In re Abraham
In 1995 petitioner Abraham Abraham pleaded guilty to a charge of kidnapping for ransom and was sentenced to life in prison with a possibility of parole. Abraham, now 46 years old, has remained in prison for the past 12 years and appears to have been an exemplary prisoner. Nevertheless, the Board of Parole Hearings (BPH) found him unsuitable for parole at hearings conducted in 2001, in 2003, and finally in 2006. The most recent denial, challenged by this petition for writ of habeas corpus, was based on the BPH's conclusion that Abraham was not suitable for parole because he posed an unreasonable risk of danger to public safety were he released from prison, even though evaluations have concluded his risk of danger to the public, were he paroled, is no greater than the risks posed by an average unincarcerated citizen.Abraham asserts the BPH's conclusion has no evidentiary support, and therefore violates his due process right to parole. He argues its conclusion was improperly based solely on the circumstances of his offense and there is no evidence he currently poses a risk of danger to public safety. Court would deny Abraham's petition.
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