In re Roderick

• Decision Date: 17 August 2007
• Docket Number: No. A113370.,A113370.
• Citation: 154 Cal.App.4th 242,65 Cal.Rptr.3d 16
• Court: California Court of Appeals Court of Appeals
• Parties: In re Alfred William RODERICK, on Habeas Corpus.

65 Cal.Rptr.3d 16

154 Cal.App.4th 242

In re Alfred William RODERICK, on Habeas Corpus.

No. A113370.

Court of Appeal, First District, Division 4.

August 17, 2007.

As Modified on Denial of Rehearing September 12, 2007.

Bill Lockyer, Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Mary Jo Graves, Chief Assistant Attorneys General, Julie L. Garland, Senior Assistant Attorney General, Anya M. Binsacca, Jennifer A. Neill, Supervising Deputy Attorneys General, Jessica N. Blonien, Deputy Attorney General, for Appellant.

Michael Satris, Margaret Littlefield, Bolinas, for Respondent.

RIVERA, J.

The Attorney General appeals from a superior court order granting a petition for writ of habeas corpus filed by Alfred William Roderick, who is now 75 years old. The superior court determined that the factors relied upon by the Panel of hearing officers representing the Board of Parole Hearings in denying Roderick parole were not supported by some evidence.¹ The court granted Roderick's petition and referred the matter back to the Board for further review consistent with the court's ruling. The Attorney General urges us to reverse the court's decision, arguing that there is some evidence in the record to support each of the factors upon which the Panel relied in denying Roderick parole. We affirm.

I. FACTUAL BACKGROUND

A. The Commitment Offense

On April 11, 1986, Roderick was convicted of one count of second degree murder with the use of a deadly weapon and sentenced to 16 years to life in prison. The murder occurred when Roderick stabbed another man, Michael Obie, outside of a saloon in Eureka. According to police reports, as summarized in the probation officer's report, Roderick and Obie began arguing inside the bar and Roderick challenged him to go outside and fight. Roderick reportedly punched Obie as they were going out the door, and then hit him again as Obie exited the saloon.² The altercation continued outside and a few seconds later "it was reported that [Obie] had been stabbed."

The record before us also discloses the following additional facts: Obie began harassing Roderick inside the bar when he ascertained that Roderick was the father of a security guard at Safeway who had arrested Obie's aunt for shoplifting. During the fight that took place outside the saloon, Obie pulled a hunting knife, the two struggled over the knife, and, ultimately, Roderick gained control of the knife and stabbed Obie in the chest. Roderick was drunk at the time of the crime. Obie was on parole for first degree murder.

B. History of Parole Hearings

1. 1994

Roderick's minimum eligible parole date was August 28, 1995. Accordingly, his initial parole hearing took place in 1994. In the life prisoner evaluation report prepared for that hearing, Roderick's behavior in prison is described as "marginal," with an "average" relationship with staff and other inmates. The report also sets forth a disciplinary history which indicates he had a CDC 115³ for possessing marijuana in 1993, and that he was stabbed during an altercation with his cell mate in 1989. Roderick was assessed to pose a "moderate" threat to the public if released. A psychiatric evaluation prepared in 1994 states that Roderick "demonstrates little self-understanding about the causative factors regarding [the commitment] offense or his previous offenses." Roderick was diagnosed with "[a]lcohol intoxication" and an "[a]ntisocial personality disorder," which "reflects a lifestyle of repetitive crime compounded by substance abuse." The report states that "[i]n a less controlled setting, he would be less dangerous if he maintains his sobriety, but that can not be predicted nor guaranteed." No psychiatric treatment was indicated.

The Panel found Roderick would pose an unreasonable risk of danger to society if released, and denied parole, articulating the following reasons: (1) The commitment offense "was carried out in a manner which exhibits a callous disregard for the life and suffering of another"; (2) Roderick failed to develop a marketable skill; (3) Roderick failed to demonstrate evidence of positive change; he received a recent CDC 115 for possession of a controlled substance; and (4) the psychological report was "not totally supportive of release." One commissioner commented that Roderick appeared to have a "very nonchalant, indifferent attitude about [his] whole situation, about [his] life history and the crime." Another commissioner stated: "I'm really puzzled by the solution as to what [Roderick] can ... do to keep [himself] out of prison, which I don't think [he] really cares much about in or out of prison." Roderick responded that, for sure, that's one thing he would be doing.

