ACTS OF
EXECUTIVE CLEMENCY
FOR THE STATE OF CALIFORNIA
GRANTED FOR THE PERIOD
January 1, 2010 through December 31, 2010
BY GOVERNOR ARNOLD SCHWARZENEGGER
MESSAGE FROM THE GOVERNOR
CONCERNING
COMMUTATIONS, REPRIEVES, AND PARDONS
To the Members of the Senate and Assembly of the State of California:
In accordance with Article V, section 8(a) of the California Constitution, I hereby
submit to you a report of pardons and commutations granted by me from January
1, 2010 through December 31, 2010. One reprieve was granted during this period.
Sincerely,
Arnold Schwarzenegger
COMMUTATIONS
Commutations are granted pursuant to Article V, section 8(a) of the California
Constitution. Upon careful and thorough review by the Governor, a commutation of
sentence was granted during this period to:
SARA KRUZAN
On March 10, 1994, 16-year-old Sara Kruzan shot and killed her former pimp, 37year-old George Howard. In response to threats by James Earl Hampton, Ms. Kruzan went
to a movie with Mr. Howard. After the movie, the pair went to a hotel. As they prepared to
have sexual intercourse, she shot Mr. Howard to death. Ms. Kruzan was convicted of special
circumstances first-degree murder (while lying in wait and during a robbery) with a firearm.
She was sentenced to life in prison without the possibility of parole, plus four consecutive
years for the use of a firearm. Ms. Kruzan appealed her conviction, but her sentence was
upheld. Mr. Howard’s death is tragic, and I do not discount the gravity of the offense. But
given Ms. Kruzan’s age at the time of the murder, and considering the significant abuse she
suffered at his hands, I believe Ms. Kruzan’s sentence is excessive. Accordingly, I commute
Ms. Kruzan’s murder sentence to 25 years to life in prison with the possibility of parole.
Since she was sentenced, Ms. Kruzan filed several petitions for writ of habeas corpus.
The California Supreme Court denied her petition in 2006. Ms. Kruzan filed a pro se petition
for writ of habeas corpus in the Riverside County Superior Court, which was denied on
February 10, 2010. She again sought habeas corpus relief from the Fourth District Court of
Appeal. On May 5, 2010, the Court requested that the Attorney General file an informal
response to her petition. The Attorney General recommended that Ms. Kruzan’s sentence be
vacated, and that she have a new sentencing hearing. In its recommendation, the Attorney
General noted that the sentencing court was unaware that it had discretion to impose a
sentence other than life in prison without the possibility of parole. Consequently, the
appellate court granted her petition, in part, and directed the Riverside County Superior Court
to vacate Ms. Kruzan’s sentence and conduct a new sentencing hearing but noted that, “in all
other respects, the petition for writ of habeas corpus is denied.”
Having been once convicted of a felony, Ms. Kruzan applied for a commutation of
her sentence.
During Ms. Kruzan’s trial, the court did not hear expert testimony concerning
whether she was suffering from Intimate Partner Battering at the time of the murder because
the prostitute/pimp relationship is not recognized as a qualifying relationship under the law.
Nonetheless, it is apparent that Ms. Kruzan suffered significant abuse starting at a vulnerable
age. Her mother heavily used drugs and was unstable and abusive. Ms. Kruzan was
eventually placed in foster care at age 15. A Riverside County Dependency Report
documents the emotional, sexual and neglectful abuse that Ms. Kruzan endured as a child.
Ms. Kruzan reported that, at age five or six, her earliest memory of her father was
finding him “shooting up drugs” in her mother’s home. Her mother admitted to social
workers that she struck Ms. Kruzan’s head against the floor on one occasion. Ms. Kruzan
told social workers that “her mother had thrown her against a dresser and ‘busted’ her head.
She states her mother did not take her to the doctor or hospital. She states her mom also
jumped on her ribs.” In addition, there is evidence that an unsafe home environment placed
her at further risk of repeated abuse, including being raped by men in her neighborhood in
July 1991 and abused by at least one of her mother’s boyfriends.
According to Ms. Kruzan, when she was 11 years old, “Mr. Howard spotted her
walking home from school. He pulled up to her in a red Mustang, asked where she was
going, and offered to buy her ice cream. Mr. Howard was 31 years old at the time.” Mr.
