In re Poole
Annotate this CasePetitioner was 19 years old when, driving on the freeway, he shot an assault rifle out of the window, killing the driver of another car. Petitioner had been a narcotics dealer for several years. Petitioner was convicted in 1990 and sentenced to 20-years-to-life. During his incarceration, Petitioner had seven rules violations; four were for violence. His most recent violation was in 2007, for possession of a cell phone. Since 1997, he had participated in, completed or facilitated numerous self-help programs, becoming a mentor in the Substance Abuse Program and Long-Term Offender Program and a certified alcohol and substance abuse counselor, and earning an AA degree. He was commended for his positive attitude and leadership qualities. Psychologists who assessed him in 2010, 2015 and 2017 all concluded his risk of violence in the community was low. The Board of Parole Hearings found him unsuitable for release, concluding that Petitioner lacked insight into his crime. The court of appeal found no evidence to support the determination that Petitioner presents a current danger to the public. Considering the contrast between the irrationality, impulsivity and recklessness of Petitioner as a 19-year-old, and the evidence of his subsequent development of maturity, the Board did not adequately consider the directive of Penal Code sections 3051 and 4801(c), to provide a “meaningful opportunity to obtain release,” with “great weight” given to “the diminished culpability of youth.”
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