How Long Before a Pardon

[acip4u]

My question involves criminal law for the state of: CA
My friends son has been in prison for 30yrs his crime is attempted murder, rape, sodomy, with 2 other men they were young at the time of their crimes, he did not engage in rape or the sodomy but did act on the attempted murder, the victim did not die, the other victim a young man was murdered by the other 2 guys, the trial was held with both cases going on simultaneously, it was a 2 ring circus, the judge tried to change the jury's mind, he wanted the death penalty and the jury did not want my friend to receive the death penalty. So the 2 of 3 men received life sentence and said they would be out in 12 to 15 years as you can see this is a very unique case and should be reviewed please read and answer!!! NEED HELP

[LawResearcherMissy]

On what grounds do you think a pardon would be granted?

[free9man]

What was he charged with and what was he convicted of? What was the EXACT wording of his sentence? The judge's actions, while probably unethical, sound like they occurred during the penalty phase of the trial. If he was convicted 30 years ago, he may not have much avenue to challenge his conviction. He may be able to seek a new sentencing due to the judge's apparent influencing of the jury but it's not likely.

So the 2 that received life, have they been paroled yet? If not, he can't complain about still being in, well he can't really complain anyway.

It does not matter that he only participated in the attempted murder if all the alleged crimes were part of the same incident. He was a party to all of them. If someone died, as your difficult to understand post seems to indicate, it is a miracle he wasn't charged with murder as well.

There will not be a pardon for this. Did you mean parole? That depends on his sentencing and his behavior while inside.

[flyingron]

I'm not sure what is particularly unique about this. I think whoever "they" were who said the lifers were getting out in 12 years was excessively optimistic. In fact, even without the "without parole" restriction, the prospects of someone serving a life sentence in California getting parole is pretty bleak. Given the horrendously violent crime here, it would seem unlikely. The first step of the application for the Pardon is still the parole board and that's going to be a tough nut. There are lawyers that specialize in these sort of applications, but this one will be a very difficult nut.

[acip4u]

The other two recieved i think the same sentance, they both are still in prison as well, my friend was 21 at the time of the incident never been in trouble, first offence, it just seems that he paid his debt for the crime he commited or am i dreaming, i know we need a miracle here in this case. I want to thank all who have responded to my post.
God Bless

[free9man]

It is highly unlikely a miracle is going to happen. If he was sentenced to life without the possibility of parole, which it sounds like, that's what it means. He will spend the rest of his natural life, barring some kind of compassionate release when he's 80 and sick, in prison. According to what society deemed his debt to be, life in prison, he is NOT done paying. He was part of a heinous, violent series of crimes and must finish his sentence. First offense or not. in a crime as you described, there will be no mercy by the state.

[acip4u]

Thank You I understand what you are saying, a Miracle is not going to happen, its hard to think that this man did act on those heinous crimes.
Than You again.