Brown Approves Commutation Law; Local Leaders Applaud

A commutation law giving prosecutors and others with a stake in criminal cases time to write to the governor before action is taken on prison sentence represents a "major victory'' for crime victims across the state, District Attorney Bonnie Dumanis said Tuesday.

Gov. Jerry Brown signed Assembly Bill 648 into law Monday. It requires the district attorney and victims in criminal cases to be notified when a defendant applies for clemency.

"No longer will the victims have the rugs pulled out from underneath them with a secret communication to help a friend,'' Dumanis said. "Because of this law, victims will now have a chance to have their voices heard when a convicted criminal applies for clemency.''

AB 648, sponsored by the San Diego County District Attorney's Office and co-authored by Marty Block, D-Bonita, and Nathan Fletcher, R-San Diego, was written in response to Schwarzenegger cutting the sentence of  Esteban Nunez from 16 to seven years.

The commutation came on Schwarzenegger's last day in office and infuriated the family of the man who died in the stabbing Nunez was convicted of.

Nunez—the son of former Assembly Speaker Fabian Nunez—pleaded guilty to voluntary manslaughter and assault with a deadly weapon in the October 2008 stabbing death of 22-year-old Luis Santos near the campus of San Diego State University.

Fred and Kathy Santos, the victim's parents, found out about the commutation from a reporter.

Schwarzenegger later admitted helping his friend—Nunez—with his son's case.

"Last-minute commutations without notifications are just wrong and they show an arrogance on the part of our former governor that we need to legislate against,'' Block said. "Thanks to Governor Brown, no victim will ever be blindsided by a secretive midnight commutation.''

AB 648—which takes effect Jan. 1—requires anyone applying for commutation to notify prosecutors and victims 10 days before the governor acts.

The process also requires a written report to the Legislature, including a copy of any application for clemency filed by a defendant.

Dumanis—whose office filed a lawsuit to nullify the commutation of Nunez's sentence—said she has never seen his application for clemency.

Speaking on the third anniversary of his son's death, Fred Santos called Schwarzenegger's  commutation a "heartless, illegal act.''

Even though AB 648 does not affect his son's case, Santos said he hoped it would help other crime victims stay abreast of developments that could result in a prisoners early release.

-City News Service