, that's correct.
9 PRESIDING COMMISSIONER RICHARDSON: .C\.ll right.
lO Counsel, do you agree )'Our client's ADA J1rrnstrong right.s
11 have been mei:::?
12 ATTORNEY LUM: Yes, I do.
I3 PRESIDING COMMISSIONER RICHARDSON: Nov..' sir, also
14 at that same r.imeframe, you should have gotten your
15 hearing rights packet. And one of i:::hose papers oJtlines
16 all of your rights regarding your hearing, and you
17 should have discussed your hearing rights 1..;ith your
18 a"'::torney. Do you recall that?
19 INMATE XXXXXXXX: 'Ies, I do.
20 PRESIDING COMMISSIONER RICHARDSON: Okay. Do you
21 t..:.r,der~;t.2r.d J'C''Jr ]:earing rights?
22 INMATE XXXXXXXX: Well, understand i t so far,
23 ."30 tf:o:-.k you.

I
241
l:.
PRESIDING COMMISSIONER RICHARDSON: r.:ght.
25 t sr1y pc:ir,::. if ycu h0vp a qt.;<:-St.icn regal"ding any of
~~~~~--~~
8
you~ rights, please bring i t fer our attention --
2 INMATE XXXXXXXX: Sure.
) PRESIDING COMMISSIONER RICHARDSON: or yocr
4 attclr1ey 1 5 at-c.er;:.ion, ar,d v-.·e'll go over t'.Jose rights.
INMATE XXXXXXXX: Okay.
6 PRESIDING COMMISSIONER RICHARDSON: Okay?
7 INMATE XXXXXXXX: Thar,k }'CU.
8 PRESIDING COMMISSIONER RICHARDSON: Counsel, do
9 you agre~ your c~ient's hearing rights have been met
10 thus far?
11 ATTORNEY LUM: Yes, I do.
13 And we de,. have a packet I believe all of the parties got
14 it. ~t's Parole Consideration documents in suppor~ of
15 X>:Xi'.X x>:x>:xx>:X' s grant of parole.
16 DEPUTY DISTRICT ATTORNEY BUDMAN: I received it.
!7 Tbacks, Conlrr,issioner.
18 PRESIDING COMMISSIONER RICHARDSON: Okay. P..nd
19 I']~ ju"t gEO:t a verbal coniirrnation that the attorneys
20 ha~e receive~ ali the docGments in Watch Docs, both ~he
21 b':i-day packt-t as well as c.r,e ten-day packet.
22 ATTORNEY LUM: Yes, I have.
DEPUTY DISTRICT ATTORNEY BUDMAN: I have also,
'I'r-1ar.k ye'".
PRESIDING COMMISSIONER RICHARDSON: Okay. 1'.ny
~~~~~~~~--~~~~~~~~~~~ J
9
pr~liminary cbjections?
ATTORNEY LUM: !~o cbjections.
3 PRESIDING COMMISSIONER RICHARDSON: Oka~/. Sir,
4 the purp~se cf Loday's hearing is to determine your
j sui~ability for paro:e. Ir: doing so, \_,e' ~e gcing ~o
6 cor:sider the nurnber aLd r:ature of the crimes fer whic.:'n
7 you were comn1itted alor1g with your firior criminal and
8 soc~Lal histc.-'ry, as v..•el: as your behavior anci programming
9 since the tirne t.hat you've been incarcerated. We did
10 ha\le a chance to review your EC-File, that's the
11 electrucic forrr1 o-!. your Central File, as we2-l as a:._1 the
12 docurner,ts in \fllatch Docs. Watch Jocs is a new form for
13 the Lifer Packet. So you may recall ir: ~ast heari~gs,
14 we had a hard packet like this. It's now all int.he
15 computer, so that' :s v.. hat t.he 1 Wat.ch Docs 2-s \'\e also had
16 an OpfJortunj_ty t.o reviev1 y:::iur confidential file. We
17 wilJ notice you in accordarice v..1 ith Titj_e 15 if any
18 portion is gcing to be used. We are going to reach a
19 De,--:ision here today as to v1hether or not we find you
20 suit.able for parole and the reasons for our Decis.::.(ln.
21 It ' s irnportant that yo'..l understand that. nothing LLdt
harpens her0 today will change the findings of the
23 C(.,C.r":... i'.Je !icJ.d the findings of the cGurt to be true.
:?.c.\ \•:e' r 0 r.oi:: lit· re to rei..ry ysur case. \t\'e':::e here fc.Jr :he
25 ;oc~e pu.rpo~:~~ of det.ermi.ning your suital:-.:'..lity for parole
------ - - - --- --· - . - - - - - - - - - - - - - - - - - - - __ J
/\''01·1her11 ('u!ifi;rnia ( '011r1 J?c11or1er.1

10
De yuu cn~er2tand?
INMATE XXXXXXXX: Yes, ma'arr., I 'Jr,de.cs::,e:nd.
3 PRESIDING COMMISSIONER RICHARDSON: l~ny quesi::ions
6 PRESIDING COMMISSIONER RICHARDSON: All righ"!::..
7 If ycc ~ould pleas~ raise your right hanJ. I.;o you
8 so:emn~y sw~ar or affirm the testimony you're going to
9 prcvide in these proceedings will be the truth, the
10 whc]e tru~h and ~othing but the truth?
11 INMATE XXXXXXXX: Yes.
13 Ok:Cty. Jo you have any questions regarding the format,
14 w~at we're going to ta!k about and when ~e talk about
J~'s going to be the same format that you had in
!6 2 0 : _ 0. Do you want me to go over it?
17 ATTORNEY LUM: l'!o. No questions, I vJect O\'er it.
18 PRESIDING COMMISSION'ER RICHARDSON: Ok a:/. All
19 ri9l1t. \lery good. We'll go ahead and get started then.
20 Ye~ were bo1ri in Nicaragua. Is that correct.?
21 INMATE XXXXXXXX: y (--; s .
PRESIDING COMMISSIONER RICHARDSON: And your
23 ur:,trir,q:Cr;g 1N'uo~ preLty norrr.al as you des:_·.:ibed to "'::be
24 .~LlilC,d;1. ~·,_)u didn't have aDy problems from your
~:5 l 1:.>C:Jrc·r.t5. r:arents didn't have any p!·oblems bet.ween
L" --~- - ______ __ ,
/Vortliern C~o/iforniu r 'our/ J?.c;Jorters

11
You went to school until eighth grade, and
~her_ ycu qu_t in crder tc wcrk with your father and help
3 your fam:ly finaccial.':_y. Is that correct?
4 INMATE XXXXXXXX: That's correct.
j PRESIDING COMMISSIONER RICHARDSON: No history of:
6 ar_y proL,~ems as far as school, never in\'c,.:ved ..:..n a
7 :::.treet gang. Never invo~ved in any criminal a~tivities
8 whi · e you 1~·ere in Nicaragua. :rs that correct?
9 INMATE XXXXXXXX: ~hat's correct.
10 PRESIDING COMMISSIONER RICHARDSON: So why did
11 I you come to the United States illegally?
12 INMATE XXXXXXXX: ftlell, because just let's say
13 chasing a dream and try tc get a better life, you know.
14 PRESIDING COMMISSIONER RICHARDSON: Yeah.
15 but v.<hy didn't you just do .it legally? You could still
16 c~,ase a dream legally.
17 INMATE XXXXXXXX: Because it's not easy to get a
18 \risa for pec_•pJ.e thaT:, you know, that's rr1iddle class or
19 surr:ething. So sometirr:es 'Cl-.at' s 11'11'.y, you know, you ha\,re
20 L~ ccme th6L way.
21 PRESIDING COMMISSIONER RICHARDSON: G}:a_y. So
22 w~en was the first time yo~ did anything criminall}•?
INMATE XXXXXXXX: l'lel~, I could say v..'hen l
'.24 sc.or<;_c-d u.sir.y circgs arid drinking, and ycu. J.::ncv..', dr.i.vir.g
.'.:5 t.:nie.r t.J1e !r1f.1-ue.'1ce and stuff lil~e that. That was my
I
l_ _ _ _ _ _ - - - ~~--~~~~~~~_J
.7\-'orthern ("a/ifiJ!·niu ('our/ ReJHirlcrs
12
fir~t cr~~es ~hat
2 PRESIDING COMMISSIONER RICHARDSON: Okay. H'.)W
3 old ~ere you wten you started to drink?
4 INMATE XXXXXXXX: ~e:l, I was like around aboct
5 [ 23, 24 years old.
PRESIDING COMMISSIONER RICHARDSON: J\n_d how at•ou:,
dregs?
INMATE XXXXXXXX: Dre.gs I just started around 24
9 or 25 years old, some1-Jhere around there.
10 PRESIDING COMMISSIONER RICHARDSON: Okay. ::: o you
ll carrce to the !Jnited Sta-::es in 1·1hat year?
12 INMATE XXXXXXXX: I think 1983.
13 PRESIDING COMMISSIONER RICHARDSON: Okay. And
14 what happened in 1983?
15 INMATE XXXXXXXX: When I came to this country, !
16 got arrested by Imrnig::-atior,, and then i t was like ·~1as at
17 the border.
18 PRESIDING COMMISSIONER RICHARDSON: It wasn't
19 tYat because you were breaking the law?
20 INMATE XXXXXXXX: ·1eab. That's because I came
21 il~e'.}2'11-v.
22 PRESIDING COMMISSIONER RICHARDSON: So \-Jouldn ' t
23 thdt l:;e ;-_'.le f :'..r~t tinl'.:~ that ycc. bro~·.e L-he law?
INMATE XXXXXXXX: Well, whatever they say back
tJ-~e:ce, i,1her. I came :'..12.egally.
··---------------------
13
PRESIDING COMMISSIONER RICHARDSON: C}:ay. Did
3 INMATE XXXXXXXX: t\<:.,, I'm not Mexican. I'rnfrorn
4 l\.!._ca:cagua, !:o no.
5 PRESIDING COMMISSIONER RICHARDSON: So did they
6 deport you :_o
7 INMATE XXXXXXXX: No. 'l''.-'1ey ler. rr.e s':ay here, but
9 PRESIDING COMMISSIONER RICHARDSON: So 1:.>hat
10 happened ~n the deportation proceed~ng?
11 INMATE XXXXXXXX: It never happened. Since then,
12 I'm he re.
13 PRESIDING COMMISSIONER RICHARDSON: okay. ltlha t
14 happened aft~r you got arrested by the
15 INMATE XXXXXXXX: They released me here in the
16 United States. They gave me permission to stay under
17 v.1ith the cicatior. to go back to court, b'Jt I ne\7er 1rJent
18 back to court. And : stayed here illegally.
19 PRESIDING COMMISSIONER RICHARDSON: Okay. So
20 tt1at's the ~econd time you broke the law.
21 INMATE XXXXXXXX: Well, you can say lhat because
22 yciu know, I came in j llegally. Then I didn't show up to
'"
_ _) cou x '- "i' ea l. that would te twice r~ght there.
24 PRESIDING COMMISSIONER RICHARDSON;
25 s:..:·: mont}1s, you got arrested for possession of drugs.

14
INMATE XXXXXXXX: Within six months?
2 PRESIDING COMMISSIONER RICHARDSON: \\

1
ell, you got
3 arrested at the border in October 1983. Oh, I'm so-;:.ry,
4 it v:c;sn't. That's not 'Si;, ir.'s '94. '::'o;..i g:.Jt arrested
5 fo.:: dru;i.s iL 1994.
6 INMATE XXXXXXXX: We~l, let's say yeah, I got
7 aYrested in that a~ea where they arresr. a ~ot of people
8 for dr'-.Jgs. And they released me on the same night
9 because they didn't charge me with drugs or nothing like
10 that, so yoJ knoi,..•.
11 PRESIDING COMMISSIONER RICHARDSON: And how long
12 have you been using drugs at tha~ point?
13 INMATE XXXXXXXX: At that point, I barely started
14 right there 1 think.
PRESIDING COMMISSIONER RICHARDSON: No, in --
16 INMATE XXXXXXXX: NG. '94, no, no. started in
17 the r 80s so --
18 PRESIDING COMMISSIONER RICHARDSON: That's right.
19 INMATE XXXXXXXX: -- I was like probably like
20 arcun.j, lE:t' s say eight years.
21 PRESIDING COMMISSIONER RICHARDSON: h0vJ rr1ar.y?
22 INMATE XXXXXXXX: Eight, lei:,' s soy eight years.
23 PRESIDING COMMISSIONER RICHARDSON: Eight years.
24 INMATE XXXXXXXX: l-e s.
,.
.) PRESIDING COMMISSIONER RICHARDSON: Were you an
I
'
L --------·· ·----------- ---------------------~
15
odci~.:::c?
INMATE XXXXXXXX: I'd say yes, I was an addict
3 becaJse you know, I 1,1 as usir.g drugs.
4 PRESIDING COMMISSIONER RICHARDSON: v:i-iy would you
S so.'j yes?
INMATE XXXXXXXX: Because you knew, wha~ got me
7 _,_r: :_:;:0JD.:'.'2 h'as drc.;'"'S c:.nd 2.~Coho:i.-.
8 PRESIDING COMMISSIONER RICHARDSON: Yc,::i tcld the
9 c~inician that your usage of drugs and alcohol was
10 occc;;sicnal w!1er1 you were parL.ying.
12 PRESIDING COMMISSIONER RICHARDSON: That's the
13 onJy t:irr.e you used them?
14 INMATE XXXXXXXX: Yes, i t i:vas the only time I
15 used -chern but it s t i l l , what's got me in trouble I'm an
16 a~.cchol or addict.
17 PRESIDING COMMISSIONER RICHARDSON: Okay. You
18 1-1e1e u.'::i.'..r:g c:icair;e.
20 PRESIDING COMMISSIONER RICHARDSON: ls that :-he
21 arL:g ·.:.haI. you 1.;er~ arr<::sted 1.;ith in ::,_99~·;'
22 INMATE XXXXXXXX: t\'el:i., that area, that's v1hat's
dr1;qs, cocaine.
PRESIDING COMMISSIONER RICHARDSON: Okay. t\lha t
you have in your possession when you were arrested
.\'urthern C'ul!f()r11ia ('uurt Reporter.1·

16
in March cf ~994?
INMATE XXXXXXXX: I hod drugs on me. 1 >vas --
4 I~'s because of where you were worki~g.
5 INMATE XXXXXXXX: Yes, the loca-i:icn.
6 PRESIDING COMMISSIONER RICHARDSON: J..nd at that
7 ti n1e, _y:,·u Lai bE:-12 n 'Jsing c9ca1ne for ab::,c_: t C·ight years?
8 INMATE XXXXXXXX: Yeah. Sike I s2y 1

l.'._ke abcut
9 five and eight years to be exact.
JO PRESIDING COMMISSIONER RICHARDSON: Pretty '-'ague.
I1 INMATE XXXXXXXX: Because you knew, v,·hen I
12 s-;::~r+:0d, I 1:;as VECry curious. Just you know, try here
13 and e,her-e.
14 PRESIDING COMMISSIONER RICHARDSON; When did
15 it --
16 INMATE XXXXXXXX: And then, you knovJ, this
17 thing
18 PRESIDING COMMISSIONER RICHARDSON: llJhen did it
19 change that you started using more and more?
20 INMATE XXXXXXXX: -- just escalated after
21 going 0ut m0re ofLen. Let's ::id"j like up '.::0 five.
22 I started using like that on and cff. 'Y-his thing
23 escalate, 1 started us_:_ng a little rnore uften.
24 PRESIDING COMMISSIONER RICHARDSON: Cid you have
25 cra\T.i!1C].':3 to use cocaine?

L _________
/\.01-rhcrn ('ulifi1r11iu ('011r/ Rej)Orler.1·
17
INMATE XXXXXXXX: ~~xious to use it? Not really
b~cause onl~· once when I was ~n the parties o~ something
3 to get ~~to !he environmen~ and get along with people,
4 you Y:no1'.'. 'l''.',e ttings like (inaudible), to say it like
5 thct.
6 PRESIDING COMMISSIONER RICHARDSON: So you \-!ere
7 38 years old when you came to use cocaine to be
8 accepted?
9 INMATE XXXXXXXX: I lt/OUld say so.
10 PRESIDING COMMISSIONER RICHARDSON: I would say
11 tha:::.'s hard to s1-1allov1. You told the clinician that you
12 wouldn't buy drugs constantly.
IJ INMATE XXXXXXXX: That's right.
14 PRESIDING COMMISSIONER RICHARDSON: What did you
15 n1ean by that?
16 INMATE XXXXXXXX: Because we were hanging around
17 with people that have drugs on them, you know. JI.lost of
18 tht: tirre, used to consume with the addicts.
19 PRESIDING COMMISSIONER RICHARDSON: And 1t1hat did
20 tt1~ drc? addicts want you to do in turn for giving you
21 cirGq.s?
22 INMATE XXXXXXXX: Well, let's say I never even
23 pa.:.c.1 e:lter~tior. ·L-o that. But rea::y, I used to fix cars,
24 r.'cqI:t? Sc•n.0timeE I used to fix their cars and stuff, I
25 lc:.st toe}~ _;__:, ou-<::. and get in until friendship and t-hings
.!\'orthern ('a!ifor11ia ('our/ f(cj1ortcr.1

18
PRESIDING COMMISSIONER RICHARDSON: Sci you hOUld
3 fix -- They would g~ve you drugs and then you'd fix
4 their car. And you would fix their car and they wou:d
5 give you d!"ugs.
6 INMATE XXXXXXXX: Yeah, i~'s something I couldn't
7 let g0.
8 PRESIDING COMMISSIONER RICHARDSON: So you dor, ' t
9 think your drug use ever got out of control?
10 INMATE XXXXXXXX: I think so, yes. Because it
ll goi:. me in trouble like I said.
12 PRESIDING COMMISSIONER RICHARDSON: V~hen did your
13 drug use get out of control?
14 INMATE XXXXXXXX: Let's say around '94 wher, I
15 started goir.g out witb_, hanging out rr1ore often i,.,'ith
16 these people.
IJ PRESIDING COMMISSIONER RICHARDSON:
18 you doing that?
19 INMATE XXXXXXXX: Because I have problems in my
20 house so I go out just to --
21 PRESIDING COMMISSIONER RICHARDSON: lilLat prot.ler:;s
22 did you ha~·e in your house?
•r
INMATE XXXXXXXX: \':her1 my \\' l ; . e I .f c r
24 example, wP're haviGg prcb:ems because yoLl knew, her
, - I ~ ' ' d t ' . . h d t ff l i' l·. ,. _ ~.'

