In re Gaul
In January 2009 this court granted Paul E. Gauls petition for writ of habeas corpus and directed the Board of Parole Hearings (Board) to find Gaul suitable for parole unless, within 30 days of the finality of this decision, the Board holds a hearing and determines that new evidence of Gauls conduct in prison subsequent to his 2007 parole hearing supports a determination he currently poses an unreasonable risk of danger to society if released on parole. (In re Gaul (2009) 170 Cal.App.4th 20, 40 (Gaul I).) In March 2009, following a further parole consideration hearing, the Board found Gaul suitable for parole. However, on July 21, 2009 Governor Arnold Schwarzenegger reversed the Boards decision, in part because of statements in the Boards suitability decision suggesting to the Governor that Gaul lacked insight into the circumstances of the commitment offense and had unresolved anger management problems, evidence that, together with the gravity of the crime, indicated that Gaul still poses a risk of recidivism and violence and that his release from prison at this time would pose an unreasonable risk to public safety.
On September 11, 2009 Gaul filed a new petition for writ of habeas corpus in this court, challenging the Governors reversal decision on the grounds it violated Gauls federal and state constitutional right to due process because it was not supported by some evidence that he is a present danger to society and, in contravention of this courts order in Gaul I, supra, 170 Cal.App.4th at page 41, considered statements that had been made and matters that had occurred prior to 2007. Utilizing the standard articulated by the Supreme Court in In re Lawrence (2008) 44 Cal.4th 1181 (Lawrence) and In re Shaputis (2008) 44 Cal.4th 1241 (Shaputis), as applied in Gaul I, we agree the Governors reversal decision is not supported by any evidence that Gaul currently poses an unreasonable risk of danger to society if released from prison. Accordingly, we grant the petition for writ of habeas corpus, vacate the Governors decision and reinstate the Boards parole release order.
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