LOS ANGELES, CA — Los Angeles County Superior Court Judge Lauren Weis Bernstein denied a motion for resentencing last Friday at a modification hearing, refuting Deputy Public Defender Joanna Fernandez’s argument the accused, 68, has been a model prisoner and has a job opportunity upon release.
The accused is currently in custody and has been incarcerated since 2009 after being found guilty of murder.
DPD Fernandez requested the court resentence this case and have the charge reduced from murder to voluntary manslaughter.
DPD Fernandez acknowledged that in domestic violence murder cases, it is difficult to prove to the court the accused has been fully rehabilitated. However, she began to highlight the accused’s exemplary behavior in prison the past 15 years.
“He (accused) has not had one violation, which honestly, I have not seen in any of my cases,” said DPD Fernandez.
The DPD noted she understands the severity of this domestic violence situation, arguing, “(Accused) has never and will never condone his actions… I am not condoning his actions.”
However, Fernandez asked the court to consider the accused’s rehabilitation, emphasizing that in criminal cases, courts should be looking at a person’s rehabilitative efforts in prison and also take age into account.
DPD Fernandez began describing the accused as the “rare model prisoner,” though Judge Bernstein interrupted her, stating she’s seen many cases of rehabilitation in court as a judge.
DPD Fernandez underlined the accused’s ideal behavior in prison, stating that, along with no violations, he has also “gone beyond” and become a positive leader in the prison, referencing articles written about the accused regarding his leadership within a prison program in which he is involved.
The DPD also mentioned the accused has letters from the warden of his previous prison that spotlight his excellent behavior, emphasizing this behavior is not only recent, but has existed throughout his incarceration.
She noted the accused does have an opportunity for a parole hearing when he turns 70, and that, if he is released, he has a confirmed job opportunity—though it “diminishes every year that he becomes older.”
Judge Bernstein shared she believes the DPD’s argument the accused has been exemplary in prison and “has done everything he can to better himself and to…set a model for other prisoners,” adding that in these types of cases she gives great weight to the prosecution.
The judge also said she disagrees with any argument that asserts it’s impossible to show that the accused will be violent again in the future solely based on his good behavior in prison.
“What is motivating me more to deny your motion is the nature and circumstances of the underlying case—luring her (victim) to a secluded place…the jury obviously rejected voluntary manslaughter,” the judge told DPD Fernandez.
Ultimately, Judge Bernstein ruled she is denying the defense request because of the “evil” facts of the case, and that the parole board can take into account the accused’s good prison behavior in 2027.
