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BOARD OF PAROLE HEARINGS Executive Board Meeting September 20 & 21, 2021 1 September 20, 2021 Meeting called to order at 09:02 a.m. Roll Call: Commissioners Taira, Barton, Cassady, Grounds, Ruff, San Juan, Sullivan, Thronton and Zarrinnam present. Commissioner TAIRA stated that the majority of currently-appointed commissioners are present. In compliance with Executive Order N-28-20, and to minimize the spread and mitigate the effects of COVID-19, the meeting was conducted by video conference and telephone. CONSENT CALENDAR Motion to vacate the panel’s August 10, 2021 decision and schedule a new hearing in order to comply with the recording requirement in Penal Code section 3041.5, subdivision (a)(4). A. MORALES, ROBERT P27996 No speakers. Commissioner CASSADY moved to approve the consent calendar. Commissioner ZARRINNAM seconded the motion. Commissioners TAIRA, BARTON, CASSADY, GROUNDS, RUFF, SAN JUAN SULLIVAN, THORNTON and ZARRINNAM voted to approve the consent calendar. The motion carried unanimously. REPORTS Report from Chief Counsel, Jessica Blonien BLONIEN stated that oral argument in re: Mohammed has been calendared for a hearing on October 10, 2021. BLONIEN stated that the Board will consider public comment on the proposed regulations regarding elderly parole and conducting hearings by video conference later during the meeting. In addition, public comment on the proposed nonviolent parole regulations, responding to the case of In re: Gadlin, will close tomorrow.

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Page 1: BOARD OF PAROLE HEARINGS Executive Board Meeting …

BOARD OF PAROLE HEARINGS Executive Board Meeting September 20 & 21, 2021

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September 20, 2021 Meeting called to order at 09:02 a.m. Roll Call: Commissioners Taira, Barton, Cassady, Grounds, Ruff, San Juan, Sullivan, Thronton and Zarrinnam present. Commissioner TAIRA stated that the majority of currently-appointed commissioners are present. In compliance with Executive Order N-28-20, and to minimize the spread and mitigate the effects of COVID-19, the meeting was conducted by video conference and telephone.

CONSENT CALENDAR

Motion to vacate the panel’s August 10, 2021 decision and schedule a new hearing in order to comply with the recording requirement in Penal Code section 3041.5, subdivision (a)(4).

A. MORALES, ROBERT P27996 No speakers.

Commissioner CASSADY moved to approve the consent calendar. Commissioner ZARRINNAM seconded the motion. Commissioners TAIRA, BARTON, CASSADY, GROUNDS, RUFF, SAN JUAN SULLIVAN, THORNTON and ZARRINNAM voted to approve the consent calendar. The motion carried unanimously. REPORTS Report from Chief Counsel, Jessica Blonien BLONIEN stated that oral argument in re: Mohammed has been calendared for a hearing on October 10, 2021. BLONIEN stated that the Board will consider public comment on the proposed regulations regarding elderly parole and conducting hearings by video conference later during the meeting. In addition, public comment on the proposed nonviolent parole regulations, responding to the case of In re: Gadlin, will close tomorrow.

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Report from Chief Deputy, Program Operations, Sandra Maciel MACIEL described the new process, by which inmate counsel and district attorneys’ offices access the SOMS packets and the California Department of Corrections and Rehabilitation’s central files. She also summarized changes to the Board’s Attorney Appointment Program. EN BANC REFERRALS Referral by Chief Counsel, pursuant to Penal Code section 3041 (b) and California Code of Regulations, title 15, section 2042 to assure complete, accurate, consistent and uniform decisions and the furtherance of public safety.

B. BASUA, GARY P00894 BASUA’s family and friends supported his release.

C. COTTLE, LAWRENCE K87775 COTTLE’S friends supported his release. The victim’s family opposed his release.

D. DEWBERRY, RONNIE

C35671 DEWBERRY’s family and his attorney, KEITH WATTLEY, supported his release. A representative of the Alameda County District Attorney’s Office recommended ordering a rehearing.

E. MARTIN, DARIUS

P87835 A representative of the Riverside County District Attorney’s Office recommended ordering a rehearing.

F. WHITE, RAYMOND E15523 No speakers.

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Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, subdivision (b), to request review of a parole decision by the full Board.

