Free Response to Order to Show Cause - District Court of California - California

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EXHIBIT D

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SUBSEQUENT PAROLE CONSIDERATION HEARING STATE OF CALIFORNIA BOARD OF PAROLE HEARINGS

In the matter of the Life Term Parole Consideration Hearing of: SIMEON LUJAO

) ) ) ) ) )

CDC Number D-94153

CORRECTIONAL TRAINING FACILITY, SOLEDAD SOLEDAD, CALIFORNIA SEPTEMBER 5, 2006

PANEL PRESENT: Mr. Michael Porter, Presiding Commissioner Ms. D.H. McBean, Deputy Commissioner OTHERS PRESENT: Mr. Simeon Lujao, Inmate Ms. Marsha Hurst, Attorney for Inmate Two Correctional Officers, Unidentified

CORRECTIONS TO THE DECISION HAVE BEEN MADE No Yes See Review of Hearing Transcript Memorandum

SUSAN R. SHABAZZ-PARRISH

Vine, McKinnon & Hall

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ii

INDEX

Page Proceedings ...................................... Case Factors ..................................... Pre-Commitment Factors ........................... 1 7 8

Post-Commitment Factors .......................... 10 Parole Plans ..................................... 21 Closing Statements ............................... 25 Recess ........................................... 28 Decision ......................................... 29 Adjournment ...................................... 34 Transcriber Certification ........................ 35

--oOo--

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 P R O C E E D I N G S PRESIDING COMMISSIONER PORTER: INMATE LUJAO: Good afternoon, sir.

Hi, good afternoon to you, too. Okay, we are on record. Okay, this is a

DEPUTY COMMISSIONER MCBEAN:

PRESIDING COMMISSIONER PORTER:

Subsequent Parole Consideration Hearing for Simeon Luha INMATE LUJAO: Lujao. Lujao, CDC number D-

PRESIDING COMMISSIONER PORTER: as in David, 94153.

Today's date is September 5th, 2006.

We are located at the Correctional Training Facility, Soledad. The inmate was received on 9/2/1988 from San The life term began on 9/2/1988. The The

Benito County.

minimum eligible parole date is 1/5/1998.

controlling offense for which the inmate has been committed is murder second degree, case number 3049, count one Penal Code Section 187. The inmate received a

term of 15 years to life with a minimum eligible parole date of 1/5/1998. This hearing is being tape recorded

and for the purposes of voice identification each of us will say our own first and last name, and spell our last name. And when it comes to you, Mr. Lujao, give us your I will start

CDC number after you spell your last name. with myself and go to my left. E-R, Commissioner. DEPUTY COMMISSIONER MCBEAN: M-C-B-E-A-N, Deputy Commissioner.

Michael Porter, P-O-R-T-

My name is D.H. McBean,

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTORNEY HURST: My name is Marsha Hurst, H-U-R-S-T,

counsel for Mr. Lujao. INMATE LUJAO: Junior, D-94153. PRESIDING COMMISSIONER PORTER: And for the record Hi, my name is Inmate Simeon Lujao,

we do have two correctional officers present that will not be participating in the hearing. security purposes. They are here for

Before we begin, Mr. Lujao, can you

please read out loud the ADA Statement in front of you, sir? INMATE LUJAO: ADA, American with a Disability Act.

"The Americans without, with Disability Act, ADA , is a law to help people with disabilities. Disabilities are problems that make it harder for some people to see, hear, breathe, talk, walk, learn, think, work or take care of themselves than it is for others. Nobody can be keep out of public If you

places or activities because of disability.

have a disability, you have the right to ask for help to get ready for your BPT hearing, get in to the hearing, talk, read forms and papers and understand the hearing process. BPT will look at

what you asked for to make sure that you have a disability that is covered by the ADA, and that you have asked for the right kind of help. If you do

not get help or if you don't think you, you got the kind of help you need, ask for a BPT 1074 Grievance

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Form. You can also get help to fill it out." Thank you, sir. The

PRESIDING COMMISSIONER PORTER:

record reflects that you signed the BPT 1073 Form on 2/16/2006 indicating that you do not have a disability as defined under the Americans With Disabilities Act. that true, sir? INMATE LUJAO: Yes, Sir. Is that information Is

PRESIDING COMMISSIONER PORTER: still correct? INMATE LUJAO: That's right.

