Governor Gavin Newsom today asked the Supreme Court to allow him to pardon five multi-felons. A court recommendation is constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.”

The five, with their criminal records as stated in the Governor’s cover letters to the court, are:

  • Mark Borovitz. “In 1980, 1981, and 1984, Mr. Borovitz was convicted of non-sufficient funds. In 1987, he was convicted of grand theft auto.”
  • Joseph Crocker. “In 1995, Mr. Crocker was convicted of taking a vehicle without the owner’s consent. In 1996, he was convicted of possession of a controlled substance for sale.”
  • David Anguiano. “In 2007, Mr. Anguiano was convicted of possessing a dangerous weapon and transporting a controlled substance.”
  • Cecil Stroud. “In 1997 and in 1998, Mr. Stroud was convicted of second degree burglary.”
  • Anthony Brown. “In 1992, Mr. Brown was convicted of possession, transport, and sale of a controlled substance, and possession of a weapon. In 1993, he was convicted of possession and sale of a controlled substance. In 1995 and in 1997, he was convicted of possession of a controlled substance. In 1999, he was convicted of possession and transport of a controlled substance.”

The Governor’s letters also state that, for all five, his requests to the court follow favorable recommendations from the Board of Parole Hearings following en banc meetings. Four of the five had first received certificates of rehabilitation from a superior court. (See Pen. Code, sections 4801, 4852.01, 4852.16(b).)

The court has said it reviews clemency recommendation requests under a deferential standard. (See here and here.) And Newsom has a nearly perfect record — he withdrew one request before a ruling, but the court has approved all 63 of his other requests that have been ruled on. That’s better than former Governor Jerry Brown, who had the court without explanation block 10 intended clemency grants. The denial of a request implies that a clemency grant would be an abuse of power.

The Governor’s requests were filed under seal. They will remain shielded from the public unless someone moves to unseal the records. If a motion is filed, the court will likely require Newsom to justify keeping all or part of the records under wraps and will then probably make redacted records available for viewing. (See here and here.)

There are two earlier clemency recommendation requests that are still pending. (See here and here.)