_) L~a!l'-'---~~-~se ___ __:_~_i-ve _l_:_ O'.lr ouse an s u_: "'
T
._ ,~c.
"-< ,_ •
J
.\-or1hc1-n ( 'a!{/ornia ('our/ Rt'f!Or/er.1

19
And dcn't get slong with them so I used to go out and
1 I - -
3 PRESIDING COMMISSIONER RICHARDSON: Were you
4 u~fa1th£ul to your wife?
j INMATE XXXXXXXX: y E: s .
6 PRESIDING COMMISSIONER RICHARDSON: Why?
J INMATE XXXXXXXX: Becac.;se yeah, ',, e

1 ha\.'e problerns
8 l:.1ecause you f'..nov..•, we didn't get along in 'L.he :ast three
9 years.
10 PRESIDING COMMISSIONER RICHARDSON: 1·1hy didn't
11 you divorce her and move or.?
12 INMATE XXXXXXXX: I don't kDO\\i. \.Je were still
13 married.
14 PRESIDING COMMISSIONER RICHARDSON: Yes, sir, I
15 ur.derstano yo:J 1dere s t i : l rnarried. I'm aski~g you --
16 INMATE XXXXXXXX: Yeah. And I'm s t i l l -- And I
17 .still have that question in my mind. Vi.1 hy did she
18 be::::ause --
19 PRESIDING COMMISSIONER RICHARDSON: It is her
20 faGlt that you had prob:err,s?
21 INMATE XXXXXXXX: She's lh~ one tl1at doesn't want
1') to di\rcrce.
0'
--' PRESIDING COMMISSIONER RICHARDSON: I~ it her
24 j , d" ' '
2s I INMATE XXXXXXXX: It's my decisior,s. Tt,a t
L _____
,\.·01·1hcr11 ('a/~fi1rnio ('011r1 f\c1Jo1·ter.1
20
~as my decls~or: tG go cut and
PRESIDING COMMISSIONER RICHARDSON:
What were your decisions that caused
4 prcbJ.erns cit home?
5 INMATE XXXXXXXX: Like for example, I don't --
6 \P)he:-, :Cirst 1Ne v..1ere, everylhing '.·Jas okay, she ar:d rny kids
7 anci I. Bu~ when her fami~y started coming over to live
8 .in our l~ouse, tI1en th:ngs changed. And I didn't have my
9 kids next to nie because yoc. knov1, they went to her
10 grandmother's and her aunt and stuff like that. So I
11 started feeling lonely and I started going out because
12 of ~hat. And I couldn't b:ame anybody bGcause you know,
13 thc,se arE: my choices, rny decisions. I cculd fix that
14 another v1ay but --
15 PRESIDING COMMISSIONER RICHARDSON: \\Thy didn 1

t
16 you fix it? Why would you need drugs, Ctr:d
17 INMATE XXXXXXXX: Because I
18 PRESIDING COMMISSIONER RICHARDSON: go out
19 v1itJ-: other v.. ornen

1 and hang out
20 INMATE XXXXXXXX: Yeah.
21 PRESIDING COMMISSIONER RICHARDSON: in are21'°
22 l"hc-:.r(:: d:::ugs ·,1er12 prevalent that led to yuur arrest in
Why did yau do all of Lhat?
24 INMATE XXXXXXXX: I \Vas confused, I didn't kr10w
i
25 I what to do. I thought it was the right way for me to
L ___________
_\'orfhl'rn ('a!!forniu (~our/ ReJJOrlcrs
21
ll-'.e prob~erns or ~ust oy !gnoring i t .
PRESIDING COMMISSIONER RICHARDSON.
3 your ch~racter de~ect:s at Ltat t~me?
4 INMATE XXXXXXXX: Ttat was one of my major
5 cl:a:cact:er defects, dishonesty. I was dishonest to her,
6 c.nfa~tJ-,:tuJ.. And at :he sa~e time, I was dishcnest with
8 PRESIDING COMMISSIONER RICHARDSON: .I>,re you being
9 hc,r,esr. ·"':itb rne?
10 INMATE XXXXXXXX: R.:ght now, yes.
11 PRESIDING COMMISSIONER RICHARDSON: I don't
12 really :feel ~ike it.
13 INMATE XXXXXXXX: Weli, but l'rn i:)eing honest.
!4 } rr. telling
1
you the truth I"ight now i,.1hat 's going on,
15 -,.;h3t happene'.::l j_r, my lj_fe back then.
17 ."L,r1..o yo:J gQ~ng to con~est ycur deportatio1~?
18 INMATE XXXXXXXX: !1y dE:'portalion, am I going to
19 cor:[ess~'
20 PRESIDING COMMISSIONER RICHARDSON:
21 INM1'.TE XXXXXXXX: rJ:1, ::::cintc:::t. 'l8c :n<::a.r: if I'~
~ci~g t2 get depor~ed7
PRESIDING COMMISSIONER RICHARDSON: P. i·e you going
2--1- Le' fig!-'.":: yoL..r cier:·c,rLa~ion?
INMATE XXXXXXXX: Ne. I hav~ no qrour1d LO fighl

22
PRESIDING COMMISSIONER RICHARDSON: A- l

"- right.
3 Before 1,,re talk about. the life crirr1e, I'm going to talk
4 about the incident that hoppened in Texas. \o.1 hy did you
5 go to Tezas'?
6 INMATE XXXXXXXX: Well, I was preventing arrest.
7 I jidn'c. want to confront the situation.
8 PRESIDING COMMISSIONER RICHARDSON: What h•as the
9 situation?
10 INMATE XXXXXXXX: Running away from the murder I
11 commit over here of Umberto Hernandez Chavez.
PRESIDING COMMISSIONER RICHARDSON: Okay. 8.nd
13 were you s t i l l using drugs over in Texas?
14 INMATE XXXXXXXX: Yes, and drinking.
15 PRESIDING COMMISSIONER RICHARDSON: Why?
16 INMATE XXXXXXXX: Vlell, right noi:J 1,·e can say over
17 there that I \,'as already an addict righi:. there. So the
18 i:.hir;g is just to try to --
19 PRESIDING COMMISSIONER RICHARDSON: How did you
20 iua;;e mcney uver tl1ere?
21 INMATE XXXXXXXX: I get sornethir:g, v:orking ar.d
22 fi~:ing cars.
PRESIDING COMMISSIONER RICHARDSON: Did you break
:\'orthern ('u/ifornia Court l?cjJO/'fer.1·

23
PRESIDING COMMISSIONER RICHARDSON: All right.
' You got ar~ested and you got convicted. There "''as a
3 plea bargain for a burglar_:, 1 • I'm no1:. sure. Obviously,
4 the~e was sorr1e type of an aggrava~ed sexual assault,
5 wi~h intent to commit a sexual assault that ended up
6 f__ieing a part of that cocviction. Tell me wt.a~ happened
7 c.'1 ,Jan'.Jary 21st, :997.
8 INMATE XXXXXXXX; Okay. That night, I i.-1ent to
9 the bar. I know this girl before so we're talking and
10 v..•e get into agreement to pass the night and have fun and
ll everything. So we went back and everything but at the
12 end like about three or sorrcewhere in the morning, she
13 say you knov.i, you going to get caught. Now you know, I
14 don't have time for you and things, blah-blah-blah, all
15 the things like that.
16 PRESIDING COMMISSIONER RICHARDSON: \•Jhere were
17 you J iv.:._ng?
18 INMATE XXXXXXXX: I used to live in an apartment
19 around that area.
20 PRESIDING COMMISSIONER RICHARDSON: \·J e .!:'.' e you
21 1us~ng 2l r' a:iia:s-:'
22 INMATE xxxxxxxx: Yes.

,,
_, PRESIDING COMMISSIONER RICHARDSON: \IJe re ycu
~4 using a fak~ name?
INMATE XXXXXXXX: Yes . I was using Ronald.
..\'orthcrn ('ufifi1rniu ('ourt Rc1Jorlcrs

24
PRESIDING COMMISSIONER RICHARDSON: F.o'la:d what?
INMATE XXXXXXXX: ( 11:0.:.id.:.ble.
3 PRESIDING COMMISSIONER RICHARDSON: Okay. So why
4 O:idn'-: you just ~eac'e at tt-,ree a.m.?
5 INMATE XXXXXXXX: Because yo:.i know, I felt like T
6 goi:: LO .::::ay ;;o I dsr.' t war.t to go, or
8 INMATE XXXXXXXX: You know, th~ngs because I was
9 high, I i..:as drunk, and I don't want to gc out and drive
10 or, you know. I didn't feel well back then so I have to
11 stay. And t~en all the th:'..ngs come up, call ~he police.
12 And the next morn:'..ng, you i.:now, like around ten
13 o' c.'cock
14 PRESIDING COMMISSIONER RICHARDSON: Was she a
15 p~ostitute?
16 INMATE XXXXXXXX: Yeah, she 1,,,as a prostitute.
17 PRESIDING COMMISSIONER RICHARDSON: Did you pay
19 INMATE XXXXXXXX: Not as directly, but in sorne
20 wa'/ yes.
21 PRESIDING COMMISSIONER RICHARDSON: All ~ight.
You're qoj.nq to have to explain that to me.
') I INMATE xxxxxxxx: For e%ample, this kind of
:4 1,,, like f~x· r-xarr.p~e. that one in Texas, we used tc drir:k
25 an:: buy all the stuff that is going to be consumed. And

1
L-~~~~~~~~~~~~~~~~-~~
,\.'orthcrn ("a/!fornia ('our! !?.cjJortcrs
25
by ~he way we have fun thac way, sex and every:.hing. So
tna~ js what tappened.
3 PRESIDING COMMISSIONER RICHARDSON: So you
4 thc~gh~ tiy buying her dri~ks that ttat was suffic~ent
5 r:;,aymen:. for sex?
6 INMATE XXXXXXXX: That is the way we agreed to
7 have f\..:.:--1, by buy:'.ng everyt.'lir,g and --
8 PRESIDING COMMISSIONER RICHARDSON: I don't knov,'
9 any prostitution that works that way.
10 INMATE XXXXXXXX: This one was that way. Because
11 that was her job, she v1orked at a bar.
12 PRESIDING COMMISSIONER RICHARDSON: If she ;.1orked
13 at the bar, v1hy v1as she a prostitute?
14 INMATE XXXXXXXX: Because she used to go out and
15 har:g out vJith men like that.
16 PRESIDING COMMISSIONER RICHARDSON: Do you knov.·
17 1o.'hat a prostitute is?
18 INMATE XXXXXXXX: f,'Je:'..l, rny knowledge, a
19 prostitute is one that charges fer se}:.
20 PRESIDING COMMISSIONER RICHARDSON; Tha"'::'s right.
22 PRESIDING COMMISSIONER RICHARDSON: VJhich you
23 =u.";t 12xplai:1tod v12sn't a i::·r~sti"'::u~e.
INMATE XXXXXXXX: Yeah. BecausE· ··/Ou know, the
w () $ 0 ka YI you bi.;y this f;.::n. So i. n
,\'orthern C'u/ifornia ('our! l?c1;01·1cr.1·

26
a cert air, way, I'm pay_::_ng for ic..
2 PRESIDING COMMISSIONER RICHARDSON: Jill right.
3 So w~en she said you need LO leave or I'm going to call
4 t.he po~:_:::_e, didn't. that ring a bell for you that, you
5 knov1, well, I just comrnitted thi_s rnurder over in
6 :::a ii forr:ia. Maybe i~'s a good idea that get out of
8 INMATE XXXXXXXX: 1 was drunk and high. I
9 realize that --
10 PRESIDING COMMISSIONER RICHARDSON: Sir, do you
11 know what the police report in Houston says?
INMATE XXXXXXXX: Yes.
l3 PRESIDING COMMISSIONER RICHARDSON: \~'hat!'
14 INMATE XXXXXXXX: They say that I break in.
15 PRESIDING COMMISSIONER RICHARDSON: Hovi did you
!6 b1e:·aJ.: in?
17 INMATE XXXXXXXX: Well, she's by the 1:.'indow.
19 INMATE XXXXXXXX: Front v..'indo\,'.
20 PRESIDING COMMISSIONER RICHARDSON: 'J'he front
21 WlLC10V.--:'
22 INMATE XXXXXXXX:
)'
-.-1 PRESIDING COMMISSIONER RICHARDSON: Wl:ere is that
24 v1ir,dcv» loca~ '="d?
)"
_) INMATE XXXXXXXX: In front of the stairs, becouse
[ ___________________
1\.-orlhern ('a!i(ornio ('0111·1 f(,'fJOrters
2-t's the second floor. So ~he stairs right in the fron~
"I \·1ir.dc\·1·, go to ':he kitchen. Mnd t!-1e kitchen, v.:e can go
3 to Ll~e living roorn. So i t ' s ::r.e main door, the front
4 doo::::- and the -,,1indow right there.
5 PRESIDING COMMISSIONER RICHARDSON: The v.'indov.• is
6 tr. i.r.e kitchen?
9 then what d:id it say that you did?
10 INMATE XXXXXXXX: Ttey say I pulled a gun and I
11 her with a gun, and the gun went off. 1'hat 's what I
12 rerr:ember reading in that report.
13 PRESIDING COMMISSIONER RICHARDSON: Vlell, y:=iu
14 forced he!: clothes off.
I5 INMATE XXXXXXXX: Yes.
16 PRESIDING COMMISSIONER RICHARDSON: You sexually
17 as~aulted her.
18 INMATE XXXXXXXX: Yes. I agree w~th lhat.
19 PRESIDING COMMISSIONER RICHARDSON: You agree
20 VJith that?
PRESIDING COMMISSIONER RICHARDSON: That you
::!3 sezi..;ally assaulted her?

28
PRESIDING COMMISSIONER RICHARDSON: Do you know
2 tha~ sexua:1~· assaultir.g her means that that's aga:'..nst
3 her will?
4 INMATE XXXXXXXX: ::·eah. You see, because she say
5 she v:anted me to go but I didn't 1.tJant to go. Instead, I
fl v:ar.ted s.;ox. That's why they came up with the sexual
7 assault.
8 PRESIDING COMMISSIONER RICHARDSON: So you "'::ried
9 to have sex \·.·ith her when she said no.
11 PRESIDING COMMISSIONER RICHARDSON: And you tore
12 her clothes cff.
14 PRESIDING COMMISSIONER RICHARDSON: That's not
15 v1hat YO'J told :.he clin:'..cian.
16 INMATE XXXXXXXX: You know, I've been thinking
17 ov<;r and ove:r about the sarne thing. I even took classes
18 about that, and I went to :::cctiJS, a1-l that because you
19 k'!ov.;, I v:ant to understand altogether and nov1 I know
2!l that I caused the dan1age.
cl PRESIDING COMMISSIONER RICHARDSON: Cl: a y. Sc
22 yc».;'re admjlting that you told the clinician some-::.hing
diff(~rent tl:c.n \,'r.at yoc' re telling us here Laday.
24 INMATE XXXXXXXX: Yes , I admit it . Now I 'rr,
25 I t f::;.;. i : n c \' (_, c tcw ~~e ~hings happened.

L_._·_.
1\'or/hern ( ·a!/fornia ('our/ J?.r:JJOrters
29
PRESIDING COMMISSIONER RICHARDSON: Cid you '.-1ave
3 INMATE XXXXXXXX: Yes, I had a gur..
4 PRESIDING COMMISSIONER RICHARDSON: A2-l righL.
5 So you do time in Texas and then they brought you over
6 to California. Did they bring you over to California
7 aftE:er }'OU -- Oh, ckay. You came to California and then
8 you were convicted in California of the mLlrder. Is that
9 correct?
I0 INMATE XXXXXXXX: Yes.
11 PRESIDING COMMISSIONER RICHARDSON: Questior:s at
12 this point u:r; social background?
13 DEPUTY COMMISSIONER STANTON: Not his background.
14 Thank you.
15 PRESIDING COMMISSIONER RICHARDSON: All right,
16 sir. So why don't you tell me about what happened on
17 May 29th, 1994. Did you work that day?
18 INMATE XXXXXXXX: l"iay 29, 1994, I'm asharned to
19 say this but you know, I shot and killed t~r. Hernandez,
10 Mr. ~mberto Hernandez Chavez.
21 PRESIDING COMMISSIONER RICHARDSON: I 'CT. sor.:::y,
22 did you s~y you tried to?
cl INMATE XXXXXXXX: No. :!_ said shoe..
24 PRESIDING COMMISSIONER RICHARDSON: Oh. Do you
25 know what execution-style is?
1
,\qrthr:rn (,'a/{fhrnia ('our! RejJOr/ers
30
INMATE XXXXXXXX: Net realj_y.
2 PRESIDING COMMISSIONER RICHARDSON: :'.t rnear:s you
3 take Lhe g0n 0nd you coffie up either in fror:t o~ behind
4 sorr1e0ody ar:d :._~.e barre::. a::.rr.osi.:: -couches tl':eir heaci, and
5 you sl-'1001- h::_m.
6 INMATE XXXXXXXX: Okay.
7 ta1~µer.eci is Lbat t·1r. Hernandez, I didn't kno1-. 1 how
8 intoxica::ed or druLk he was.
9 PRESIDING COMMISSIONER RICHARDSON;
10 sturnbl :i ng. He almost fell over when he came in the
11 bedroom. How could you no~ know?
12 INMATE XXXXXXXX: Because I was in -che bathroom.
13 I ciidn' t see hirn before he gets in. I saw him ear~ier,
14 and earlier he v1asn't drunk, he wasn't high. But after,
15 and the second time vvhen this incident happened, >-.rhen
16 this rnurder happened, he was intoxicated and drunk. But
17 I didn't see hin1 until te first in the bedroom. H-2 make
18 his way and after that, then I got scared and afraid and
19 I oot uf-.
INMATE XXXXXXXX: Because Kathy told me that he
13 wao; armed, ... r,J I :::hought he going to attack me.
24 PRESIDING COMMISSIONER RICHARDSON: Uid yoc ever
15 see a aun?
JI
INMATE XXXXXXXX: No, I didn't.
PRESIDING COMMISSIONER RICHARDSON: Did you knov1
3 he lVGtsn't arrr,ed?
4 INMATE XXXXXXXX: I dor.'t know, b~t she told she
5 wa~, f-.e was arrned. Sc that was my -- That took me over
6 a rid ttough~ I'm going to be attacked by him. And back
7 then, 1 v1asn 't thir1king right. I was handling :hings in
8 the wror;g way.
9 PRESIDING COMMISSIONER RICHARDSON: So this v1as
10 just se3.f-defense?
11 INMATE XXXXXXXX: No. I cannot say self-defense
12 because you knov,r, I killed him.
I3 PRESIDING COMMISSIONER RICHARDSON: But you
14 killed him because you thought you were going to be
l"i killed.
16 INMATE XXXXXXXX: Yes. I was afraid but you
17 knov.;, it's so confused to me. Because you know, I >vas
18 handling, like I told you I was handling the things
19 wrong, ::.r:: the wrong v.'ay. I should handle it this other
20 way. L~ke you know, leave the place, call the police.
21 could do a lot of things but I wa~n't.
PRESIDING COMMISSIONER RICHARDSON:
23 go get ·_he gun?
24 INMATE XXXXXXXX: This was earlier when we went
25 '=-u buy some drugs and a~co!'~ol and stuff, the things to
··-·---- -----·---------------------~
/\'orthern ( 'al(fi;rnio ('our! J~efiOr/er.1

pass :..he l.igh:..
' PRESIDING COMMISSIONER RICHARDSON: You had
3 already been using drugs and drinking before this,
4 correct?
5 INMATE XXXXXXXX: In the morning, I was iJsing
6 drugs l:)u:.. '/OU kno"-', I stoppt2d af1_d started over aboct
7 that time, like around te:r1 :.;'cloc:k. But ycu kno\.! 1
8 PRESIDING COMMISSIONER RICHARDSON: At night, you
9 stopped?
10 INMATE XXXXXXXX: -- it was a holiday really.
11 PRESIDING COMMISSIONER RICHARDSON: It v..'hat?
12 INMATE XXXXXXXX: It was a holiday I remember.
13 PRESIDING COMMISSIONER RICHARDSON: What ho::_iday
14 was it? Do you kr,ow?
15 INMATE XXXXXXXX: I think i t was Memorial Day or
16 sorr,ethir,g li}:e that, but it i,.1 as a long holiday.
18 v1hat tirr,e did you start d:rinking and using d:!'.'ugs?
19 INMATE XXXXXXXX: I started d:rinking like around
20 one o'c.'..ock but you knov,i, ;,ot really serious. But at
21 r.ight, I si:.arted using drugs a11d starte:d getting high,
22 and you know was
PRESIDING COMMISSIONER RICHARDSON: So ycu
24 d~d'.1't v-:ork that day. Yo~'re saying i t was a holiday,
:'..'i you started drinking and using drugs ea:clier in i:::r.e day.
,\'ur1hcrn ('(l/(tornio ('our/ Rc/hn·tC'rs