PRESIDING COMMISSIONER PORTER:

Okay, did you have

any problems walking up the steps getting here? INMATE LUJAO: No. I see you have

PRESIDING COMMISSIONER PORTER:

glasses on, are you able to read and see okay with those glasses? INMATE LUJAO: Yeah, I don't think -Do you have any type

PRESIDING COMMISSIONER PORTER: of hearing impairment? INMATE LUJAO: Uh -- no.

PRESIDING COMMISSIONER PORTER:

Have you ever been

included in the Triple CMS or EOP Programs. INMATE LUJAO: No. Do you know what

PRESIDING COMMISSIONER PORTER: those terms mean? INMATE LUJAO: I don't.

PRESIDING COMMISSIONER PORTER:

Okay, have you ever

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 taken any type of medication, either in prison or on the street for mental health? INMATE LUJAO: No. Okay, and finally,

PRESIDING COMMISSIONER PORTER:

do you have any disability that would prevent you from participating in today's hearing? INMATE LUJAO: No. Counsel, are there

PRESIDING COMMISSIONER PORTER:

any ADA issues that you believe need further discussion regarding your client's ability to fully participate in today's hearing? ATTORNEY HURST: No, there are none. Okay, let's get

PRESIDING COMMISSIONER PORTER: started.

This hearing is being conducted pursuant to the

Penal Code and the Rules and Regulations of the Board of Parole Hearings governing Parole Consideration Hearings for life inmates. The purpose of today's hearing is to In

once again consider your suitability for parole.

doing so, we will consider the number and nature of the crimes for which you were committed, your prior criminal and social history, your behavior and programming since your commitment, and your plans if released. the opportunity to review your Central File. We have had You will be

given the opportunity to correct or clarify the record. We will consider your progress since your commitment, your counselor's reports, and your mental health evaluations. We will focus on your progress and any new

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 reports since our last hearing. Any change in Parole We will reach

Plans should be brought to our attention.

a decision today and inform you whether or not we find you suitable for parole and the reasons for our decision. If you are found suitable for parole, the length of your confinement will be explained to you. Before we recess

for deliberations, the district, scratch that -- your attorney and you will be given the opportunity to make a final statement regarding your parole suitability. statement shall be limited to why you feel you are suitable for parole. room, and deliberate. We will then recess, clear the Once we have completed our Your

deliberations, we will resume the hearing and announce our decision. The California Code of Regulations states

that regardless of time served a life inmate shall be found unsuitable for and denied parole if in the judgment of the Panel the inmate would pose an unreasonable risk of danger to society if released from prison. certain rights. You have

Those rights include the right to a

timely notice of this hearing, a right to review your Central File, and the right to present relevant documents. Counsel, have your client's rights been met? They have, yes. Thank you, ma'am.

ATTORNEY HURST:

PRESIDING COMMISSIONER PORTER:

And, sir, you have an additional right to be heard by an impartial Panel. objection to us? We are your Panel. Do you have any

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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INMATE LUJAO: No, not right now. You will receive a That

PRESIDING COMMISSIONER PORTER:

copy of our written Tentative Decision today. Decision becomes final within 120 days.

A copy of that

Decision and a copy of the transcript will be sent to you. On May 1st, 2004 the regulation regarding the right

to appeal a Decision made at this hearing were repealed. The current policy is entitled Administrative Appeals, Correspondence, and Grievances Concerning Board of Prison Terms Decision. You can consult with your attorney for

more information or you can review the policy right here at the Prison Law Library. to or discuss your offense. You are not required to admit However, this Panel does Do you

accept as true the findings of the Court. understand that, sir? INMATE LUJAO: Yes.

