Governor Gavin Newsom yesterday asked for Supreme Court approval to grant clemency to six people, including a second attempt to commute a sentence of life without the possibility of parole. The first attempt failed when a divided court over four years ago denied then-Governor Jerry Brown’s request for a clemency recommendation.
The state constitution requires a governor to get an affirmative court recommendation before granting clemency to anyone who has been “twice convicted of a felony.”
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 51 of his other requests. That’s better than former Governor 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.
One of the 10 unsuccessful Brown clemency requests was for Elaine Wong. With Justice Goodwin Liu recording a dissenting vote, the court in December 2018 declined to recommend that her life-without-parole sentence be commuted. The court later rejected a motion to explain the denial, but it did unseal part of Wong’s first clemency request record in 2021. Now, Newsom is trying again on her behalf.
[August 16 update: Supreme Court approves another LWOP clemency request it had previously blocked.]
This is not Newsom’s first attempt at a second chance for clemency. After the court denied Brown’s 2018 request for permission to commute Howard Ford’s life-without-parole sentence (with a pro tem justice possibly casting the deciding vote), Newsom asked again in October 2021. This time, the court recommended the commutation without a noted dissent. The court did not give any reason for its opposite rulings.
When the court granted Newsom’s first clemency recommendation request in August 2019, Justice Liu issued a separate statement essentially inviting resubmission of earlier failed clemency recommendation requests.
The latest recommendation requests are for:
Beverly Taylor — seeking a pardon for 1998 and 1999 drug-related felony convictions. [May 17 update: in response to a motion by the Orange County District Attorney to unseal, the court returned the record to the Governor, ordering him to resubmit it with justification for keeping any parts of it confidential. Part of the record will likely end up being open to the public. (See, e.g., here.)]
Danny Lilly — seeking a pardon for a 1969 conviction of driving under the influence and entering a noncommercial dwelling and a 1979 conviction of taking a vehicle without the owner’s consent.
Elaine Wong — seeking (for a second time; see above) to commute a 1981 sentence of life without parole plus 17 years for first degree murder, two counts of attempted murder, assault with intent to commit murder, and robbery with sentence enhancements. As with other prisoners serving life-without-parole sentences, the letter to the court states, “The Governor is contemplating a commutation of sentence that would make Ms. Wong eligible for a parole suitability hearing.”
Jeffrey Mason — seeking a pardon for 1995 and 1997 drug-related felony convictions.
Josue Flores — seeking a pardon for a 1993 conviction of second degree burglary and shooting at an inhabited vehicle.
Roy Sarver — seeking a pardon for a 1968 conviction of attempted second degree burglary and second degree burglary.
Related:
“Newsom grants clemency, but freedom isn’t certain”
Court allows clemency for one, returns files to be redacted for four others
Humans are capable of changing, especially youth offenders. Please give human beings that has serve more than 20 years a chance to express remorse and become accepted.
Thanks
My husband was a youth afender. He has been on prison for 43 years. He’s done way too many yrs but may never see the light of day because he was sentenced to LWOP IN 1981. He’s never had hope of release till recently. But for him it is very dem. He has Endured so much trauma From being tipped up in the AB. The AB ruled his world and he didn’t proud thinking that that was the way. He was supposed to be inside the walls of the california department of corrections and rehabilitation. One day he didn’t feel like being a part of that brotherhood was healthy for his life. He didn’t want it anymore So he dropped out but the effects of the deeds done and the lifestyle lived had a tremendous effect on his mental status. He has severe mental issues. And is currently under Mental health care. For this reason it’s going to be very hard for him to get any relief from accommodation because of his past life and the path that he chose to walk. Down at a very young age coming in to the department of corrections at age 21. With a with a life without the possibility of parole sentence he had no hope. I don’t know if he will evereceive a commentation so he can go before the border prison terms and obtain a parole date. His medical and mental health is deteriorating.
I just want to put this out there not sure if anyone even cares to hear about it. I love my husband and we have a family we have children and grandchildren. I continue to be hopeful.
I believe in second chances for an individual that has rehabilitated themselves and took all the necessary classes needed and truly have remorse for what ever crime they committed they deserve to get commuted out it’s time to change that law LWOP some people do change for the better
My brother was sentenced to life sentence plus 25 years at age 17. He wants to take classes for treatment but that isn’t offered to ppl in iowa who are serving a life sentence. Despite the parole board recommending commutation of his sentence, the Governor of Iowa denied the commutation because he hadn’t gotten treatment. She fails to address how he is supposed to receive treatment if he can’t get it as a lifer and they won’t transfer him to a facility that will provide treatment. He has been in prison since 1987. The Justice system is the farthest thing a way from anything resembling justice, whether it’s a victim or an offender.
When a person who has been given LWOP for killing another human being who doesn’t get a second chance to live what right does govenor Newsom have to undo what the court has decided was his punishment. If govenor Newsom of ca had a child that was killed like that would he make the same choice???? Duncan Martinez gets to live his life over again but his victim does not. Why bother having the court system as we do if some one can just overturn it Is that fair to all Americans What about the victims and their families?
Look at Brandon Jones cdc#Ah0423. He deserves a chance to come home