,_,
-o
I Why did you stop ~sing drugs? Did you guys run out?
INMATE XXXXXXXX: No.
3 PRESIDING COMMISSIONER RICHARDSON: Y.Jell, you
4 said you stopped using about ten o'clock.
5 INMATE XXXXXXXX: No. I started using. No, oh
6 you rr.ean after I stopped?
7 PRESIDING COMMISSIONER RICHARDSON: Yes.
8 INMATE XXXXXXXX: Because you know, I went to my
9 house.
10 PRESIDING COMMISSIONER RICHARDSON: So you ::_eft
11 the part~/?
12 INMATE XXXXXXXX: No. The par;:.y In my house,
13 I \~as drinking in the swimrr,ing pool.
14 PRESIDING COMMISSIONER RICHARDSON: Oh, okay.
15 INMATE XXXXXXXX: Yeah. We were in the swimming
16 pou: drinkin'c:J with friends and things, you know.
17 PRESIDING COMMISSIONER RICHARDSON: And your
18 forr.i:1..y':'
19 INMATE XXXXXXXX: ~y family was around in the
20 swimming peel too, so you Know I was spending time with
21 there drj nking a 11 tL.le bi c. f1ere and there. But after
all thal was over, they went home and then I sneak out.
23 A~d J ~tarted, i l was when I went c.o Mr. Eric Durant's
afternoon, and I started
s•r1ear I couldn't start
_,\"or1her11 c·al!filrnia ('our/ J?e11orlers

34
dcing drugs. I didn't do drugs until d~ring the
2 ciaytirne.
) PRESIDING COMMISSIONER RICHARDSON: Okay, all
4 right.
5 INMATE XXXXXXXX: That was after --
6 PRESIDING COMMISSIONER RICHARDSON: So just
7 alcohol during thE- day.
9 PRESIDING COMMISSIONER RICHARDSON: And then you
10 started doing drt~gs.
11 INMATE XXXXXXXX: Yeah, ::.hat night.
12 PRESIDING COMMISSIONER RICHARDSON: _r:i._nct t.hen did
13 you run out cf drugs? Is that why you guys went to get
14 more?
15 INMATE XXXXXXXX: No. When I get there, I found
16 Tachi (pho!!etic) and Eric smoking crack and doing
17 thir,gs.
18 PRESIDING COMMISSIONER RICHARDSON: So did you
19 smoke
20 INMATE XXXXXXXX: And ll1en we started talking,
21 PRESIDING COMMISSIONER RICHARDSON: C.!:2 :::k wi "th
22 them?
_,
'" INMATE XXXXXXXX: And then I was ~kay. So I J:nov.1
24 her before sa we talked and getting to aqreem8nT t~ get
15 drugs and spend the night, having fun ana evr::rythir:g
L-~~~~~~~~~~--~~~~~~
,\..orrliern ( 'ulifi;rniu ('our/ Rc;Jorf('r.1·
35
else.
2 PRESIDING COMMISSIONER RICHARDSON; Okay.
3 INMATE XXXXXXXX: So it was --
4 PRESIDING COMMISSIONER RICHARDSON: When you use
5 tf',e wcrd fun, do you rnean se;.:?
6 INMATE XXXXXXXX: Every:..hing, yeah. Sex, dr·J.gs.
8 were ycu 5moking crack with thern?
10 PRESIDING COMMISSI01'1ER RICHARDSON: All right.
11 So you're supposed to have 5ex with Kathy?
12 INMATE XXXXXXXX: '{es .
14 And t<!,r. Chavez wanted to have sex -tJith Kathy.

1 Is that
15 right?
16 INMATE XXXXXXXX: Yeah. He wanted to take her
17 out, take her with him. And I t..old her, okay, you know
18 what, I don't mind. Just fix the problem and take care
19 of hirn, or whatevEor you wa~t 'CO do. And then she said
20 co.
21 PRESIDING COMMISSIONER RICHARDSON: Is she a
22 proslitt:te?
INMATE XXXXXXXX: Yeah, she was a pro~titute.
24 PRESIDING COMMISSIONER RICHARDSON; All right.
25 So you tad an agreement that you were going to go buy
lv'orlhern ('o!~f(1rnio c:'o11rt RCJJOrfers

36
dr~o~ and alcohol
3 PRESIDING COMMISSIONER RICHARDSON: And that was
4 goir,g to be yot.:ir payment for sex?
5 INMATE XXXXXXXX: During the nighttime. Yes.
7 INMATE XXXXXXXX: Trade sex and whatever, ye~
8 kno1,,r 1 and whatever is going to happen to do that nigJ-',t.
9 PRESIDING COMMISSIONER RICHARDSON: Okay. So you
10 buying t~e alcohol and the drugs was payment for you
1l being able to have sex with Kathy.
12 INMATE XXXXXXXX: Yeah, we can call it like that.
13 PRESIDING COMMISSIONER RICHARDSON: Well, is that
14 accurate?
15 INMATE XXXXXXXX: Yes, we can say that. I c: an
16 say that, you knovo1 1 I buy 211 that just to ha\le fu;,,
17 se;..;, and everything.
18 PRESIDING COMMISSIONER RICHARDSON: Ok a'/. So
19 v..1 hE:n did you get the gun?
20 INMATE XXXXXXXX: When we went ou~ to get lhe
21 d:::uc,_:is.
22 PRESIDING COMMISSIONER RICHARDSON: And 1t;hy did
23 yc·u get tr_e gun?
24 INMATE XXXXXXXX: Eecause Kathy told n.e that he
,_,_- d 1 b b1 b ,_
L-~1 ·~-~--~::__'_and hfO'' l pre a y come acr,.
/1.'or1hcrn C'a/i(ornia C'o11r/ l\e1;orters

37
split, v..·e al2 '.-Jent out afte:::- we had a strong argument
2 atout tl"'.at. Mr. 0mberto --
3 PRESIDING COMMISSIONER RICHARDSON: But I thought
4 -::hat Mr. Chavez left.
5 INMATE XXXXXXXX: Yeah, he left, rne and Kat~y
6 :: e :t.
7 PRESIDING COMMISSIONER RICHARDSON: So why -- If
8 he left, i,1hy v1ouJd you need a gun?
9 INMATE XXXXXXXX: Because she told me he'll
10 probably corr1e back and he was armed. And I say well, I
ll talked to lfi}S guy and said hey, and it v1asn't difficult
12 to get the gun. So I thought it was the easiest way,
13 you kno1v, to sol,:e problems but you know now, I know I
14 v1as 1>o1rong.
15 PRESIDING COMMISSIONER RICHARDSON: Okay. So you
16 get the gun, you get the drugs, and you get -::he alcohol.
17 You come ba:::-k, you're using the drugs, you're drinking
18 -che Gtlcohol. How much time passed after you got tack
19 be:ore '.V;r. Chavez showed up again?
20 INMATE XXXXXXXX: Let's say like about an tour,
21 probably a l i t t l e more, a ::..itlle rnurc. But lei:::'s say
22 or.e hour.
PRESIDING COMMISSIONER RICHARDSON: Okay. And he
24 starts tangir1g on the door. He's with somebody?
25 INMATE XXXXXXXX: Yeah .
.1\"01·1hern ( 'al1fi1rnit1 ('our/ RcjH)r/cr.1·

38
PRESIDING COMMISSIONER RICHARDSON: And VJhy
2 didr.' c you guys JUSt call the police at that time?
3 INMATE XXXXXXXX: I told them hey, you know what,
4 if .:'..t's :..h.:'..s guy, please don't let him in. Because i£
5 you :'.et hirn in, I probably going to sboot him. And they
6 say, you kno,,,·, they v1on ' t open the door because you
7 kno1..r, "'.:h8y '.t0:' goir.g to --
8 PRESIDING COMMISSIONER RICHARDSON: 1iihy \.Jere you
9 going
10 INMATE XXXXXXXX: They don't want to trust the
11 police.
12 PRESIDING COMMISSIONER RICHARDSON: -- to shoot
13 him just because he came ir:"?
14 INMATE XXXXXXXX: Because of the argument we had
15 \-Jefore. Because now he was on me, he got me and he did
16 because of the argumenc: \tie had before. And he \..ranc:s to
17 do what he wants. Believe me, he wanted to control over
18 me.
19 PRESIDING COMMISSIONER RICHARDSON: So are you
20 ar;d him fighting over Kathy?
21 INMATE XXXXXXXX: We were in an argcment about
22 that he wanted to take her, and I say first, I told her
23 fJ-:<, straight that thing, straight Lhe problem. So
24 don't g~t mu in there. But later, he carne to me. Ar.d
25 the san:e -- Then vie started arguing that --
]1,/ortf1ern ('o!iforniu ('our! Rcporlcrs

39
PRESIDING COMMISSIONER RICHARDSON: About what?
2 INMATE XXXXXXXX: About Kathy, the prostitute.
4 INMATE XXXXXXXX: Okay. So we were arguing about
5 it, and then he took that personal. That's v1hy I
6 thought he gcing to attack rne, that he going to hu::t me.
7 ~hen ::: -"Oid, well, I'd better be prepared. Tf.at' s wha:.
8 I thougf.t in my 1;.1::ong thinking.
9 PRESIDING COMMISSIONER RICHARDSON: And 1;.1hen he
10 carre back in, you didn't noti'.::e tl1at he was drunk.
11 INMATE XXXXXXXX: No. Because when they opened
12 it, i.-,·ben they let hirn in, I was staying in the bedroom.
13 Back in the day V>'hen Kathy went out and Eric, and got
14 him to talk, talking to h.:'..rr, in the living room. And
15 then like a fei.-J rninutes after, Kathy came in and she was
16 all upset and saying you know·, this guy is a jerk. And
17 I !:!ay 1-;hy? But after her, he was -- He pushed this door
18 rr1uking his 1r13y in, forced his 1t.'ay in, then is when I got
19 scored and pul.:Ced the gun and shot him.
20 PRESIDING COMMISSIONER RICHARDSON: ·you k:iow tr.at
21 l'~athy's story is rr11-<ch dif~erer;t than that.
22 INMATE XXXXXXXX: But that's the story.
PRESIDING COMMISSIONER RICHARDSON: l'lr: y
24 C!L<;stio:-1s?
7-
-' DEPUTY COMMISSIONER STANTON: \1'ell, l''.athy in the
;\'ortlrern c:aliforniu ('our! RcjJOr/ers

40
Appeilate Decision said she wasn'r.. wo~~ied about
2 Chavez's be~avior. Because ycu were in good physical
3 shape a~d she r..nought you could easily have protecLed
4 he1· by JUSt punching. You didn'L need to kill him. Did
5 you read that?
6 INMATE XXXXXXXX: Well, she say that after L
7 think, in thf:' se:::c,nd :-_rial.
8 DEPUTY COMMISSIONER STANTON: In .:.he t r i a l

1
9 ~est:mor;y.
10 INMATE XXXXXXXX: Yeah. That's in the second
11 testimor:y. Yeah. But the first testimony
12 DEPUTY COMMISSIONER STANTON: But
13 she --
14 INMATE XXXXXXXX: I'm talking abo~t the first
15 te::l.imor.y. Thac:'s the one.
16 DEPUTY COMMISSIONER STANTON: \'i'ell, bL1t didn't
17 she at :.rial say she wanted to tell the trur..h? Because
18 s~e [el;_ :Oad after her i=iar:., her involvement in the
19 death?
20 INMATE XXXXXXXX: Well, l:'._ke I te::_l yo\...!. You
21 k11uv1, ::: shot hirr. v1ithout a:1y re2so:i. I ~~ay that for
22 sure. Because I didn't figh~ him physicb]ly, he didn't
21 figh:. rr,e pJ--:y·sica.:Cly. Just you know, he ~cared me when
24 be firs::. can:>':' in. Now you know, I'm tryjng to find a
25 rebson ~o justify myself bu~ I don't have it.
,\'orthcrn C~a!ifi;r11io c·ourr J(e;Jorters

41
PRESIDING COMMISSIONER RICHARDSON: \ iell,

1
ycu are
jus:ifying yourse:f, sir. You're saying that you ~ere
3 af:c:aid, you're saying tha-:. be was a:::-med. You're saying
4 ali these things tLa': arer. 1

t part of the record. You're
5 exactly doing what you're saying that you're not doing.
6 This guy was so d:::-u~k when he came inco that bedroom
7 wr,e::. you v.. er'2 there,

1
he feJl against the wall because he
8 couldr1't stand up. A~d there's some conversation that
9 takes place in Spanish. Kathryn doesn't know what it
l0 is . You pull out the gun, he starts to try ~o take a
11 step £o:rv1ard, starts to fall, and you shoot him in the
12 bead.
IJ INMATE XXXXXXXX: Yes, I did.
14 PRESIDING COMMISSIONER RICHARDSON; I don't see
15 any way there could have been in fear of this incident.
16 INMATE XXXXXXXX: Well, I 'v.'as saying i t ' s really,
17 because I never said nothing until now how things
18 happened.
19 PRESIDING COMMISSIONER RICHARDSON: I-Jell, no.
20 You U.':i~d tne fear and :..hat you did ~t ,,,r,en yo'.1 talked to
21 Lhe cl_,.nic.i.ar .. That was ~~ March. Oh, ~;.:cuse me.
22 DEPUTY COMMISSIONER STANTON: Yeah
23 PRESIDING COMMISSIONER RICHARDSON: ::n June cf
14 :_ c~ s .
15 DEPUTY COMMISSIONER STANTON:
.i\'orthcrn ('a/ifornia C'o11rt RcjHJrtcrs

42
yoi..: shot J-:im. He came in che room.
2 INMATE XXXXXXXX: Cr: a y.
3 DEPUTY COMMISSIONER STANTON: Okay. And you had
4 a conve~saticn with him?
6 DEPUTY COMMISSIONER STANTON: You d~dn't have a
7 cor:'.·er2ation witt b.:'..rn.
8 INMATE XXXXXXXX: L'o. I thought he was coming
9 over rne.
I0 DEPUTY COMMISSIONER STANTON: Okay. And V..'here
11 v:ere you? Were you sitting on the bed or you're
12 standing up?
13 INMATE XXXXXXXX: I was sitting on the bed. \II hen
14 he forced his ·way in, I got up.
15 DEPUTY COMMISSIONER STANTON: Okay.
16 INMATE XXXXXXXX: And then I pulled the gun and
17 he rushed on rrie, so --
18 DEPUTY COMMISSIONER STANTON: 1/Jher: you say fie
19 rushed on you, f-101-1 did he rush on you?
20 INMATE XXXXXXXX: Well, he rr1oved fast tov.Jard me.
21 DEPUTY COMMISSIONER STANTON: \'Jas he just
22 s<::.anding up? Was he charging you like a bull? I
24 INMATE XXXXXXXX: That is my question that I
But like I said,
,\'01·1hc1-r1 ('ul~'fiirnia C'ourt Rc1Jor1ers

DEPUTY COMMISSIONER STANTON: No, r.o, no.
2 in your :::-ecollection, when he came, 't1hen he charged at
3 you or he came at you, was he standing up? Was he
4 leaning over? Was he -- Because it says he was banging
5 aga~nst the v..rall. So I'm trying to figure out his body
6 pos~tion.
7 INMATE XXXXXXXX: No, he carne in straight.
8 Because the room v1asn ' t that big. It \rJaS --
9 DEPUTY COMMISSIONER STANTON: So he just carce
10 straight at you, walking i.:.oward you.
11 INMATE XXXXXXXX: Yeah, he came straight at me.
12 DEPUTY COMMISSIONER STANTON: P..11 rigtt.
13 INMATE XXXXXXXX: Walking straight at me.
14 DEPUTY COMMISSIONER STANTON: And ho1r1 -r.all was
l5 he? Was he bigger than you, smaller than you?
16 INMATE XXXXXXXX: I not remember, but I think
17 that v..'e were about the same height.
18 DEPUTY COMMISSIONER STANTON: The reason I'rr1
19 asking :s because the direction of the bullet was
'.?.O doi.-1nward 1 slightly downward. So somett1ir1g is wrong with
'.?.1 tr. a': .
22 INMATE XXXXXXXX: I not remerrtber his height
23 really, but I know he was --
24 DEPUTY COMMISSIONER STANTON: :it was "rom front
251 to back and slightly downward. That •,;as chE finding c'
/1/orthern ( 'af{fi;rniu ('our! l?e1Jorfer.1

44
I the n11';oical examiner.
2 INMATE XXXXXXXX: Sc ln other words, I was taller
3 er - -
4 DEPUTY COMMISSIONER STANTON: Well, either that
5 or he wasn'~ coming at you straight. Something is
6 PRESIDING COMMISSIONER RICHARDSON: He was
He was lower ~han you.
8 DEPUTY COMMISSIONER STANTON: Possibly. That's
9 v,·hat I'm trying to get to. I mean there's something
10 v1rong wiLh, you knov.1, something is differE:ni:. If the
11 direction of 'Che bullet v..1 as slightly dov-1 nv1ard 1 then he,
12 you had to be in a higher position than him and the gun
13 had Lo be in a higher position than hirn. Unless you
14 v1ent like this.
15 INMATE XXXXXXXX: Probably, yeah. \\Tell, that is
16 my version.
17 DEPUTY COMMISSIONER STANTON: I don't have
!8 any:.:.hing further.
19 INMATE XXXXXXXX: That's the only --
Wtat's you do after you shot him?
22 INMATE XXXXXXXX: \I/ell, what did I do after I
You t:nC'w, we leave Lhe place, we v1ent:. lo a
~4 ffi(.>'_el, to cr~c!_no. B~t yo~ know, I have my mind a:l
251 c::n['.Jscd thinking I have done. And a lot of
A'o1·1hern C'u/ifornia (_'our! f~!.!fHJr/ers

