The Supreme Court today recommended that Governor Gavin Newsom commute the life-without-parole sentence of Allan Krenitzky. The recommendation, made at Newsom’s request, is constitutionally required before a governor can grant clemency to anyone who has been “twice convicted of a felony.” The Governor’s July letter to the court asking for the action said Newsom is “contemplating” that the commutation “would make Mr. Krenitzky eligible for a parole suitability hearing,” not that the commutation would require Krenitzky’s release. (Related: “Newsom grants clemency, but freedom isn’t certain”.)
Krenitzky’s LWOP sentence was imposed following a 1989 conviction of first degree murder. He had previously been convicted of burglary and of robbery and assault.
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 66 of his other requests (not counting four that are still pending). That’s better than former Governor Jerry Brown, who saw 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.
Including Krenitzky, the court has approved 13 Newsom requests for commutations of LWOP sentences. He has not sought clemency for any death row inmates. Notably, two of those 13 requests were approved after the court had denied earlier requests by Governor Brown for the same people. (See here and here.)
The Governor’s Krenitzky request was lodged under seal, but the San Bernardino District Attorney’s Office moved to unseal the record. Without the motion, the record would have remained shielded from the public. With the motion, the court — as has become the routine — required Newsom to justify keeping all or part of the record under wraps and then made a redacted record available for viewing. (See here and here.)