If you care about prison reform, Yee’s SB 399 (JLWOP) should be a no-brainer. Plus it’s one step of many needed to build the narrative we need to rein in the prison budget and help elect Kamala Harris. Secure Democrats are utter fools to vote no on this.
Yee’s office is saying the bill may come up again on Monday, August 29. We have time to act if we get on it first thing.
Good strategic point made on the CDP Progressive Caucus discussion list:
The strategic thing to do is to look first to Dems in safe seats who aren’t standing up — that includes Mendoza, De La Torre, Nava, and Chesbro as well as Ma. If you’re a vote or two short, you might be able to get one of the endangered freshmen.
My Assemblywoman, Nancy Skinner, says Marty Block and Ted Lieu should also be contacted. Contact info below. We can have some fun on Facebook & Twitter this weekend and make calls 1st thing Monday morning.
Block, Marty Dem 78th (916) 319-2078
[email protected]
Facebook: http://www.facebook.com/profil…
Chesbro, Wesley Dem 1st (916) 319-2001
Facebook: http://www.facebook.com/pages/…
De La Torre, Hector Dem 50th (916) 319-2050
Facebook: http://www.facebook.com/pages/…
Lieu, Ted W. Dem 53rd (916) 319-2053
[email protected]
http://www.facebook.com/profil…
Twitter: @tedlieu
Ma, Fiona Dem 12th (916) 319-2012
[email protected]
Facebook: http://www.facebook.com/profil…
Twitter: @fionama
Mendoza, Tony Dem 56th (916) 319-2056
[email protected]
Facebook: http://www.facebook.com/MrTony…
Twitter: @MrTonyMendoza
Nava, Pedro Dem 35th (916) 319-2035
Facebook: http://www.facebook.com/pedron…
Twitter: @pedronava
Here’s what the San Francisco Bay Guardian had to say about Fiona Ma’s vote last week:
http://www.sfbg.com/politics/2…
Legislators behaving badly
There’s only one country in the world that allows children to be sentenced to life without parole. Only one place on Earth where a 16-year-old can be sent to prison for life, without any chance at redemption. Only one place that doesn’t recognize that brain development, including judgment, isn’t complete until a person reaches his or her 20s.
And that’s the United States.
State Sen. Leland Yee, a child psychologist, had a very moderate bill in the Legislature this year that would have given juveniles sentenced to LWOP a chance after 15 years to be reconsidered for parole. That would put California somewhere close to the rest of the civilized world.
“SB 399 is not a get-out-of-jail-free card; it is an incredibly modest proposal that respects victims, international law, and the fact that children have a greater capacity for rehabilitation than adults,” Yee noted.
It cleared the state Senate, and should have cleared the Assembly Aug 24. But even with the Democrats firmly in control of that body, Yee failed to get enough votes for SB 399. And one of the people who refused to vote for it was San Francisco Assembly member Fiona Ma.
You expect this sort of shit from Republicans and from some conservative law-ond-order Democrats. But it’s inconceivable that a San Francisco Democrat would be against a bill like this.
What on Earth was Ma thinking? I couldn’t get her on the phone, but her communications aide, Cataline Hayes-Bautista, sent the following Ma statement:
“I did not come to my decision on SB 399 easily – it’s legislation that I have carefully reviewed and considered for months. While I acknowledge that some juveniles in the correctional system may have the capacity to be rehabilitated after decades of being incarcerated, I feel that we cannot reset a defendant’s clock 25 years later expecting a victim’s family will reset their hearts.
I know our District Attorneys do not take life sentences lightly. These crimes are limited to first and second degree murder offenses with a special circumstance which include the most troublesome crimes: murdering a peace officer, murdering to achieve a hate crime, committing a murder that’s especially heinous, murdering for financial gain, and murdering while escaping lawful custody.
All of these sentences were handed down after murder victims’ families had the chance to speak out and address the court on the impact of these murders. To re-open these closed cases to new sentencing hearings would re-open the wounds already suffered by murder victims’ families, forcing these victims to re-visit and re-live cases they were told had been closed forever. I think it would be unfair to these victims’ families to have to re-live these horrific crimes and for that reason I felt compelled to oppose this legislation.
There are already deliberative checks in place throughout the system where prosecutors, defense attorneys, jurors, and particularly our judges, have the ultimate discretion to choose a lesser juvenile sentence when sentencing a juvenile murderer. In addition, the Governor has the power to grant pardons and commute sentences. This already provides an avenue for juveniles to seek extraordinary relief if justice calls for it.
While I appreciate Senator Yee’s intent to create opportunities to rehabilitate juvenile criminals, these particular crimes rise to a standard in which we need to hold those responsible accountable for their actions.”
Sorry, but that’s just terrible. To say that the victims’ families are better off if juveniles — people who were too young to be fully responsible for what they did, and who in some cases didn’t even kill anyone (just being present when someone kills someone can be a life sentence) are locked up until they die is just kind of sick. I don’t know what else to say. Except to give an example of who is serving life without parole (from Yee’s press release):
One such case involves Anthony C., who was 16 and had never before been in trouble with the law. Anthony belonged to a “tagging crew” that paints graffiti. One day Anthony and his friend James went down to a wash (a cement-sided stream bed) to graffiti. James revealed to Anthony that he had a gun in his backpack and when another group of kids came down to the wash, James decided to rob them. James pulled out the gun, and the victim told him, “If you don’t kill me, I’ll kill you.” At that point, Anthony thought the bluff had been called, and turned to pick up his bike. James shot the other kid.
The police told Anthony’s parents that he did not need a lawyer. He was interviewed by the police and released, but later re-arrested on robbery and murder charges. Anthony was offered a 16-to-life sentence before trial if he pled, but he refused, believing he was innocent. Anthony was found guilty of first degree murder and sentenced to life in prison without parole. Charged with aiding and abetting, he was held responsible for the actions of James.
Okay, this kid doesn’t belong in prison for life, without any chance of parole. Thanks, Fiona.