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Crime & Safety

San Diego District Attorney Raises Commutation Policy Issues

Bonnie M. Dumanis' lawsuit this week pertains to the killing of Luis Santos in October 2008.

 

The San Diego district attorney’s Web site has further information about policy issues surrounding the governor’s commutation power to back up its filing of a potentially groundbreaking lawsuit on behalf of a murder victim who was a college student from Concord.

The lawsuit involved the stabbing death on Oct. 4, 2008 of Luis Santos at a fraternity party at San Diego State University.

Find out what's happening in Concordwith free, real-time updates from Patch.

Two men had pleaded guilty in 2010 to voluntary manslaughter and assault with a deadly weapon. One of them, Esteban Nunez, had his 16-year sentence commuted to seven years by outgoing Gov. Arnold Schwarzenegger in January. Nunez is the son of a former speaker of the California Assembly.

Earlier this week, San Diego DA Bonnie M. Dumanis filed a lawsuit, saying that Schwarzenegger violated Marsy’s Law by failing to notify the families of victims of the stabbings, including Santos’ family in Concord, about the commutation.

Find out what's happening in Concordwith free, real-time updates from Patch.

“We don’t argue with the governor’s constitutional ability to grant pardons or commutations,” Dumanis stated in a news release. “Instead, this last-minute commutation made without all the facts or input from the parties only fueled the public’s mistrust of government and greatly diminished justice.”

Also, Dumanis said she supported Assembly Bill 648, which would require the applicant for a commutation of sentence notify the district attorney 30 days before the governor acts upon the application, giving victims’ families and law enforcement authorities time to make recommendations to the governor.

“This is a step in the right direction and with our lawsuit and the DA’s lawsuit it will overturn the illegal commutation,” the victim’s father, Fred Santos of Concord, said .

 

 

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