Posted on 12/14/2018 8:33:44 PM PST by Olog-hai
In a rare step, the California Supreme Court has blocked Gov. Jerry Brown’s attempt to issue a pardon to a 37-year-old Cambodian refugee who killed a woman when he was 14 years old.
The court gave no reason for the rejection, but earlier noted it only had the authority to do so in the case of an “abuse of power.”
Brown’s pardon would have effectively stopped Borey Ai’s deportation to Cambodia, a nation where his mother was born but he has never seen.
The governor in the last 10 months has pardoned seven ex-convicts who otherwise faced the threat of deportation to Cambodia, drawing the ire of President Donald Trump, whose administration has stepped up efforts to deport immigrants with criminal convictions. […]
Ai was charged as an adult and convicted in Santa Clara County 1997 of second-degree murder and also of a separate robbery. He was sentenced to 25-years-to-life in prison.
He spent 19 years in prison before parole officials decided he had turned his life around. He walked out of San Quentin prison in November 2016 and into the custody of waiting federal immigration agents who are trying to deport him to Cambodia. After prison, he spent 18 months in federal detention but was freed in May after Cambodia refused to accept him — for now. …
(Excerpt) Read more at apnews.com ...
Is this really where California Democrats are at, worrying about the deportation of a literal child murderer?
He’s not a Mexican or Muzzi, so the court is good with him being deported.
Take his sorry ass back to Cambodia in a military transport, escorted by military combat aircraft ... drop his ass off on the runway and leave.
I would just open the ramp during the flyover and “drop him off.”
I refuse to read this article concerning this Marxist bastard Moonbeam. In reference to the heading, my point is the pardon power is absolute, not subject to court review. Correct?
I don’t think a court has that kind of constitutional power.
I’m trying to decide whether to strap him to a pallet and do a LAPES, or just drop the ramp and kick him in the butt.
Any weapon aimed at the transport gets terminated ...
Was charged with second-degree murder and also of a separate robbery. He was sentenced to 25-years-to-life in prison....e spent 19 years in prison.... After prison, he spent 18 months in federal detention but was freed in May after 'Cambodia refused to accept him' — for now.
It takes at least four votes of the seven justices to block pardons....The governor is required to obtain the court’s approval for pardons and sentence commutations for twice-convicted felons.
Apparently, the California Supreme Court can do this when they see an abuse of power in the governor’s case.
That’s from Article 5, Section 8 of California’s constitution. Does not look absolute to me, but I could be missing something there.
- Subject to application procedures provided by statute, the Governor, on conditions the Governor deems proper, may grant a reprieve, pardon, and commutation, after sentence, except in case of impeachment.
The Governor shall report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it.
The Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of the Supreme Court, 4 judges concurring.
- No decision of the parole authority of this State with respect to the granting, denial, revocation, or suspension of parole of a person sentenced to an indeterminate term upon conviction of murder shall become effective for a period of 30 days, during which the Governor may review the decision subject to procedures provided by statute.
The Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which the parole authority is required to consider.
The Governor shall report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action.
Is this really where California Democrats are at, worrying about the deportation of a literal child murderer?
I am not passing judgment on this issue, but wanted make sure you understood that he was 14 when he killed a woman (presumably if the decedant was a minor, they would make note of that).
Sounds like a great candidate for the Soylent Green program. He can help feed the world!
I guess if you’re killed by a 14 year old you’re not as dead as if you’re killed by a 21 year old. So it makes sense if you’re not as dead then the14 yo that killed you should not receive the same punishment as if a 21 yo killed you
The court has no such lower and they’re smart enough to know it. There’s some kind of corruption going on imho. And this means there’s probably some very powerful outside source of this “influence” - could be foreign since the parolee is foreign in origin —-? We wish we had some genuine investigative reporting instead of the goebbrls propaganda press
.
As usual CA court invents their own secret constittion.
Oh. He’s twice convicted. I didn’t pick up on that. Still. The courts conduct is very unusual. And the state of Californication has one of the most corrupt govts around There’s probably still some foreign influence we are not being told about. $$$$$$$?
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>> “The court has no such lower and they’re smart enough to know it.” <<
First half of your sentence is clearly correct, but the second half is not supported by the abundant evidence.
Well here’s my background story on the guy....
....Cambodian Borey Ai is an illegal immigrant who committed ‘violent’ felony murder....and robbery....as a full fledged gang member.
....At 14 yrs old ,With a gun enhancement, Ali killed the owner of a store, the wife of an Jewish refugee who’s husband held her as she quickly bleed out and died...
....Ali was sentenced to 25 years to life....Served 19 years before he was considered suitable for parole in 2016.
.....From Prison he was 18 months in ICE detention at Sacramento’s Rio Cosumnes Correctional Center,
Ai claims he was damaged by the center and his inhospitable surroundings. In prison, Ai thought of himself as a “community health advocate” and looked forward to continuing his work when he was released from San Quentin.... He complained he didn’t ‘have opportunities’ to engage in the work that gave him purpose when at San Quentin Prison...at the detention center.
The government decided to release him after Cambodia refused to accept him for deportation.... So he was aware while in detention of his deportation ahead.....
He is claiming returning him to Cambodia would be ‘torture” because his mother and aunt (deceased) were a part of the Khmer Rouge ...that this is cruel and unusual punishment and disrespects his human dignity.
It was just twelve weeks since he was released from ICE detention and not enough time from ICE detention to deter what his would be. From what I’ve seen of his story, as with DACA and other foeigners here....there are groups advocating within their cultures communities to stop these deportations...he is just one of the many.
His goal will be to help other Cambodians fight deportation.
ICE tracks 1,900 Cambodians who are ‘subject to orders of removal’ from the United States. Since 2002, 600 Cambodians ‘who were permanent residents’ have been sent back to Cambodia.
By the way...he shot her AFTER they had the money....they could have just ran.
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