(Trends Wide) — A California appeals court has cleared the way for former Charles Manson supporter and convicted murderer Leslie Van Houten to be granted parole, overturning a 2022 decision by Gov. Gavin Newsom that denied her release even after the The California Board of Parole Hearings will recommend it, according to an opinion filed Tuesday.
Van Houten is serving concurrent sentences of seven years to life in prison after being convicted in 1971 for her part in the murders of supermarket executive Leno LaBianca and his wife, Rosemary, at their home.
Although this ruling overturns Newsom’s decision to reverse the Board of Parole Hearings decision, it is likely that a lengthy legal battle will ensue, Van Houten’s attorney Nancy Tetreault told Trends Wide.
Tetreault hopes the California attorney general’s office will file a petition for review with the state Supreme Court, which can decide how to move forward, he said. He also expects the attorney general’s office to file a stay motion to keep Van Houten from release while the case is under review, which he said she would vigorously oppose.
“There is no evidence to support the governor’s conclusions,” Superior Court Judge Ronald S. Coen said in the opinion, referring to earlier comments explaining why his parole was denied, including conflicting statements by Van Houten and “factors historical” that affect its danger to the community.
“Van Houten provided extensive explanations of the causal factors that led to his involvement with Manson and the commission of the murders, and the record does not support a conclusion that there were hidden factors that Van Houten failed to account for. The Governor’s Denial to accept Van Houten’s explanation is tantamount to baseless intuition,” Justice Coen said in the opinion.
When the attorney general’s opinion was sought, it was forwarded to Newsom’s office. Newsom’s office said it had no additional information to share at this time.
Mary Xjimenez, Information Officer for the California Department of Corrections and Rehabilitation, told Trends Wide: “Appellate court decisions become final after 30 days, and then there are 10 days in which you can request review before the California Supreme Court.
“If an appeal court’s decision becomes final, the case will be referred back to the Board of Parole Hearings to consider any recent developments that may justify revocation of the grant of parole. If there is no such change or new information, the Board will issue a release memorandum and CDCR will process the individual for release.”
Newsom’s 2022 decision marked the fourth time a California governor reversed the Board of Parole Hearings decision to grant Van Houten parole, which was recommended in 2016, 2017, 2019 and 2020, according to the ruling. .
