View Full Version : Parole hearings, victim testimony and lies


esteli
01-22-2011, 06:02 PM
What can be done if at the parole hearing, the victim shows up and gives testimony. But the testimony has added "unfounded" accusations of other crimes that he was never charged with nor is there any evidence.

He was denied parole. I read the transcripts of the hearing and she goes on to add information that was never introduced at trial, nor was he ever charged with. He says it was complete fabrication, a total lie to hurt his chances at parole.

Is there anything that can be done?

Colorado_Lawyer
01-22-2011, 06:33 PM
Nothing. The victim is not limited at the parole hearing to only talking about evidence that was admitted at trial.

esteli
01-22-2011, 06:40 PM
Nothing. The victim is not limited at the parole hearing to only talking about evidence that was admitted at trial.

Ouch! So she can say he did things society considers despicable without any kind of proof. His parole is denied. Wow. OK... he is a lifer with a 15 to life sentence. Can she continue to do this at each parole hearing? At his next hearing he'll be at 32 years of incarceration.

Colorado_Lawyer
01-22-2011, 08:28 PM
If he is going to be paroled, then it is going to be based on him, not her. The absolute wrong thing for any lifer to say to the parole board is that the victim is lying. He will never be believed, ever, on that he said-she said. So, if he is ever paroled then it will be because the parole board believes that he has accepted responsibility, is rehabilitated and can safely integrate back into society. If he is claiming that the victim is lying, the parole board will conclude that he has not accepted responsibility. That is why I said that there is nothing he can do, because nothing he could do is going to make any difference.

sidewalker
01-23-2011, 08:27 AM
I have a related question.
Is it just the victim of the crime that can have input at a parole hearing?
Or can her family also have input?
(victim is deceased in hubs case, nothing related to his crime at all)

edit part, sentence was not a something to life. it was 6 yrs

OneOfMany
01-23-2011, 08:51 AM
Is it just the victim of the crime that can have input at a parole hearing?
Or can her family also have input?


I was wondering the same thing. If one side can speak, why not the other side.

Tom_Greene
01-23-2011, 09:45 AM
I have a related question.
Is it just the victim of the crime that can have input at a parole hearing?
Or can her family also have input?
(victim is deceased in hubs case, nothing related to his crime at all)

edit part, sentence was not a something to life. it was 6 yrs

In California, where both you and the OP are, Marsy's Law states that "Currently, victims are able to attend and testify at parole consideration hearings with either their next of kin and up to two members of their immediate family, or two representatives. The measure would remove the limit on the number of family members who could attend and testify at the hearing, and would allow victim representatives to attend and testify at the hearing without regard to whether members of the victimís family were present."
So my thinking is yes, both can have input, in California at least. It is different for every state though on what they allow.

thatwiz
01-23-2011, 10:01 AM
Anyone can speak their mind in a written letter. I have a friend whose father was murdered in 1980 and he asked everyone he knew to write letters on him, his brother and Mother's behalf to keep the person locked up. The person did not make parole. Although, I am sure that was not the determining factor. I just think in the whole-the statements from the victims side will outweigh statements from the inmates side.

Patrickj
01-23-2011, 10:07 AM
Let me add a couple more things that can also happen at a parole hearing for a lifer in California . Alone with what Mr. Greene has also stated, any citizen may write a letter to Board of Prison Terms also asking that said person not be granted parole also. This said letter is put in the inmates file and The Board does read these letters
From my experience of being involved with a Board hearing when the victim or a member of the victims family show up to testify things usually don't go well for the person seeking release

sidewalker
01-23-2011, 12:48 PM
thank you all for you input.
still feel like a newbie with alot of this stuff.
no clue as to how this will play out. if mine is denied parole...well, it will be less than a yr before he will pretty much HAVE TO BE released.
we shall see.

Patrickj
01-24-2011, 12:24 PM
thank you all for you input.
still feel like a newbie with alot of this stuff.
no clue as to how this will play out. if mine is denied parole...well, it will be less than a yr before he will pretty much HAVE TO BE released.
we shall see.


Not knowing all of the circumstances of your loved one going in front of the Board of Prison Terms ( Not any of my business OK)If he has been in front of the board before and they keep denying him release for the same issue without any new evidence to support their reasoning, or if granted release by the Board of Prison Terms then rejected by the Governor there is always the avenue of filing a writ of habeas corpus I have been following several of these type of matters in the courts. A majority of the cases that I have followed have the courts ( usually appellate or Ca. Supreme Court) Have ordered new hearings ( Board hearings) for these indivuals. There are many factors that will and do play in to these type of court decisions. Now I don't keep every winning decision , but I do have a few that are the ground work settings that the court use in making their decision.