45
memories ,::::ame to my mind, ycu kno·..i, confused, regretting
2 v..1 ha'.: I have dcne. And what did I do?
3 PRESIDING COMMISSIONER RICHARDSON: -P..ny reason
4 why you :ust didn't go back to Nicaragua?
5 INMATE XXXXXXXX: Excuse rne?
6 PRESIDING COMMISSIONER RICHARDSON: Why didr,'t
7 you just go back to Nicaragua?
8 INMATE XXXXXXXX: Like I said, I was doing the
9 things i,1rong. I was -- I don't know, how can I explain
JO all those things? Because I never thought about it
1\ really.
13 INMATE XXXXXXXX: To go back.
14 PRESIDING COMMISSIONER RICHARDSON: Maybe they
15 don't have the prostitutes and cocaine there.
16 INMATE XXXXXXXX: They're all over the place.
17 But no 1'" that you say that, I think probably I 'rn gcing to
18 feel like o:ie day I'm goir.g to pay for it.
20 Texas"? Why not just stay in California if you think
21 you' re going to pay for it?
22 INMATE XXXXXXXX: Texas, because I 1o.1er.t over
He has a shop, ~e wcrk
24 b~cause he stay there. A little bit trying ~c make a
2~ L~_i_·_n_a__c_'_'e_r_t_h_e_r_e_,__o_r__y_o_u_·_l·-'.r_,_o_'_'_·__e_~_u_t__y_o_u_k_n_o_w_,_i_·_n_'_"_Y---~
,\iorthern C'ahfurnill ('our! ReJJOr/crs
46
.m~nd, I was thinking about that I have ~o pay for what
1 '1.'e done.
3 PRESIDING COMMISSIONER RICHARDSON: So wl'.y ciid
4 you continue to drink and use drugs?
5 INMATE XXXXXXXX: Probably depressi0n 1 probably
6 be:::::ause I like it. I like the reaction of the drugs
7 rr,a ybe. I was an addict or the whole, a lot of things
8 together.
9 PRESIDING COMMISSIONER RICHARDSON: You keep
10 using these terms probably and n,aybe. And that leads me
11 to be2.ieve that you're not sure?
12 INMATE XXXXXXXX: I'm sure. I'm sure that 1.t!aS
13 an addict.
14 PRESIDING COMMISSIONER RICHARDSON: What are your
15 interno.L triggers?
16 INMATE XXXXXXXX: My triggers are, for example,
17 :µeople that are using.
18 PRESIDING COMMISSIONER RICHARDSON: Okay, that's
19 exterr,a:..
20 INMATE XXXXXXXX: My internal trigger is like,
21 fer example, depressjon, being lone.J.y.
22 PRESIDING COMMISSIONER RICHARDSON: So J.'OU "'ent

__,
1-
24 I INMATE XXXXXXXX: Feel lonely.
JS PRESIDING COMMISSIONER RICHARDSON: You 1--1er:.t over

L__ _
.i\·orthern C'a/1fiJ1·ni11 ('our/ Rc11orters
47
to, so loneJy. Sc leL's take this on May 29th. y0 :J
1 ~us~ had a big party with your family at Lhe swimming
3 poc.=., d.::-inking. I'm not getting the connection between
4 dep.::-essi0n and lonely.
5 INMATE XXXXXXXX: All right. Back then, I had
6 prob:ems v;ith my v.'if.e. I tave fun with my kids, you
7 know that, but 1 didn't stay in ;:_he house beca.use vie are
8 having problems. Because her family was there and even
9 though I'm ir: the house, sometimes I can be around a lot
10 of people but I still feel lonely. Because I don't
ll have
12 PRESIDING COMMISSIONER RICHARDSON: And yow. feel
13 better when you're with the drug addicts and the
14 prcstiti..:tes?
15 INMATE XXXXXXXX: I can say I can feel better in
16 the 1.iay like I have the communica-rion, and they ta:king
17 and the environment:, and --
18 PRESIDING COMMISSIONER RICHARDSON: \liell, you can
19 ta2-k ai:. your home.
21 PRESIDING COMMISSIONER RICHARDSON: 'fc'U can talk
22 to your family.
24 PRESIDING COMMISSIONER RICHARDSON: You can talk
25 to your }:id~.
L
i\'urthern ('al!fornia ('our/ 1?.c11orters
48
INMATE XXXXXXXX: But tha-c was wrong, choose
2 cioing t.hings wrong. Now that ~ have all this, all this
3 time in prison, no·w I realize all thai:. I 'v1as wrong. No\.i
4 ~'ma different
5 PRESIDING COMMISSIONER RICHARDSON: Okay. So i,.1e
6 were talkir.g about internal triggers. You indicated
7 that depression and loneliness. Anything else that's an
8 internal trigger for you dri~king and using drugs.
9 INMATE XXXXXXXX: Mostly loneliness. I could say
10 I feel lonely because I couldn't be around my family the
11 way I wanted, or
12 PRESIDING COMMISSIONER RICHARDSON: I'm sorry,
13 i.-1hat?
14 INMATE XXXXXXXX: I cannot be around my family
15 the v1ay I v;anted them. Because when we're all together,
16 I rr.ean very united until my mother-in-lav,• and sisters-
17 in-law and everything come to live in the house, things
18 changed. I :felt like, you knov:, they' re putt.i11.g me on
19 the !3ide, alv»cys on the side like a corner. I'm not
20 putting the blame on them because i t ' s my decisio~.
21 Like ycu sai·::i, I could ha\'€ found some clh""r ·~1ays to
22 f~x, straighten the problem.
PRESIDING COMMISSIONER RICHARDSON: All right.
24 INMATE XXXXXXXX: But at i.:.he time,
25 L_. ______pp~~IDING COMMISSIONER RICHARDSON:

so vJhat. do
1\'orthl'rn C'a/ifornia ('our! I<.e1u;rle1'.1

49
you thi~k are the causative factors that led you to
2 rnurder t-'.r. Chctvez?
INMATE XXXXXXXX: OJ.: a y. That one, for example,
4 Lhe n1ain one is the double life I used to live bacf:.
5 then, "'hat we i...1 ere talking about then. I didn't know
6 Mr. Hernandez, second. And I was hanging around with
7 i::_he h'ror:.g crov.. d 1 bad

1 choices, stubbornness, wrong
8 beliefs, you knov.i. And the strong argument that I had
9 v1ith t~r. Chav<:z.
10 PRESIDING COMMISSIONER RICHARDSON: Ho1.; do you
ll feel about L.he crime now?
12 INMATE XXXXXXXX: T/IJha t do I feel? I feel sorry,
13 I reg re~ what I done. I know what I did was wrong, and
14 there's just no v1ay I can fix that. If I could change
15 my life right no'd if I can, and put it in the place of
16 Mr. Chavez so we can change things around. But the only
17 thing I can do is change myself nov1.
19 INMATE XXXXXXXX: Have a better view of my life.
20 I rr1ean do something better, you know. J:1rnends, li,:ing
21 amends.
22 DEPUTY COMMISSIONER STANTON: Why do you regret
it?
24 INMATE XXXXXXXX: I regret because I did was
0-
_) wrong. Bes~des it was a coward action in my part.
1\'orthern ('o/{fhrniu ('our/ RejJOrters

50
PRESIDING COMMISSIONER RICHARDSON: Anything
3 DEPUTY COMMISSIONER STANTON: Not at this time.
4 Thank you.
s PRESIDING COMMISSIONER RICHARDSON: Ckay. Jl.11
6 righl. Sir, you met with the clinician back in June of
7 2015 and you talked about. your social history. And in
8 your substance abuse history, you had indicated to the
9 cllnician that your usage was occasional. And we've
10 talked about that. You admitted that you did start to
JI use more in 1994. You told the clinician that you did
12 not sexually assault the 1.rictim over in Texas. You
13 shared with us today that --
14 ATTORNEY LUM: What page is that on?
1S PRESIDING COMMISSIONER RICHARDSON: Let's see, I
16 think i~' s right near the beginning.
17 ATTORNEY LUM: All right.
18 PRESIDING COMMISSIONER RICHARDSON: That's ho1:1 •
19 knew she was a prostitute. He told the clinician --
20 DEPUTY DISTRICT ATTORNEY BUDMAN: I read it
21 SCIT'.<;>p] ace too. I'm looki~g i:hrough here.
22 PRESIDING COMMISSIONER RICHARDSON: And that she

,,
_, ju s i:
24 ATTORNEY LUM: Okay, page 3.
25
L DEPUTY DISTRICT ATTORNEY BUDMAN: Three? Thank

51
you.
2 PRESIDING COMMISSIONER RICHARDSON: Denied any
3 sexJal misconduct took place. It's the ~hird paragraph.
4 P..nd so that r,as changed sornev.'l-,at today. You denied
5 breaking in, but you admit that you sexually assaulted
6 her because you v1ere drunk and high. And vie discussed
7 ~he life crirne so l 'm not going to go ov0r that portions
8 of substance abuse history, we already touched on that.
9 We're gcing to go over your post-conviction factors and
10 parole r:·lans, so I'm going to skip over that portion.
ll At the time of this report in 2015 as far as analysis of
12 clinical factors, the clinician is concerned about
13 alcohol and drug use and rr,inimizing the severity. And
14 the life crime, she was concerned about minimizing
15 ::esponsibility placing the blame on the victirn. The
16 subsequenL. crime v1as a concern as v..iell. Other
17 considerations, there v.. as a Static-99

1 and he v.•as placed
18 in a low risk for relative to other sex offenders. The
19 overal:. ris}: for future violence case formulation is a
20 mojerate risk for violence. And this report was
:21 app1·o·ved on July 24th, 201S. And 1,-<ith that, v..'e'll go
int0 pest-conviction factors.

'
23 I DEPUTY COMMISSIONER STANTON: All right.
241 Mr. >:>:>:::>:>:z:<l'., :et 1

s talk about your prison adjustment.
'2:'i I :;...coJ.:s :Cike at your -- Ha~g on one second here. Your

L ___.
1\ort!1ern ('a!i(ornia (·our/ Rc1;or1crs
52
last hea~ing was ~n 2010 of September, and the Panel
2 recommended tr.at a ft er that hearing, that you s-t:.ay
3 disc.ipli:-!e-free, you earn positive chronos, you get some
4 self-help, and yol!. update your parole plans to
5 Nicaragua, and you develop a relapse pre'\'ention plan to
6 address substance abuse treatment. Does that sounC
7 accurate?
9 DEPUTY COMMISSIONER STANTON: Ail right. And
10 from v1hat I can tell, you should be commended 1 you did
ll do that. Looking at your discipline record, I would
12 note for the record 1 Comn1issioner 1 that Mr. XXXXXXXX has
13 remained disciplinary-free of ll5s and 128A counseling
14 chronos his entire incarceration. Is that accurate?
15 ATTORNEY LUM: Yes.
17 DEPUTY COMMISSIONER STANTON: All right. And you
18 .::;hould :Oe commended for that, tr.at' s to be expected and
19 you did it. You also, looks like you earned your GED in
20 2 0 J 9 '?
21 INMATE XXXXXXXX: Ye.:,. "..'hat's correct.
22 DEPUTY COMMISSIONER STANTON: Okay. All right.
23 And I also rioted some additional education programs that
24 you toc·k. :t says here you voluntarily took cla2ses ~~
25 \ corresf'ondE·nCEo learning classes, or learning c0ur~es 1

L_ -·-- ·---------·----~
.\.orthern ( 'ul(fi1rnill ('ou1·1 Rc1Jortcr.1·
53
excuse me, in Sign Language in 2012, Compcters in 2J12,
2 !V:aL\-'. in '..:CJ2, Geometry in 2012, e'v'eryday 111,ath One and
3 T\'-'O in 2Jll, Business Ownership in 2011, lv!oney
4 Manageme'1t 2009, ar:d Insurance and Consumer Credit in
5 2009.
6 INMATE XXXXXXXX: In 2009?
7 DEPUTY COMMISSIONER STANTON: Well, that's v:hat
8 it se:..ys in the CP,A. Do you remember? I mean thar: 's all
9 accurate?
11 DEPUTY COMMISSIONER STANTON: Okay. So that's
12 pretty good, you took all those classes. How long were
!3 they?
14 INMATE XXXXXXXX: Those classes, they were like
15 about fuur hours or something, or meetings.
16 DEPUTY COMMISSIONER STANTON: Each class is just
17 fo-.:r hours?
18 INMATE XXXXXXXX: No. They teach more than that.
19 DEPUTY COMMISSIONER STANTON: No, that's \.\'hat I'm
20 wonder:ing. How many hours were the classes?
21 INMATE XXXXXXXX: I'm no~ remembering really.
22 DEPUTY COMMISSIONER STANTON: \i!ere they a
23 sC>rne:stcr o:r :r mean --
24 INMATE XXXXXXXX: In 2009, I was back in Avenal,
25
54
DEPUTY COMMISSIONER STANTON: I don't: know, ~ 'm
2 just looking.
J ATTORNEY LUM: Math, 11oney Managerr,ent, viere t..hey
4 weeks?
6 DEPUTY COMMISSIONER STANTON: Yeah. Those
7 couc~ses, they ,,,ere correspondence courses er --
8 INMATE XXXXXXXX: No. Those are packets when we
9 get in CLN, I mean BEP classes.
10 DEPUTY COMMISSIONER STANTON: Oka:z·'. So you're
11 probably BEP curriculum.
INMATE XXXXXXXX: Yeah. Those are about math,
13 daily math. And one of them is for job interviews
14 and --
15 DEPUTY COMMISSIONER STANTON: Yeah, that's what
16 I'm looking. Looked like you took a bunch of different
17 classes. All right. Anything, have you t:aken any
18 college courses or is this pretty much e"l.:erything you
19 took.
20 INMATE XXXXXXXX: No. I cannot go to college
21 because I don't ha\Te a Social Securit.y.
22 DEPUTY COMMISSIONER STANTON: You don't have
~3 what?
24 INMATE XXXXXXXX: Social Security.
,-L
_)
-----
PRESIDING COMMISSIONER RICHARDSON: He's ar1
,\'ortliern c·at{fi;rniu ('ourt J?ejJOrters

55
i__llegal aJ.:ien.
2 DEPUTY COMMISSIONER STANTON: Oh, because a: the
3 illegal alien thing. Okay. Because I didn't -- That
4 precludes you, okay. All right. Does that kind of
5 cover ycur education? You got to say yes or no.
6 INMATE XXXXXXXX: l.'es.
7 DEPUTY COMMISSIONER STANTON: Okay, thar:k you.
8 That doesn't pick up your nods, okay·.
9 PRESIDING COMMISSIONER RICHARDSON: It's because
10 this is recorded.
11 DEPUTY COMMISSIONER STANTON: Yeah.
12 PRESIDING COMMISSIONER RICHARDSON: So if you
13 shake your bead --
14 INMATE XXXXXXXX: It doesn't reco~d.
l5 DEPUTY COMMISSIONER STANTON: Yeah, that's the
16 problem.
17 INMATE XXXXXXXX: All right.
18 PRESIDING COMMISSIONER RICHARDSON: There you go.
19 DEPUTY COMMISSIONER STANTON: Okay. All right.
20 So you've been disciplinary-free, you've upgraded your
21 cauca':.ion. Vocationally, it looks htre :ike you have
22 c~rtification ln vocational graphic arts, and you
23 fin~shi:od auto body J:::.asics as well. So ~·ou have a couple
24 of trades. Is that tree?
25 INMATE XXXXXXXX: Yes,
,\'orthern ('alifi;rnio (~our/ l~i!J>ortr'rs

56
DEPUTY COMMISSIONER STANTON: And do yoc re~embe=
2 your ski.:_~s ~n those areas?
3 INMATE XXXXXXXX: In auto body?
4 DEPUTY COMMISSIONER STANTON: Uh-huh.
6 DEPUTY COMMISSIONER STANTON: Oka;/. And any
7 other vo=atior,s that I may have missed? TD.at "''as the
8 only ones I sav..1.
9 INMATE XXXXXXXX: No, that's all.
JO DEPUTY COMMISSIONER STANTON: Okay, all right.
11 And then in the area of your viork, I noticed that you
12 held different institutional work assignments at various
13 times. I looked through your assignment history, and
14 I've seen that you have been a porter for a short time.
15 It looks like you were a landscape gardener back in 2010
16 for a couple of months or something.
17 INMATE XXXXXXXX: Yeah, a special assignment.
18 DEPUTY COMMISSIONER STANTON: Yeah. And then
l9 you've been a medical aide and most recently, an adult
20 caregiver.
21 INMATE XXXXXXXX: Y'2S, sir.
22 DEPUTY COMMISSIONER STANTON: Okay. And I did
r--' see that you have received laudatory chronos from your
24 work superviscr describing you as reliable and
~5 p1-ofessional 1 you ha·ve a strong >vork ethic. A.nd I alsc,
L--~~--~~~~~~~~~~~~~~
,\'ortliern ('al{fi1rniu ('ourt R!!r1orters
57
posit~ve attitude. And I ncticed that you had prior
~ laudatory chronos as well in the file. Okay. So :/our
3 ·work reccrd looks pretty decent. And then in the area
4 of self-help, you've been quite active. Mr. X/'.XXX)~XX,
5 ~oaks like the doctor listed out most of them. I Sa VJ
6 some recent -..:_flings as v.,iell. I Sa\¥ in April, you took
7 Vicc_:;_m•s Impa.::::t.
8 INMATE XXXXXXXX: Ye3, sir.
9 DEPUTY COMMISSIONER STANTON: And Bible courses,
10 Stress and Anger Management in January of 2016. Looks
11 like Conflict Management in January of 2016. Saw some
l2 AA and N'A., ar.d then the doctor lists, you know, your
13 prior AA/NA. You took about several, looks like at
14 least eight cf the Correction Learning Network, CLJ\
15 correspondence courses. Anger Management, Life Skills,
16 Employment, Kno>-V Thyself, Stress Management, Frame1,1ork
17 for Barriers, Secrets to Finding a -Tob, that's what
18 you're calking about. Ano~her Anger Management, Ticket
19 to the Future. There were some Home Bible Study in 2011
JO and '1::: And Mr. XZXXXXXX l1as also participated in
21 Goldt-n Hij_ls Mdult Scl)oul LLteraC'/ Program
22 corresponden2e courses. ~ counted about 46 of these
23 th:'._nqs. Der:.:al, Quiet 11omcnts, 12-Steps fer Spanish
14 Peop2-e, Relapse Prevention Or,e and Two, Spirituality and

I
25 I Persor.ality, Addi.ction and Loss, Sexual l-\buse,
L
1\'orthern Cul!forni(I (,'nur/ Reporters
58
Farer.ting. The list goes on, self-help, different kinds
2 of self-help programs. Nutrition, Exercise, Negative
3 Emotions, different Anger-F.elated Ones, Forgiveness.
4 You know, 1,Jorking on your future type of courses, Farr1ily
5 Matters, Relapse Pre·vention again, 12-Steps, Sex Drugs
6 and .i'\lcohol, Skills for Reducing Stress, several related
7 to that. Self-~alk, Coping Skills, Triggers, different
8 kinds of emp:'..oyment Life tJ.;anagement courses, Thinking
9 Errors, the Con Game, Jl.lcotol and Drug Addiction, Self-
10 Worth, the list goes on. So i t looks like you took
ll about, I counted roughly 46 different courses from the
11 Literacy Program correspondence courses. And then also
13 previously, you've been involved in Anger Management,
14 Prcject Pride, Learning How to Reach Your Goals class,
15 Alc_ernatives to Violence Basic liJorkshop. And in 2007,
16 you were in Celebrate Recovery. So since 2007, yo:..i've
17 ta ten a lot of self-help courses. Is that fair?
18 INMATE XXXXXXXX: l'es.
19 DEPUTY COMMISSIONER STANTON: Okay. And out of
20 th0se courses, which one or which ones hcive you found to
21 t-.,2 the rnost beneficial and i::ell rne why?
INMATE XXXXXXXX: For example, Anger Management.
23 lt'~' one o[ the most importan-c ones because y2u kno•,.•, I
24 le~rned how to manage my anger.
25 L ___D_E_P_U_~~--c-oM--M-I_s_s_r_o_N_E_R s_T_A_N_T_O_N_'_ _A_n_d_'__'_h_a_t__d_i_d_y_''_u_ __