Howard drove her to his home, where he molested her. The sexual abuse continued.
Ultimately, Mr. Howard began to sexually exploit Ms. Kruzan for monetary profit. Mr.
Howard began prostituting Ms. Kruzan when she was 13 years old, which continued until she
was age 16.
Psychological assessments of Ms. Kruzan confirm her claims of abuse. An
evaluation conducted in 2009 by Linda Barnard, Ph.D. determined, “The effects of intimate
partner battering – including hyper-vigilance, dissociation, fear, re-experiencing of trauma,
and labile emotions – were critical in the behavior and mental state of Sara Kruzan in the
months preceding, at the time of, and subsequent to, the shooting of [Mr. Howard].
Specifically, her history of traumatic exposure, including the relationship dynamics with [Mr.
Howard], led Sara to suffer from the effects of intimate partner battering. Moreover, the
intimate partner battering Sara suffered undoubtedly led to the behaviors she displayed, and
the actions she took, in response to threats from James Earl Hampton. Finally, the shooting
itself was a culmination of the years of abuse and coercive exploitation she endured at [Mr.
Howard’s] hands.” Dr. Barnard added, “Without the assistance of expert testimony, jurors,
judges, and attorneys cannot understand the effects of intimate partner battering on its
victims. Sara Kruzan’s case presents an extremely severe case of intimate partner battering
for which such testimony would have been critical. The absence of such evidence deprived
the jury of essential information in evaluating Sara’s mental state at the time of the events for
which she was convicted and deprived the judge of information necessary to make a
reasonable determination regarding the exercise of his discretion in sentencing Sara.”
Similarly, Dr. Nancy Kaser-Boyd opined, “Ms. Kruzan clearly suffered from the
common effects of intimate partner battering on the night of the shooting. She was an
adolescent who had experienced a lifetime of recurrent abuse in her intimate relationships
with a number of individuals. Such recurrent abuse produces greater damage to healthy
personality functioning than if the abuse had come from one source.” Dr. Kaser-Boyd
concluded that “essential information necessary to an understanding of Ms. Kruzan’s
behavior was never provided to the judge or jury. Most importantly, a complete
understanding of Ms. Kruzan’s abusive experiences, her abuse by [Mr. Howard], and the
effects of intimate partner battering would have had a substantial likelihood of producing a
different evaluation of Sara Kruzan’s actions by the jury and judge.”
Considering Ms. Kruzan’s age at the time of the offense, and given the abuse she
suffered at Mr. Howard’s hands from age 11 to age 16, her sentence is disproportionate.
Ms. Kruzan has now been incarcerated for more than 16 years. During her
imprisonment, she recently began taking college-level courses and was recognized as
“Woman of the Year” in March 2010 for her participation and acceptance into the Young
Women’s Group at her prison’s honor dorm. In addition, her rehabilitative efforts include
participation in Hip Hop Aerobics, Building Self Awareness for Life, The Voices You Rarely
Hear, Alternatives to Violence, Framework for Breaking Barriers, Healing SelfAwareness/Self-Healing, Stress Management Workshop, and Victim Impact/Self-Awareness.
However, Ms. Kruzan was disciplined for multiple rules violations. I expect that this
commutation will facilitate her future rehabilitation, and that she will maintain a disciplinefree prison conduct record. I also anticipate that she will continue to pursue her college
education, take part in vocational training, and participate in available self-help and therapy
programs.
Now, therefore, I, Arnold Schwarzenegger, Governor of the State of California, in
accordance with the authority vested in me by the Constitution and statutes of the State of
California, hereby commute Sara Kruzan’s murder sentence to 25 years to life in prison with
the possibility of parole.
ESTEBAN NUNEZ
On October 4, 2008, Esteban Nunez and Ryan Jett fought with Luis Dos Santos and
several others near San Diego State University. During the fight, Jett stabbed Santos to death
with a knife. Nunez did not kill Santos. Both Jett and Nunez entered a plea agreement and
were convicted for voluntary manslaughter and sentenced to the maximum term in State
prison. Santos’s death is tragic, and I do not discount the gravity of the offense. But given
Nunez’s limited role in Santos’s death, and considering that, unlike Jett, Nunez had no
criminal record prior to this offense, I believe Nunez’s sentence is excessive. Accordingly, I
commute Nunez’s sentence to the lower term for the crimes for which he was convicted:
seven years in State prison.
