District Attorney Jeff Rosen has concluded that more than 60 "three-strikers" from Santa Clara County who are serving life sentences for relatively minor crimes probably didn't deserve such harsh punishment -- and he will seek shorter terms or outright release for at least some of them even if an initiative to scale back California's tough Three Strikes Law loses in November.
Rosen's staunch support of the initiative -- including a provision that would pave the way for judges to easily reduce life sentences for certain three-strikers -- distinguishes him from most of the state's 58 district attorneys. Only two others -- fellow Democrat George Gascon, of San Francisco, and Republican Steve Cooley, of Los Angeles County -- have endorsed Proposition 36.
But Rosen is the only one promising to actively pursue resentencing for some of the lifers who would be eligible if the initiative passes, no matter how the election turns out. Some of those lifers could walk out of prison as soon as the process is complete, if Rosen gets his way.
"We know there are people who were given 25-to-life who would not get that today," Rosen said. "One element of justice is consistency. I want to apply the standard we are using right now. This gives us a way of establishing consistency that is fair while still protecting public safety."
Under the existing Three Strikes Law, the first two strikes have to be violent or serious crimes as defined in the penal code. But only California, out of 24 states with similar laws, allows the third strike to be any felony.
As a result, offenders who have committed such relatively minor third strikes as stealing a pair of socks, attempting to break into a soup kitchen for food, or forging a check for $146 at Nordstrom have been sentenced to life in prison.
In contrast, the new initiative, crafted by a group of Stanford University law professors and the New York-based NAACP Legal Defense Fund, would allow only certain hard-core criminals, including murderers, rapists and child molesters, to be put away for life for any third felony offense, while restricting the third strike to a serious or violent felony for everyone else. A poll conducted this month by the California Business Roundtable and Pepperdine University found 72 percent of likely voters support it.
The initiative also would set up a new procedure to more efficiently bring certain three-strike cases before judges for reconsideration. Right now, such cases can be heard, but obtaining a hearing is far more time-consuming and less certain.
Even though judges retain the ultimate say over whether to reduce a life sentence, a positive recommendation by a top prosecutor like Rosen could play a crucial role in helping three-strikers obtain leniency -- partly because responsibility for the decision would then be shared by the court and the district attorney's office. "It's outstanding that this is his position," said Acting Public Defender Molly O'Neal. "It's absolutely morally and ethically the right thing to do. I'm really impressed."
