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Posted on 11/19/2007 4:13:42 PM PST by SmithL
A wealthy Los Altos Hills businessman who has been in prison since 1986 for murdering his wife should be paroled, a state appeals court has ruled, rejecting arguments by Gov. Arnold Schwarzenegger that the gravity of the case ought to keep the killer behind bars.
John Dannenberg, 66, has repeatedly been denied parole since he was sentenced to 15 years to life in prison for second-degree murder in the May 1985 slaying of his wife, Linda. In 2005, after the state Supreme Court barred his release, the state parole board reversed course and decided that he could be freed. Schwarzenegger reversed that decision, however, saying the slaying was "especially heinous" and that the seriousness of the offense supported keeping Dannenberg in prison.
But in a ruling Friday, the Sixth District Court of Appeal in San Jose said, "No evidence in the record that was before the board supports a conclusion that, due solely to the nature of its commitment offense, Dannenberg currently poses an unreasonable risk of danger to society if he is released."
In a unanimous ruling, the three-judge panel noted that the governor had acknowledged that Dannenberg was suitable for parole when other factors were taken into consideration.
"His social history is extremely stable, and he has remained close to his family throughout his incarceration," said the ruling written by Justice Nathan Mihara. "The psychological reports have repeatedly found that he does not suffer from any mental problems. His prison record is spotless, and he has made realistic and solid parole plans."
According to Dannenberg, his wife attacked him first with a screwdriver in their Los Altos Hills home May 15, 1985. He said he had hit back with the wrench, then had blacked out and awakened to find her body in the bathtub.
(Excerpt) Read more at sfgate.com ...
By O.J. standards his term was draconian.
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Did these judges forget this man murdered his wife and was convicted for it?
What has the court got to do with this. I guess I do not understand
In this particular case, what the gov did was neither cruel nor unusual and the court should not accept the case.
Remember, “he remained close to his family during his incarceration”, EXCEPT TO HIS WIFE.
Gee, Ted Kennedy remained close to his family during “Chappaquidick”, “Skakel killing”, and even when he was cheating on his wife.
What do these two men have in common? Both killed a woman and can’t remember it. However, Kennedy still is at LARGE.
http://www.courtinfo.ca.gov/opinions/revpub/A095299.DOC
The trial court states that Linda Dannenberg attacked her husband. He sustained defensive wounds and probably went nuts. It’s a clear case of 2nd degree murder with some blame placed on the victim. Parole is appropriate.
The woman is hit on the head several times with a wrench, but the man loses consciousness? How convenient.
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