According to the probation report, around the time of the offense, Nunez, Jett, Rafael
Garcia, and Leshanor Thomas drank alcohol and went to a college fraternity party. They
were not admitted to the party, and they left. They drank some more, and they talked about
fighting someone. At some point, Jett saw Santos and Brandon Scheerer on the university
campus. Jett yelled at them and threw up his hands. Led by Jett, they confronted Santos and
Scheerer. Santos and Scheerer ran off in opposite directions. Santos met up with Keith
Robertson, Evan Henderson, and another person named Jason. Santos was panicked, and he
said that they were “about to be jumped by four or five guys.” Santos, Robertson,
Henderson, and Jason walked down a street to find Scheerer. At that time, Jett confronted
Santos, and a fight broke out between the two groups. Both groups had been drinking
throughout the evening. The fight occurred sometime after 2:00 a.m. and lasted between 30
and 45 seconds.
Not surprisingly, there are different versions of the fight. However, the following key
facts are not in dispute: During the fight, Jett stabbed Santos once through the chest,
severing his heart. Robertson and Henderson were also stabbed. According to Nunez’s
sentencing brief, Nunez admitted he stabbed Henderson in the stomach. Scheerer also joined
the fight, and Thomas punched him in the eye.
Jett, Nunez, Garcia, and Thomas left the scene. Thomas drove the group to
Sacramento. Once there, they went to the Sacramento River, burned their clothes, and threw
their knives in the river.
Nunez was 19 years old at the time of the offense, and he had no previous criminal
record. He subsequently pled guilty to voluntary manslaughter with the use of a knife. He
also pled guilty to assaulting Henderson and Robertson with a deadly weapon, and he
admitted that he inflicted great bodily injury on Henderson and Robertson. Nunez was
sentenced to an aggregate term of 16 years in state prison. The court imposed the maximum
11-year sentence for voluntary manslaughter, plus one year for using a knife. The court also
sentenced Nunez to one year for assaulting Henderson with a deadly weapon, plus one year
for inflicting great bodily injury. Similarly, the court sentenced Nunez to one year for
assaulting Robertson with a deadly weapon, plus one year for inflicting great bodily injury.
Having been once convicted of a felony, Nunez applied for a commutation of his
sentence on the ground that his sentence is disproportionate in comparison to Jett’s sentence.
Like Nunez, Jett also pled guilty to voluntary manslaughter with the use of a knife
and two counts of assault with a deadly weapon, each enhanced for inflicting great bodily
injury. And like Nunez, Jett was sentenced to 16 years in state prison. He too received the
maximum 11-year term for voluntary manslaughter.
But at Jett’s sentencing hearing, the court told Jett, “I believe a fair reading of the
evidence, including logical inferences from the circumstantial evidence, is that you were the
person that actually caused the death of Mr. Dos Santos by inflicting the knife wound to his
chest area.” The court also said that Jett “killed Luis Dos Santos. He severed his heart. He
cut through the ribs.” In addition, Jett was identified as occupying a position of leadership in
the offense. “I believe,” the court said, “that the best evidence is that you were the person
who started the confrontation, if you will, and confronted Mr. Santos.”
On the other hand, the court acknowledged at Nunez’s sentencing hearing that Nunez,
“pled to aiding and abetting” in the death of Santos. He was not the actual killer. But despite
the evidence that Jett was a leader and instigator in the offense, and that he stabbed and killed
Santos, the court sentenced Nunez to the same maximum prison sentence as Jett.
Moreover, Nunez and Jett had very different criminal backgrounds, and this fact
deserved greater weight at Nunez’s sentencing. This offense was Nunez’s first, and he had
no prior criminal record. In contrast, the court told Jett at his sentencing hearing, “Your
convictions as an adult are numerous and in increasing seriousness.” The court also noted
that Jett was on probation at the time of the offense, and that he had been given chances on
probation and to rehabilitate himself. But, the court indicated, his performance, “quite
frankly, is a dismal failure.”
Considering Nunez’s limited role in the killing and his clean prior criminal record, I
believe his sentence is disproportionate in comparison to Jett’s. The lower terms for
voluntary manslaughter (three years) and assault with a deadly weapon (two years each)
would be more appropriate in light of these differences.
