ON October7, 2014, at Avenal State Prison, a panel of Commissioners of the CA Board of Parole Hearings granted parole to a Filipino lifer, who has been an inmate in the California Department of Corrections since April 24 1992.
The panel was composed of Presiding Commissioner Marisela Montes and Deputy Commissioner Pat Cassidy. The Board of Parole Hearings is comprised of twelve (12) full-time Commissioners, appointed by the Governor and confirmed by the Senate.
And some seventy (70) Deputy Commissioners participate at hearings to determine suitability of inmates for parole release. The 43-year old Filipino inmate granted parole was on his fifth (5th) parole suitability hearing on October 7, 2014.
His identity is withheld to protect his privacy and maintain confidentiality. He was represented by this Author at his suitability hearing on October 7, 2014, at Avenal State Prison.
Decision of panel granting parole
This Author submitted the Inmate’s Brief In Support of His Application For Parole Suitability to the Panel of Commissioners before the hearing.
Basically, this Author argued that: the Inmate’s remorse and insight into his senseless crime of attempted murder with use of a shotgun, parole plans in the Philippines, where he will be removed to or deported, support from his extended Filipino family, Drug Relapse Prevention Plan, Gang Relapse Prevention Plan, Self-Help Achievements and Attendance of AA, NA, and CGA sessions, laudatory chronos, and satisfactory work Supervisor Reports, all point to his suitability for release on parole.
And under the California Supreme Court ruling In re Richard Shaputis (2008) 44Cal. 4th 1241, 190 F. 3d 573, that: “the paramount consideration for both the Board (of Parole Hearings) and the Governor under the governing statutes is whether the inmate currently poses a threat to public safety”, he does not.
The Panel in fact concluded that the Inmate no longer currently pose a threat to public safety. But its Decision is only proposed and not final, subject to review by the Board and a final review by the Governor.
Commitment offense and conviction by plea
The Inmate committed attempted murder on September 24, 1992, 24 years ago when he was 19 years old. He participated in a revenge driveby shooting to retaliate the injury to his gang member of the “Long Beach Local Boys” by the rival “SRB Gang”.
He used the shotgun of his father and inflicted rifle wounds to his victim’s right arm and lower back. Luckily, the victim survived with treatment at Harbor General Hospital in Harbor City, Los Angeles County.
He confessed to the crime, pled guilty to Penal Code Sections 664/187(a) violations, and was sentenced by Judge Gary E. Daigh of the Compton Court on March 4, 1992, to life in prison plus 7 years, with possibility of parole.
Psychological examinations and risk assessments
The Psychological Evaluation of the Inmate on June 5, 2014, by C. Carrera, Psy. D., found that: (1) in the clinical domain, the Inmate exhibited none of the predictive factors for violence recidivism; (2) in the risk management domain, the Inmate exhibited none of the predictive factors for violence recidivism; and (3) based on empirically supported risk factors, case formulation of risk, and the Inmate’s anticipated risk management needs, he represents a low risk for violence.
Lastly, the Assessment of J. Trujillo-Villa, a Correctional Counselor, on May 13, 2014, states that after careful review of all case factors and plans that the Inmate has developed, it is clear that he has a chance of adjusting back into society without any foreseeable problems as long as he continues to strive to better himself and receive support from family members.
The happy ending to the grant of parole is diminished only by his ICE hold that would result in his removal to the Philippines for the conviction of an aggravated felony, even though a green card holder.
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The Author, Roman P. Mosqueda, aside from a VA-Benefits Certified Attorney, has done pro-bono work for Filipino World War II veterans. He is the Chairperson of the Board of Advisors of Asian Pacific Centers for Treatment and Counseling, the largest fee-for-service, private agency for mentally-ill in the United States, based in Los Angeles County. Send comments, inquiries to [email protected], or call (213) 252-9481 for free consultation appointment. Visit his website at www.mosquedalaw.com and EzineArticle.com to read his other articles.