PRESIDING COMMISSIONER PORTER:

Deputy Commissioner

McBean, do we have any confidential information, ma'am? DEPUTY COMMISSIONER MCBEAN: No, we don't. Okay, I have a

PRESIDING COMMISSIONER PORTER: Hearing Checklist.

I am going to mark it Exhibit one,

and give it to counsel, and make sure we are all operating off the same set of documents. that to counsel, sir? ATTORNEY HURST: Thank you. Thank you. Yes, I do have all the documents. Will you give

And in addition, there is a new Psych

Evaluation as well.

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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 sir. PRESIDING COMMISSIONER PORTER: ma'am. Thank you. Uh-huh. And, counsel, do you Okay. Thank you,

ATTORNEY HURST:

PRESIDING COMMISSIONER PORTER:

have any additional documents to be submitted? ATTORNEY HURST: No, there are none. Counsel, do you have

PRESIDING COMMISSIONER PORTER: any preliminary objections? ATTORNEY HURST: No.

PRESIDING COMMISSIONER PORTER:

Counsel, will your

client be addressing the Panel today? ATTORNEY HURST: He will, but not as to the facts

and circumstances of the life crime. PRESIDING COMMISSIONER PORTER: Okay. Mr. Lujao,

since you will be addressing the Panel we need to swear you in, sir. So -- please raise your right hand. Do you

solemnly swear or affirm that the testimony you give at this hearing will be the truth, the whole truth, and nothing but the truth? INMATE LUJAO: Yes, Sir. Okay, thank you,

PRESIDING COMMISSIONER PORTER:

I am going to read into the record the Statement of

Facts, which is a summary of the crime which is located at the February 2004 Board Report, if you have no objections, counsel? ATTORNEY HURST: No objections. On February 6, 1988

PRESIDING COMMISSIONER PORTER:

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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 at approximately 9:00 p.m. deputies responded to a reported attempted murder which had occurred on Highway 101 within the county boundaries. After arriving at the

scene, deputies contacted witness Lowell Ronolo, R-O-N-OL-O, who told deputies that while he was driving towards San Jose, Simeon Lujao attacked a passenger in the vehicle, Arturo Vasaya, V-A-S-A-Y-A, with a knife. was arrested at the scene without incident. Lujao

Officers

noted Lujao was covered with blood and he had a bloody knife in his possession. the offense. wounds. The victim died at the scene of

The cause of death were multiple stab

So, okay, since we are not going to discuss the

life offense, we will go on to some Pre-Conviction Factors. As a juvenile, we don't have any juvenile And as for adult convictions besides

record for you.

there is a hold for a 187 and -- and besides this crime we don't have any other convictions concerning you. Are

you, counsel, is he willing to discuss the 187 that he's got a hold for -ATTORNEY HURST: I believe he is, yes. -- in the

PRESIDING COMMISSIONER PORTER: Philippines? INMATE LUJAO:

I already did discuss at a prior -So I don't want to discuss that one

my previous hearing. here.

PRESIDING COMMISSIONER PORTER: discuss it, okay. All right.

You don't want to

And we will move on to

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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 some Personal Factors. personal factors? INMATE LUJAO: And are you willing to discuss

Some of your personal history? Uh -- no, I (inaudible). Okay, all right, I

PRESIDING COMMISSIONER PORTER:

will just read from the record some -- some things that we have here. Lujao is the oldest of 11 children. His,

including his parents and family reside in the Philippines. I think that's a misprint. And so

basically you were born and raised in the Philippines. He went to college and earned a teaching certificate, but never became a teacher. money for a bus company. bankrupt. He preferred instead to collect This company later went

Lujao eventually owned and operated a bakery.