G. AGUILERA, RICHARD K73373 A representative of the Fresno County District Attorney’s Office recommended ordering a rescission hearing.

Meeting recessed at 10:01 a.m. Meeting reconvened at 10:07 a.m.

H. BERRY, ROBIN K40098 BERRY’s family supported his release. A representative of the Santa Clara County District Attorney’s Office submitted on the record of the hearing.

I. DENIS, ANTHONY H74097 No speakers.

J. HOLLY, DAVID

J14950 No speakers.

K. HULTMAN, ERIC

K42268 The victim and the victim’s family opposed HULTMAN’s release.

L. LEMUS, ARMANDO

AW3615 LEMUS’s family supported his release.

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M. LOPEZ, JOSE P28231 LOPEZ’s family and friends supported his release. A representative of the San Diego County District Attorney’s Office recommended ordering a rescission hearing.

N. MEDRANO, JOSE

J59002 MEDRANO’s family supported his release. The victim’s family opposed his release.

O. MONTGOMERY, BRIAN H16875 The victim’s family and a representative of the El Dorado County District Attorney’s Office opposed MONTGOMERY’s release.

P. MOORE, GARY

D47623 MOORE’s family supported his release.

Q. PANTOJA, JORGE

T76093 PANTOJA’s family supported his release. A representative of the Humboldt County District Attorney’s Office recommended ordering a rescission hearing.

R. SPAIN, MELVIN

P79078 A representative of the Humboldt County District Attorney’s Office recommended ordering a rescission hearing.

S. TOLBERT, BARRY

AA8003 TOLBERT’s family supported his release.

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Meeting recessed at 11:13 a.m. Meeting reconvened at 11:23 a.m.

Roll Call: Commissioners Anderson, Barton, Chappell, Dobbs, Gutierrez, Long, Minor, Ruff and Sharrieff present. Commissioner ANDERSON stated that the majority of currently-appointed commissioners are present.

T. DIAZ, FRANCISCO P34156 No speakers.

U. DIXON III, CLIFFORD

F10410 A representative of the Riverside County District Attorney’s Office recommended ordering a rescission hearing.

V. GIJADA, BERNARDINO

AE1064 No speakers.

W. GLAVIS, GEORGE

J04178 GLAVIS’s family supported his release. The victim’s family opposed his release.

X. HERMOSURA, JEROME

K11330 HERMOSURA’s attorney, KATHY RICHARDS, and his friend supported his release. A representative of the San Diego County District Attorney’s Office recommended ordering a rescission hearing.

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Y. HILL, JOE K44211 HILL’s friend supported his release. A representative of the San Diego County District Attorney’s Office recommended ordering a rescission hearing.

Z. HUNTER, BOBBY J05704 No speakers.

AA. LAO, KUE

K91134 A representative of the Fresno County District Attorney’s Office recommended ordering a rescission hearing.

BB. LOPEZ, MOISES

E72028 LOPEZ’s attorney, DE JOHN LEWIS, supported his release.

OPEN COMMENTS VANESSA NELSON-SLOANE, Life Support Alliance, requested clarification of the composition of the panels considering the cases on the agenda of this meeting. SHAFFER provided an explanation. Meeting recessed at 12:31 p.m.

September 21, 2021 Meeting called to order at 09:02 a.m. Roll Call: Commissioners Anderson, Barton, Chappell, Dobbs, Gutierrez, Long, Minor, Ruff and Sharrieff, present. Commissioner ANDERSON stated that the majority of currently-appointed commissioners are present. In compliance with Executive Order N-28-20, and to minimize the spread and mitigate the effects of COVID-19, the meeting was conducted by telephone.

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EN BANC REFERRALS Referral by the Governor, pursuant to Penal Code section 3041.1 and California Code of Regulations, title 15, section 2044, subdivision (b), to request review of a parole decision by the full Board.

CC. LOPEZ, TOMMY F42648 No speakers.

DD. LORANCE, WILLIAM P77507 No speakers.

EE. OWENS, VERNELL

C42115 OWENS’s attorney, KATHY RICHARDS, and his family supported his release.

FF. RICKERT, RYAN D75999 RICKERT’s attorney, JOSIAH HARTMAN, and his family supported his release.

GG. SAETEURN, CHAN

V71854 SAETURN’s attorney and his family supported his release. A representative of the Sacramento County District Attorney’s Office recommended ordering a rescission hearing.