__
.11/orrhern ('ali/i1rnia C'ourt RcJJOrfers

59
learn?
INMATE XXXXXXXX: I learned that anger starts in
3 ways of think:ng.
4 DEPUTY COMMISSIONER STANTON: Right.
5 INMATE XXXXXXXX: And the process is four stages.
6 For eY.arnpJe, V.'e start c~·ith the thinking and then with
7 emotions, or ~ei:'s say ~inei:.idib1.e), and then explosion.
8 But before v..•e get to E::>:plosion, we have to stop thinking
9 or try t:> figure things out, or find some professional
10 help to solve the problems or something like that. It's
11 the main thing I learned from the Anger Management
12 program, they' re all based on the and the same thing.
13 How to rr,anage anger before it gets to explosion.
14 DEPUTY COMMISSIONER STANTON: Well, let me ask
15 you this. Have you found a need to employ those skills
l6 often or frequently -,,1hile in the institution?
17 INMATE XXXXXXXX: Yes, 3: do. Well, we can use
18 that very often over here in prison because sometimes,
19 you never kn:::i1:1 ,,,ho's next to you. And people sometimes,
20 they're not friendly and so --
21 DEPUTY COMMISSIONER STANTON: Can you give me a
22 couple of examples?
INMATE XXXXXXXX: -- there's things and mctking
24 thir:gs here and tLere, and tr1en 3:'ci netter go.
DEPUTY COMMISSIONER STANTON: Can you give me a
-------------------------------------~
60
couFle Gf examples when you may have to exercise your --
INMATE XXXXXXXX: When I think that something is
3 goi~g to happen and i t ' s going -ro go out cf control,
4 before son1eth!..ng happens, I go to the officers and say
S you kno·..; what, I have ·a problem over there so can you
6 r::lease c_ear i t up f o:r me because I cannot, cannot
7 handle i-:::_ •
8 DEPUTY COMMISSIONER STANTON: Does that happen
9 of-ren er - -
10 INMATE XXXXXXXX: No. It already happened to me
11 once or tv1ice maybe, but i t happens.
12 DEPUTY COMMISSIONER STANTON: And in your recent
13 \lictirr1' s Impact course, what did you learn in there?
14 INMATE XXXXXXXX: In the Impact course, I learned
15 that the victim is all the victiins regardless. You
16 knov1, they get affected physical, emotional, menta:ly,
17 and spiritualJy. All those affect the victims, and they
18 son;etimes take a long tirne to heal, or sometimes they
19 never heal at al2-. So the impact to the victim is very,
20 very irn_r:ressive ::,ometimes need attention. But attention
21 ~o everybody because they've been victimi:ed for l i t t l e
22 th~r.gs or for big things, it's the same thing.
DEPUTY COMMISSIONER STANTON: .n.11 right. And
24 what abc1ut substance abuse? You have some issues with
_,
r that.
,\'orthern Cal{fhrniu Court Rc;;orler.1·

61
INMATE XXXXXXXX: Oh, yea.h, yeah. Substance
abuse is the only ~hing I have is I keep biti11g my
3 fingers. \rJhat maJ.:e me freaking out, for example, peop::.e
4 that are s t i l l involved in drug addictio~. So alcohol
S or non-spirit.ua~ people, all those things. The places
6 like ploces 1:Jhere the alcohol is served, drug
7 addictior,s, all those things. Like in the -- All those
8 could be the triggers.
9 DEPUTY COMMISSIONER STANTON: Jl.11 right. And
10 you're Sensitive Needs Yard, is that correct? You're on
11 Sensi~ive Needs Yard?
12 INMATE XXXXXXXX: Yes, sir.
13 DEPUTY COMMISSIONER STANTON: Okay. And when did
14 you go SNY?
15 INMATE XXXXXXXX; I went like I think it was
16 2 0 :_ 1 .
17 DEPUTY COMMISSIONER STANTON: And v1hy?
18 INMATE XXXXXXXX: I went because couldn't walk
19 on the rr,ainl:i.ne because of iny arthritic sockets.
20 DEPUTY COMMISSIONER STANTON: Cka.y. P..ll rigi'.t.
21 Arid did tht ~rogramffiing be~ome more avajlable at that
22 tirne?
23 INMATE XXXXXXXX: Cver here in SN, yes.
24 DEPUTY COMMISSIONER STANTON: AlJ right. That
25 sort of makes, it jives 111ith the timing. Tf1oi::' s why I
L~~~~~~~~~~~~
,.\'orthcrn C'olif<n·nia ('our/ R.r!JJorlrr.1·
62
A~l right. And what do you de with y:::iur
1 leiscre --:_in10, wher, you do '.-:ave some free time?
3 INMATE XXXXXXXX; l'lhen I have free times, mostly
4 what I d:::i is, you knoi,,,,', try to make a living amends with
5 people who really need my help like, you know, I mean
6 JI.DAS and stuff like that. Sometimes I fix things here
7 and there for them. And you know, I try to help them
8 mos-::. because ,_~hey make rne feel like I'm doing like a
9 liv!._ng amends.
10 DEPUTY COMMISSIONER STANTON: So you help other
11 inrr«:;tes?
14 ATTORNEY LUM: And he said ADA inmates.
I< DEPUTY COMMISSIONER STANTON: ADA inmates. Okay,
16 thank ycu. All right. We talked about your discipline
17 record, and it's very good, it's spotless. .l;nd you've
18 upgradea educationally and we talked about that. Your
19 vocation, your work records, your self-help
20 aci-1ievement-s 1 and preti:.y rni.:.ch everytf'.ing else I can
21 th~r1k of. ls there anything about what you've been
do~ng in pri2on, your institutional adjustment sin=e you
23 carr.l-- ~o prison tr.at you wanted to 1nake knovin to the
2..J ~ar1cc: o:c put on the reco:::-d? There's a couple of more
25 things I'm going to cover about what you've done "''ith
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the 2-ettcrs. But before we get into tha~ and your
2 rel2Fse pre'l."ention plan, anything about ycur programrn.:ng
3 you wanted to let us know er did we pretLY much cover
4 it?
5 INMATE XXXXXXXX: It's pretty much covered.
6 DEPUTY COMMISSIONER STANTON: All right, thank
7 you. All right. One thing before we move on to your
8 parole plans is you did wri:.e some letters I have in the
9 packet. And Counsel, I'm going to, I didn't see these
10 in the file so I'm just going to mark the entire packet
I! as Exhibit 1.
12 ATTORNEY LUM: Thank you.
13 DEPUTY COMMISSIONER STANTON: Okay. And you did
14 write an apology letter in the packel that you
15 submitted, two-page typei.,.rritten apology letter. You
16 wrote a letter to the people that you directly o.ffected
17 as a result cf your crime, and that's in your packet as
18 >·1ell. When did you write these?
19 INMATE XXXXXXXX: I did this like about three
20 times during my period of time. But this one like
21 probably, I cannot say. Probably a year or two years, a
22 year maybe.
DEPUTY COMMISSIONER STANTON: Now you also wrote
24 one that's i~ -- Well, you wrote two actua!ly. One is
25 entitled Additional Ones. One is Insight 1-1l1ere yot: said
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that ycc sh0uld have confessed your involvement in the
1 crime since the very beginning. Because that wasn't
3 always 'Che case, was it?
4 INMATE XXXXXXXX: llh-huJ-1.
5 PRESIDING COMMISSIONER RICHARDSON: Yes?
6 INMATE XXXXXXXX: Yes. Th~s is -- Let me see,
7 le:, nte find it.
8 ATTORNEY LUM: Did you hear the question?
9 INMATE XXXXXXXX: Huh?
10 ATTORNEY LUM: Did you hear the question?
11 DEPUTY COMMISSIONER STANTON: You v1rote the
12 Insigf1L one, and you s"Carted by saying that you should
13 have confessed from the very beginning of your
14 involvement. Because you didn't always do that, is that
15 corrE:>ct?
16 INMATE XXXXXXXX: Yes, that's correct.
17 DEPUTY COMMISSIONER STANTON: All right. And why
18 didn't you take full responsibility right from the
19 beginr.ing?
20 INMATE XXXXXXXX: Because I was ashamed and feel
21 101o.• self-est_~·ern. You know, I felt safe. I thought I' rr,
22 go~ng to get double punishment and I thought, you kno1-.r,
23 it's gcir1g tc..' be (~asier for me jesi: to keep it like this
24 and the p~uLlem is gcing to solve just because. I was
25 al~ con:'.:used, y0u knu\•!, thinking all, you kno 1d,
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senseless thiGgs.
DEPUTY COMMISSIONER STANTON: All right. And you
3 also wrote a ~etter of remorse that's in your packet.
5 DEPUTY COMMISSIONER STANTON: And then you p'Jt
6 together -- It kind of segues into your parole but I'll
7 cover Jt right now. You p~t togethe; a relapse
8 prevention plan as was recommended by the previous
9 Panel. And you talk about what you'll do upon reentry,
10 things like contacting your Parole Officer, go to the
II police departnlent and OMV, get a nei:v1ork of support to
12 prevent relapse, go to AA/NA, things like that. You
13 talked about some triggers you have v1ith people, non-
14 spiritual people, drug addicts. Some places that you
15 want to avoid I guess, like where alcohol is served and
16 locations that are frequented by criminals, drug houses,
17 bars, etcetera, i l l i c i t things, destabilizers. Things
18 that are stabilizers like staying ba~anced and doing a
19 job with responsibility and integrity, spending time
20 v1ith positive influc=nces, attending church, 12-Step
21 prcgrams, etcet.era. Yo0 list a s~~pcrt network in here,
22 Parole Officer, family, church, AA/NA, fiiends and c:os-e
friends, ret1abilitation centers. You have a segme~t on
24 signs of relapse, about 15 different signs of reJapse.
25 Skills that you've learned I guess to support your
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sobriety. Problem-solving, you have a heading under
2 Problern-Solving. And i t says, you have a heading called
3 Ne\~ ::nforrr,ation basically saying that v..1 her, there is new
4 information, you' re not ashamed to ask for help. You
S ha1Ie a section or, Social Net1·1orking, and a Commitment
6 and F,eaffirmation secc.ion. And then you have written a,
7 it loc-ks like about a one-page essay on every one of the
8 12-Steps of AA and N.ii. :s that accurate?
10 DEPUTY COMMISSIONER STANTON: Okay. P..nd you know
11 these steps fairly well?
12 INMATE XXXXXXXX: Yes. I know them in Spanish, I
13 know every step. But if you want me explain how to
14 apply i t to my life, I can do it in English.
lj DEPUTY COMMISSIONER STANTON: All right, we may.
16 Let's see. And then you have some documents that you
17 scbrr1itted also. One is a scenario. And I think what
18 I'm ~.coking at is if y::iu find yourself in an angry
19 situation, hov-• you would handle it now.
20 INMATE XXXXXXXX: Yes, si:r.
22 INMATE XXXXXXXX: Thai:'s correct.
__,
'" DEPUTY COMMISSIONER STANTON: And then you have
24 an:ther essdy, one-page. These are all one-page
25 typewritten. And d~d you type these yourself?
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INMATE XXXXXXXX: Yes, sir, I did y.;.'._i::h the r.elp
2 of a dictiona.::y.
3 DEPUTY COMMISSIONER STANTON: Okay, all right. I
4 understar.d. And you wrote one on future goals. You did
5 anoi::.r.er one on t1etas. In Spanish, are those goals? ls
6 i:.hat goa:'..s :i.n Spanish?
7 INMATE XXXXXXXX: Yes, si.r.
8 DEPUTY COMMISSIONER STANTON: All rigl1t. And
9 then you have a document you did before on different
10 Let me p·..it this on record. You have a Before and Now
11 section -Nhere Before, Irresponsible, Uow, Responsil:::le.
12 So I guess this is sort of your attempt to paint a
13 picture of hew you were and ho\<J you are?
DEPUTY COMMISSIONER STANTON: Okay. \.'Jas that a
16 fair way to put it?
18 DEPUTY COMMISSIONER STANTON: All right. And
19 Causative Factors. You list you had a double life
20 before, v-.•rong belief, you didn't, ha:1ging out with the
21 wrcLg crowd. You didn't really know Mr. Hernandez, bad
22 chcices, lhe guns, stubbornness. You list the things in
23 tho t .
INMATE XXXXXXXX: Yes, sir.
_,
o- DEPUTY COMMISSIONER STANTON: You had Apri: 26th,
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2016, a document that you composed on VictiIT'S Impact,
to learn and understand aboLt Victim's Impact. You
3 wrote a:so it looks like brief summaries of what you
4 learned in CLN, Life Skills, S~ress lvJanagement 1
5 etcetera. The Ji.nger Management, Creative Options, and
6 Conf.:_ict courses. And then the last one in here in the
7 packet that you s~bmitted is a docun1ent entitled,
8 Walking the 12-Steps with Jesus Christ. And i t ' s a
9 study based on -che 12-Steps only related to Bible study.
10 Does tha~ pretty much summarize what you did?
12 DEPUTY COMMISSIONER STANTON: Okay, all right. I
13 want to make sure I get i t all on the record. ]l_nd is
l4 there anything else before we leave this phase of the
l~ hearing where we're talking about your post-conviction
16 factors? We're going to talk about your parole plans.
17 Has that been covered sufficiently that we have a
18 picture of -,,,1f1at you've beer, doing in prison?
20 DEPUTY COMMISSIONER STANTON: All right.
21 Co\...r:sel, anything I u1issed?
22 ATTORNEY LUM: I think just Bible courses or

,.
~-' I BiLle s"':.udies.
24 DEPUTY COMMISSIONER STANTON: I think I mentioned
25 that.
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ATTORNEY LUM: Oh, ckay.
2 DEPUTY COMMISSIONER STANTON: Okay. I mean, I
3 can go into depth in it but I saw there we~e chronos in
4 ~here consistently indicati~g different kinds of Bible
5 courses. Okay. Jl,ll righ"C. Then let's talk about your
6 par~le p~o.ns, t/;r. XY.XXXXXX. And I'm going to off of i t ,
7 ond you ha1,,Te quite a bit in yo:.i.r packet that you
8 subffiitted according to what you told the clinician back
9 .'.n 2015. Is that still pre:ty much your parole pla~s,
10 whaL you told the doctor in 2015?
11 INMATE XXXXXXXX: ):'es, s i :r:.
12 DEPUTY COMMISSIONER STANTON: Okay. And you do
13 have an Immigration, a Customs Enforcement ICE hold for
l4 Nicaragua.
15 INMATE XXXXXXXX: Yes, it is.
16 DEPUTY COMMISSIONER STANTON: Okay. And will
17 likely resuli:. in your deportaticn according to -r..he
18 doctor. It says that if you return to Nicaragua, you
19 plan to live with your aunt. And stated that your
20 pal·ents also have a house "Lhere it1hich you' 11 be allowed
21 '::.c ~tay in. Regarding employment, you wou 1 d l ~ ke to
wcrk at one of your aunt's businesses either in auto
23 repair or in a g~ocery shop. And you do have auto body
24 skii:s, is ~tial correct?
INMATE XXXXXXXX: Yes, correct.
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DEPUTY COMMISSIONER STANTON: A:'...l righ-c. Ar.d ic:
2 says in the event you' re allowed <:o remain in United
3 States, you'd like to live v·:ith your siste;:-. Is that
4 still accurate?
5 INMATE XXXXXXXX: Yes, i t ' s correct.
6 DEPUTY COMMISSIONER STANTON: 8kay. .:11,nd you also
7 have some brothers that live in the United States. Now
8 where does your sister live?
9 INMATE XXXXXXXX: My sister lives in Bloomington
ID in Cali~ornia.
11 DEPUTY COMMISSIONER STANTON: I" California.
12 INMATE xxxxxxxx: Yeah.
13 DEPUTY COMMISSIONER STANTON: Okay, all right.
14 And \Yha t about your brothers?
15 INMATE XXXXXXXX: My brothers lives in Los
16 A_ngeles also,
17 DEPUTY COMMISSIONER STANTON: All right. So you
18 have at least two siblings in California.
19 INMATE XXXXXXXX: I have three in the parole
20 plan. I have Eugenio Barrera, Francisco Lopez, an::! rny
21 sister, Frar,cisca XXXXXXXX.
DEPUTY COMMISSIONER STANTON: And they' re all in
23 Califo::::nia.
24 INMATE XXXXXXXX: They are al: ~n CaliforGia.
25 DEPUTY COMMISSIONER STANTON: All rigl1t. And
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they say -- And you said they would likely provide you
2 wiLh assistaGce wiLh residence. ~n terms of employment,
3 you'd like to work with your cousin or brother in the
4 trucking business.
6 DEPUTY COMMISSIONER STANTON: Is thaL still
7 a:::ci.:rate too? No~ you did submit a bunch of new
8 letters. You submitted a parole plan for Well, you
9 actc;ally wrote a whole plan out here for us. Okay. And
10 it says here that you ha\re employment offers from Aunt
11 Julia Idiaquez?
13 DEPUTY COMMISSIONER STANTON: Okay. That's I-D-
14 I-A-Q-U-E-Z for transcriber.
IS INMATE XXXXXXXX: Yeah, that's my aunt.
16 DEPUTY COMMISSIONER STANTON: And that's her auto
17 repair business?
19 DEPUTY COMMISSIONER STANTON: And jt's limited to
20 auto body and fender, mechanic, paint, ...:hatever is
21 involved in au~ornotive repair. Is this in Nicaragua?
22 INMATE XXXXXXXX: Yes, i t ' s in Nicaragua.
DEPUTY COMMISSIONER STANTON: Okay. And here,
24 yo1:r Au~~ Ju] la also got a grocery store where you can
25 bf-' Ct cashier/stocker and a general laborer. And it says
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to please refer to the support let~ers. You talked
2 abot.<t tra:-isportation. Ckay. Yo~ got a secondary plan
3 if you gc in the US which you also outlined here. ::: 'm
4 assuming i t ' s in line with what we just talked about.
5 And we did have letters here frorn, one is from June of
6 20lt from William Depue Horne or Dv.. ayne, 1 excuse me.
7 Dwayne McElv1ee, M-C, capital E-L-W-E-E, and tl;is is the
8 Rescue Life Foundation in Los Angeles. And it looks
9 like you've l::_1een accepted into their f:ousing program if
10 you need to?
11 INMATE XXXXXXXX: Yes. That's part of the Growth
12 Management.
13 DEPUTY COMMISSIONER STANTON: Okay, And v1e have
14 a letter from the Bible, .:t's in the file from Wesley
!5 Russell from the Bible Tabernacle in Canyon Country.
l6 And basi::ally just talks about the program, I don't knoi,..·
17 if it's actually an acceptance letter but it's clear you
18 coc,tacted them. You have a letter from March of ttis
19 year from Fred Brown F,ecovery Services, and talking
20 abuut their services as i,..•ell. And another one from
2l Amit.y Foundatiun from Febri..:ary of 2016, arid this one
22 says you have been accepted into Amity's residential
23 program in Los Angeles. And then there's suppor~
24 letters from Francisco Lopez, your brother.
25 INMATE XXXXXXXX: Yes .
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DEPUTY COMMISSIONER STANTON: Okay. Anci they
said te'~l he~p you financially and provide you with a
3 roorr1 in Los 7.i,.ngeles, and help him in the truck:ng
4 bus:'_nE::ss. Okay. So that's --
5 INMATE XXXXXXXX: That's correct.
6 DEPUTY COMMISSIONER STANTON: -- what you we~e
7 talking about before? .b..11 .right. And we have a letter
8 from Eugenio, E-U-G-E-N-I-0, Barrera, B-A-R-P,-E-R-A.
9 And thac:'s in Lyn1-:ood, Calii:ornia, and she's a cousin.
JO Knovin you since you were kids, and help you with
Jl finances and a room if you r:ceed it, and the trucking
12 business. Okay. Got another letter from Francisco
13 XXXXXXXX, is that a brother?
14 INMATE XXXXXXXX: Yes, i t ' s my brother.
15 DEPUTY COMMISSIONER STANTON: Okay. And he'll
16 provide a :::-oom in Bloomington, California as 1,vell. So
17 that's verification of that offer. Maria Mena.
IS INMATE XXXXXXXX: Maria Mena is my niece.
19 DEPUTY COMMISSIONER STANTON: Okay, M-E-N-A. 7•.nd
20 that's in Bloomington as well. And she'll help you with
21 rrion~:;', looks ~ike. Is ~hat about it?
10 INMATE XXXXXXXX: And finaricial.

