COURT OVERRULES DAVIS KILLER WITH AIDS, CANCER TO BE PAROLED IN LOS ANGELES.Byline: Staff and Wire Services SAN LUIS OBISPO San Luis Obispo (săn l  `ĭs ōbĭs`pō), city (1990 pop. 41,958), seat of San Luis Obispo co., S Calif., near San Luis Obispo Bay; inc. 1856. - A convicted killer who suffers from AIDS, cancer, heart disease and dementia was expected to be released from prison Thursday, a day after the state Supreme Court let stand a lower court's ruling overturning Gov. Gray Davis' refusal to allow parole. Mark Smith, who spent about 18 years in prison, was to be freed sometime Thursday night from from the California Men's Colony The California Men's Colony ("CMC") is a male-only state prison in California, USA. It is located north of San Luis Obispo, California, halfway between Los Angeles and San Francisco. CMC is a level I, II, and III prison, with an east and west yard. , prison spokeswoman Shelley Thompson Shelley Thompson is a Canadian actress best known for her character Barbara Lahey on the hit Canadian mockumentary program Trailer Park Boys. Shelley was trained in acting at the Royal Academy of Dramatic Art in London. said. ``He will be leaving. He'll be paroling back to L.A. County,'' she said. Davis was dismayed by the news. ``The governor feels that Mr. Smith has not spent enough time behind bars. He should not be paroled. He is a vicious, brutal killer,'' said Byron Tucker, a spokesman for Davis. ``The governor has always made it a priority to be the voice of victims. He fought for the victim in this case, who has no voice.'' Smith was expected to return to Sun Valley to live with his parents. Smith, 47, was convicted of second-degree murder and sentenced to 16 years to life for the 1985 killing of Rick Diamonon in an argument over cocaine. Diamonon was shot and then drowned in a creek in Topanga Canyon. The state Board of Prison Terms recommended his release more than three years ago, noting that he had an exemplary prison record and that the judge who sentenced Smith had urged his release. However, the governor rejected parole, as he has done for more than 250 other killers. Davis said Smith had ``committed a wanton Grossly careless or negligent; reckless; malicious. The term wanton implies a reckless disregard for the consequences of one's behavior. A wanton act is one done in heedless disregard for the life, limbs, health, safety, reputation, or property rights of and violent act against another for something as inconsequential in·con·se·quen·tial adj. 1. Lacking importance. 2. Not following from premises or evidence; illogical. n. A triviality. as an unsatisfactory drug deal.'' Smith challenged the decision. A Superior Court judge overruled Davis last year. An appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. upheld the decision and Wednesday the California Supreme Court decided against reviewing the decision. Davis had argued that he has absolute power to overturn parole decisions under Proposition 89, a measure passed by voters in 1988. Opponents argued that the law was unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. because its intent was to block parole for prisoners who would otherwise be released. |
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