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Jackson v. Carey

December 12, 2008

REGINALD JACKSON, PETITIONER,
v.
THOMAS L. CAREY, WARDEN, ET AL., RESPONDENTS.



FINDINGS AND RECOMMENDATIONS

I. INTRODUCTION

Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges former California Governor Gray Davis's reversal of the October 23, 2002 decision by the Board of Parole Hearings (hereinafter Board) finding petitioner suitable for parole. Petitioner claims that the Governor's action violated his right to due process. Upon careful consideration of the record and the applicable law, the undersigned will recommend that petitioner's petition for habeas corpus relief be granted.

II. PROCEDURAL AND FACTUAL BACKGROUND

A. Commitment Offense

In 1982, petitioner pled guilty to second degree murder. (Answer, Ex. A. at 2.)

On May 20, 1982, he was sentenced in the Los Angeles County Superior Court to fifteen years to life in state prison. (Id.) Petitioner entered the California Department of Corrections on May 28, 1982 to begin serving his sentence and became eligible for release on parole on July 24, 1990. Answer, Ex. D. at 4).

The circumstances of petitioner's commitment offense were described at his October 23, 2002 parole suitability hearing, as follows:

PRESIDING COMMISSIONER ANGELE: Mr. Jackson, you were involved in a shooting that took the life of one Frederick Jenkins; is that true?

INMATE JACKSON: Yes.

PRESIDING COMMISSIONER ANGELE: You know, I read the report, did it ever establish whose gun the bullet came from?

INMATE JACKSON: Not that I'm aware of. I'm not sure.

PRESIDING COMMISSIONER ANGELE: Mr. Sousa, do you know that?

DEPUTY DISTRICT ATTORNEY SOUSA: I do not.

PRESIDING COMMISSIONER ANGELE: I couldn't find it in all of mine. Now apparently there was a number of you that had guns.

INMATE JACKSON: Yes.

PRESIDING COMMISSIONER ANGELE: And it was an altercation, I recall, that wound up actually splitting up. They left, the rival gang members left, and then came back. Is that what happened?

INMATE JACKSON: No.

DEPUTY DISTRICT ATTORNEY SOUSA: I believe it was the other way around. The inmate and his gang members left after the initial fight and came back with firearms.

PRESIDING COMMISSIONER ANGELE: Okay.

INMATE JACKSON: Excuse me, Sir. I'm not aware of an initial fight. But there was a fight that took place at the time that I was at the school just before the shooting started. Anything prior to that, I don't know about. I'm not aware of.

PRESIDING COMMISSIONER ANGELE: What was the other gang? Do you remember what they were?

INMATE JACKSON: They were called the (indiscernible) Crips.

PRESIDING COMMISSIONER ANGELE: And you guys were Bloods?

INMATE JACKSON: No, Crips.

PRESIDING COMMISSIONER ANGELE: Another part of the Crips?

INMATE JACKSON: Yes.

PRESIDING COMMISSIONER ANGELE: Why did you get involved in this in the first place?

INMATE JACKSON: Excuse me?

PRESIDING COMMISSIONER ANGELE: Why were you involved in this in the first place. Did some of your gang members come and want to get some help?

INMATE JACKSON: No, I'm not sure--clear about what you're asking me.

PRESIDING COMMISSIONER ANGELE: Why were you involved in the first place in the shooting?

INMATE JACKSON: Actually, after this fight happened at the school, which took place right next to me, some shooting started right after the fight started. And after the shooting started, I started shooting as well because I was young and at a location where everything was taking place. I participated in the shooting once everything began. Did I answer you?

PRESIDING COMMISSIONER ANGELE: Yes.

INMATE JACKSON: Excuse me, at the school, there was a function that night. It was a homecoming celebration or something like that. We were waiting outside the boys' gym area. Waiting to get inside the gym where the celebration was going to be held before all of this took place. The fight started and then the shooting.

PRESIDING COMMISSIONER ANGELE: What happened--Where did your gun wind up at? Your gun?

INMATE JACKSON: In terms of what?

PRESIDING COMMISSIONER ANGELE: What did you do with it?

INMATE JACKSON: Once I got finished with it, I thought I threw it away, but I didn't. And I don't know how it came up later, but I did get rid of it myself.

PRESIDING COMMISSIONER ANGELE: The report said a lot of guys went to Payton's (phonetic) apartment and left their guns there.

INMATE JACKSON: No, Sir. After the shooting happened at the school, everybody went home I thought.

PRESIDING COMMISSIONER ANGELE: Okay, well this indicates that they went to Payton's apartment. Some of them left their guns there--I'm sorry, to get their guns there--I'm sorry, to get their guns. I'm not--Tell you what, I'm going to recess.

DEPUTY DISTRICT ATTORNEY SOUSA: Okay.

PRESIDING COMMISSIONER ANGELE: I need to (inaudible).

[Off the record]

DEPUTY COMMISSIONER CASSADY: We're back on record.

PRESIDING COMMISSIONER ANGELE: Thank you. All right, the question I'd asked you is how did you get involved. There was an altercation?

INMATE JACKSON: Yes.

PRESIDING COMMISSIONER ANGELE: At the school.

INMATE JACKSON: Yes, sir.

PRESIDING COMMISSIONER ANGELE: It indicates that they went to somebody's house and retrieved their gun. This would be your homeboys. How did you get involved in this situation at that point?

INMATE JACKSON: Well, we had already planned to meet up at the school and go to the celebration.

PRESIDING COMMISSIONER ANGELE: Right. Okay.

INMATE JACKSON: And at that point when I got to the school, I think I went with maybe two or three people. And some other guys met us there. We didn't meet up prior to coming to the school. Most of us met up at that point. And when we went--when we got there, I already had a weapon on me. And I think a couple of other guys did, too. Maybe two or three if I'm not mistaken. It's not that we met up anywhere to go get guns. I came there with one.

PRESIDING COMMISSIONER ANGELE: Yeah, but the report does indicate that someone apparently went to Payton's apartment where they had left their guns to retrieve them apparently.

INMATE JACKSON: That could be true. But as far as my--as far as my involvement, I met some of these guys at the school.

PRESIDING COMMISSIONER ANGELE: Okay. You and a couple of guys stayed at the school.

INMATE JACKSON: Yes.

PRESIDING COMMISSIONER ANGELE: Okay.

INMATE JACKSON: No, we met up at the school. It's not that they left and left us there, we all--at some point we decided at a ...


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