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Friday, July 15, 2022

Saturday 8/27/22: Seminar from LSA (Life Support Alliance) in So. CA.: First since the 2020 Pandamic

July is the month for the editor to take a break so no official BLOG. 

Instead of our normal BLOG ---->

We thought we would pass along the long awaited Seminar from LSA (Life Support Alliance)- Lifer Family Seminar Outlook for 2022. All are invited to attend, including Family of the Incarcerated, new attorneys, and everyone else interested in helping their Loved Ones (LO) that is incarcerated for a long term.  

 Sponsor of the seminar: LSA   staff@lifesupportalliance.org

David and Vanessa can be reached at : 

P. O. Box 277

Rancho Cordova, CA.  95741

916-402-3750

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  1. Hear from advocates, Attorneys, and paroled Lifers 
  2. A Day of Learning and Support
  3.  New Laws and Policies Resource for Lifers and Families
  4. Insight and Building a Parole Plan 
  5. This Seminar fee covers Materials and Lunch 

So many people were asking about a Southern California seminar from LSA. This will be their first since the 2020 Pandemic. 

 $50 at the door or you can register on the link for Early Bird Special of $45 here: 

2022-yorba-linda-lifer-seminar  Registration

WHEN: Saturday  8/27/2022 8:00 am to 3:30pm 

WHAT: Seminar from LSA in Southern California 

WHERE: Parking ON-Site 

     Richfield Comm. Church 

     5320 Richfield Rd 

     Yorba Linda, Ca 92886 

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Feedback from the LSA Sacramento seminar in June 2022:

At this moment I can just say it was divine. It was Clear to Me, God was pleased. Thank you, David, and Vanessa, I loved the seminar. It exceeded my expectations. It was perfect in every way: The speakers, the group leaders. the attendees, the attorneys in attendance. You and Vanessa, I felt the love with which you planned and executed the seminar.

 David and Vanessa, GREAT WORK again.  (Penny S.)

 

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LSA MISSION STATEMENT

 Our mission is to identify the needs and concerns of the greater lifer population and community, to assist lifers in becoming suitable for parole and articulating that suitability to the Board of Parole Hearings.  To educate the public and encourage dialogue between stakeholder groups on rehabilitation and reentry and to assist lifers and their families in understanding the parole system.  We are the voice and presence of lifers in the community.

Tuesday, June 7, 2022

WINNER of Attorney Letarte’s 2021 Parole Hearing Scholarship, was found SUITABLE on 5/19/22

As a reminder and per our previous December 2021 Parole Hearing SCHOLARSHIP BLOG; the Winner received Attorney Letarte’s PRO BONO (free) representation at their 2022 Parole Hearing. The Scholarship was made available throughout the 35 California State Prisons, as posted in the 2021 Prison Newsletters that endorsed our Scholarship. The two Newsletters were: ECC and POSSE as described below. 

 In the last several 2022 months, our law office was preparing the WINNER of the Parole Hearing Scholarship for his Board hearing. He followed all of our presentation strategies and did the requested homework including, re-writing each specific Relapse Prevention Plan(s), Apology letters, Book Reports, and Essays. All parties attended the VIDEO Parole Hearing including our client, who hails from CTF-Soledad. After several hours of questioning by the Panel, my client appeased all the Panel’s concerns and it was found that he did NOT pose an unreasonable threat of violence, if release to the free community. Of Course, there is a 150-day waiting period from the BPH Review Unit and the Governor’s office for the Decision to become Final. 

 A Big Congratulations to Anthony Stevenson, especially after being discouraged to enter the Scholarship’s writing contest, by some negative thinking peers. To his credits he found the courage to not only ENTER the Scholarship but actually WIN it! He relayed that he had never won anything in his life! The best part of it was that when he went to the Board with Attorney Letarte, and after some deliberation by the Commissioners, he was found SUITABLE on 5/19/2022. 

We now have authorization to post the NAMEs of the Winner as well as the runner-ups from our Parole Hearing 2021. 

 PRIZEs: 

1st Place Winner received a Pro Bono representation by Attorney Letarte at his 2022 Parole Hearing. 

2nd and 3rd place winners did receive the revised TIPS document (authored by Attorney Letarte, consisting of over 40+ pages) to assist with their own preparation at their next parole hearing. In addition, they received our Law Office’s 2022 Wall Calendar to keep track of all their important dates. 

