parole board

Gov. Gavin Newsom commuted the sentences of five inmates serving life without parole for murder, saying Friday that they deserve a chance at freedom after transforming their lives.

In all, the governor pardoned 23 people and commuted the sentences of 10 others. Newsom’s office said that many of those offered clemency had experienced childhood trauma and mental health struggles that impacted the choices they made.

Since he took office in 2019, Newsom has granted 247 pardons, which restore some rights to former felons, such as the ability to serve on a jury or obtain a professional license. He has also approved 160 commutations, which reduce sentences so that an inmate can appear before a parole board and potentially be released.

In this round, Newsom pardoned people convicted of assault with a deadly weapon, burglary, attempted murder and drug crimes. His office highlighted that pardons were prompted by what individuals did in the years after those convictions and were at the recommendation of elected officials, law enforcement officers and community leaders.

Among those whose sentences were commuted was Randolph Hoag, who was 28 years old in 1990 when he was convicted in Los Angeles County of murdering his girlfriend’s ex-husband. The Times reported that Hoag, a truck driver, shot Charles Sweed six times in the back before running away.

Newsom said Hoag, now 63, has “demonstrated a commitment to his rehabilitation and self-improvement” and is considered “a high medical risk based on his chronic, serious medical conditions.” Hoag will now be eligible to appear before the Board of Parole hearings, which decides whether a person is a risk to the community after considering input from victims, their families and prosecutors.

“This act of clemency for Mr. Hoag does not minimize or forgive his conduct or the harm it caused,” Newsom wrote in his order. “It does recognize the work he has done since to transform himself.”

Sweed’s sister, Cremae Sweed, became emotional Friday after learning from The Times that Hoag’s sentence was reduced. She said a prosecutor assured her that Hoag would never be released. Her brother, who had a 5-year-old daughter, served in the Marines and owned a tow truck company. Her family was never the same after his death, she said.

“My brother has been dead longer than he was alive, and [Hoag] is still alive,” she said. “He deliberately killed another man, so no, I don’t want him out, and he shouldn’t come out.”

Many of those granted clemency Friday were young adults when they committed their crimes, including Christian Rodriguez, who was 19 when he killed one victim and injured another in 1996. Rodriguez, 47, will now be eligible to appear before the parole board.

“Mr. Rodriguez has worked as both a youth offender and peer literacy mentor, and correctional officers have commended him for his leadership and rehabilitative gains,” Newsom wrote.

Others whose lengthy sentences were reduced included:

• David Fitts, who was 23 when he shot and injured one victim, while his accomplice shot and killed a second victim in 1992. Fitts was sentenced to life without parole in Los Angeles County. Newsom said Fitts, 56, has “dedicated himself to his rehabilitation” and has received commendations from correctional officers for his work ethic and good conduct.
• Karina Poncio, who was 21 when her accomplice fatally shot one person and injured another during a gang-related confrontation in 2000. She was sentenced in Orange County to life without parole. Poncio, 47, earned three associate degrees while in prison and is training to become a certified alcohol and drug specialist.
• Cleveland Lindley, who was 25 when he was convicted of a 1995 armed robbery. He was sentenced in San Bernardino County to 75 years to life for three counts of robbery and another 30 years of sentence enhancements, Newsom’s office said. In prison, Lindley, 55, participated in a service dog training program and was commended by correctional staff for his compassion, maturity and work ethic.

Citing evidence of childhood trauma, Newsom reduced the sentence of Arthur Battle, who was 18 when he and an accomplice murdered a person in a contract killing in 2006. He was sentenced in Sacramento County to life without parole plus a 25-years-to-life sentence enhancement.

Newsom’s office said Battle had adverse childhood experiences, a term used to describe a range of traumatic events that can impact a person’s physical, mental and social health.

While in prison, Battle earned his GED, took college courses and works as an aide to inmates with disabilities. Battle, 37, had his sentence commuted to 21 years to life so he can appear before the Board of Parole hearings.