__,
0' .l\.nd then I
DEPUTY COMMISSIONER STANTON: Okay.
24 I
gut a
::!5
[_ INMATE XXXXXXXX: Larry Zelaya.
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DEPUTY COMMISSIONER STANTON: Zelaya, Z-E-L-A-
2 Y-A. And that's a nephew?
J INMATE XXXXXXXX: That's my nephew.
4 DEPUTY COMMISSIONER STANTON: Okay. fl. n d
5 financial support offers you, and says will provide you
6 vii th food, home and clothes. And where is he? ! s he in
7 Blo0rr1ington as well?
8 INMATE XXXXXXXX: Yes. This is my sister's --
9 DEPUTY COMMISSIONER STANTON: All right. So you
10 have verification of your parole plans in California.
ll }\nd then we have letters from Maria Idiaquez.
12 INMATE XXXXXXXX: That's my mother.
13 DEPUTY COMMISSIONER STANTON: Okay. And she's in
14 Managua?
15 INMATE XXXXXXXX: She's back and forth. She
16 lives over here and also in Nicaragua.
17 DEPUTY COMMISSIONER STANTON: Oh, okay. Yeah, it
18 doe.'::i say ~n Bloomington as v,rell. And what's your mom
19 offering? She says financial support, it looks like.
20 Clothes, food, shoes, emotional support. So your rr.orr1 is
2! supporting, basically give you ~hat ycu need and she'll
2J cake you in essentially. All right. And then there's
23 anotLer letter here from Sylvestre Xi<l'.XXXXY., retired,
24 permbnent resident.
25 INMATE XXXXXXXX: That 1 s my dad.
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DEPUTY COMMISSIONER STANTON: Okay. And he's in
!V:anagua?
J INMATE XXXXXXXX: They're both back and for~h.
4 DEPUTY COMMISSIONER STANTON: Back and forth, got
5 it, okay. And basically says financial support, same as
6 your mom, food, clothes, until you get started on your
7 0\-JTI. A room to live in i~ Cuidad Sandino in Managua,
8 Uicaragua. So you have a place to live in Nicaragua.
9 Got a letter from Julia Delcarmen Idiaquez ~ejia.
11 DEPUTY COMMISSIONER STANTON: And who -- That's
!2 your sister, that's in Spanish.
IJ INMATE XXXXXXXX: That's rny aunt, the person
14 offering me a job in the grocery store.
IS DEPUTY COMMISSIONER STANTON: Okay. So these are
!6 all, these are the letters !._n Spanish that we just i,..1 ent
17 over it 2-ook.s like, right? And it looks like there's
18 some other letters frorn Aaron Castillo, the 12-Steps.
19 So ~hese are -- This is related to 12-Step groups in
20 Nie a ragua, it looks like.
21 INMATE XXXXXXXX:
22 DEPUTY COMMISSIONER STANTON: Okay, I see. All
23 ri9ht. And i t looks like you have a bunch of Spanish
24 lessor1s l-1ere :hat are re~at.ed to 12-Step programmir:g
25 \ dn"n in 1~ i car o gua, and it looks like you have an
--
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invitation tc the church down there from the Association
2 EvangElica Pentecostes, somew·here in Nica!:'agua I'm
3 assuming. Ano that's from Isaac Napoleon Torres
4 Gor:zales (phor.etic), t:he pastor dov1n there.
5 an i~vitatior1 to go to the church?
6 INMATE XXXXXXXX: Yes. That is they agreed to
7 help rne out ·,.;ith a lot cf things like emctionally, and
8 it's like a community letter from the church.
DEPUTY COMMISSIONER STANTON: Okay, all right. I
10 understand. All right. Does that -- So does that
IJ pretty ~ell spell out your parole plans if you go to
12 Nicaragua and you 1>1ant to "''ark t.Jith your aunt,
IJ INMATE XXXXXXXX: Yes, sir.
14 DEPUTY COMMISSIONER STANTON: -- either in auto
15 or groceries, you have a pJace to live do1..in there until
16 you get on your feet. At least, your family is willing
17 i:o support you. And sort of the same thing in the
18 United .States. You got family here and you got a couple
19 of job cffer.s in the event you were to stay here. Does
20 that summarize your parole plans?
21 INMATE XXXXXXXX: Yes, si!'.". That summarizes my
22 parole r:;lans.
DEPUTY COMMISSIONER STANTON: Anything else i,..1 e
:'.4 need to knO\.J about them? Are you going to -- It looks
25 I 11 ke ycu 1
re planning to go on 12-Step, continuing 1..iith
L.~··-
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the substance abuse programming?
INMATE XXXXXXXX: Oh, yes, sir. Cf coi..;rse. 1
3 cannot leave that because you know, my recovery is going
4 to be for lif'2.
6 INMATE XXXXXXXX: I got to stay on ~n my groups
7 and all iny self-help program like Nf.>/AA or any other
8 group that gives me the help to keep myself sober.
9 Because that's my primary goal, to keep myself sober.
JO DEPUTY COMMISSIONER STANTON: Why is that so
ll important?
12 INMATE XXXXXXXX: That is very important because
13 you know, I know that alcohol and drugs alreadj-' caused
14 me a lot of trouble. So this is not for me, i t ' s not
!5 made for me. So I cannot be near those things, and not
16 even T.-he people who are really in conjunction i,1ith the
17 alcohol and any kind of drugs.
IS DEPUTY COMMISSIONER STANTON: All right:.. That
!9 pretty m'Jch cover your parole plans?
20 INMATE XXXXXXXX: That is. ~y mai~ one is to
2! keep rnyself :::ober.
22 DEPUTY COMMISSIONER STANTON: All right. All
23 right, t.'1ank you. Return to the Chajr.
24 PRESIDING COMMISSIONER RICHARDSON: Sir, I 'rr. kind
of curious. In every police report, Appellate Decision,
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Probation Officer's Report, they all refer to Lhe victim
2 as Mr. Chavez. Why do you choose in all your documents
3 to refer to h;;_n1 as !V:r. Hernandez?
4 INMATE XXXXXXXX: Because usually in Spanish, we
5 al\.;ays use the first last name.
6 PRESIDING COMMISSIONER RICHARDSON: But. that is
7 I the last name, i s n ' t it? His rnidd~e name is Hernandez.
8 INMATE XXXXXXXX: No. Hernandez is -- He
9 tattooed last names right there. Umberto is his name,
10 i-ler:nandez is his last name and Chavez. Hernandez is his
11 last name, and Chavez is his mother's last name.
13 even though officially every document has Chavez, you
14 choose to use Hernandez because of Spanish custom?
I5 INMATE XXXXXXXX: I don't know. I didn't pay
\6 attention to t:.hat but it really --
IS I kind of significant because --
19 INMATE XXXXXXXX: Yeah. They use the three
20 names, so I guess the first one
21 I PRESIDING C01"1MISSIONER RICHARDSON: Well, no.
22 They lisc al: three names but the end of the body of
every one of these documents is Mr. Chavez. So I was
24 :·__:st ccrious.
25 I INMATE XXXXXXXX: Hernandez. Hernandez, it's

l________________~
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what I use.
PRESIDING COMMISSIONER RICHARDSON: No, sir. You
3 referenced him as Mr. Hernandez.
j PRESIDING COMMISSIONER RICHARDSON: The Appellate
6 Courts referred to him as t·:r. Cha·vez. The Probation
7 Officer's P,.;;port refers to him as t'1r. Chavez. And even
8 the Police Reports refer to hirn as Mr. Chavez. I was
9 just curious. There wasn't -- All right. Sir, at this
10 point, what we 1
re going to do is we' re going to go into
11 clarifying questions. And i t 1 s important that you
12 understand the questions will be from the representative
13 from the District Attorney's Office to the Panel. So
14 please wait until you hear from a Panel member before
!5 you respond. Okay?
16 INMATE XXXXXXXX: Okay.
17 DEPUTY DISTRICT ATTORNEY BUDMAN: I may ha\re
18 rnissed it, but was there a letter of support from the
!9 inmate's \"Jife in his packet?
20 PRESIDING COMMISSIONER RICHARDSON: l. don't
21 believe so.
22 DEPUTY COMMISSIONER STANTON: I don 1

t think so.
INMATE XXXXXXXX: No.
24 PRESIDING COMMISSIONER RICHARDSON: V'Jhy not?
25 INMATE XXXXXXXX: For the sarne thing, I dcr.' t
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know. We are not in communication. know v1here she at
2 and e'\rerything tf:rough rny s::_ster,
J PRESIDING COMMISSIONER RICHARDSON: Let me ask
4 you something.
5 INMATE XXXXXXXX: but I don't ha1,re
6 communication with her.
7 PRESIDING COMMISSIONER RICHARDSON: Ho"'' old were
8 your children when you fled to Texas, when you committed
9 the murder?
10 INMATE XXXXXXXX: My younger daughter was I think
11 four years old, and my older son vias .like around eight,
12 seven, eigl1t.
13 PRESIDING COMMISSIONER RICHARDSON: Did you ever
14 provide any finar1c.:a1 support to them after you fled to
15 Texas?
16 INMATE XXXXXXXX: Yeah. Well, I could, I mailed
17 her money. But since I got arrested, not at all.
19 DEPUTY DISTRICT ATTORNEY BUDMAN: Is the inmate
20 have ciDY reJationship wich his childien?
21 PRESIDING COMMISSIONER RICHARDSON: Do you have
22 any contact \~iI.h your children?
INMATE XXXXXXXX: No. She took them over there.
PRESIDING COMMISSIONER RICHARDSON: 'l'hey're
25 adG~ts r.ov:, aren't they?
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INMATE XXXXXXXX: Oh, yeah, they are.
DEPUTY DISTRICT ATTORNEY BUDMAN: ?.nd has the
3 inmate, during the course of his prison history, tat.en
4 co~rses either self-help or courses in domestic
5 violence?
6 PRESIDING COMMISSIONER RICHARDSON: Have you
7 taken any domesLic violence?
8 INMATE XXXXXXXX: Yes. Just Victim's Impact,
9 both victims
10 PRESIDING COMMISSIONER RICHARDSON: Okay, just
11 the Victim's Impact.
12 DEPUTY DISTRICT ATTORNEY BUDMAN; Does the inmate
13 expect to have any communication with his wife or his
14 chi~.dren after he gets out of prison?
15 PRESIDING COMMISSIONER RICHARDSON: Sir, is i t
16 your plan to try LO --
17 INMATE XXXXXXXX: Just that i t ' s one of my dreams
18 to :ry to get them back, talk to thern and unite \l'.1 ith
!9 them again.
21 DEPUTY DISTRICT ATTORNEY BUDMAN: Noi.-1 I believe,
22 although it \''asn't stated directly, that the inmate has
23 indicated at least it 'tJas my impression that he and his
24 't·ii fc, the mother of his children, are still marrieci. Is
25 thaT. correct'!
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PRESIDING COMMISSIONER RICHARDSON: I think they
2 a re. Are yoLl st.ill married to your wife?
3 INMATE XXXXXXXX: Yes, ma'am.
4 DEPUTY DISTRICT ATTORNEY BUDMAN: And of tJ-1ese
5 people, 1·1ho have offered support that live in t.his
6 country, rela-::.i\'es. Does the inrnat.e know how many of
7 them are here- legally or illegally?
8 PRESIDING COMMISSIONER RICHARDSON: Okay. Of the
9 people that are in the Unit.ed States, do you knot·,t who is
10 here lega:ly and who is here illegally?
11 INMATE XXXXXXXX: None of them.
12 PRESIDING COMMISSIONER RICHARDSON: None of them
13 are illegal or none of them are legal?
14 INMATE XXXXXXXX: None of them are illegal. They
15 all have resj dent-ship.
17 they're a.'._l legal.
18 INMATE XXXXXXXX: They're all legal.
20 thank you.
21 DEPUTY DISTRICT ATTORNEY BUDMAN: I have no
22 further q~estions.
PRESIDING COMMISSIONER RICHARDSON: Counsel.
24 ATTORNEY LUM: Why did you waive your last
25 hearing?
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INMATE XXXXXXXX: I waived my last hearing
2 because I wasn't ready for this hearing, and I also need
3 a lawyer for representation.
4 ATTORNEY LUM: What have you done to address the
S crirr,e in Texas, Lhe sexual assault?
6 INMATE XXXXXXXX: I had two classes in 2009, and
7 also I i·1ent L~ (inaudible).
8 DEPUTY DISTRICT ATTORNEY BUDMAN: Went to see
9 what? I couldn't hear what he said. He went to see
II .DEPUTY COMMISSIONER STANTON: Could you repeat
12 that a little louder?
IJ ATTORNEY LUM: Repeat your answer. TtJhat did you
14 do to address your crime in Texas, the sexual assault?
15 INMATE XXXXXXXX: I had two classes in 2009. One
16 was about sex and alcohol, and the other sexual abuse.
17 And also, I went to (inaudible) because you knoi,,1, I was
18 tak:ng over and over about Lhe same thing.
19 ATTORNEY LUM: Was this self-defense to kill
20 !"Ir. Cha\rez?
21 INMATE XXXXXXXX: l~u, it V.'asn't.
22 ATTORNEY LUM: Is he to blame for you shooting
hirn?
24 INMATE XXXXXXXX: Jf I get blamed for that, yeah.
25 ATTORNEY LUM: No. Is Mr. Chavez ~o blame? Is
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iL J-ois fault?
INMATE XXXXXXXX: No, I don't t.hink so.
3 ATTORNEY LUM: What should you have done
4 differently that night with Mr. Chavez?
s INMATE XXXXXXXX: Well, I should call the police,
6 leave the p:'._ace, or try to find other v.1ays to fix the
7 probleru, haI1dle tbe problem not the "''rong 11ay as I did.
8 ATTORNEY LUM: No further questions.
9 PRESIDING COMMISSIONER RICHARDSON: Any foll:::iw-
10 up?
11 DEPUTY COMMISSIONER STANTON: No.
13 Closing.
14 DEPUTY DISTRICT ATTORNEY BUDMAN: Thank you,
15 Comn1issioner. The inmate said a great deal in terms of
16 preparing hirnself ±:or the hearing considering what he's
17 done, but I think there are a couple of areas in v.. hich

1
18 he's still lackir.g. The inmate said that he knew that
!9 he would have to pa}' fer his crime here, when asked.
20 And then he goes to Te.>;as and rapes a 23-year-old girl,
21 gets sent to prison, and even >vhen hE:: was i!l prison, he
22 didn't say that he had killed someone. He didn't say in
the 2C10 hearing here that he had ki!!ed someo~e. In
24 fac~, he said that he didn't know anybody. He didn't do
25 the crime, hf· didn't commi-c -che crime in Texas, he
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didn't commi~ the crime in California, he knew none of
the people. And then in 2Cl5 in his Psych Report, he
3 ad~its to having killed Mr. Hernandez Chavez but he
4 basically is rnaking excuses for it, and today he made
5 excuses for it. The crime in Texas, he broke into the
6 young wornan' s apartment, he was armed with and
7 brandished a firearm. The pistol discharged inside the
8 apartment, hitting the 1..ial::. The inmate hit the victim
9 in the forehead with the pist.ol. He then forced her on
10 the living room floor, undressing her and raping her.
11 And he \·;as captured by the police just outside the
12 buildi11g. Now he tells us Well, you, Commissio:-ier
13 Richardson really had to pull it out of him about ~he
14 story. That he tells a slightly different story that
15 she was a prostitute. And whether she's a prostitute or
16 nee makes absolutely no difference about how he'd gone
17 back to her apartrnent and had an argument over whether
18 or not guess that she would have sex with him, a~d she
19 told £1im to leave. And so he more or less admits that
20 he did rape J-1er. But I have no reason based on how the
21 s~ories have been pulled o~t of him over a long period
22 of time that he was still denying the other facts of the
23 case where they found the \~indoi,' v.ias removed, and those
24 facts a=e later related to it. So I think there's
25 minimization there. I think on the life crime today, he
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certainly admitted i t And Ms. Lem's questio~ing of
' h.'._m, he cer'.:a2-nly ad1nitted fully i:.hat it V-'asn't the
3 \rictirn's fault. However, when the story was being told
4 by him, essentially he was ~elling a stcry of self-
5 defense. Although when you, Commissioner Richardson,
6 asked hirr. directly, he said no that i t wasn't self-
7 defen.se, it \•;as his fauli::. When you read the police
8 reports, tvlr. Duran's story captured the story, there 1 s
9 no question that there v..·as an argument. But i t was more
10 that Mr. XXXXXXXX went out and got a gun specifically
11 that there was any trouble. When he talked about the
12 life crirr,e, he talks about him being surprised \4hen
13 Mr. Cha·vez went into the room, and he v1as startled anci
14 the shot occurred. Most of the evidence by various
15 people shoi,.1 that they had a discussion, heated or
16 otherwise, in that bedroom. So it wasn't something that
17 happened instantaneously, he 1:vas scared. The victim had
18 no \·.'eapo:-i and the inmate shot him. Now as the testimony
19 has been adduced today, it's clear that the inmate is
20 taking respvnsibiJ.ity for the crime. But it v1as not
21 I~ sort cf had to be pulled out of him, and then
22 rea£firmed. So he has done a great deal of work. I
23 dor1' t k r10h' _;_ f he had been more honest with th~
24 about th~ crime in Texas, the Stat-99 would have been
25 different or not, eve don't knoi,.1 tt,at .
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net complete:y supportive, it gives him a moderate risk.
2 It seems to ~e that if there were news reports with him
3 admii:::ting his crin1es in a more forthr.:gbt manner, that
4 we wou:d get a better picture of what his rating might
5 be. I~ might be moderate, it might be higher in the
6 Stat-99, i t n1ight t>e 101,1er, he might have a lovJ risk, I
7 don't knc''"· But with the way the ~acts came out today,
8 sort of pulled out in a v-. ay, 1 and the information on the
9 Texas case, and the CRA which I consider not to be
10 supportive, I believe that I would have to urge the
11 Panel and do urge the Fanel to deny parole, that he's
12 stil.:_ a cianger to the community. Thank y OU.
13 PRESIDING COMMISSIONER RICHARDSON: T11ank you.
14 Cour;sel.
15 ATTORNEY LUM: We're here to determine if
16 Mr. XXXXXXXX is suitable for parole, and I believe he
17 is. Today Mr. XXXXXXXX takes full responsibility for
18 murdering Mr. Chavez, and doesn't claim self-defense.
19 He acknowledges he minimized in the past due to shame
20 and thoughts he would lose his family. He does
21 rec~g~i=e the causative factors and has dealt with them.
22 He's shown genuine remorse, he's drafted letters of
23 apo:ogy. The crime is now a static unchanging factor,
24 and Mr. XXXXXXXX ~as been incarcerated for 19 ~·ears.
Continued re~iance on static f&ctors such as the
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commitment offense, to deny parole in light of his
2 lengthy period of ir1carceration and his rehabilitative
3 efforts is contrary to case law. His suitability
4 factors pursuant to Lawrence weigh in his favor. He has
5 no juvenile record, no history of a2saultive or violent
6 behavior prior to the commitment offense. His adu:t
7 record consist of only one conviction . .He's never
8 failed on probation or parole, he has no history of
9 mental illness, no street or prison gang ties, and he's
10 been sober since his arrest 19 years ago. He's got a
11 classification score of 19, the lowest possible. He's
12 never received a serious write-up or 115, he's never
13 received a counseling chrono. That's surely
14 commendable. It shows he has control of his anger and
15 that today, he's not currently dangerous and has changed
16 his mindset. For the past 19 years, he's shown im~ulse
17 cont.rol, the ability to remain sober, non-violent, non-
18 defiant, and the ability to follow rules. In June of
19 201S, he received a full Risk Assessment. and was fcund
20 to be a moderate risk for future violence, and a lcw
21 risk on the Stalic-99. Page ~6 sta:es t~at ''Notably,
22 Mr. XXXXXXXX has taken advantage of opportunities to
23 better hin1seJf including educational upgrading,
24 vocational training, and self-help p:::-ogramrr:ing.
25 Moreover, he's remained discipl.:'._nary-free tliroughoG-~ his
L~·------
1
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incarceratior.. " He was given recommenda~ions in his
' exarr, ::.o develop a relapse p~an, to work on his insight
3 and substance abuse, and ·he had a little over a year to
4 further decrease tha~ modera~e risk by completing the
5 recommendations and v_iaiving his last hearing, coming to
6 tern~s '..:i'.:h his responsibility, ir.tent, and substance
7 abuse. Jnlike Shaputis I or II, he's been willing to
8 answer q~estions by the psychologist and the Panel.
9 He's shown remorse and adequate insight for his age and
10 abilities. He's enhanced his ability to function, he
11 has earned a GED, he's certified in graphic arts and
12 auto body. He's taken classes in Money Management and
13 Consumer Credit and t'1ath. He currently works as a
14 disability assistant which is a position of trust. He's
15 held institutional jobs \o.'ith above average work reviev1s,
16 and gained marketable skills. He's taken self-help
17 therapy including AA/NA, .n.nger Management, Sexual hbuse,
18 Li::e Skills, Sex, Drugs and Alcohol, Stress Management,
19 and rnany others. There were over 50 groups, classes,
20 and correspondence courses taken. He's got solid,
21 realistic paroie plans He has an INS held, he can
22 reside at his parents' property or his aunt's if
return~d to Nicaragua. He has backup housing in
14 Cali:tc,rn.La w:th his siblings, he's got marketable skills
2:'i I and job opportunities. He developed a relapse plan and

