SAN FRANCISCO, CA – San Francisco County Superior Court Judge Brendan Conroy re-sentenced a physically and mentally disabled individual—who has already spent a decade in custody—to 16 years in prison last week, despite evidence of remorse, participation in rehabilitative programs, and a record free of disciplinary issues or violence.
The accused was sentenced to 16 years and one year of parole, because, said the judge, the accused continues to “represent a danger to society.”
The accused was convicted of assault and a violation of Penal Code section 266(c), inducing a person to engage in sexual acts through duress or false promises.
The accused attended his re-sentencing via Zoom, a hearing for which he was eligible.
Deputy Public Defender George Lazarus started the hearing by noting the accused had written “letters of remorse and apology to the victims.”
DPD Lazarus also said the accused had spent a “decade in custody,” and that his crimes were actually committed in 2015 and 2016.
The defender added the accused had “matured considerably,” and hadn’t had any “official disciplinary issues” on record while he was in state prison, stating the accused was also a part of the DDP program (developmentally disabled program) while in state prison.
The accused had “some severe learning impediments,” said Lazarus, pointing out the accused wasn’t working on learning and educating himself to be defiant, but because it was difficult for him.
DPD Lazarus added the accused had physical disabilities, where he sometimes had to use a walker, crutches, or even a wheelchair. The accused also had a seizure disorder, as well as some other health issues that DPD Lazarus wouldn’t mention.
The public defender emphasized the accused had actively participated in therapy and other rehabilitation programs. He also noted the accused had a clear reintegration plan for life after release, but recently had a relapse.
DPD Lazarus asked for a reduction, a reduced sentence of five years.
Deputy District Attorney Michael Hartmann dismissed the DDP program as “sort of an excuse,” arguing the accused had repeatedly declined educational and rehabilitative opportunities.
DDA Hartmann said that “if released early, he [the accused] will be a threat to public safety,” noting the accused had a past of many probation and parole violations, and has been labeled as “high risk.”
DPD Lazarus remarked the accused had a past of drug abuse, where he spent a “year and a half on methamphetamine,” and that he had relapsed. DPD Lazarus acknowledged the accused did have numerous misdemeanor convictions in the past, but that was somewhat expected when the accused was “drug addicted and homeless.”
Judge Conroy stated that the accused “has been able to… [live]… in society,” and acknowledged that the “steps have been put together…”
Judge Conroy mentioned “the Supreme Court would have to look at those two cases…”
As for the disposition, the judge the sentence was “negotiated,” and the accused crimes were reduced; the attempted murder charge was reduced to an assault, and the sex crimes were reduced to 266(c). Before the hearing, the accused’s sentence was 18 years.