Eventually he became involved in politics and became an influential member of the Mayor's Office. When he became

a member of the Mayor's Office he sometimes would stay -would stand in for the mayor. The mayor trusted him and

allowed Lujao to become administrator of a bus company. The mayor eventually became a congressman and Lujao -Lujao's involvement increased. He accompanied the When the

congressman on extended trips and vacations.

congressman's son enrolled in college, Lujao was expected out of loyalty to be his housemate and take care of the son's needs -- needs while he was in college in Sacramento. The congressman's family persuaded Lujao to In doing

stay in California to provide for their son.

so, he violated his visa status and became an illegal

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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 alien. This depressed Lujao because he did not know when

or how he was going to get to his family in the Philippines. So we are going to change gears and go to

some Post-Conviction Factors with Deputy Commissioner McBean. DEPUTY COMMISSIONER MCBEAN: Okay, Mr. Lujao, in

this phase of the hearing we will be addressing institutional adjustment. I have reviewed the Central

File, the Board Report, the Psych Evaluation, and if I miss anything, I will be given you and your attorney an opportunity to add some things. Okay, you last appeared

before the Board on 6/2/04. At that time you were given a two year denial. You were asked to get self-help, to You have a

stay disciplinary free, and to learn a trade. current classification score of 19. is Medium A.

Your custody level

From a work assignment standpoint, you have

been working in PIA since May of '93 -- and generally have above average work reports. You did have a -- one

chrono in there in May of '02 through about three of four months where the file indicates you had a poor work report for some reason, but overall, over the last 11 or 12 years you have had above average work reports, and you're doing well in PIA, and you are still assigned there. Is that correct? Yes. Okay, you do have a

INMATE LUJAO:

DEPUTY COMMISSIONER MCBEAN: TABE score of 5.9.

However, the -- we do have a

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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 transcript in the file indicating that you did acquire a college degree in your country, and that's a B.S. in Elementary Education. INMATE LUJAO: Is that correct?

Yes. In the Philippines?

DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: Yes.

DEPUTY COMMISSIONER MCBEAN:

Okay.

So you have not

participated in any vocational trades here then, during your incarceration other than the PIA, is that correct? INMATE LUJAO: Yes. Okay. Why is your TABE

DEPUTY COMMISSIONER MCBEAN: score so low, 5.9, do you know?

[Thereupon, the foreign accent of the inmate resulted in excessive inaudibles]. INMATE LUJAO: I was so depressed at that time,

about four years when I got this (inaudible). DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: (inaudible). Uh-huh. I couldn't think. You didn't try very

DEPUTY COMMISSIONER MCBEAN: hard? INMATE LUJAO: that time. DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO:

Not no longer, just real depressed at

Uh-huh.

All right.

I mean, the first four years in

prison is (inaudible). DEPUTY COMMISSIONER MCBEAN: not sure when that TABE test was. All right. Yeah, I'm

All right, it was in

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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1989. You may want to consider taking it again, just Most

because it -- it doesn't sort of add up, you know.

people who have a college degree would get the highest score on their TABE -- TABE score, a 12.9. INMATE LUJAO: Oh. Just a suggestion. It

DEPUTY COMMISSIONER MCBEAN:

may -- it may not make any difference in PIA, does it? Does it make any difference to you in PIA? INMATE LUJAO: I don't know. Does it -- would it

DEPUTY COMMISSIONER MCBEAN:

give you an opportunity to do other things within PIA if your TABE score was higher? INMATE LUJAO: didn't. DEPUTY COMMISSIONER MCBEAN: In many of the It -- it I don't know. I assumed that it

vocational trades, it does make a difference.

matters in terms of what you are eligible to participate in, should you choose to upgrade vocationally and get out of PIA some day, so, just for your information. from a self-help standpoint, you participated in successful re-entry, a 3-hour video on 11/7/03. Skills for 10 weeks in '98. '91. Live Now,

And Breaking Barriers in

Since your last appearance then on 6/2/04, I didn't

see any additional participation in any kind of selfhelp. Have you participated in anything at all in the

last couple of years? INMATE LUJAO: No.

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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: Okay. And why is that?

I have been (inaudible) my self-help.

I don't really need any self-help at this time (inaudible) totally. And I am in control of myself, and

I know what I am doing so, I don't really need it for myself. DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: Philippines. Hum.

