Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

SAN FRANCISCO: Stabbed girl's family sues over parole gaffe
San Francisco Chronicle ^ | 3/28/8 | Anastasia Ustinova

Posted on 03/28/2008 7:56:56 AM PDT by SmithL

Clerical errors led to attacker's release, says suit against state -

The family of a teenage girl who was stabbed and nearly killed last year by a high-security inmate wrongly paroled from San Quentin State Prison has sued the state.

The suit claims Scott Thomas, who was suffering from bipolar disorder, was never treated during his months in solitary confinement in San Quentin. After he was released without supervision on May 18, 2007, Thomas randomly stabbed Loren Schaller, now 16, and 60-year-old Kermit Kubitz at a bakery near Miraloma Park.

Thomas, 26, who was sent to prison nine times for nonviolent crimes between 2000 and 2007, has been declared mentally incompetent to stand trial and is incarcerated at Atascadero State Hospital.

"It's quite clear that there were numerous errors made by the state; they never contacted us to make it right," said attorney Andrew Schwartz of Walnut Creek law firm Casper, Meadows, Schwartz & Cook, who filed the claim. "I hope that the state takes the high road and tries to resolve the case."

The suit, filed in San Francisco Superior Court, seeks unspecified damages. It names the state; James Tilton, secretary of the California Department of Corrections and Rehabilitation; and Robert Ayers, the warden of San Quentin.

The suit says a series of clerical mistakes led to the prison's release of Thomas, who was supposed to be in the custody of his parole officer, and alleges that officials failed to train employees to identify and treat mentally ill inmates.

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


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: attacklawyer; parole; yourtaxdollarsatwork

1 posted on 03/28/2008 7:56:56 AM PDT by SmithL
[ Post Reply | Private Reply | View Replies]

To: SmithL

If he’d been sent to prison nine times in six years, whatever happened to three strikes and you’re out?


2 posted on 03/28/2008 7:59:54 AM PDT by USS Alaska (Nuke the terrorist savages - In Honor of Standing Wolf)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

A truly sick and bizarre story . This bakery is located in a nice quiet section of SF and a block from a very large and nice Catholic school my nieces attend.


3 posted on 03/28/2008 8:06:37 AM PDT by ncalburt
[ Post Reply | Private Reply | To 1 | View Replies]

To: USS Alaska

When was the “3 strikes” rule enacted? When were his violations? How many of the violations were done since the 3 strike rule?

Texas has a 3-strike rule, but the man who attacked me and had 4 priors, wasn’t affected by the rule since the attack against me was the first one since the rule was enacted.


4 posted on 03/28/2008 8:09:46 AM PDT by trussell (I carry because...When seconds count between life and death, the police are only minutes away)
[ Post Reply | Private Reply | To 2 | View Replies]

To: ncalburt

I hope the family gets some money out of this. Just like the relatives of some of the dead in the Wichita rape/killings of Dec 2000. In that case too it was a “clerical error” that allowed one of the scumbags to walk out of prison early. He sure learned his lesson. I guess not getting punished empowered him to go out and slaughter a lot of innocent people.

Wasn’t there also some red tape error that allowed the killer of the student Eve Carson to be back on the streets preying on the innocent? This is intolerable and the officials involved should be punished.


5 posted on 03/28/2008 8:20:50 AM PDT by TNCMAXQ
[ Post Reply | Private Reply | To 3 | View Replies]

To: SmithL

and they wonder why some people support the death penalty, if he’d have been executed this would never have happened!


6 posted on 03/28/2008 8:25:22 AM PDT by mtnjimmi (“When you choose the lesser of two evils, always remember that it is still an evil.” Max Lerner)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
The suit claims Scott Thomas, who was suffering from bipolar disorder, was never treated during his months in solitary confinement in San Quentin. After he was released without supervision on May 18, 2007, Thomas randomly stabbed Loren Schaller, now 16, and 60-year-old Kermit Kubitz at a bakery near Miraloma Park.

Thomas, 26, who was sent to prison nine times for nonviolent crimes between 2000 and 2007, has been declared mentally incompetent to stand trial and is incarcerated at Atascadero State Hospital.

So it would seem that the good folks at San Quentin created a monster, then released him on to society. They should be made to pay, and quite a few CalPERS covered corrections employees should be made to pay as well.

7 posted on 03/28/2008 8:49:55 AM PDT by rednesss (Fred Thompson - 2008)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
After he was released without supervision on May 18, 2007, Thomas randomly stabbed Loren Schaller, now 16, and 60-year-old Kermit Kubitz at a bakery near Miraloma Park.

How does one "randomly stab" someone? Maybe randomly choose someone to stab, and then stab with purpose. Could be a SNL skit..."Hold still while I randomly stab you..."

I'm not making light of the situation, I'm complaining about the reporting.

Pay no attention to the man behind the keyboard.

8 posted on 03/28/2008 8:52:21 AM PDT by BoneHead (We now return control of your computer to you........)
[ Post Reply | Private Reply | To 1 | View Replies]

To: USS Alaska

Since he was convicted of non-violent crimes, they probably didn’t count as strikes. Only specific felonies (can’t tell you which ones) count as strikes.


9 posted on 03/28/2008 9:34:19 AM PDT by pelicandriver
[ Post Reply | Private Reply | To 2 | View Replies]

To: pelicandriver
"Since he was convicted of non-violent crimes, they probably didn’t count as strikes. Only specific felonies (can’t tell you which ones) count as strikes."

I believe the California 3 strikes law says if the first 2 were "violent" or "serious" or both, then the 3rd strike can be for anything including shoplifting, there is a "famous" cases where the guy is serving a life sentence for shoplifting golf clubs.

10 posted on 03/28/2008 11:28:17 AM PDT by rednesss (Fred Thompson - 2008)
[ Post Reply | Private Reply | To 9 | View Replies]

To: rednesss

Shoplifting can easily become a felony depending on the value of goods stolen.


11 posted on 03/28/2008 1:25:01 PM PDT by GATOR NAVY (Your parents will all receive phone calls instructing them to love you less now.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: GATOR NAVY

Just ask Winona Ryder.


12 posted on 03/28/2008 1:31:13 PM PDT by rednesss (Fred Thompson - 2008)
[ Post Reply | Private Reply | To 11 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson