h*l
发帖数: 807 | 1 keywords:
" co-defendant told police the son of former California Assembly Speaker
Fabian Nunez had boasted that his dad would get them out of trouble."
"Arnold Schwarzenegger's decision during his final hours in office to reduce
the manslaughter sentence of Esteban Nunez from 16 to seven years sparked
criticism that he was doing a political favor for an old ally."
================================
SAN DIEGO—When Esteban Nunez was arrested after a stabbing death in 2008, a
co-defendant told police the son of former California Assembly Speaker
Fabian Nunez had boasted that his dad would get them out of trouble.
The parents of the victim said Monday that Esteban Nunez was right—
political connections had helped.
Outgoing Gov. Arnold Schwarzenegger's decision during his final hours in
office to reduce the manslaughter sentence of Esteban Nunez from 16 to seven
years sparked criticism that he was doing a political favor for an old ally.
The move came even though a judge had agreed with prosecutors less than
three months ago that Nunez's 16-year term should not be shortened.
"The courts agreed this was a correct sentence, so they decided to go the
political route," said Fred Santos, who son Luis was killed in the
confrontation involving Nunez and others who were upset after being ejected
from a fraternity party in San Diego.
"All along this was my concern, that the politicians would interfere,"
Santos said.
The family learned of the governor's decision when a reporter called late
Sunday.
"I think it's very sneaky," said Kathy Santos, the victim's mother. "It's
just a political deal."
San Diego County District Attorney Bonnie Dumanis, whose office prosecuted
Nunez, was also critical.
"We were shocked to hear of the governor's last-minute commutation, which
greatly diminishes justice for victim Luis Santos
Advertisement
and re-victimizes his family and friends," Dumanis said in a statement. "The
district attorney's office was not consulted, and the decision comes as the
appeals process was continuing."
Schwarzenegger turned and walked away when a reporter for The Associated
Press asked about the 21-year-old Nunez on Monday at the inaugural ceremony
for Gov. Jerry Brown.
Luis Santos was a 22-year-old business student at San Diego's Mesa College
when he was stabbed to death in the driveway of San Diego State University's
Peterson Gym. Three others were injured, including two people who were
stabbed by Nunez.
Soon after the crime, co-defendant Leshanor Thomas told police that Esteban
Nunez had assured him he would "take the rap" for whatever happened and that
"hopefully his dad would take care of it and could get them off on self-
defense," court documents said.
As governor, Schwarzenegger, a Republican, had worked closely with Democrat
Fabian Nunez, who held one of the most powerful leadership positions in the
state from 2004 to 2008.
Schwarzenegger and Nunez worked on California's landmark global warming law
and on health care reform that ultimately failed in the state Senate. They
also crafted several budgets.
Schwarzenegger's commutation document notes that Esteban Nunez received the
same sentence as co-defendant Ryan Jett, despite the court acknowledging
Jett was the one who stabbed and killed Santos, and that Jett had a
significant criminal record while Nunez had none.
"Considering Nunez's limited role in the killing and his clean prior
criminal record, I believe his sentence is disproportionate in comparison to
Jett's," Schwarzenegger said in the order.
San Diego Superior Court Judge Robert O'Neill rejected that argument in
September.
"I have given this a great deal of thought and I see no basis either in law
or in fact where the court could properly exercise its discretion and
resentence Mr. Nunez," the judge said at the time.
Esteban Nunez said in court documents that he agreed to plead guilty in May
to reduced charges of manslaughter and assault with a deadly weapon because
he believed he would get less than the maximum sentence. Nunez was initially
charged with murder, which carries a potential sentence of life in prison.
His attorney, Bradley Patton, said in court documents that the judge agreed
during discussions in his private chambers that Nunez should be treated
differently than Jett, considering Jett had a felony record and that he was
the one who fatally stabbed Santos.
Court transcripts show that O'Neill told Nunez before he pleaded guilty that
he faced a maximum sentence of 16 years in prison, with eligibility for
parole after 13 1/2 years.
Fabian Nunez is now a political consultant at Mercury Public Affairs, where
he works with Schwarzenegger's former communications director, Adam
Mendelsohn. Steve Schmidt, who ran Schwarzenegger's 2006 re-election
campaign, worked at the same firm until recently.
Calls to the office of Fabian Nunez were referred to Patton, who said the
family was thankful for the governor's action. Patton denied the move came
because of political favoritism and claimed Esteban Nunez was singled out
for harsh treatment by the judge because of his father's position.
Shaun Bowler, a political science professor at the University of California,
Riverside, said the move smacked of favoritism. It appeared to send a
message that there is one set of rules for politicians and another for
everyone else, he said.
"I'm sure there are going to be people lining up for the same treatment for
their kids and relatives caught up in the same situation. I mean, why not?
If you gave it to Nunez's kid, why not my kid?" Bowler said.
There were 3,405 inmates serving sentences for manslaughter in California
prisons as of June 30.
A date for Nunez to become eligible for parole depends in part on whether he
gets credit for good behavior, but corrections department spokeswoman Terry
Thornton said he must serve at least 85 percent of his sentence. |
|