Presently, I'm being, going back to

All those trades I can't use it over there. So when I go back there, I

I know they (inaudible).

don't need, well, need, not too many people hire me if I want to, if I want work. So -Well, how will you

DEPUTY COMMISSIONER MCBEAN: support yourself? INMATE LUJAO:

I keep my, my (inaudible) they still This is there

got their own business there (inaudible).

that we can live and we can survive like an individual person living over there. So I guess we're (inaudible). So you would count on

DEPUTY COMMISSIONER MCBEAN: your children to support you? INMATE LUJAO:

Yes, because I still have my, my My, my younger brother is the one

business over there. running it.

DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO:

Your bakery?

Uh -- (inaudible). But the -- the problem

DEPUTY COMMISSIONER MCBEAN:

I have is that -- and I -- I looked back, and I know that

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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I sat on your Panel the last time, and I specifically reminded you how important it is to participate in selfhelp. And so, I've looked at all the other transcripts

and Decisions and every Panel you have ever appeared before has told you the same thing. And yet, you have

steadfastly chosen not to participate, especially of late. long. I mean, Life Skills was good, it was 10-weeks It was in '98 though. And what is especially

missing in your self-help, given the nature of your commitment offense, wherein even you have admitted in the past that you were in a rage, and very angry -- that you haven't -- have you ever done any kind of Anger Management? INMATE LUJAO: I did start it for when I was in

North for about four or five weeks. DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: Okay.

Then when I was transferred in the

North, no, (inaudible) is the reason why I wasn't able to finish that. DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: When was that?

That was -- uh -- 2000, 2002. Right.

DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: (inaudible).

DEPUTY COMMISSIONER MCBEAN: years ago now. INMATE LUJAO: Yeah.

Okay, but that's four

DEPUTY COMMISSIONER MCBEAN:

Yeah, do you think it

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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 might be important for you to participate in some kind of Anger Management? INMATE LUJAO: (inaudible). Uh -- in some other instances

And so I see, I already control my anger

and I learn how not to (inaudible) doing hard time in here. So I have, I put myself in for -- uh -- absolutely So any instances that might

self-control of everything.

ruin my second (inaudible) life schedule, so that will be absolutely controlled by myself. DEPUTY COMMISSIONER MCBEAN: Well, you know, And

frankly, that just doesn't work for the Board. you've been told that before.

And also, when we look at

your criminal history, you didn't have any criminal history before you stabbed and killed your cousin. and you haven't had any since. So,

See, we have to make sure I don't know how How

that you have tools available to you.

you've learned new things other than doing time. have you learned how to hang, handle your anger? INMATE LUJAO:

Well, I think I do need to explain

that more, but, you know, I decline for explain about that (inaudible). Like I say, that's imperative I learn

how to control my anger. DEPUTY COMMISSIONER MCBEAN: What did you say? You

decline to explain how you handle your anger? INMATE LUJAO: Yes. You don't want to

DEPUTY COMMISSIONER MCBEAN: discuss it.

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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INMATE LUJAO: like I say that. control it. I don't want to discuss it because I You know, I already how, know how to

So, so anger is only is controlling yourself But you get mad and then

is how you control your anger.

you have a self-control with yourself and you can, but it, you can do nothing really. PRESIDING COMMISSIONER PORTER: Do you realize Because you lost

that's what you are in here for, sir?

control and stabbed your cousin to death? INMATE LUJAO: That's, that's the right one. So Anger Management

PRESIDING COMMISSIONER PORTER: is very important. INMATE LUJAO: Yes.

DEPUTY COMMISSIONER MCBEAN:

Well, what we are

saying is Anger Management training is important for you. You know, everybody gets angry. you. INMATE LUJAO: Yes. But everybody doesn't So the Board has to I mean, it's not just

DEPUTY COMMISSIONER MCBEAN: stab and murder somebody.

You did.

look at that and weigh that.

