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7/18/2023 12:31 am  #11


Re: Does this change things for MacDonald?

I am sure cm knows and  is infuriated that Van Houten was released.  In his mind  they realese a convicted murderer but will not release an innocent man.

 

7/18/2023 6:42 pm  #12


Re: Does this change things for MacDonald?

TexasPoet wrote:

kma367 wrote:

Leslie Van Houten's release was based on the decision of a California court granting her petition for writ of habeas corpus.  The state parole board had recommended her for parole multiple times, but Governors Brown and Newsome each denied her release.  

MacDonald is incarcerated in the federal system and, IIRC, has refused to participate in the parole process.  Short of trying a similar federal habeas writ, Van Houten's status has no impact on his.

 

I know what you stated is true. What I was wondering is if Van Houten’s case might stimulate MacDonald to try for review by the parole board again? Or something else. He has been (for him) strangely quiet.

TexasPoet, because MacDonald's conviction is in the federal system, not the State of California, I don't see how he could possibly use Van Houten to seek release.  A court in California ruled there was no reason for the state to continue holding Van Houten, overruling the Governor's reversal of the parole grant by the PPB.  The decision of a state court has no precedence in the federal system.

He could try and he could argue that because California released Van Houten, he should be released too and I wouldn't put that past him.  But the reality remains that his parole efforts in the federal system are in now way, shape or form helped by her success in the State of California.

I hope that helps explain by brief response a bit better.

Thanks,

KMA

 

7/18/2023 6:54 pm  #13


Re: Does this change things for MacDonald?

kma367 wrote:

TexasPoet wrote:

kma367 wrote:

Leslie Van Houten's release was based on the decision of a California court granting her petition for writ of habeas corpus.  The state parole board had recommended her for parole multiple times, but Governors Brown and Newsome each denied her release.  

MacDonald is incarcerated in the federal system and, IIRC, has refused to participate in the parole process.  Short of trying a similar federal habeas writ, Van Houten's status has no impact on his.

 

I know what you stated is true. What I was wondering is if Van Houten’s case might stimulate MacDonald to try for review by the parole board again? Or something else. He has been (for him) strangely quiet.

TexasPoet, because MacDonald's conviction is in the federal system, not the State of California, I don't see how he could possibly use Van Houten to seek release.  A court in California ruled there was no reason for the state to continue holding Van Houten, overruling the Governor's reversal of the parole grant by the PPB.  The decision of a state court has no precedence in the federal system.

He could try and he could argue that because California released Van Houten, he should be released too and I wouldn't put that past him.  But the reality remains that his parole efforts in the federal system are in now way, shape or form helped by her success in the State of California.

I hope that helps explain by brief response a bit better.

Thanks,

KMA

Thanks KMA. You explained it very well the first time, and I agreed with you. I know the two systems are separate and different entities. It’s just that MacDonald has been so quiet and “not there”. I was just speculating that Van Houten’s success might inspire him to do something. But, maybe he’s given up. He really does have no options left.

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