Relatives of Manson 'family' murder victims outraged by DA's new policy
Whenever the notorious killer Charles Manson or one of his convicted followers would come up for parole over the last 40 years, a Los Angeles County prosecutor joined victims’ family members at a California state prison to argue against the release.
But when Kay Martley joined a California Board of Parole Hearings video conference to consider parole for convicted Manson "family" killer Bruce Davis earlier this month, she was stunned to learn she would be making the case on behalf of her murdered relative alone.
“I had no one to speak for me," said Martley, 81, whose cousin Gary Hinman was tortured and killed by Manson followers on July 27, 1969. “I felt like no one cares about the victim’s families anymore. We are totally forgotten.”
The absence of a prosecutor was no oversight. It was the result of a policy shift ordered by newly elected Los Angeles County District Attorney George Gascón, who campaigned on promises to reduce the number of people in prison.
The new mandate puts a halt on Los Angeles County prosecutors opposing parole for inmates sentenced to life who have already served their mandatory minimum period of incarceration.
Gascón’s directive is part of a sudden shift in how his district attorney’s office, the largest in the nation, is considering victims’ rights before, during and after criminal trials.
The move is not likely to have a direct effect on Davis’ fate, experts say. Even though the state board recommended parole — the sixth time it has done so — California Gov. Gavin Newsom is expected to deny the convicted murderer’s early release.
But the dynamic of a victim’s family member feeling abandoned by prosecutors represents an unintended — but thorny — consequence of the new push by some progressive-minded district attorneys to stop trying to influence parole decisions.
Gascón is among a handful of district attorneys in places like New Orleans and Brooklyn, New York, to rethink their stance on automatically opposing parole requests. The movement has gained momentum in the wake of the national reckoning over racial inequity in the criminal justice system spurred by the death of George Floyd in Minneapolis police custody last May.
The Davis case illustrates how victims’ family members can feel as if they’re left out in the cold.
"My jaw drops. I'm outraged," said Debra Tate, whose actress sister, Sharon Tate, was murdered by Manson followers.
Tate joined the parole board hearing for Davis earlier this month and said she, too, was shocked by the absence of a prosecutor.
"At the most horrible moment, when you have to relive the gruesome details of the loss of your loved ones, you are now also supposed to perform the job and act as the DA would,” she said.
Under the new policy, Los Angeles County prosecutors will no longer attend parole hearings and will support in writing the grant of parole for a person who has already served their mandatory minimum sentence, Gascón said in a memo to his staffers on Dec. 7, the day he was sworn in to office.
Gascón said should state prison officials determine that a person represents a “high” risk for recidivism, a prosecutor "may, in their letter, take a neutral position on the grant of parole."
Underlying the argument is the idea that state parole officials, not prosecutors, are best equipped to make judgements about whether or not to release inmates.
"The prosecutors’ role ends at sentencing," said Alex Bastian, special adviser to Gascón. "There's been a tug of war between public safety versus equity. The DA believes you can do both."
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