COURT REJECTS DAVIS' DENIAL OF PAROLE FOR ROSENKRANTZ.Byline: Lisa Mascaro Staff Writer Convicted murder Robert Rosenkrantz won a major victory in his fight for freedom Friday when a state 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. ruled Gov. Gray Davis overstepped his authority in refusing to release the Calabasas man from prison. However, the 34-year-old Rosenkrantz - behind bars for 15 years for killing schoolmate Steven Redman for exposing his homosexuality - will remain in custody as prosecutors seek state Supreme Court review of the 2-1 decision. Rosenkrantz's attorney called the appellate court ruling a victory in the case that spotlights what some have claimed is the governor's no-parole policy for convicted murderers. ``It's almost a minor miracle for a prisoner to beat the governor - we're thrilled,'' said Rosenkrantz's attorney Donald Specter of the Prison Law Office. ``It's a great victory for Robert Rosenkrantz; it's also helpful for other prisoners who have been rehabilitated and for whom the governor has denied parole parole (pərōl`), in criminal law, release from prison of a convict before the expiration of his term on condition that his activities be restricted and that he report regularly to an officer. .'' Rosenkrantz's father, Herb Rosenkrantz, called the decision a ``wonderful validation of our judicial system'' and said he and his wife would like to have their son home. ``We'd be very happy to have our son back in our home,'' he said. The Attorney General's office plans to petition the state Supreme Court for review. A state attorney said the ruling questions the constitutional authority the people of California have given the governor to weigh in on parole decisions. ``We're disappointed with the majority's view,'' said Deputy Attorney General Robert Wilson Robert Wilson may refer to:
``The governor's been given the constitutional authority to decide whether a convicted murderer is safe to be released on parole. The opinion today, it denies the governor's constitutional parole review power.'' The governor on Friday again contended that Rosenkrantz should remain locked up for the Calabasas murder, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the Associated Press Associated Press: see news agency. Associated Press (AP) Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world. . ``Mr. Rosenkrantz committed a heinous hei·nous adj. Grossly wicked or reprehensible; abominable: a heinous crime. [Middle English, from Old French haineus, from haine, hatred, from act, pumping 10 rounds from an Uzi into his victim at close range, the last three while he was lying helplessly on the ground,'' the governor told the AP. The Second Appellate Relating to appeals; reviews by superior courts of decisions of inferior courts or administrative agencies and other proceedings. District jurists The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. See also list of lawyers. Antiquity
The day after Gutman released his ruling, the state Supreme Court, acting on an appeal from the state and after the appellate court upheld the ruling, issued a late night stay that kept Rosenkrantz behind bars. Rosenkrantz appealed to the Second Appellate Court, which upheld the lower court saying the judge properly reviewed the governor's decision. It said the governor has parole review authority but it is not as far-reaching as the state claimed. ``The governor's decision is not absolute; it requires the use of judgment in applying the standards set for him by the Constitution and the statute, and it cannot be applied mechanically,'' the majority wrote. It further wrote there was no new evidence, or evidence from past court proceedings, to support the governor's decision to deny parole. ``Since there is no evidence at all to support the governor's decision, there is no way to say that Rosenkrantz was afforded the due process of law to which he was entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: ,'' the majority wrote. ``We see no way to uphold a gubernatorial gu·ber·na·to·ri·al adj. Of or relating to a governor. [From Latin gubern decision that is unsupported by any evidence - and not even the governor contends that we should go that far.'' The majority did not reach the Superior Court's finding that the governor has a ``no parole policy.'' However, one jurist A judge or legal scholar; an individual who is versed or skilled in law. The term jurist is ordinarily applied to individuals who have gained respect and recognition by their writings on legal topics. jurist n. found that the governor did have such a policy, Specter said. Rosenkrantz's attorney explained that the state's previous stay of his client's release remains in place through the appeals process. The state has 40 days to petition for review in the state Supreme Court, and the court has 60 days to decide, Specter said. If the court declines to take up the case, the appellate ruling stands and Rosenkrantz would be released, he said. Rosenkrantz was 19 in 1986 when a Van Nuys jury convicted him of second-degree murder for shooting Redman 10 times with an Uzi in June of the previous year. Rosenkrantz was sentenced to 17 years to life and was to be eligible for parole in about 10 years. |
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