Last year, I
posted in the justice forum about Steven Martinez, who's served a 157-year prison sentence since 1998 for rape. In 2001, he became severely physically disabled after being stabbed. While California has a new medical parole law for disabled inmates, the state parole board
ruled against granting him parole. His condition:
Court documents show that he has no motor power in his arms and legs, can barely move his head, does not have control over his bowel or bladder and has "no chance of regaining any motor skills."
His medical bills now average $625,000 a year; three years ago, he was rejected for compassionate release, which allows a court to "recall" an inmates' sentence if he is terminally ill and expected to die within six months, or medically incapacitated. Medical parole is different, because people released would have conditions imposed and could be sent back to prison if they violate those terms, or if their medical condition improves.
In 2010, Gov. Arnold Schwarzenegger (R) signed a bill authored by State Sen. Mark Leno (D-San Francisco) that would grant medical parole to physically incapacitated inmates who are deemed no longer a threat to public safety.
So why did the parole board say no?
Board commissioner John Peck and deputy commissioner Dan Moeller disagreed.
"This panel finds that he is a violent person who can use other people to carry out threats and would be a public safety threat to those attending to him outside prison walls," Peck said.
The commissioner said it was a "tough decision," but noted that female staff members were the target of Martinez's ire in eight of the nine formal disciplinary cases that have been brought against him since 2003.
That is significant, Peck said, "because his commitment offense was a very violent attack and rape of a female."
Do you think it's still worth it keeping this convicted rapist behind bars even though he can't even move by himself or use any weapons? In the wake of the Supreme Court's recently ordering California to shrink its prison population.