 2021 SCHOLARSHIP NAMES for the 2022 Parole Hearing: 

 1st Place Winner was represented [Pro Bono] by Attorney Diane T. Letarte*** 

 1st Place WINNER from Correctional Training Facility (CTF) State Prison, Anthony Stevenson was admitted in October 1994 and is currently 48 years old. His Parole Eligible Date was 2/2011; Has been in the Board cycle since 2009.

Anthony Stevenson was found SUITABLE for Parole on 5/19/2022 !

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Although Attorney Letarte did not represent the runner-ups they deserved recognition for their writing essay skills that showed insight into their crime.

2nd Place (1st runner-up) from Ca. Substance Abuse Treatment Facility (SATF-COR) 

Richard Newman was admitted in June 1997 and is currently 51 years old. His Parole Eligible Date was 4/2004; Has been in the Board cycle since 2004 (denied 3 years in 2022) and returning in 2025

3rd Place (2nd runner-up) from Chuckawalla Valley State Prison (CVSP) 

Russell Farden was admitted in March 2009 and is currently 43 years old. His Parole Eligible Date was 10/2021; His Initial Board Hearing was postponed to late 2022 

NOTE OF INTEREST: We also heard back from some others [non-winner] scholarship applicants stating that the Scholarship writing essay made them gain more self-introspection. With that new gained insight they were better prepared for their Board Hearing(s) and some were found suitable when they went to their 2022 Board Parole Hearing. ============================================================== 

We may entertain doing a 2022 Scholarship for a 2023 hearing, depending on the availability of  Attorney Letarte. Please keep your eyes open for the next potential Scholarship listed (on this BLOG) and in the ECC or POSSE newsletters. The newsletters are usually found at the Prison library for Free or via a subscription to either newsletter listed below. You can write to subscribe to them. 

ECC  P.O. Box 5010 Irvine, CA 92619

POSSE  P.O. Box 900188  Palmdale, CA 93590 ============================================================== 

 The OLD 2021 CRITERIA for the Scholarship Application WAS as stated below. 

One can anticipate similar criteria for a potential 2022 Parole Hearing Scholarship for a 2023 hearing. 

1) No CDC-115 (RVRs) , in the last 5 years 

2) Psychological Evaluation (a.k.a. CRA) risk rating is either a Low or a Moderate  

3) You are NOT currently represented by a private attorney or a Law School Program

Monday, May 16, 2022

California v. Delgado (4/29/22) Youth offenders who are not eligible (i.e. 3X’er) for Early Parole Consideration are still entitled to Franklin Hearings to preserve evidence

California v. Delgado Docket: G059650 (Fourth Appellate District), Opinion Date: April 29, 2022.  

The Fourth Appellate District reversed a trial court order and remanded. The court held that youth offenders who are not eligible for early parole consideration under Penal Code §3051 are nonetheless entitled to Franklin hearings to preserve evidence for their eventual, non-§3051 parole hearings. Although Delgado's Three Strikes (3X) sentence rendered him ineligible for a youth offender parole hearing (YOPH), he was nonetheless entitled to an opportunity to preserve evidence of mitigating. 

The issue presented by this appeal was whether youthful offenders who are statutorily ineligible for early parole consideration were nevertheless entitled to a "Franklin" proceeding to preserve evidence for their eventual parole hearing. 

 During his early 20’s, appellant was involved in three separate criminal incidents. s a result of those incidents, appellant was convicted of kidnapping for robbery and multiple counts of robbery, burglary, false imprisonment and illegal gun possession. He was also found to have personally used a firearm during the offenses and suffered a prior strike conviction. The trial court sentenced him to 59 years to life in prison under the “Three Strikes” law. 

 In 2020, appellant requested a Franklin proceeding to present mitigation evidence in anticipation of his youth offender parole hearing (YOPH). However, the trial court correctly determined appellant was not eligible for a YOPH because he was sentenced under the Three Strikes law. Therefore, it denied his request for a Franklin proceeding. Appellant admitted he was statutorily ineligible for a YOPH because he was sentenced under the Three Strikes law. However, he contended he is entitled to a YOPH – and a concomitant Franklin proceeding – as a matter of equal protection. Although the Court of Appeal rejected appellant’s equal protection argument, both parties concluded he was entitled to a Franklin proceeding under the standard rules applicable to all parole hearings. The trial court's judgment was reversed and the case remanded for such a proceeding. 

BOTTOM LINE: The Legislature's reference to the above statute made clear that it intended the criteria set forth in §4801(c) to apply broadly to all parole hearings, not just youth offender parole hearings under §3051. Consequently, even though Delgado is not entitled to a youth offender parole hearings, the parole board will still---someday---have to consider his diminished capacity and subsequent maturation in assessing his suitability for parole.