San Francisco Mayor Asking For Her Brother's Early Release From Prison

December 20, 2018, 11:05 AM

Skins2881

quote:
Originally posted by Sig209:
quote:
Originally posted by Strambo:
I don't care either way and the "victim" was also an armed robbing scumbag. A 40+ year sentence does sound overly harsh for manslaughter though...our system is out of whack.

yeah you gotta admit 44 years for manslaughter is a long stretch

-------------------------

What about for armed robbery, pistol whipping someone, use of a firearm during a felony, evading police, likely illegal possession of a firearm, and a litany of traffic violations?

December 20, 2018, 01:49 PM

Southflorida-law

quote:
Originally posted by parabellum:
SFL, do you want to take up the case and free the poor, oppressed, wrongly-convicted saint?

Not really, (I never did appeals anyway), just found this version odd. I was looking it up based on a question in this thread as to why MS and not felony murder, good question. So I looked it up and per the article the "killing" was after the robbery, so that answered that question, but then, you read on and it stated Brown was not even in the car? My assumption is the article from 2000 is wrong. A good guess is that it was Brown that tossed her and Sala Thorn was the one "at large"?

Anyway, just thought it would add to the discussion.

December 20, 2018, 01:57 PM

slosig

quote:
Originally posted by RNshooter:
Throw her out of office for perjuring herself at her brother's trial.
Put her in prison for perjury.

Make him serve out his sentence and add more for suborning perjury.

That would be justice.

Bruce

I like the way you think!

The problem is that perjury is lying and Dims think lying is perfectly acceptable and there are far too many Dims in power there for her to ever face any consequences.

December 20, 2018, 02:04 PM

Aglifter

quote:
Originally posted by Strambo:
I don't care either way and the "victim" was also an armed robbing scumbag. A 40+ year sentence does sound overly harsh for manslaughter though...our system is out of whack.

Not for pushing a criminal co=conspirator into traffic... Many places would call that murder... Regardless, what does such a person, possibly, have to offer society?

December 20, 2018, 04:23 PM

snoris

quote:
Originally posted by Aglifter:

Not for pushing a criminal co=conspirator into traffic... Many places would call that murder... Regardless, what does such a person, possibly, have to offer society?

Well, they say that you can be either a shining example or a terrible warning. This guy obviously offers the latter.

December 20, 2018, 04:35 PM

sdy

https://www.leagle.com/decision/infdco20140228c01

From 2014:

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS; GRANTING CERTIFICATE OF APPEALABILITY

Before the Court is the above-titled petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 by petitioner Napoleon Brown , challenging the validity of a judgment obtained against him in state court. Respondent filed an answer to the petition and petitioner has filed a traverse.

On May 10, 2005, a San Francisco County jury found petitioner guilty of murder (Cal Penal Code § 187(a)1), four counts of robbery (§ 212.5) and carjacking (§ 215) and found true robbery and carjacking felony-murder special circumstances (§ 190.2(a)(17)(A) & (L)) and personal use of a firearm and arming enhancements except as to the carjacking count. (Clerk's Transcript ("CT") at 1834-35.) The trial court granted petitioner a new trial on the murder count and he was sentenced to 44 years and fourth months on the other counts. (CT at 2112, 2148.)

Petitioner directly appealed the judgment in the California Court of Appeal. On July 21, 2009, in a reasoned opinion, the California Court of Appeal affirmed the judgment and the order granting petitioner's motion for a new trial on the murder charge. (Ex. 13.2) On October 28, 2009, the California Supreme Court summarily denied the petition for review. (Ex. 15.) Petitioner's state habeas petitions were denied

On November 29, 2011, the prosecution amended the murder charge to involuntary manslaughter and petitioner pled no contest to involuntary manslaughter and was resentenced to a total term of 42 years and four months in state prison on all counts

very detailed account of the incident at the link

December 20, 2018, 08:49 PM

MikeinNC

If they had hung him after the initial trial for the murder, this wouldn't be an issue...

December 21, 2018, 09:53 AM

az4783054

quote:
Originally posted by sdy:
https://www.leagle.com/decision/infdco20140228c01

From 2014:

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS; GRANTING CERTIFICATE OF APPEALABILITY

Before the Court is the above-titled petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 by petitioner Napoleon Brown , challenging the validity of a judgment obtained against him in state court. Respondent filed an answer to the petition and petitioner has filed a traverse.

On May 10, 2005, a San Francisco County jury found petitioner guilty of murder (Cal Penal Code § 187(a)1), four counts of robbery (§ 212.5) and carjacking (§ 215) and found true robbery and carjacking felony-murder special circumstances (§ 190.2(a)(17)(A) & (L)) and personal use of a firearm and arming enhancements except as to the carjacking count. (Clerk's Transcript ("CT") at 1834-35.) The trial court granted petitioner a new trial on the murder count and he was sentenced to 44 years and fourth months on the other counts. (CT at 2112, 2148.)

Petitioner directly appealed the judgment in the California Court of Appeal. On July 21, 2009, in a reasoned opinion, the California Court of Appeal affirmed the judgment and the order granting petitioner's motion for a new trial on the murder charge. (Ex. 13.2) On October 28, 2009, the California Supreme Court summarily denied the petition for review. (Ex. 15.) Petitioner's state habeas petitions were denied

On November 29, 2011, the prosecution amended the murder charge to involuntary manslaughter and petitioner pled no contest to involuntary manslaughter and was resentenced to a total term of 42 years and four months in state prison on all counts

very detailed account of the incident at the link

That answers my questions. He got a plea deal from homicide, multiple robbery charges, carjacking and firearms violations and now wants to be released having served less than 1/3 of his sentence.

Sounds reasonable by CA standards.

December 21, 2018, 09:53 AM

c1steve

quote:
On November 29, 2011, the prosecution amended the murder charge to involuntary manslaughter and petitioner pled no contest to involuntary manslaughter and was resentenced to a total term of 42 years and four months in state prison on all counts

I suspect that what happened, is that Breed's Democratic friends in high places asked the DA's office to reduce the murder charge, as a preliminary for an early release. Now that she has moved higher up the Democratic ladder, she has more clout and everyone can say that 44 years is too much for manslaughter.

In California, some people are more equal than others.
------------
AZ, the charge was reduced after he was found guilty and any appeals had been exhausted. So it was not a plea deal.