SACRAMENTO – Today, victim advocates and law enforcement joined California Senate and Assembly Republicans to rally against Senate Bill 94 (D-Cortese) during a press conference at the State Capitol. The proposal, revived at the eleventh hour by legislative Democrats, would make eligible for release some of the state’s worst murderers.
Specifically, SB 94 would allow violent murderers sentenced to life in prison without the possibility of parole to petition the court for a new sentence with parole, if the individual has served at least 25 years and if their offense occurred before June 5, 1990.
“When violent murderers brutally take a life, they lose their right to freedom. Their punishment is in the name—life without parole,” said Senate Minority Leader Brian W. Jones (R-San Diego). “Now, radical Democrat politicians want to bring these violent offenders back into our communities. Releasing heinous murderers after promising justice to the victims’ families is not just disrespectful, it’s dangerous.”
“The fact that Democrats are debating whether or not to keep violent murderers behind bars shows how out-of-touch they really are,” said Assembly Republican Leader James Gallagher (R-Yuba City). “SB 94 is an insult to the victims of these killers, their families and the millions of Californians who are sick of criminals running rampant on our streets.”
“The supermajority’s efforts to empty California’s prisons have become entirely too focused on the criminals and forget to consider the victims and their families,” said Senator Kelly Seyarto (R-Murrieta), vice chair of the Senate Committee on Public Safety. “It is unacceptable for legislators to show this complete disregard for those who have suffered byre-litigating crimes that have already received a fair trial. This bill sends a terrible message and retraumatizes families of victims who were reassured that the criminals who have done unspeakable things to their loved ones would never be released.”
“I am disgusted by the actions of radical Democrats in our state legislature who have chosen to resurrect one of last year’s most egregious ‘public safety’ bills, SB94,” said Assemblymember Bill Essayli (R-Corona). “This disastrous proposal would allow the most vicious murderers to be released from prison. SB 94 would break the promise made to victims that society would never see these criminals on our streets again. Under this proposal criminals like Scott Peterson who viciously murdered his wife and unborn child would be eligible for early release. Californians are sick of Democrats’ soft on crime agenda in Sacramento and we must reject SB 94.”
In an analysis released last week, Leader Jones and Senator Seyarto exposed details of the dangerous policy.
“To hear that Sen. Cortese has revived this horrible bill is a total slap in the face to the victims who were promised by a judge that their killers would never get released,” said Lauren Pettigrew of Crime Victims United, whose brother was killed in 2007 by three people who were sentenced to life without parole. “Senate Bill 94 is opening up the nightmare and anxiety of having to go back to court and face the monsters, followed by the possibility of a lifetime of parole hearings. I am disillusioned and in anguish wondering when victims’ families can mourn quietly for their loved ones without worrying about legislation that will re-open up wounds from their past.”
Below are examples of heinous murderers that would be eligible for early release under SB94:
- Richard Philips of Madera County lured two Vietnam veterans into a rural area where he shot them multiple times, stole their wallets, then doused them in gasoline and lit them on fire. For his horrific crimes, against veterans nonetheless, Richard Phillips was sentenced to life without parole, even after a 2019 retrial. Under Democrats’ SB 94, Richard Phillips is eligible for early release.
- Jason Leroy Smith of Sonoma sliced the wrists of an 88-year-old victim and then burned down the house he was in. Jason Leroy Smith is eligible for early release under Democrats’ SB 94.
- Tim Dale Morris of Ventura burglarized the home of an elderly, deaf, one-legged man whom Morris beat to death in his own bed. Morris had a previous burglary conviction. It’s people like Tim Dale Morris who Democrats want to release from prison into our communities under their SB 94.
SEN. CORTESE’S RESPONSE TO MISINFORMATION ABOUT HIS SENATE BILL 94 – JUDICIAL REVIEW OF OLD SENTENCES
SAN JOSE, CA – Senator Dave Cortese (D-San Jose) issued the following statement in response to Assembly and Senate Republican members’ reactions to his Senate Bill 94 (SB 94) during a press conference, and the misinformation they are spreading about the bill. SB 94 would allow individuals held in-custody who have been sentenced to Life Without Parole (LWOP) prior to June 5, 1990, and have served a minimum of 25 years, to have their cases reconsidered for resentencing by a Judicial Court, State Parole Board, and Governor’s Office.
“Individuals serving Life Without Parole (LWOP) with ‘special circumstances’ are currently in-custody without any Judicial Review of their original sentences. Even after 25 years in prison, their rehabilitation or unusual factual circumstances are not considered for review. SB 94 creates a tough four-tiered process in which Judicial Courts will have complete discretion to leave the original sentence unchanged or to refer a case to the Parole Board, and ultimately the Governor, for further resentencing consideration.”
“At each level, public safety is paramount, by utilizing the four-tiered process we are ensuring that only those who have rehabilitated pursuant to a Judicial Court, the Parole Board, and our Governor have the potential to be released. All three must agree. Only those having already served a minimum of 25 years may request a hearing.”
“And despite being available to discuss the bill and amendments, misinformation continues to be spread about what SB 94 would and would not do. To reiterate, this bill will not let a single person out of prison, this bill sends people to Judicial Court, to the State Parole Board, and to the Governor. No one convicted of killing a peace officer, sex offenses, nor serial killers can apply for resentencing. This review process is not new, the Governor has the power to commute and pardon any sentence, for any crime, at any time. This is a conservative, narrow bill tailored to a specific subsection of our incarcerated population who may not have received the same sentence had they been convicted in the present day. I would encourage everyone to read the bill and read our proposed amendments.”
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1 comment
The nerve!
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