In re Fowler
Does insight into one’s past actions require a complete understanding of those actions, or is remorse and regret over the results of those actions enough? In this case we consider just such a conundrum. In November 1983 22-year-old defendant Chris Fowler beat 22-month-old Aaron Miller to death. Defendant was convicted of murder in the second degree and sentenced to 15 years to life with a minimum eligible parole date of December 23, 1993. On November 8, 2010, the Board of Parole Hearings (Board) found defendant suitable for parole. However, the Governor reversed the Board’s decision, concluding that if released, defendant would pose an unreasonable risk to public safety. Defendant filed a petition for writ of habeas corpus in the trial court, which the court denied.
Subsequently, defendant filed a petition for writ of habeas corpus in this court and we issued an order to show cause. Defendant contends there is no evidence supporting the Governor’s stated reasons for reversing the grant of parole. Cognizant of the rule that the Governor’s decision need only be supported by a “modicum†of evidence, we nonetheless conclude the Governor’s decision is not supported by evidence that defendant will pose an unreasonable risk of danger to society if released from prison.
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