Now, therefore, I, Arnold Schwarzenegger, Governor of the State of California, in
accordance with the authority vested in me by the Constitution and statutes of the State of
California, hereby commute Esteban Nunez’s 16-year sentence to seven years in State prison.
ALBERTO TORRES
On February 5, 1999, Alberto Torres shot and killed Juan Atrisco, who was on Mr.
Torres’ property, after he felt his life and safety were threatened. Following a jury trial, Mr.
Torres was convicted of second-degree murder and attempted involuntary manslaughter. The
jury also found that Mr. Torres personally discharged a firearm within the meaning of section
12022.53, subdivision (d) and used a firearm within the meaning of section 12022.5,
subdivision (a) (1) of the California Penal Code. Mr. Torres was sentenced to 15-years-tolife for second degree murder, plus a consecutive 25-years-to-life term for personally
discharging a firearm. The court granted the prosecution’s motion to dismiss the attempted
involuntary manslaughter charge and its accompanying enhancement. Mr. Torres appealed
his conviction, but his sentence was upheld. Mr. Atrisco’s death is tragic, and I do not
discount the gravity of the offense. But given the unique circumstances of Mr. Torres’ crime
and the fact that he did not have a criminal record prior to the offense, I believe Mr. Torres’
sentence is excessive. Accordingly, I commute Mr. Torres’ sentence for personally
discharging a firearm from an indeterminate term of 25-years-to-life to a determinate term of
10 years.
Not surprisingly, there are different versions of the offense. The appellate court
reported that, at approximately 1:00 a.m. on February 5, 1999, Mr. Atrisco knocked loudly
on the door of the home belonging to Angelica Godinez, the mother of his girlfriend, Maria.
No one answered the door. Mr. Atrisco honked his horn incessantly until Angelica went
outside. Mr. Torres, who was Angelica’s brother-in-law and landlord, lived next door.
Hearing the commotion on his property, Mr. Torres went outside armed with his .357
magnum pistol and stood behind a van to watch and listen to Angelica and Mr. Atrisco. Mr.
Atrisco, who appeared intoxicated, wanted to talk to Maria. Angelica told him to stop
bothering her and her family. After 20 minutes of arguing, Mr. Atrisco backed his car out of
the driveway and Angelica went inside her home.
Mr. Atrisco drove his car away, spinning his tires in the gravel. As Mr. Atrisco drove
by Mr. Torres, Mr. Torres fired a shot into the rear passenger door of the car. He then fired
two additional shots at the car. One of the shots struck Mr. Atrisco in the head. Mr.
Atrisco’s passenger, Francisco Nava-Pablo, was passed out in the vehicle but not wounded.
Mr. Torres testified at trial that he believed Mr. Atrisco “was trying to hit him with
the car. When the car came within two feet, [Mr. Torres] jumped back and fired a shot into
the rear passenger door. He did not intend to hurt or kill anyone.” He fired two more times
because he was “nervous” and he “feared for his life.” Consistent with his testimony at trial,
Mr. Torres admitted to the probation officer that he shot Mr. Atrisco, but maintained that he
did so “only after the victim attempted to run [him] over with his vehicle.”
I believe there are mitigating factors in this case. Mr. Torres was on his own property
when Mr. Atrisco arrived with a blood alcohol level of .19 percent and methamphetamine in
his system. Mr. Atrisco created a major disturbance outside of Mr. Torres’ home at 1:00 a.m.
by knocking loudly on his girlfriend’s front door and honking his horn incessantly. He was
also “bothering” the residents by arguing with his girlfriend for 20 minutes. I also note that
Mr. Torres did not exhibit gratuitous violence during the commission of the crime and he
continues to maintain that he reacted out of fear for his life. Mr. Torres was a 44-year-old
man who did not have a previous criminal record. In fact, he was an immigrant who worked
as a farm worker in order to support his family both in California and Mexico. Given these
unique circumstances, I believe Mr. Torres’ sentence is excessive.