HH. SCOTT, RAYMOND

E76911 SCOTT’s family and his attorney’s representative supported his release. The victim’s family and a representative of the Solano County District Attorney’s Office recommended ordering a rescission hearing.

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II. SMITH, GREGORY

P60480 SMITH’s family, friends and his attorney’s representative supported his release.

JJ. SOUZA, MICHAEL

P29196 SOUZA’s family, friends and his attorney’s representative supported his release.

The victim’s family and a representative of the Alameda County District Attorney’s Office recommended ordering a rescission hearing.

KK. WILLIAMS, REGINALD

J73312 No speakers.

LL. ZAPATA, MIGUEL

K64314 ZAPATA’s attorney, LAURA SHEPPARD, his family and friends supported his release. The victim’s family opposed his release.

Meeting recessed at 10:53 a.m. Meeting reconvened at 11:15 a.m. Roll Call: Commissioners, Long, Cassady, Grounds, San Juan, Sharrieff, Sullivan, Taira, Thornton and Zarrinnam present. Commissioner LONG stated that the majority of currently-appointed commissioners are present.

MM. ARMSTONG, MARCUS P38706 ARMSTRONG’s attorney, CHARLES CARBONE, and his family supported his release.

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A representative of the Santa Clara County District Attorney’s Office recommended ordering a rescission hearing.

NN. BANKS, MAURICE

C30151 BANKS’s attorney, PERRAYA SIRIWONG supported his release. The victim’s family and a representative of the Alameda County District Attorney’s Office recommended ordering a rescission hearing.

OO. CARROLL, ALPHONSO D66049 No speakers.

PP. COTTRELL, DALE P44493 COTTRELL’s attorney, KATHY RICHARDS, and his family supported his release. The victim’s family and a representative of the Madera County District Attorney’s Office recommended ordering a rescission hearing.

QQ. COX, WILLIAM T56615 The victim and a representative of the Sacramento County District Attorney’s Office recommended ordering a rescission hearing.

RR. ESTRADA, ALFRED

D18721 No speakers.

SS. GONZALES, DOMINGO

P27884 GONZALES’s family and friends supported his release.

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A representative of the Fresno County District Attorney’s Office recommended ordering a rescission hearing.

TT. HIGHTOWER, THOMAS

J98566 HIGHTOWER’s attorney, KATHY GILBERT, supported his release.

A representative of the Sacramento County District Attorney’s Office recommended ordering a rescission hearing.

UU. MEARIS, DANNY

T02235 A representative of the Santa Clara County District Attorney’s Office submitted on the hearing record.

VV. NAVARRO, DAVID C08983 HIGHTOWER’s family supported his release. The victim’s family and a representative of the San Bernardino County District Attorney’s Office recommended ordering a rescission hearing.

WW. RABY, KEVIN T95382

No speakers.

XX. REED, MAURICE

AE1506 REED’s family and friends supported his release.

YY. ROCHON, TERRANCE

P02485 ARMSTRONG’s attorney, CHARLES CARBONE, supported his release. A representative of I-Can read an opposition letter from the victim.

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ZZ. SINAY, ANTHONY J01032 SINAY’s attorney, SEAN MONTGOMERY, his family and friends supported his release. The victim and a representative of the San Luis Obispo County District Attorney’s Office recommended ordering a rescission hearing.

AAA. TINSLEY, DELBERT P92286 A representative of the Stanislaus County District Attorney’s Office recommended ordering a rescission hearing.

BBB. TRAN, QUANG

P09924 TRAN’s attorney, PERRAYA SIRIWONG, supported his release. A representative of the Santa Clara County District Attorney’s Office recommended ordering a rescission hearing.

CCC. TURNER, ROY K74685 TURNER’s attorney, KATY GILBERT, supported his release.

Meeting recessed at 01:50 p.m. Meeting reconvened at 02:04 p.m.

DDD. WATTS, JEROME G39733

WATTS’s attorney, LILLIANA PERRATORE, and his family supported his release.

OPEN COMMENT VANESSA NELSON-SLOANE, Life Support Alliance, requested better information about the corrections and parole process for the families of victims and inmates Meeting adjourned at 02:41 p.m. Meeting reconvened and adjourned at 07:18 p.m.

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Board of Parole HearingsScheduled and Backlog Hearings Report

Penal Code Section 3041(d)October, 2021