When a Los Angeles County judge resentenced Erik and Lyle Menendez on Tuesday, he offered the brothers a path to freedom for the first time since they were given life in prison for killing their parents with shotguns in 1989.

The latest development makes Lyle, 57, and Erik, 54, eligible for parole — but that is just one of three avenues that could enable them to walk free after 35 years behind bars.

In the coming months, several different judges, parole commissioners and even Gov. Gavin Newsom could still have a hand in the brothers’ fate.

When could they get parole?

Tuesday’s decision by L.A. County Superior Court Judge Michael Jesic modifies the brothers’ original sentence to 50 years to life. Under the state’s youthful offender law, both are immediately eligible for parole because the shootings happened before they turned 26.

A parole hearing probably will be scheduled before the end of the year, according to lawyers working with the Menendez defense team. At the hearing, a panel of commissioners could deem the brothers suitable for parole, but that decision is not final on its own. A 90-day review period would follow, and Newsom could block their release.

Nothing had been scheduled as of Wednesday. At a parole hearing, the brothers will have to take accountability for their crimes and argue to commissioners that they are unlikely to re-offend. In statements delivered in court on Tuesday, they appeared contrite and emotional when revisiting the murders.

“My actions were criminal, selfish, cruel and cowardly,” Erik Menendez said Tuesday. “I have no excuse, no justification for what I did. … I take full responsibility for my crimes.”

Lyle also said he made “no excuses” for felling his mother and father with shotgun blasts, and apologized to the nearly two dozen relatives who have spent years fighting for his release.

“I’m so sorry to each and every one of you,” Lyle told the court Tuesday. “I lied to you and forced you into a spotlight of public humiliation you never asked for.”

How else could they be released?

Before the resentencing process began, Erik and Lyle’s attorneys also filed an application for clemency with Newsom. If the governor grants clemency, their sentence would be commuted immediately and they could walk right out of the Richard J. Donovan Correctional Facility in San Diego, where they’ve been housed for years.

A remote clemency hearing is scheduled for June 13, with the brothers set to appear virtually before the parole board. On that day, the board can make a recommendation to Newsom on their suitability for release — which could also forecast their fortunes at an eventual parole hearing.

There is no timeline for Newsom to act on the clemency application, and he is not required to respond to it. The governor has already announced a potential change to statewide parole processes in connection with the case.

The brothers also have a pending petition for a new trial. In the motion, defense attorney Mark Geragos pointed to additional evidence of sexual abuse committed by Jose Menendez, including a fresh allegation from a member of the boy band Menudo.

The brothers have long argued they carried out their crime for fear their parents would kill them to cover up years of sexual abuse committed by Jose.

What’s next for the district attorney?

Los Angeles County Dist. Atty. Nathan Hochman thrust himself into the center of the Menendez case even before he was elected, attacking his predecessor’s decision to seek to have the brothers resentenced last year despite having no access to files on the case.

Hochman asserted that former Dist. Atty. George Gascón filed the petition only to save his failing reelection bid and promised to review the case after he was inaugurated.

In March, Hochman formally announced his opposition to their resentencing, saying the brothers still had not shown proper “insight” into their crimes by atoning for lies they told about their motives in the case and attempts to get witnesses to give fabricated testimony at their original trials.

Despite Jesic repeatedly warning prosecutors that those arguments weren’t legally appropriate for a resentencing hearing, Hochman’s team barreled ahead, ultimately ending in the most high-profile loss of Hochman’s early tenure as district attorney.

Hochman said Wednesday he still considered his opposition to their resentencing a success because it presented to the judge, parole board and governor — all of whom would have a say in the brothers’ fate — a “full record of the facts.”

Hochman maintained that he did not believe the brothers should be released and said prosecutors will “participate” in any future parole hearings.

Hochman could also potentially appeal Jesic’s ruling. The district attorney’s office did not immediately respond to an inquiry about that approach.

Times staff writers Richard Winton and Matthew Ormseth contributed to this report.