Mr. Torres has now been incarcerated for more than 11 years. I expect that this
commutation will facilitate his future rehabilitation, and that he will maintain a disciplinefree prison conduct record. I also anticipate that he will take part in vocational training, and
participate in available self-help and therapy programs.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, in
accordance with the authority vested in me by the Constitution and statutes of the State of
California, hereby commute Alberto Magana Torres’ sentence enhancement for personally
discharging a firearm from an indeterminate term of 25-years-to-life in prison to a
determinate term of 10 years.
REPRIEVES
Reprieves are granted pursuant to Article V, section 8(a) of the California
Constitution. Upon careful and thorough review by the Governor, a reprieve was granted
during this period to:
ALBERT GREENWOOD BROWN, JR.
Albert Greenwood Brown, Jr. was convicted for raping and murdering a 15-year old
girl in 1980, and a California jury sentenced Brown to death for murder. At the People's
request, the trial court scheduled Brown's execution for September 29, 2010.
On August 31, 2010, the Marin County Superior Court ordered the State to refrain
from carrying out all lethal injection executions. On September 20, 2010, however,
the Court of Appeal for the First Appellate District overturned the superior court's
order. Nonetheless, the time to petition the California Supreme Court for review of
the Court of Appeal's decision will not expire until September 30, 2010, and the
Court of Appeal's decision will not take effect until that time. Accordingly, Brown's
execution may not proceed on September 29,2010.
For this reason, I hereby order a reprieve of Brown's execution. This reprieve shall
expire at 11:59 p.m. on September 29, 2010.
PARDONS
Pardons are granted pursuant to Article V, section 8(a) of the California Constitution.
Upon careful and thorough review by the Governor, a pardon was granted during this period
to:
KENNETH AUTREY
Kenneth Earl Autrey applied for executive clemency following his conviction for a
felony.
At the age of 28, Mr. Autrey was convicted on December 8, 1989, in the Superior
Court of the State of California in and for the County of Los Angeles, for possessing a
controlled substance in violation of section 11350 subdivision (a) of the California Penal
Code. On July 4, 1989, police officers were patrolling a location known for narcotic sales.
The officers observed Mr. Autrey approach the driver’s side window of a car, appearing to
make a drug purchase. As police approached him, Mr. Autrey dropped a $20 bill and .1
gram of rock cocaine. Following his conviction, he was sentenced to 26 days in jail and he
was placed on three years of probation. The court imposed, but stayed, a sixteen-month
prison term. Mr. Autrey discharged from probation on September 3, 1991. On September
14, 1995, the Los Angeles County Superior Court granted Mr. Autrey a Certificate of
Rehabilitation, recommending that he be pardoned.
Since the commission of this crime, Mr. Autrey redirected his life and exhibited
exemplary conduct. He served as an eligibility worker for the Los Angeles County
Department of Social Services for six years. Mr. Autrey was also a job developer for
Catholic Charities, a residential manager with Job Corps, and founder and executive director
of an at-risk youth program called Ascension Center International. Additionally, Mr. Autrey
became an ordained minister and is a founding pastor and district elder of the Jesus Christ
International Christian Center. In May 2005, he founded his own corporations: American
Mutual Financial Incorporated and KEADA Capitol Financial Group. He is a member and
participant in several community clubs and organizations including the Glendale Chamber of
Commerce.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Autrey paid his debt to
society and earned a full and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Kenneth Earl Autrey a full and unconditional pardon for the above felony
offense.
REX BLACK
Rex Black applied for executive clemency following his conviction for a felony.
At the age of 22, Mr. Black was convicted on February 5, 1986 in the Superior Court
of the State of California in and for the County of Los Angeles, for possessing a controlled
substance for sale in violation of section 11351 of the Health and Safety Code. On July 18,
1986, Mr. Black was stopped by police officers for a traffic violation. From his vehicle,
officers confiscated a 32-caliber pistol, 2.75 grams of cocaine and 1.75 grams of marijuana.
Following his conviction, he was sentenced to 30 days in jail and he was placed on three
years of probation. Mr. Black discharged from probation on February 5, 1989. On June 10,
2003, the Board of Prison Terms held a clemency hearing, a majority of the commissioners
recommending that he be pardoned.
Since the commission of this crime, Mr. Black redirected his life and exhibited
exemplary conduct. Following his conviction, he sought substance abuse treatment and
resumed his studies at the University California at Los Angeles, earning a bachelor degree in
science and computer engineering. Mr. Black founded his own business in 1994: Rex Black
Consulting Services, and has done work for major corporations in several countries. Mr.
