Since we reported last week that Governor Newsom had asked the Supreme Court’s permission to commute five sentences, including three of life without parole, three more commutation requests have appeared on the court’s website. One of the three seeks a recommendation to commute another LWOP sentence.
A court recommendation is a constitutional prerequisite for a gubernatorial grant of clemency to anyone who has been “twice convicted of a felony.”
The three additional ones, with their criminal records as stated in the Governor’s cover letters to the court, are:
Robert Perry: “In 2015, Mr. Perry was convicted of carjacking, criminal threats, and dissuading a witness. He was sentenced to a prison term of 38 years. In 1994, Mr. Perry sustained a prior felony conviction for distribution of cocaine.”
Nelson McVay (AKA Marquette Shelton): “In 2009, Mr. McVay was convicted of attempted murder. He was sentenced to a prison term of 50 years to life. In 1995, Mr. McVay sustained prior felony convictions for aggravated robbery and kidnapping, and vehicle burglary.”
Ly Nguyen: “In 1995, Mr. Nguyen was convicted of first degree murder. He was sentenced to a prison term of life without the possibility of parole. In 1998, Mr. Nguyen sustained a prior felony conviction for attempted burglary.”
The commutations wouldn’t require any prisoner releases, at least not right away. Rather, the Governor told the court that, for the LWOP term, he “is contemplating a commutation of sentence that would make [the prisoner] eligible for a parole suitability hearing,” and for each of the other two, he is contemplating “eligib[ility] for an earlier parole suitability hearing.” (Related: “Newsom grants clemency, but freedom isn’t certain”.)