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wil: con~inue 12-Steps. He also sought out the
2 infurmation for ."A.A and NA in Nicaragua, and be has
3 support :rom the church in the community. He's now
4 served 19 years on his life sentence. He's been
5 eligible for parole since 2011. He's now 55 years old,
6 which reduces his risk of recidiv·ism. The DA offered
7 his opinion, but con"'.:.inued reliance on t.he commitment
8 offense is contrary to case laid. And nothing shows that
9 he's dangerous in 2016. He was never convicted of rape
10 in Texas as stated. He did state today that he
11 committed murder. He said it was not self-defense or
12 the victim's fault. He was fearful and got a gun in
13 case Mr. Chavez returned. He now knows that that fear
14 was unreasonable, and he had other options. He
15 ackno1t1ledged he never saw a .veapon.

1
He followed all the
16 recommendations given by the last Parole Panel, and
17 nothing shows that he has a current problem with his
18 anger, his violence, his mental state, or his substance
19 abuse. At his age, his insight is not likely to
20 increase much with a denial. Perfection is not
21 requir12d 1 anci his insight is adequate for his age ond
22 English abilities. The Supreme Court stated that your
23 Decision must not be arbitrary or capricious. To deny
24 parole today based on the crime or a perceived lack of
25 perfected insight would be arbi i:.rary. In J.ight of t.-he
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facl :9 years has passed, the lack of insight doesn't
2 necessar~ly make him dangerous in light of his
3 testimony, his rehabilitative efforts, and his behavior.
4 We ask you to follow the :aw and grant parole. Thank
5 you.
6 PRESIDING COMMISSIONER RICHARDSON: Sir, you can
7 rely on your attorr:ey, or you may address the Par1el as
8 to h'hy y:iu believe you are suitable for parole.
9 INMATE XXXXXXXX: Why I'm suitable for parole?
10 Okay.
11 ATTORNEY LUM: Just read it.
12 INMATE XXXXXXXX: Can I read my closing?
13 PRESIDING COMMISSIONER RICHARDSON: Yes, sir.
!4 You can read your closing.
15 INMATE XXXXXXXX: Okay, thank you. Okay. To
16 s;:.art oct, I want to let you know that I feel terrible,
17 sad, and ashamed to say that on ~ay 29, 1994, I shot
18 Mr. Umt,erto Hernandez in cold blood. The reality of
!9 this t-Jas cruel and a coward action on my part. I never
20 Lhought of a~ l the hurt and terror tr.at I caused to
21 Mr. Her:;1and12:: farr.ily, and -::.he consequr?nces of my
22 terrible actions. That nigt1t, I was informed that
23 Mr. Herciandez \-Jas armed and j_t took me over. At that
24 recment, 1 was under the dr~gs and alcohol influence and
25 I :-1ad a r:;lar:. to spend the night viith Ka.thy drinkir.g and
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having f'..:n, and that I V.'ant him ->:.o go. Now I realize
2 the irreversib:e damage I caused to Mr. Hernandez and to
3 his family. What I did to this poor man and his family
4 is very .c,ad. I robbed him many days of happiness that
5 they really deserved to enjoy together. This is special
6 occ~sions where like birthdays, (ina'Jdible}, holidays,
7 etcei.:era. By murdering Mr. Hernandez, I killed all the
S drearns and expectation that a family had among their
9 loved ones, Also, all the :ittle happy moments that
10 with family harmonies and the daily living by sharing
II the1n alO!'.e. I also took his opportunity to enjoy his
12 own family, kids, wife. The pleasure to see them grow
13 and give therr, best of him that he had to offer. I hurt
14 very deep to know -- It hurt very deep to know that my
15 wro~g decision provoked this irreversible damage because
16 I murdered Mr. Hernandez who v..1as a loved one, that is
17 stil:;_ J.oved and missed by his family and friends. At
18 the san1e time, I also involved my family in this tragedy
19 because I gave them hurt and v1orries, and the stigma
20 that they did not deserve. Nevertheless, they are still
21 supµorting rnto in a let of \•.'ays, something t11at I a:ways
22 will be grateful and appreciate it for the rest of my
life. Again, I'm sincerely embarrassed for all the pain
24 anci void that I caused to all these people. But in this
25 time, I was engaged in the •~orld of drugs, alcohol. ."A.n::l
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to count on it, I was involved and enjoying the company
2 of bad associates I could say to pass the night with
3 without any compromise. I was the kind of man that gets
4 irritated very easy, somewhat impulsive, and my act.:.ons
5 including rny emotions were out of control, you can say.
6 I also used to hang around in the wrong places with the
7 wrong people that were nothing coGstructive. I've
8 become i~fluenced by these people and places. I
9 accepted negative and destructive ways of behaviors
10 because I made them my own count without battering the
11 authority, that is to say the police Back then, I had
12 very negative thoughts. So when the problems appear, I
13 used to tandle the situation to the extreme and in the
14 v.•rong ways. But I don't blame anybody for any of my bad
15 act.ions, because I y..ras the only responsible person for
16 my Oh'n decision and choices I made. After a long time
17 in prison, I found myself meditating about everything
18 that was happE:ning in my life. But in my surprise, I
19 saw in my memories these terrible events from the past.
20 I couldn't accept it. I was very ashamed and devastated
2! but at t:1e sarr~e Lirne, I V.'as regretting the murder I
22 committed. This was a combination of painful feelings

. ; ;
23 that promi~ed to myself that wi~_ ... never use dregs,
24 alc;::,hol, not e\ren get _:_nvol·ved with i.~he bad associates
25 again. But before all these thoughts came to my mind,
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for some reason I kept myself sober, and I will keep
2 this sobriety for the rest of rr:y life. NO'd that I'm
3 dedicated to NA/AA and all the self groups, I do the
4 be5t I can to help other i~mates when they are allowing
5 me to help them. With therr, I share my stories, goals
6 and all the new changes that I already made in my
7 Also, all the hopes, plans, dreams that I ha\re in rnind
8 for the r:ear f\J_ture. With all these new changes i~ my
9 life, I've become a spiritual man, passive and friendly.
10 I'm very gentle 1;.1ith everyone around me. I work and do
ll the best possible so that one murder like the one I
12 committed against t-1r. Umberto Hernandez Chavez will
13 never repeat itself. Now I have gained coping skills to
14 handle compromising situations in the proper way ir, case
15 I '.t1ill have to face one, and not 1-.iith violence as I one
16 time did. I will also remain in my sobriety because
17 alcohol and drugs are not made for me. But the most
!8 important of all is that I ha1le changed my mindset
19 tur:iing myself into a better person. l\Jo1t1 I am a
20 rehabilitateci person. I live a positive life based on
21 my faith and spiritual .

princip~es,
. ' thinking that this
22 way I could live a living amends to Mr. Hernandez's
23 family, :=.o my community, society and to my lo...,,•ed ones as
24 well. 7 wish and pray to the Lord to bless
25 Mr. Hernandez's family so they can find peace in tr1eir
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heart, and heal them from all the pain and void that by
2 my actions and wrong decisions I caused ttem. I beg God
3 to bless i:hern so they can overcome in life, and my most
4 sir,cere apologies for rn1' bad choices, decisions, and
5 actions that brought you all to this terrible damage.
6 Thari}: you for hearing rr.e.
8 Thank yo'.J very much. We \\'ill recess. The time is
9 approximately 10:35.
10 R E C E S S
11 --oOo--
12
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17
18
19
20
21
22
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2 D E C I S I 0 N
3 DEPUTY COMMISSIONER STANTON: We're back on
4 rec0rd.
6 Thank ycu \rery much. The date is July 28th, 2016. The
7 tjrr1e is approxi1nately 11:05. We will reconvene for
8 pronouncemen:, of the Panel's Decision. All the same
9 parties present before are present again. Mr. XXXXXXXX
10 v;as received by CDCR on August 10th, 2000 from Los
11 Angeles Counr..y under their Case Number LA-017724 for the
11 controlling offense of Penal Code Section 187, lvlurder
!3 Second. There was an enhancement for Use of a Firearm.
14 He received a sentence of 19 years to life. His minimum
15 eligible parole date has been calculated as November
16 12th, 2011. The victim in this case is XXXXXXX
17 XXXXX>:xxx xxxxxx. Sir, according to the California
18 Supreme Court, in rnaking a Parole Suitability Decision,
19 we have to use all relevant and reliable information.
20 We did not use anything out of your confidential file
21 here tcday based upon passage of tjme and/or relevancy.
We didn'L receive any information, 3042 Notices
objecti~g or opposing parole in writing. However, we
24 did have a representative from the District Attorney's
xxxxx xxxxxxxx P-XXXXX DECISION PAGE 1 7/28/16
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Off~ce who is opposed to a finding of suitability. In
2 T-his particular instance, we ended up having a Spli::
3 Decision on this. We call it a difference or a DOP of
4 opinion. Difference of Opinion, is that what that
5 stands for?
6 DEPUTY COMMISSIONER STANTON: That's v1hat they
7 say. I don't know why but yeah, Difference of Opinion,
8 DOP.
9 PRESIDING COMMISSIONER RICHARDSON: Okay. And so
lO essentially l·Jhat that means is that one of the Panel
11 members thought that you were suitable for parole, and
12 that you no longer represent a current risk of danger.
13 And anot'.-ier Panel member thought that you did represent
14 a current risk of danger. And so what I'm going tc do
15 is I'm going to go ahead and let Commissioner Stanton
16 outline why he believes that you' re suitable and nc
17 longer a current risk of danger. And then I will put my
18 opinion on lhe record regarding why I believe you are a
19 current risk of danger.
20 DEPUTY COMMISSIONER STANTON: Oh, okay. Looking
21 at the criteria that are listed in Title 15, ~l81 that
22 shows, that outlines the circumstances that tend to show
23 sorr,eone is sGitable ar;.d unsuitab:e for parole. .t::\.nd I
24 looked at the uns~itability factors. And there were a
25 xxxxx xxxxxxxx P-XXXXX DECISION PAGE 2 7/28/16
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CO'JFle think that are app:i icable, but most of them I
2 did~'t think applied. The comrritment offense is the
3 first one. And in the statute, it says the prisoner
4 committed the offense in an especially heinous,
5 atrocious or cruel manner, and i t gives you some factors
6 to consider, whether there Y..'ere multiple victims were
7 i~jured or killed in the same or separate incidents.
8 And that really wasn't Lhe case. I mean arguably, one
9 other victim itJas somewhat threatened, you know, get out
JO of here if you don't want it to happen to you type of
11 thing. But there was a single victim here. I didn't
12 think It wasn't calculated such as an execution-style
13 murder, o.::- the victim 1-1asn' t abused or mutilated after
14 the offense. I didn't think iL was carried out in a
15 manner Lhat demonstrates an exceptionally callous
16 disregarj for human suffering. Now the motive was
17 arguably, you kno\·l, IA'hether your fear of the victirr. was
18 :reasonable or not. And I think you admitted that it
19 probably \vasn' t, which makes the motive at least trivial
20 in roy mind LO the offense. So Lhat would be the o~ly
21 one under, re.'..ateci to the offense that >V0'.12.d be
22 applical:Jle. You didn't have a previous record of
v~u~ence rrior to committing the commitment offense.
24 Yo~r social l1istcry, I mean yeah, obviously there were
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aspects of i t . You were having problems with your wife
::?. or 1,·hat:e\·er, or yoc.r girlfriend. But I wouldn't deem i t
3 history of unstable tumultuous relationships as I
4 believe is contemplated by the statut:e. So I didn't
5 think yo~ had an unstable social history. Sadistic
6 sexual o:fense, you had the one a-£ter\vards but it wasn't
7 done in a manner that was calculated to inflict unusual
8 pain or fear upon the victim, which is ir1hat the sta:.ute
9 talks about. And you don't meet the other factors of
10 psychological factors. You didn't have a lengthy
11 history of severe mental problems related to the
12 offense. And your institutional behavior, you haven't
13 engaged .:n any misconduct. So really, v1e have very few
14 if any of the circumstances tending to show someone who
15 is unsuitable for parole. Then you look at the
16 suitability factors, and your lav1yer went through them
17 to some degree. You have no juvenile record, and you
18 don't. You didn't have any prior record that we have or
19 aware of in Nicaragua or the United States. The actual
20 sexual assault took place after the life crime. So
21 there's no prior record either juvenile or adult. So
22 that's a significant factor. Stable social history,
23 well, l.ii:e I said, that one may be argued both v:ays. I
24 didn't really see it as being particularly unstable so I
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would have to give you that one. Signs of remorse is
7 :.he next criteria, criterion. And what's significant is
3 not so much v1hat you testified to and you kno1v, you
4 wrcte J etters and things 12.ke that. And you know,
5 there's no 1,•ay of knov.ring, you know, hov1 sincere those
6 are, yo~ kno-,,..•, i,.1hen you wrote them. At least you said
7 yeah, tbis is when I started them and, but you have
8 performed acts which I believe tend to show that you are
9 ren.orseful. You tried to help other people, you've
10 stayed out of trouble. You've done what was asked of
II you in prison. You've taken a lot of programs. .~nd
12 these are actions to me that at lease. demonstrate, that
13 demonstrate to some degree that hey, you know what, I
14 did something wrong and I need to change my life, 1~hich
15 to me 1;.•as an indicator of remorse. The motive for the
16 crime, don't know. It wasn't I don't think i~ was
17 a resu~t of significant stress, but I do believe you
I8 1;.•ere hyped up at the time. You had the gun, you
19 shouldn't have had it/ maybe there 1·1a s some fear or
20 there's som12 evidence in the file, you know. It's a
2I littl~ ~onilicting. But there's some evidence tha: the
22 victim was at least aggressive. So whether your fear
23 was Ieasonable, li.ke I said, I'm not suggesting that.
24 Bet I ci~dn't find ~hat your account of what happened to
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IOI
be implausible based on all the reports we had. The
2 o-cher, you don't have -- It's not applicable. The next
3 factor is about a woman syndrome. And that lack of
4 crirninal history or \riolent crime, you did meet tha-:.
5 criteria. Your present age, I believe you' re v1hat, 55
6 er 56 at this point?
7 ATTORNEY LUM: Fifty-five.
8 DEPUTY COMMISSIONER STANTON: Fifty-five, okay.
9 And obviously, that's going to reduce t.he, you know, you
10 just tur;ied -- lii'ell, to a lot of places, you just turned
1! into a senior. So that would reduce, significantly
12 reduce the likelihood of future criminal activity. Your
13 unders::a:iding and plans for the future. It says
14 prisoner has made realistic plans for release or has
15 developed marketable skills that can be put to use. And
16 you've done both. You've made realistic parole plans
17 and verified them in both United States and in
!8 Nicaragua. So, and you've developed marketable skills
19 in rnultiple areas. So that has to be given to you. And
20 your insti~utional behavior indicates an enhanced
21 ability to function within the law upon release. And
22 clearly, that's the case. You have taken numerous self-
23 help programs. From your testimony today, I believe you
2~ inculcated or got in your head, or what's the other one,
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is internalized the lessons from the programs. You were
2 able to adequately discuss different aspects from the
3 programs that you took. And i t ' s been consistent since
4 you, since 2007 which is a pretty a good amount of -i:ime
We're talking nine years of taking self-help
6 proorams and consistently doing that. You upgraded your
7 education. You learned to speak English, you got a GED.
8 We did tt1is whole hearing without ~he translator.
9 Really, I mean i t was good. We had her here just in
10 case, but you were able to do that, that it.'aS impressive.
ll And you kno1v, there's, maybe you could have ansi,,1ered
12 some questions better. The doctor had some issues a
13 l i t t l e b:._t on insight in 2015, but I can't expect
14 perfection. I mean, and you're not required to admit or
15 agree V>'i:.h the official version of the crime, either the
16 crime, commitment offense or your other crimes. And I
17 didn't find V..'hat you said today to be totally
18 implausiole. I don't kr.ow lf you're accepting a hundred
19 percent responsibility, or maybe you' re minimj_zing a
20 little bit. But very few hearings do I ever go to where
21 everything is per:'.:ect, and so I can't really in gocd
22 faith hold that against you either. The doctor
indicates that you've displayed, and this is a 201~
24 Evalua~ion, that you've displayed several .Predictive
1\·'orthern ('a/{(ornia c:our/ l?epor/ers