Black is a published author. His educational articles appear in publications worldwide and
his books are used as texts for university courses. In addition, Mr. Black has donated books,
time, and money toward philanthropic educational causes. In March 2000, the sentencing
judge in Mr. Black’s case indicated that she would recommend a gubernatorial pardon for
Mr. Black.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Black has earned a full
and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Rex Black a full and unconditional pardon for the above felony offense.
STEPHEN BROWN
Stephen Brown applied for executive clemency following his conviction for a felony.
On March 20, 1991, at the age of 22, Mr. Brown was convicted in the Superior Court
of the State of California in and for the County of Los Angeles for possessing a controlled
substance for sale in violation of section 11360, subsection (a), of the California Penal Code.
On January 8, 1991, Mr. Brown was arrested after he assisted in the sale of marijuana to
undercover officers. Following his conviction, he was accepted into the Regimented Inmate
Diversion Program, a three-month boot camp-type program operated by the Los Angeles
County Sheriff’s Department. Upon successful completion of the program, he was released
from custody and placed on three years of probation. Mr. Brown discharged from probation
in May 1994.
Since the commission of this crime, Mr. Brown redirected his life and exhibited
exemplary conduct. Following his discharge from probation, he became a production
assistant. He went on to become a Prop Master/Art Director. In 1997, Mr. Brown began
teaching martial arts and became a personal trainer. Since then, Mr. Brown has provided
martial arts instruction to numerous government agencies such as the Los Angeles Police
Department, the Los Angeles County Sheriff’s Department, and Special Forces. In 2002, he
founded Ellavision, a camera equipment rental business.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in his community, Mr. Brown has earned a full and
unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Stephen Brown a full and unconditional pardon for the above felony offense.
AMNON CHARASH
Amnon Charash applied for executive clemency following after having been
convicted of two felonies arising out of a single indictment.
On June 14, 1993, at the age of 49, Mr. Charash was convicted in the Superior Court
of the State of California in and for the County of Los Angeles for perjury and
altering/destroying a public record in violation of section 118 of the California Penal Code
and section 6201 of the California Government Code. On October 4, 1988 and on June 27,
1990, Mr. Charash submitted false information in his application for a fee waiver from the
court. Following his conviction, he was sentenced to two years in prison. After his release
from prison on June 18, 1994, his parole was waived pursuant to section 3000, subsection (b)
of the California Penal Code. On September 9, 2004, the Superior Court in and for the
County of Los Angeles granted Mr. Charash a Certificate of Rehabilitation recommending
that he be pardoned.
Since the commission of these crimes, Mr. Charash redirected his life and exhibited
exemplary conduct and service to his community. Following his release from prison, he
completed the Los Angeles Community Police Academy in 1997. In 1998, Mr. Charash
received a certificate of appreciation from the City of Los Angeles recognizing his
volunteerism. He also served as a member of the Los Angeles Civilian Response Team and
as a volunteer block captain with the Los Angeles Police Department. For the past seven
years, Mr. Charash has been a member of the United States Air Force’s auxiliary unit, the
Civil Air Patrol, and he reports that he will be promoted to the rank of Major next year. As a
member of the Civil Air Patrol, he has participated in missions requested by the California
Office of Emergency Services, including flying search missions for lost aircraft and persons
stranded in the wilderness.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Charash has earned a
full and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Amnon Charash a full and unconditional pardon for the above felony
offenses.
STEPHEN GAGGERO
Stephen Gaggero applied for executive clemency following his conviction for a
felony.
On July 1, 1975, at the age of 18, Mr. Gaggero was convicted in the Superior Court of
the State of California in and for the County of Los Angeles for possessing/transporting a
controlled substance for sale in violation of section 11379 of the California Health and Safety
Code. On March 29, 1975, Mr. Gaggero attempted to sell LSD to an undercover officer.
Following his conviction, he was sentenced to five years of probation. Mr. Gaggero
discharged from probation on December 19, 1978.
Since the commission of this crime, Mr. Gaggero redirected his life and exhibited
exemplary conduct and service to his community. Following his conviction, he became a
general contractor and founded his own business. Mr. Gaggero became a ski coach for the
Special Olympics and volunteered his time for several Cystic Fibrosis fundraisers. Mr.
