ROSENKRANTZ PAROLE PUTS GARCETTI IN A FIX.

Byline: Jordan Smith Staff Writer

On the eve of today's parole hearing for a convicted Calabasas murderer, Los Angeles County District Attorney Gil Garcetti has reversed himself, now saying he opposes parole for Robert Rosenkrantz.

Garcetti's decision comes as election polls show him running far behind challenger Chief Deputy District Attorney Steve Cooley, who has continually raised the Rosenkrantz case as an issue.

In a 1996 parole hearing, Deputy District Attorney Diane Vezzani told the Board of Prison Terms that Garcetti met privately with Rosenkrantz's attorney at the time and that he ``himself is not opposed to (Rosenkrantz) receiving a parole date.''

Deputy District Attorney Larry Diamond, who tried Rosenkrantz, said he was told of Garcetti's new position Tuesday. He also is strongly opposed to Rosenkrantz's release.

``The crime is so incredibly serious and the actions of the defendant after the murder - in which he endorsed the act of violence - create the very real and rational feeling that he's a danger to the community at this time,'' he said.

In 1985, 18-year-old Rosenkrantz bought an Uzi and shot classmate Steve Redman 10 times after Redman exposed Rosenkrantz's homosexuality to friends and family on the night of their high school graduation in Calabasas.

Rosenkrantz was convicted of second-degree murder and sentenced to 17 years to life.

It is highly unusual for a district attorney not to oppose parole in a murder case, and Garcetti has been roundly criticized by attorneys in his office for taking that stand in this case.

However, Garcetti's spokeswoman Sandy Gibbons said Thursday that the district attorney's position is that Rosenkrantz ``needs to spend more time in prison before being paroled.''

When asked about Garcetti's change of position, Gibbons denied that the District Attorney's Office had ever said anything other than Rosenkrantz should remain in jail.

``We have always said that he needs to spend more time in prison, that he may eventually be paroled, but that he needs to spend more time first.''

For challenger Cooley, this is another example of Garcetti prizing politics over duty to constituents.

``He has failed in his ethical duty,'' Cooley said. ``He is sworn to uphold the law for the people, and he has only fulfilled his duty based on what's good for Gil Garcetti, the candidate.''

Rosenkrantz defense attorney Rowan Klein would not say whether he has met with Garcetti, but also blamed Garcetti's reversal on politics. ``Gil Garcetti's running for re-election, and it's a tough election.''

The case has been marked by controversy in other ways. A Los Angeles Superior Court judge ruled that the parole board must find Rosenkrantz is suitable for release, unless it has new evidence.

Rosenkrantz was denied four bids for parole before Klein filed to have the case remanded to the trial court.

The case ended up in front of Judge Kathryne Stoltz in Van Nuys Superior Court, who determined in April 1999 that Rosenkrantz was eligible for parole. She ordered officials to set a parole date, and they did - albeit reluctantly - for Jan. 1, 2001.

However, Gov. Gray Davis reversed the decision to grant parole in November 1999, writing that Rosenkrantz ``is not currently suitable for parole.''

Davis has said that no convicted murderers will be released under his watch.

However, the original Stoltz decision was upheld this April by the appeals court, ordering the board to set a new parole hearing within 60 days or face contempt of court charges.

The appeals court also ruled that unless there was new information or circumstances in the case, Rosenkrantz must be found fit for parole.

``They have the power to hold (the board) in contempt,'' said Klein. ``I expect people to follow the law.''

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Photo: (color) Gil Garcetti