And, you know, you need to

be able to demonstrate some insight and talk about it. Now, you don't have to, but we -- we'll have a hard time assessing it if you don't want to do what the Board has requested or discuss it. So, we can move on. You don't You know, we

have to discuss it, but, it's your hearing.

want to give you a chance to if -- if you have anything

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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 else to add. Do you have anything else to add on that? No. Okay. All right, then,

INMATE LUJAO:

DEPUTY COMMISSIONER MCBEAN: let's move on.

You -- you have done well from a You don't have any 115's. You

disciplinary standpoint.

only have one 128, and that's on 10/24/96, and that is for smoking. Evaluation. All right, let's look at the Psych Now, your most recent Psych Evaluation is He

dated 8/10/06 and this is by Dr. Melvin Macombers.

states, under Review of the Life Crime, that you stabbed your wife's cousin during a political argument. were feeling very depressed. That you

And it says here, inmate --

how it stated that the victim's challenges, as well as his feelings of depression and despair he was experiencing at that time resulted in his exploding and becoming out of control. his friend. He stated that the victim was He

That he did not mean to do what he did.

stated he responded in rage and anger, and he was out of control at that time. And he immediately felt deep

feelings of sorrow and remorse when he realized what had happened. The doctor, however, feels that it was quite

situational, and that this is not a situation that is likely to ever reoccur, and it states on page three: "Since the time of the commitment offense, 18 years ago, Inmate Lujao has grown in maturity, self-awareness, and self-control. He is no longer the same person that he was

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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 at the time that the commitment offense occurred." Do you agree with that? INMATE LUJAO: Yes. What has changed?

DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: Myself.

DEPUTY COMMISSIONER MCBEAN: INMATE LUJAO: handle my anger.

Uh-huh. I know how to

Change of everything.

Knows how to control it in here or not,

sufficient that give me some problems, some problem is that I can control that. Most, most likely for almost

everything I (inaudible) because I am tired of giving depression for a long time, and this the hardest time my whole life. (inaudible). DEPUTY COMMISSIONER MCBEAN: Okay, this also Being like this is (inaudible). And I just

indicates that in terms of the commitment offense: "You had political enemies that were falsely accusing him of murder. The victim had been

taunting him and challenging him with the accusation of these false charges. This

situation contributed toward his feelings of anger and rage during the commitment offense. He stated the charges were The

politically motivated and are false. actual murderer in the Philippines was captured and sent to prison.

He stated as

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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 soon as he returns to the Philippines he will go to court and charges will be dismissed. Inmate Lujao's level of

understanding and insight into the dynamics of the commitment offense appear to be very good." Let's see, in terms of an assessment of dangerousness, Dr. Macomber says: "If released to the community he poses no more risk to society than the average citizen in the community." And in fact, used a level of service inventory revised actuarial instrument where you scored extremely low risk levels, and in fact, goes on to state even further: "He poses no more risk to society at this point in time than the average citizen in the community and probably poses less risk to society than the average citizen in the community, and is suitable for release. The

prognosis for a successful adjustment in the community in this case is excellent." In looking at the other Psych Evaluations, the one of 10/30/03 by Dr. Stewart -- Jay Stewart -- let's see -- on page five he is talking about the predecessors to the crime and -- and that he feared for his life, was fearful of being falsely convicted of murder if returned to the Philippines. And the doctor says:

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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 "Even though Inmate Lujao lacks adequate insight into his behavior, he may be educated to increase his awareness of stressors." So he noted there that you had some problems with insight. Dr. Torini's report, the prior one in 1998

notes that Dr. Vayton had recommended one-on-one therapy to address the commitment offense, as he has little insight. And that he agreed with that. Did you ever

get a chance to do any one-on-one therapy? INMATE LUJAO: No, only last week. Okay, yeah, that's not

DEPUTY COMMISSIONER MCBEAN: -- that's not therapy, is it? INMATE LUJAO: Sort of.

Is that therapy?

DEPUTY COMMISSIONER MCBEAN: led by a psychologist? INMATE LUJAO: Yes.

Is it group therapy,

DEPUTY COMMISSIONER MCBEAN: beyond that?

Okay.