Gaggero also mentors youth at various high risk programs. In addition, for the past ten years,
he has raised funds for the Los Angeles Police Department.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Gaggero has earned a
full and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Stephen Gaggero a full and unconditional pardon for the above felony
offense.
PATRICK HARRELSON
Patrick Lee Harrelson applied for executive clemency following his conviction for a
felony.
At the age of 20, Mr. Harrelson was convicted on July 7, 1969, in the Superior Court
of the State of California in and for the County of Kern, for possessing dangerous drugs in
violation of section 11910 of the California Health and Safety Code. After using marijuana
and barbiturates, Mr. Harrelson fell asleep in the passenger seat of his van. A deputy sheriff
approached and searched the vehicle and found a small quantity of Seconal, a barbiturate.
Mr. Harrelson was sentenced to seven years in prison. He was received at the California
Rehabilitation Center (CRC) as a civil addict on July 7, 1969. He served seven months in the
inpatient component of the Civil Addict Program. Mr. Harrelson was released on parole
supervision on February 24, 1970. He discharged from parole on October 18, 1972. On
December 27, 2001, the Kern County Superior Court granted him a Certificate of
Rehabilitation, recommending he be pardoned.
Since the commission of this crime, Mr. Harrelson redirected his life and exhibited
exemplary conduct. While on parole, Mr. Harrelson became involved with an outreach
group, Teen Challenge, and was employed as a youth drug counselor with Teen Challenge
upon his release from CRC. He became an assistant director for Teen Challenge in 1973,
where he supervised drug prevention programs in local schools. Additionally, he worked as
a youth pastor. Subsequently, he became the Senior Pastor for Harvest Christian Church in
Bakersfield in 1984. Mr. Harrelson’s record includes over 33 years of church ministry. Mr.
Harrelson was presented with a certificate of achievement from Bakersfield City Council
Member Mike Maggard, recognizing him for assisting “hundreds of young people become
free from drug addiction” and noting Mr. Harrelson’s involvement with numerous charity
organizations.
Therefore, I, Arnold Schwarzenegger, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Harrelson paid his debt
to society and earned a full and unconditional pardon.
ROBERT HARRIS
Robert Donald Harris applied for executive clemency following his conviction for a
felony.
At the age of 19, Mr. Harris was convicted on March 20, 1987, in the Superior Court
of the State of California in and for the County of Mendocino, for first-degree burglary in
violation of section 459 of the California Penal Code. Mr. Harris and two accomplices broke
into a shoe store. He and his friends stole 25 pairs of shoes, 16 pairs of socks and $14.35.
Mr. Harris was sentenced to three months in jail, and was granted probation. He was further
ordered to pay restitution to the owner of the store. On May 22, 1992, the Mendocino
County Superior Court granted him a Certificate of Rehabilitation, recommending that he be
pardoned.
Since the commission of this crime, Mr. Harris redirected his life and exhibited
exemplary conduct. He graduated from law school and passed the California Bar
examination. Since then, Mr. Harris has demonstrated a record of volunteer service and
achievement. In 2008, he received the Child Support Program Attorney of the Year award
presented by the San Diego County Deputy District Attorneys Association. Mr. Harris was
commended for his many years of volunteer efforts with Stand Down, an organization that
supports homeless veterans of war. In addition, he was recognized by the County of San
Diego for his efforts in providing exceptional assistance during the 2007 firestorm in San
Diego.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Harris paid his debt to
society and earned a full and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Robert Donald Harris a full and unconditional pardon for the above felony
offense.
JOHN MACLEAN
John Alexander Maclean applied for executive clemency following his conviction for
a felony.
At the age of 23, Mr. Maclean was convicted on July 15, 1964, in the Superior Court
of the State of California in and for the County of Ventura, for conspiring to defraud in
violation of section 182.4 of the California Penal Code. Mr. Maclean and another man
staged the theft of Mr. Maclean’s vehicle as part of a plan to collect insurance money. Mr.
Maclean was placed on five years of probation, and he was ordered to pay a fine and
restitution. On November 29, 2000, the Ventura County Superior Court granted him a
Certificate of Rehabilitation, recommending that Mr. Maclean be pardoned.
