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Suit seeks to nullify Schwarzenegger commutation
AP via SacBee ^ | 5/11/11 | JULIE WATSON - Associated Press

Posted on 05/11/2011 6:25:25 PM PDT by SmithL

SAN DIEGO -- San Diego County prosecutors asked a state court Wednesday to overturn former Gov. Arnold Schwarzenegger's last-minute decision to slash the prison sentence for the son of former Assembly Speaker Fabian Nunez, his friend and political ally.

The civil lawsuit filed in San Diego County Superior Court is the latest fallout from the Republican governor's decision, which angered prosecutors, the victim's family and other Republicans.

A day before his term ended in January, Schwarzenegger cut by more than half the sentence for Esteban Nunez, to 7 years from 16 years. The younger Nunez pleaded guilty in the 2008 in the stabbing death of a San Diego college student, 22-year-old Luis Santos.

... Schwarzenegger considered Nunez's 16-year sentence "excessive," in part because he had no prior criminal record and did not inflict the fatal wound on Santos. Nunez stabbed two others during the fight that broke out after he and his friends were kicked out of a fraternity party at San Diego's Mesa College.

... He said he knew the younger Nunez well, felt good about his decision and acted because of his "working relationship" with the elder Nunez, a Democrat who frequently cooperated with the Republican governor in the Legislature.

(Excerpt) Read more at sacbee.com ...


TOPICS: Crime/Corruption; Extended News; Government; US: California
KEYWORDS: cultureofcorruption; dumanis; estebannunez; fabiannunez; goldenstate; governator; nunez; pardonator

1 posted on 05/11/2011 6:25:34 PM PDT by SmithL
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To: SmithL
The civil lawsuit filed in San Diego County Superior Court is the latest fallout from the Republican governor's decision

I'm going to sue to stop the media from referring to him as "Republican."

2 posted on 05/11/2011 6:29:58 PM PDT by ElkGroveDan (My tagline is in the shop.)
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To: ElkGroveDan

He’s “progressive” when it suits the Enemy’s agenda, and “Republican” when it does as well. In any case, he’s history.


3 posted on 05/11/2011 6:32:30 PM PDT by kearnyirish2
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To: ElkGroveDan

Former Socialist Governor who masqueraded poorly as a Republican. I had to laugh when I saw some article the other day that claimed Ah-nold and Maria were “polar political opposites.” Does that mean Maria is the Conservative ?


4 posted on 05/11/2011 7:01:39 PM PDT by fieldmarshaldj (~"This is what happens when you find a stranger in the Amber Lamps !"~~)
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To: fieldmarshaldj

“The family’s lawsuit also does not dispute that a governor has broad constitutional powers to pardon criminals, commute sentences or grant clemency for whatever reasons he chooses.”

The power of an executive to grant pardons is absolute.
If you start limiting it according to political whim or because someone doesn’t agree with it, the power to pardon will be gone.


5 posted on 05/11/2011 7:38:44 PM PDT by CondorFlight (I)
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To: CondorFlight

Yeah, sounds like the court should chuck out the case.


6 posted on 05/11/2011 8:47:32 PM PDT by HiTech RedNeck (Hawk)
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To: CondorFlight

Actually, Texas did back the gubernatorial pardon out of their constitution due to some notoriously lenient gubernatorial pardons during the Bonnie and Clyde era (but that’s different from a court presuming to force it out). Now it has to get the nod from a committee.


7 posted on 05/11/2011 8:50:35 PM PDT by HiTech RedNeck (Hawk)
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To: ElkGroveDan

“Republican” voters have a much higher definition of the word than legislators or other elected officials do. Having that (R) means you’ve qualified for a taxpayer financed retirement, not how you must vote on a Bill. Think RINO and you’ll understand better.


8 posted on 05/11/2011 10:54:06 PM PDT by B4Ranch (Allowing Islam into America is akin to injecting yourself with AIDS to prove how tolerant you are..)
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To: B4Ranch
Think RINO and you’ll understand better.

I will understand? I find that insulting. This is my life, I live it every day. I "understand" these people as thoroughly as anyone posting here.

9 posted on 05/12/2011 7:26:29 AM PDT by ElkGroveDan (My tagline is in the shop.)
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To: All; CondorFlight
The power of an executive to grant pardons is absolute.

I guess you didn't read the full story.

In 2008 CA passed Prop 9 which "requires that victims receive notice and have a chance to be heard before sentences are reduced, that their safety be considered in any such decisions, and that victims can expect to have criminals punished by the sentence imposed by the court."

Arnold did not comply and admits it. That's the basis of the lawsuit.

Cynics will note DA Dumanis (R) has also announced she is running for Mayor of San Diego in 2012.

10 posted on 05/12/2011 8:45:56 AM PDT by newzjunkey (Stay focused: Debt, Deficits & Immigration.)
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To: ElkGroveDan

I apologize for insulting your intelligence. Please, I didn’t mean to. It’s just that after reading these comments from FReepers who truly believe their elected “Republican” official whose been in office for three terms is going to change directs all of a sudden and start being concerned with the needs of us citizens. America has been going downhill faster and faster and SPINELESS “Republicans” are just as much at fault as the Progressive Communist Democrats.

Too many Americans are stupid, dumbed down by the media. They refuse to examine someones history before they vote for him/her. Is he/she good looking? That seems to be a must these days. They refuse to look beyond the headlines. We see that everyday with FReepers posting who have not read the entire article, even scanned the entire article because I notice the last paragraph is where the meat is. They’ll skip right over it and think they’ve learned something because they’ve read the headlines and the first sentence.

Have you noticed the quality of debates has sunk way down in the past five years on FR?


11 posted on 05/12/2011 9:00:01 AM PDT by B4Ranch (Allowing Islam into America is akin to injecting yourself with AIDS to prove how tolerant you are..)
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