Schwarzenegger To Be Sued Over Marsy's Law
By Mike Luery
SACRAMENTO (CBS13) -- The family of a college student who was stabbed to death two years ago plans to file a lawsuit on Thursday in Sacramento Superior Court against Arnold Schwarzenegger. The Santos family of northern California will claim that former Governor Schwarzenegger violated their constitutional rights.
Just hours before leaving office, Arnold Schwarzenegger reduced the prison time for the son of politician and friend Fabian Nunez, the former Speaker of the Assembly. Esteban Nunez was serving 16 years for manslaughter in the death of college student Luis Santos.
Schwarzenegger commuted Nunez's sentence down to seven years in prison, angering Santos family members, who were never notified, they say in violation of Marsy's Law.
Fred Santos, the father of the slain student told CBS 13 on January 12th, "Of course all the facts to be considered are from one side - the defense."
Santos said he was upset by the actions of former Governor Arnold Schwarzenegger.
"He never notified the DA's office of all the facts," Santos stated. "And so all the facts from the prosecutor's side have never been heard or considered by the governor."
Schwarzenegger sent this letter to the Santos family, in which he apologized for the lack of notice, but defended his decision to commute the sentence.
Marsy's Law is the Victims' Bill of Rights, passed by voters in 2008. Under the law,
- Victims are supposed to be notified of public proceedings, including post-conviction release proceedings.
- Victims also have the right to appear and express views on any decision involving release after conviction.
The Santos family maintains Arnold Schwarzenegger kept them in the dark - and they plan to file suit – and hold a news conference Thursday morning at the Sacramento County courthouse. The Santos family is working with the group Crime Victims United.
Crime Victims United filed a lawsuit against Governor Schwarzenegger last year claiming another violation of Marsy's Law. That lawsuit challenges the potential early release of California prisoners.
