Posted on 10/18/2006 9:48:53 AM PDT by NormsRevenge
Gov. Arnold Schwarzenegger lacks legal grounds to deny parole to a feeble inmate who has been behind bars since 1989 for killing the wife of a Los Angeles County man who bought his restaurant and then refused to pay, an appeals court ruled Tuesday.
Schwarzenegger overruled a recommendation from the California Board of Parole Hearings last year when he refused to approve the release of Wen Lee, 87. Calling Lee's crime "atrocious," the governor said at the time that Lee did not accept responsibility for the second-degree murder of Tuai Li-Chin and the attempted murder of her husband, Johnny Soong.
But the Los Angeles-based 2nd District Court of Appeal said that Lee should be freed from prison because the state had not shown he still was a danger to society. The court noted that Lee has diabetes and high blood pressure among other infirmities and would probably be deported to his native China if he were paroled.
"We find no evidence that Lee is likely to commit another crime or that his release would unreasonably endanger the public," said Justice Laurence Rubin in the 3-0 decision.
Nathan Barankin, a spokesman for California's attorney general, said state's lawyers would consult the governor's office before deciding whether to appeal the ruling to the state Supreme Court. The high court has said previously that a governor can veto a recommendation from the parole board to free an inmate with a sentence if there is a sound reason for doing so.
Lee pleaded guilty to the murder and attempted murder charges in 1989 and was sentenced to life in prison with the possibility of parole. According to court papers, he shot Tuai Li-Chin accidentally during a meeting with her and her husband, who had bought Lee's restaurant and then refused to pay the money Lee intended to use to fund his retirement.
Lee went to the meeting planning to kill Soong and kill himself. Soong was hit by two bullets and one struck his wife.
Lee's lawyer, Roger Hanson, said the ruling could set a helpful precedent for other cases involving elderly or sick inmates.
"It shows that certain prisoners who have done a lot of time and are infirm and pose no risk to society should be paroled," he said.
Let him rot
"But the Los Angeles-based 2nd District Court of Appeal said that Lee should be freed from prison because the state had not shown he still was a danger to society."
He's in prison because he killed someone, not because he's a danger to society. Leave him in there.
You do the crime; you do the time.
This is why we need the death penalty, so that these creeps won't be released when the leftists get back into power.
Somebody's not understanding the meaning of "life in prison."
well, if he's truly sorry and his victim comes back to life, then we can set him free.
until then, throw away the key.
This is irrelevant. He is a convicted murderer. He should serve his sentence until it's end.
Euthanasia?
Well, well. The Governor lacks legal grounds to make up his own mind on who deserves parole? Laughable.
-PJ
That's not the point. He's in prison as punishment for his crime, not just because he may be a danger to society.
Like california jury will ever hand out the death penalty here in california. Even if they do, it' likely wont survive appeal.
What kind of evidence would they have while he's in prison? They wouldn't know for sure until they let him loose and he tries to kill someone else.
BUT
I can remember a few times being screwed in deals... I had thoughts, and if thoughts could kill, they would have.
Go back 150 years to the opening of the west....and Mr. X reneges on his deal to give Mr. Y money for the property that was taken and being used by Mr. X. In a town lets say like Deadwood, Mr Y would have had the right and the duty to fill him with lead.
Now I aint saying its right, and I already said that the innocent bystander part of the deal was a crime....But there is no honesty in business dealings any more and the handshake means nothing.
Courts that think they know better than the Governor/legislature are the real threat to society.
I'll tell you what's scary to me.....I think exactly like you on this matter and that is scary!
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