2. 1997

Roderick's next parole hearing occurred in 1997. The life prisoner evaluation report added nothing new from the previous report except to state that Roderick's degree of threat (moderate) was "based upon the consumption of alcohol in the instant [commitment] offense." The psychological evaluation, however, reflected a fundamental shift in attitude. In describing the crime Roderick "expressed his regret" and "wished he had handled [the situation] somehow differently." It reports that Roderick is attending Alcoholics Anonymous (AA) and that he is "`done with drinking forever.'" Roderick is described as having normal intellectual functioning with good insight and judgment. Although still diagnosed with antisocial personality disorder, it is described as "improved." The report concludes that Roderick is showing improvement in his behavior and, if released, should be able to maintain the gains he has made, especially if he continues to abstain from alcohol. According to the report, his level of dangerousness "is likely to be less now than for the average inmate."

The Panel again found Roderick to pose an unreasonable risk to the public if released, based upon the following stated reasons: The commitment offense was callous; he had an unstable social history, including a history of predatory offenses; he had failed at previous grants of probation and parole and had prior prison terms; he had not upgraded educationally or vocationally; he had not participated sufficiently in self-help and therapy; and he was diagnosed with an antisocial personality disorder, "but he's improved." Commending Roderick for his excellent disciplinary record and for recent gains, the Panel noted the need for additional participation in AA and other self-help and therapy programming, for upgrading his vocational skills or education, and for remaining disciplinary free.

3. 1999

Roderick was given another hearing in 1999. Salient in the life prisoner evaluation report prepared for that hearing is information concerning Roderick's criminal history—some 28 convictions over a period of 28 years, ranging from negligent driving to armed robbery. Roughly half of the convictions relate to Vehicle Code violations, public drunkenness or contempt; the remaining crimes are primarily theft related, including petty and grand theft, forgery, burglary and armed robbery. Roderick's previous violent offenses occurred in 1959 (assault with a deadly weapon), and in 1970 (armed robbery). The report also notes that Roderick had another CDC 115 (work performance/obey orders) which he incurred when first incarcerated in 1986. In other respects the evaluation is, in essence, the same as the previous evaluations and assesses Roderick to be a "moderate degree of threat to the public if released." His psychological evaluation, however, reflects steady gains. According to the report, Roderick now understands that at the time of the crime he should not have been drinking, that had he been sober he could have made a better decision, and that the decision he made was irresponsible. The report states that Roderick is "very remorseful" for causing the victim's family grief, as well as for taking this time from his own family. The psychologist concludes, "after 14 years of incarceration, and 67 years of age, [I believe this inmate] has developed his maturity to such an extent that he would be an excellent candidate at this time for parole. [¶]... [¶]... If released to the community this inmate poses no more danger than the average citizen."

The Panel again denied parole, listing the following reasons to support its conclusion that Roderick posed an unreasonable risk of danger: The commitment offense was carried out in an especially cruel and callous manner and the motive for the crime was trivial in relation to the offense; Roderick had a record of violence and assaultive behavior and an escalating pattern of criminal conduct, had failed previous grants of probation and parole, and therefore could not be counted upon to avoid criminality; Roderick had failed to develop a marketable skill, failed to upgrade educationally and vocationally, and had not sufficiently participated in beneficial self-help or therapy programs; and Roderick had a serious CDC 115 in 1993 for possession of marijuana. The Panel took note of the psychological evaluation which "states that [Roderick's] insight into his commitment offense is minimal [but] goes on to say some very positive things about [Roderick]."⁴ The Panel commended Roderick for his excellent work evaluations, his participation in AA and in the life skills program. It found, however, that Roderick "needs continued therapy in order to face, discuss, understand and cope with stress in a nondestructive manner." The Panel recommended that Roderick "remain disciplinary-free, upgrade vocationally and educationally and participate in continued self-help and therapies programs as they become available."

4. 2001

Roderick's next hearing was in 2001. The life prisoner evaluation report—if there was one—is absent from the record. No new psychological report was prepared for this hearing; under a new protocol, the Panel was to rely on the 1999 evaluation. The Panel again declined to set a date for...