Prior to his conviction, Mr. Maclean honorably discharged from the United States
Army. He is a veteran of the Korean War.
Since the commission of this crime, Mr. Maclean redirected his life and exhibited
exemplary conduct, volunteering extensively to the benefit of his community. He was
recognized for his efforts in assisting during many southern California disasters. Mr.
Maclean received formal recognition by the American Red Cross for his involvement with
their Emergency Disaster Team. The Ventura County Sheriff’s Office of Emergency
Services noted Mr. Maclean’s work in procuring and operating a radio station, serving as an
enrolled radio operator, and providing critical disaster communications during events such as
the 1992 floods, the 1994 Northridge earthquake, and the 1995 floods and landslides. He is
also active in Veterans of Foreign Wars meetings. He advocated for federal legislation to
bring recognition to Korean War veterans and serves as a charter member, and past South
Pacific Region Director for the Korean Veterans of America Association.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the circumstances of this case, and by completion of his sentence and
subsequent exemplary conduct in and service to his community, Mr. Maclean paid his debt to
society and earned a full and unconditional pardon.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to John Alexander Maclean a full and unconditional pardon for the above felony
offense.
ROSE PARKER
Rose Ann Parker applied for executive clemency following her conviction for a
felony.
At the age of 27, Ms. Parker was convicted on October 3, 1986, in the Superior Court
of the State of California in and for the County of San Bernardino, for first-degree murder, in
violation of section 187 of the California Penal Code, and she was sentenced to 25-years-tolife in prison. Ms. Parker shot her boyfriend, 54-year-old Arthur Boga, because her life and
the lives of her children were endangered. Mr. Boga had previously beaten her and
threatened her life and the lives of her children after he learned that Ms. Parker became
pregnant by another man. On appeal, the degree of murder was reduced to second-degree,
and the appellate court remanded her case to the trial court with instructions to pronounce
judgment in accordance with its ruling. Ms. Parker was resentenced to 15-years-to-life in
prison.
Although Ms. Parker suffered from Intimate Partner Battering Syndrome1 and its
effects at the time of the murder, expert testimony explaining this condition was inadmissible
evidence at the time of her trial. The sentencing judge in her case later noted he always
believed she “should have been acquitted, or, at most, found guilty of voluntary
manslaughter.” The Deputy District Attorney who prosecuted Ms. Parker wrote, “Ms. Parker
1
Formerly known as Battered Woman Syndrome.
was allowed to remain out of custody on her own recognizance during her murder trial, based
on her lack of prior criminal record and the facts of this case. . . . I am now, and always have
been, of the opinion that Ms. Parker truly believed that she needed to use force and violence
as a result of her prior abuse at Mr. Boga’s hands. Absent that abuse I doubt that the killing
would have occurred.” (Original emphasis.) During her incarceration, Ms. Parker
demonstrated a commitment to rehabilitation by participating in or facilitating various
programs and volunteering time to help run the Victim Services Program.
Since the commission of this crime, Ms. Parker has continued making positive gains.
She worked as a minister and counselor. Ms. Parker also founded and served as president of
a non-profit outreach group that supports victims of domestic violence. In December 2000,
Governor Davis did not oppose Ms. Parker’s release from prison. In modifying her grant of
parole, Governor Davis noted the “extraordinary and compelling circumstances” of her case.
On September 10, 2010, Ms. Parker submitted to this office a formal application for
executive clemency in the form of a gubernatorial pardon based on the circumstances of her
case.
By the laws of this state it is proper that I, as Governor of the State of California, give
testimony that, given the extraordinary and compelling circumstances of this case, and by
completion of her sentence and subsequent exemplary conduct in and service to her
community, Rose Ann Parker paid her debt to society and earned a pardon. However, in
accordance with my customary requirement that pardon applicants remain free from further
criminal conduct for at least ten years following discharge from probation or parole, I hereby
grant clemency on the condition that Rose Ann Parker not incur any arrests or convictions
until the expiration of the ten-year period, after March 17, 2016. If Ms. Parker does not
comply with this condition, this pardon will be void.
Therefore, I, Arnold Schwarzenegger, Governor of the State of California, by virtue
of the authority vested in me by the Constitution and statutes of the State of California, do
hereby grant to Rose Ann Parker a conditional pardon for the above felony offense.