COURT RULES IN ROSENKRANTZ CASE.
A state appeals court ruled Friday that a Los Angeles judge cannot interfere in the parole request of a convicted Calabasas murderer until Gov. Gray Davis decides whether he should be set free.
The ruling by the 2nd District Court of Appeals forces Superior Court Judge Kathryne Stoltz to rescind her order directing the parole board to issue a new recommendation to release Robert Rosenkrantz.
Rosenkrantz was convicted of second-degree murder in the 1985 slaying of his classmate Steve Redman. Rosenkrantz said Redman exposed his homosexuality to classmates and family the night of their graduation from Calabasas High School.
Rosenkrantz shot Redman 10 times at close range with an Uzi and was sentenced to 17 years to life for the crime.
Last month, the parole board recommended Rosenkrantz's early parole. Davis has until Oct. 29 to make a decision.
The case has become politically charged, pitting Davis and the parole board against Stoltz, who ruled the parole board abused its power in the case and has threatened contempt of court unless Rosenkrantz is released.
Davis has reportedly said he would reject parole for any convicted murderer, although recently he granted it for Rose Ann Parker, a San Bernardino woman also convicted of second-degree murder.
Hilary McLean, spokeswoman for Davis, said the governor never said he would reject parole for all murderers.
``The governor and his office have said what he's always said in that each case that comes before him is considered carefully on the merits of each case,'' McLean said.
In a related development Friday, Los Angeles County Sheriff Lee Baca voiced his opposition to the parole of Rosenkrantz.
``In this instance, the early parole of Robert Rosenkrantz is an injustice that will be committed against the Steve Redman family,'' Baca said at a news conference at the sheriff's Monterey Park headquarters. ``I therefore am asking Gov. Gray Davis to not grant parole to Rosenkrantz.''
Baca said he decided to oppose the parole for reasons including that the murder was carried out with an assault rifle.
``The nature in which this assault rifle was used was so graphically brutal at the time that I do not see any redemption in this particular murder, and I believe a full life sentence should mean a full life sentence.''
Baca, who has not opposed a parole since he was sworn into office on Dec. 7, 1998, said he may oppose other paroles in the future.