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factors including those significant antisocial behavior
2 other than i:.he violence that \..•ere talked about, stable
3 employrnent history, no recent symptoms of mental
4 disorder, no beha·vioral or instability, no current
S violent ideation or intent. You have personal support
6 systern, viable parole plans in terms of residence and
7 emp:oyntent. And noLably, you've taken advantages of the
8 opportunities lo better yourself including educational,
9 vocational and se:.f-help programming, and you remain
10 free of any discipli.nary reports. Now the primary
11 concerns in the evaluation were your failure to accept
12 full responsibility and express sincere remorse for your
13 actions, the lack of insight into the underlying causes
14 of your beha·vior, and problems with treatment
15 ir1terver.~ions, lack of plans targeting critical factors,
16 sex·.J.al m.:'._sconduct, and vulnerability to destabilizing
17 fac:_ors. Well, I think you addressed those since this
18 eval oat ion was done. You've taken courses directly
19 related to tr.ose subjects. You were able to give --
20 Like I said, there were things that could have bee~
21 bei:.t.er, okay: I'm the first one to admit that. B~t
22 these hearings are whether there's evidence that you
23 h•ould represE-nt an unreasonable danger if released to
24 the community. And based on the programming efforts
25 xxxxx xxxxxxxx P-xxxxx DECISION PAGE 8 7/28/16
l'·iorthern c:a/i(ornia C'ourt Re;Jorlers

104
you've done, your viable parole plans, dual parole
2 plar:s, your outstanding inst.itutional adjustment, I
3 don't, didn't think that the things that 1-.1e' re talking
4 about today, you know, v..1 hether you were fearful or not
S or \-.•hether your fear is reasonable, or these things
6 reaily amounted to enough that I thought you should be
7 denied a parole date. I just thought you've done a good
8 enougl1 job and at this pain'.:, I didn't think you
9 represented an unreasonable danger. So I voted to find
10 you suitable for [Jarole for those reasons. And with
11 that, I wish you the best of luck. P..nd I'll turn it
12 over to i::he Comn1issioner. She disagreed with me on
13 that, and I' 11 let her explain "''hy.
15 very good. First of all, I think you're moving in the
16 right direction. I think i:hat you have made progress
17 certainly since 2010. However, I believe that i:he
18 unsuitability factors far outweigh the suitability
!9 factors. I disagree with my partner, I don't think you
20 had a stable social history. I think when you're
21 unfaithful Lo your wife, I think i;.•her1 yuu're operating a
22 vehicle under the influence of alcohol, I think V..'hen
23 you' re using crack cocaine, in my opinion every chance
24 that you got, I dan' t find that to be a social stable
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105
history. I don't believe that there was significant
2 stress. And probably, you know, wit.h regards to the
3 colT'.mitmen.t offense, I think anytime somebody does an
4 execution-style murder, that that's significant. But.
5 cer~ainly, I recognize that there has been time that has
6 passed. Certainly, I recognize t.hat you have remained
7 disciplinary-free. But my issue with regards to the
8 life crime is your understanding on how you got there,
9 your insight, and taking full responsibility, and
10 sincere remorse. I agree wholeheartedly with the 2015
11 Comprehensive Risk Assessment. I think you're moving
12 closer, but I thi.nk that you are still vi.ctimizing the
13 vic:.im, justifying your actions, and I think that you
14 don't understand how you got there. In your writings,
15 you talked about your actual causative factors, a double
16 life. Okay. I didn't know Mr. Hern·andez, hanging out
17 with the wrong crowd, bad choices and stubbornness.
18 Yeah, maybe lhis stubbornness a little bit. But
19 frankly, sir, you kno1t.•, have some problems with your

""
20 credibili t:y. Even you knov.·, to make Kathryr1 a
21 pro st i t ui::.e, f:1ccorcii rig t (J c.: J l of tr,e police reports,
22 according to the Appellate. Well, it wasn't actually
23 identified i~ the Appella~e Decision how she fit i~to
24 this. But for the guys that lived in the apartment,
1\'orrhern (,'alifi;rnia Court Rr:J)(Jrfer.1·

106
that was your girlfriend. Nobody knew her as a
2 prosti tu-ce. This was their apartment that they were at.
3 You paint this story like i t was her place. You "''ere
4 angry, you i,.1 ere angry at this victim. This victim said
5 some things about your girlfriend you didn't like. But
6 you don't want her to be a girlfriend because you're
7 marrjed with children. You want to refer to her as your
8 prostitute. You broke into a 23-year-old girl's home
9 and sexually assaulted her, and you \.;ant to make her out
10 to be a prostitute. That's minimizing your criminal
!l behavior. Now how does that link to current risk of
12 dangerousness? If you don't take responsibility and
13 understand who yo'J. were when you committed these
14 horrendous crimes, we don't know that you can 1 t get
15 there again. Now my personal belief is one of the best
16 ways to get there and a full understanding of i t is to
17 focus in on sorr1e of the 12-Steps _ You've written out
18 the 12-Steps, you've got a lot of writings. None of it
19 is personalized. None of it is personalized. E1Ien your
20 apology letter. You've never walked in Mr. Chavez's
21 shoes, '/OU've ne1.rer t:hought about that poor girl in
22 Texas. You've never identified what i t would have been
13 like for l<at2'"1y "CO see this guy's head b10>-1n up by a nine
24 mi:limeter, 0r the two guys that were in the apartment.
L--~~
/\ior1Ju:1·11 California Court Re;;orfer.1·
107
Everytti~g is kind of this I am so sorry and I have
2 this apology. Zero, zero demeanor that links and makes
3 me feel like you understand what you did, and you' re
4 responsible for t-Jhat you did, and you understand the
5 fu~l impact, the rippling e~fect of what you had. All
6 of that was completely void in relationship to your
7 presentation, and the multiple pages, maybe 30, <lO, SO
8 pages that you submitted to us. What I think you need
9 ~o do, sir, is you need to peel back the onion because
10 you're externalizing everything. That's why your
11 causati·ve factors, a double life, l'l'ho I hung out v1ith.
12 Really? You shot Mr. Chave2, you sexually assaulted
13 this woman in Texas because of who you hung out with?
14 I'm going to give you a three-page writing of character
15 defect checklist because I think you need to get into
16 the personality traits that were apparent. Because if
17 you don'~ understand who you >Vere and you don't
18 understand these personality traits, my fear of why you
19 a~e a current risk of danger is that it will happen
20 again. And you'll use the same type of recording that
21 you've been using. It was somebody e~se, I was in fear,
22 I had a deal, she was supposed to let me have sex with
her, or as you call i-t, fun, because J.'OU don't ever. 1;1ant
24 to use that word. And so I think that you're still
25 XXXXX XXXXXXXX P-XXXXX DECISION PAGE 12 7 /28/16

l________ _
.\"orthern lali/Urnia C'o//rf Rc1Jor/ers
I 08
:acking in i~sight. At the time that you had the
Comprehensive Risk Assessment, of course you blamed the
3 victim. I think that you're s t i l l blaming the victim
4 based upon your presenta"Cion here today which is a
5 problem. In 2015, you denied that you ever even
6 sex:.ial.ly assaulted chis worr.an. Today you've come
7 halfv1ay. She's s t i l l a prostitute, you s t i l l didn't
8 break in, but you admitted you sexually assaulted her.
9 \\lhy? Because you didn't want to leave. Sir, that is
10 not sufficient. Now with regards to the self-help,
Il don' -c i.·1ant to take av1ay from i t . It's good, you've done
12 it. You did 46 classes in 2009. As a matter of fact,
13 it was present..ed here today that the classes that you
14 took were actually to address the sexual assault. 201 0'
15 you denied yc'u ever even did it. You denied that you
16 actually did t.he life crime r..vhen you had your hearing in
17 2010. ~hat did you get out of the 2009 46 classes?
18 It's very clear and apparent that you didn't get
19 anything out of it. There have not been any classes
20 since then. I think whatever you can do will benefit
21 you tremendously if you can start trying to take
22 something thaL deals with insight and an understanding
23 of who you were when you did this, focusing in on
24 caGsative factors. I apologize, I have put in here a
.'\'orthern ('a!(((Jrniu Court Re1Jortc1·s

109
recommendation if this does end up being a denial, that
2 you have the opportunity to participate in a
3 comprehensive course of self-help. We had the Long-
4 Ternier, the Long-Term Offenders pilot program.
5 Unfortunately, I did not realize that somebody in SlJY
6 cannot go into that. I thought that there was something
7 at C:MC that would alloi.-.• them. Because I think if you
8 can get arouGd some people and start getting some
9 feedback on some of this, it's going to click for you.
10 You still ha,,,re these self-defense mechanisms. Even your
11 drug and alcohol use and addiction, I had to ask and
12 re-ask and re-ask. The clinician, you indicated that
13 you were an occasional -- Am I boring you, sir?
15 PRESIDING COMMISSIONER RICHARDSON: Oh, because
16 you seem like you're bored right now.
18 PRESIDING COMMISSIONER RICHARDSON: I see, okay.
19 You' re an occasional user, I never bought constantly.
20 According to the police report, you were a seller. But
21 you were way into this drug, and you were way ir.to your
22 alcohol, and you i..,iere v1ay into the addiction. And I had
_,
r to really try to pull that out of you. You have got to
24 recognize iL.. \•Jell, maybe three years, maybe five
,\.'orlhcrn C'uli/(1r11iu Court Re1Jorters

110
yea:cs. Oh, no, I wasn't really addicted until 1994, the
1 year, just months before the life crime. You need :.o go
3 back and self-exp~ore that. When did you fall off that
4 cliff? Why were you so selfish that you had to have
S your fam:ly and a girlfriend on the side? These why
6 questions are extremely important for you to discover.
7 Because cnce again, it falls back. If you don't knoi,..1
8 \'.1 ho you ,,.,,ere at the time that you committed these
9 crin,es, at the time that you, this drug and alcohol
10 problem got so out Of control tr.at it controlled you,
11 then we don't know that you can't get there again. And
12 that's what my primary concern is. I just want to make
13 sure that I've actually -- I talked about signs of
14 remorse and lack of demeanor. Internal triggers, you've
15 got to work on that. I don't think you left your party
16 with your family on a Memorial weekend picnic because
17 you i.-.1 ere lone] y. To me, that's pret~y much implausible.
18 You bad some desires, you had some i.-;ants, you had some
19 character defects. And sir, you've got to understand
20 what they were and why you did what you did, because I
21 am extremely fearful that you would do il ~gain. As
22 mentio~ed, the Comprehensive Risk Assessment prepared by
23 Cr. Hazeltvood, i.-.1 hich was approved on July 24th, 2016,
24 fo~nd tt.at Mr. XXXXXXXX represents a moderate risk to
]\'orthern ('al(!Vrnia ('our/ Rej)(Jrters

111
reoffend in the community. And at the bottom of page 12
2 of 17, the clinician remarks, "During the current
3 evaluation, he admitted that he committed the murder.
4 Yet, he continues to minimize his responsibility and
5 placed blame on the victim. Similarly, he denied a~y
6 wror.gdoing as far as the sex offense, and provided an
7 account of events that was inconsistent with the
S official record." Although you have changed with
9 regards to that, you still are inconsistent V<'ith the
10 official record substantially. ''Although Mr. XXXXXXXX
JI verbalized some remorse, this does not seem sincere or
12 genuine as he is more concerned about the impact of his
13 beb.avior, that with the impact his behavj.or has had on
14 himself :.han possessing empathy or any suffering that
15 was experienced by t.he victims." And I believe that
16 that was very, very apparent in relationship to your
17 presenta'=.ion here today. And for those reasons, I think
18 that you are a current risk of danger, and you are not
19 suitable for parole, unreasonable risk of danger. Sir,
20 it's goi::-ig to be going to the entire Board for a vote ir.
21 relationship to the findings, and you \·1ill be noticed ir.
22 writing of the final outcome. If it is found that you
r
--' are suitable, i t will go through our regular review, and
24 then the Gov~rnor has 30 days to review the Decisicn.
l1/orthern ('a!ifin·nia C'ourr Re;iorters

112
So if tl1ere's any changes after that, then once again
2 you' 11 be net iced in h'riting. As far as the length of
3 denial, certainly you don't need 15 years. !vJy colleague
4 has pointed out that you've come a long way. You've
5 maintai!!ed -- I mean, you've never had any 115s.
6 Personally, it's a little scary when I have somebody
7 w~th ycur background because you never did anything
8 v..1 rong u;itil you were in your 20s. So you know how to
9 behave. But certainly, we want to give you credit and
10 we have to look at ten years and seven years. And I
II don't 1..iant to take away frorn the self-help that you've
12 done. I think that you do want to change, but I just
13 think t~at you've got to dig a little deeper and do some
14 more v,1ork. You have good parole plans, I give you
15 credit for that as well. Your next scheduled Parole
16 Suitability Hearing, if it is found that you are not
17 suitable, 11>1ould be in three years. And if you can
J8 ider,tify some of -::.hese thir.gs, if you can go through
19 th~_s transcrip<::, if you can go through tl1e Comprehensive
20 Risk Assessrr:ent, continue v:ith the self-help classes.
21 Ana actua~ly get some meaningful participation in
22 relalionship lo those cl~sses, and putting together some
?"
--' of these thir.gs and issues that I had, certainly I
24 believe that you should be considered for an
!\,"orthern (,'(l/{fhrnia Court Re1Jor1ers

113
Administrative Review after 18 months. If you -- If it
2 does turn out that you are denied and you aren't noticed
3 of an Administrative Re,.,riew, in addition, you have the
4 ope.ion to petition to advance before the end of the
S three-year period. I always tell inmates if you are
6 going to do that, please moke sure i:.hat you update all
7 your parole plans. I've had inmates do a tremendous
8 amount of i.-1ork, petition gets granted, and then they end
9 up having to delay because they haven't gotten all the
10 parole plans together. With that, I ' l l conclude the
11 hearing. It's 11:30, and I wish you the best of luck,
12 sir.
IJ A D J 0 U R N M E N T
14
IS
16
17
18
19
20
21
22
23
24
_\'ortliern ('ul{/Ur11iu (--:our! Re;Jortcrs

114
11 RE CENT BOARD HEARING AND IS PROVIDED TO YOU IN
13 (A) {4), AND CALIFORNIA CODE OF REGULATIONS,
14 TITLE 15, SECTION 2254. THIS PROPOSED DECISION WILL
I~ BECOME FINAL WITHIN 120 DAYS OF THE DATE OF THE HEARING
16 AS REQUIRED BY PENAL CODE SECTION 3041, SUBDIVISION (B)
17 UNLESS THE BOARD NOTIFIES YOU IN WRITING BEFORE THEN
18 THAT THE PROPOSED DECISION HAS BEEN MODIFIED, VACATED OR
19 REFERRED TO THE FULL BOARD, SITTING EN BANC 1 DUE TO AN
20 ERROR OF LAW, ERROR OF FACT OR NEW INFORMATION PURSUANT
21 TO CALIFORNIA CODE OF REGULATIONS, TITLE 15, SECTION
22 2042. THEREAFTER, THE GOVERNOR HAS AUTHORITY TO REVIEW
23 THE BOARD'S DECISION AND AFFIRM, MODIFY, OR REVERSE IT
xxxxxxxx P-XXXXX DECISION PAGE 19 7/28/16

115
CERTIFICATE AND
I, CYNTHIA MORRIS, as the Official Transcriber,
hereby certify that the a~tached proceedings:
In the matter of the Life CDC Number: P-XXXXX

Term Parole Considerat~on
Hearing of:
xxxxx xxxxxxxx
CALIFORNIA SUBSTANCE ABUSE TREATMENT FACILITY
AND ST.~TE PRISON, CORCORAN
CORCORAN, CALIFORNIA
JULY 28, 2016
8: 4 5 A. !'1.
transcription.
Cynthja lV!orris
August 8, 2016
Northern Cal~fornia Court Reporters
Coµyright 2016/All Rights Reserved by BPH
,\'orthern C'aliji;rnia ('our! l?e1101·ters

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CDCR-BPH

AA/NA - Alcoholics Anonymous/Narcotics Anonymous

ABE - Adult Basic Education

AD SEG - Administrative Segregation

ADA - Americans With Disabilities Act

AVP -Alternatives to Violence Project

AWOL - Absent Without Leave

C&PR - Classification and Parole Representative

CDC or CDCR - California Department of Corrections and Rehabilitation

CGA - Criminals and Gangs Anonymous

Cl&I - Criminal Identification and Investigation (FBI report)

DAPO - Division of Adult Parole Operations

DEC System, or DECS - Disability and Effective Communication System

DSL - Determinate Sentence Law

Erne - pronounced Eh-may - Mexican Mafia

EPRD - Earliest Possible Release Date

ERMS - Electronic Record Management System

GOGI - Getting Out by Going In

HMIS - Health Management Information System

LSTS - Lifer Scheduling and Tracking System

LWOP - Life Without Possibility of Parole

MOO - Mentally Disordered Offender

MPH - Medical Parole Hearing

SACCO - Sacramento Control Office Unit, Reg. 1

SHU - Security Housing Unit

SOMS - Strategic Offender Management System

TABE score - Test of Adult Basic Education

VNOK(S)- Victims Next of Kin (this includes victims also)

January 11. 2016

Northern California Court Reporters

Job Order No: 2016-002

Nortl1ern CalHornia Court Reporters

-- --- -[--~;c#_r __ tnst Hearing

BETIY,JEAN, HANSEN W30086 CCWF 0110512016 Grant DlGlTAL

Total number of Recording(s) = 11

January 11, 2016

Job Order No· 2016-003

Northern Cal"1fomia Court Reporters·

Total number of Recording(s) = 8

January 11, 2016

Job Order No: 2016-004-MPH Confidential

Northern California Court Reporters_

Total number of Recording(s);;;; 1

January 12, 2016 Date Notified and Uploaded in WatchDox:

Job Order No: 2016-011 -MOO Confidential

Northern California Court Reporters:

[-N-~. [ Name ·1c-;;~-#~j~_ . Inst H~J Decisio·~--i---T;-; #of

Total number of Recording(s) = 5

February 09, 2016

Northern California Court Reporters

Job Order No: 2016-049

Northern California Court Reporters: Expedited

~~ _L_____-_-~-Na_rn_.-_-_-_-_-_-_-_--_JL____c_o_c_#_-+-_i_n_s'_~~H~~;;" ~[~~~~1~~ ,___ r~e ~-r~:s-

Total number of Recording(s) = 1

BOARD OF PAROLE HEARINGS

Fehruar~ 24, 2016

,Job Order No.: 2016-C-Expccli!c ('onfirlcnl,ial

Total nu1nber of Digital Hearings= 2

~~ _L_____-_-~-Na_rn_.-_-_-_-_-_-_-_--_JL____c_o_c_#_-+-_i_n_s'_H;;" ~[~~1 ,___ r~e ~-r~:s-