Colorado_Lawyer
01-24-2011, 03:17 PM
this is true in California only because of the way the California parole provisions are worded. I have a good sample writ of habeas corpus for California cases, if needed.

Not knowing all of the circumstances of your loved one going in front of the Board of Prison Terms ( Not any of my business OK)If he has been in front of the board before and they keep denying him release for the same issue without any new evidence to support their reasoning, or if granted release by the Board of Prison Terms then rejected by the Governor there is always the avenue of filing a writ of habeas corpus I have been following several of these type of matters in the courts. A majority of the cases that I have followed have the courts ( usually appellate or Ca. Supreme Court) Have ordered new hearings ( Board hearings) for these indivuals. There are many factors that will and do play in to these type of court decisions. Now I don't keep every winning decision , but I do have a few that are the ground work settings that the court use in making their decision.

sidewalker
01-25-2011, 07:03 AM
Interesting. (in that anyone can say what they want to in regards to someone being released on parole)
I wonder tho, if he was sentenced to 6 yrs and he does the entire bid, he still must be on parole for 3 (or 4?) yrs. (this is as I understand it mandatory for all in CA)
So will they have to let him out on parole after he's done his term entirely? Or can they deny it (assuming he does not get any write ups or in any trouble while in)

Also, would the inmate be allowed support from family to write letters, or show up? and are we allowed to show up?
I just want to get my ducks in a row and ask family if they would be willing to write letters on my husbands behalf, should that be allowed.

Patrickj
01-25-2011, 11:12 AM
Interesting. (in that anyone can say what they want to in regards to someone being released on parole)
I wonder tho, if he was sentenced to 6 yrs and he does the entire bid, he still must be on parole for 3 (or 4?) yrs. (this is as I understand it mandatory for all in CA)
So will they have to let him out on parole after he's done his term entirely? Or can they deny it (assuming he does not get any write ups or in any trouble while in)

Also, would the inmate be allowed support from family to write letters, or show up? and are we allowed to show up?
I just want to get my ducks in a row and ask family if they would be willing to write letters on my husbands behalf, should that be allowed.


In California if you are sentenced to a determinate sentence ( 6 years) when you are sentenced the judge informs you at sentencing that there is a three years parole upon release. Usually you do a percentage of your term either 50% 80% or 85% Time lost due to disciplinary and not able to get back is done ( some time lost credits can be retained again after so much clean time depends on what category of the write up is ) Even if this said person does every day of there 6 year sentence do to credit loss from write ups they still have the three year parole tail Being very general here now , if a person is doing everyday of their sentence do to lost of good time credits said individual is very lucky that they haven't picked up additional time from D.A referral from any of their write ups
If your husband has a determinate sentence in California he will not be appearing in front of The Board or Prison Terms. Only people that must go to a board hearing to obtain release is a person who is sentence to a indeterminate sentence ( like 15 - life, 25- life )

sidewalker
01-25-2011, 07:42 PM
thank you patrick!
you all have been very helpful!
much appreciated.

kiki.cali
02-01-2011, 10:49 AM
this is true in California only because of the way the California parole provisions are worded. I have a good sample writ of habeas corpus for California cases, if needed.

A good sample writ of habeas corpus for CA would be greatly appreciated.

Colorado_Lawyer
02-01-2011, 11:03 AM
Here it is. However, after I posted that, the US Supreme Court came out with a decision that pretty much guts the argument. I think it is questionable that the federal court would even have jurisdiction anymore to hear these arguments.

A good sample writ of habeas corpus for CA would be greatly appreciated.

kiki.cali
02-01-2011, 06:44 PM
Here it is. However, after I posted that, the US Supreme Court came out with a decision that pretty much guts the argument. I think it is questionable that the federal court would even have jurisdiction anymore to hear these arguments.


Greatly appreciated... thank you.

esteli
02-03-2011, 11:55 PM
Is it best to always have a parole attorney for the parole hearing?

Colorado_Lawyer
02-04-2011, 08:40 AM
For a lifer with a very good prison record, who has a shot at parole but needs help putting together the best possible package and presentation, hiring a parole specialist is a good idea.

Is it best to always have a parole attorney for the parole hearing?