Any -- anything

Any one-on-one type of -Uh -- no, because that program is

INMATE LUJAO:

not, into the (inaudible). DEPUTY COMMISSIONER MCBEAN: Yeah. I know, and

it's hard if you are not part of the Triple CMS Program. And then in the report of 1996 by Dr. Bakeman, also indicates on the last page that he does not yet seem to have very good insight into why the commitment offense occurred. So, it's over the years the doctors have

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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 encouraged you to do, you know, more therapy so that you could gain some insight. It doesn't look like you've done that since the Life Skills Program in '98. But

this doctor seems to think that you -- that you do have some insight and maturity, self-awareness and selfcontrol. And the file does indicate you still do have

the immigration hold from the Philippines on the murder charge from 1983. So -- according to the report -- the

Psych Evaluation, you feel those charges will be dismissed if you are ever returned. you don't want to discuss it, so. And I know you said Was there anything

else you wanted to add in terms of your institutional accomplishments? INMATE LUJAO: Anything I may have missed? No. Okay. Anything to

DEPUTY COMMISSIONER MCBEAN: add, counsel? ATTORNEY HURST:

No, I don't think so. Okay, return to the

DEPUTY COMMISSIONER MCBEAN: Chair then.

PRESIDING COMMISSIONER PORTER: ma'am.

Okay, thank you,

Mr. Lujao, if you get paroled, where do you plan

on living? INMATE LUJAO: Going back to Philippines to live

with my, my brother. PRESIDING COMMISSIONER PORTER: that? INMATE LUJAO: (Inaudible) City (inaudible). Okay, what city is

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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PRESIDING COMMISSIONER PORTER: INMATE LUJAO: (inaudible). PRESIDING COMMISSIONER PORTER: home is it? INMATE LUJAO: bedroom house. PRESIDING COMMISSIONER PORTER: INMATE LUJAO: Yes. Okay, so you would Three bedroom? Ah -- just a regular home. Three Okay. What type of Philippines. Where?

(Inaudible) City

PRESIDING COMMISSIONER PORTER: have your own bedroom? INMATE LUJAO: Yes.

PRESIDING COMMISSIONER PORTER:

Okay.

Did you

happen to check into any self-help programs that might be in the area? INMATE LUJAO: Over there? Yes.

PRESIDING COMMISSIONER PORTER: INMATE LUJAO:

I don't know where they are at now

(inaudible) I've never been over there. PRESIDING COMMISSIONER PORTER: and where do you plan on working? do for employment? INMATE LUJAO: Right now I work with -- uh -- my And -- uh -- the same Okay. All right,

What are you going to

brother's out of my son's bakery. (inaudible) restaurant.

I try to move forth into these. Work in the

PRESIDING COMMISSIONER PORTER: restaurant?

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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 INMATE LUJAO: Yes. Doing what?

PRESIDING COMMISSIONER PORTER: INMATE LUJAO: Yes, I plan.

PRESIDING COMMISSIONER PORTER: INMATE LUJAO:

Doing what?

Management, anything (inaudible) That's what I am

what to do in the business venture. going to do. Management type.

PRESIDING COMMISSIONER PORTER: INMATE LUJAO: Yes.

Management?

PRESIDING COMMISSIONER PORTER:

Okay.

All right, I don't

because I -- I was waiting for the letters.

have any updated letters -- as far as where you are going to live or your employment. that? INMATE LUJAO: I did have a little bit last time. The Is there a reason for

Last time I got all kind of letter of support. Board didn't (inaudible). PRESIDING COMMISSIONER PORTER: you have a hearing, it's a whole new INMATE LUJAO: Oh.

Yeah, but each time --

PRESIDING COMMISSIONER PORTER: starting over again. INMATE LUJAO:

-- it's a -- you're

This time I didn't ask for them. Okay, because, And we also --

PRESIDING COMMISSIONER PORTER:

yeah, because we don't have anything.

sent out 3042 Notices, and those notices go to agencies having a direct interest in your case, like the District

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24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Attorney's Office, the Police Department, Sheriff's Department, and there, we didn't get anything from them either. So, that -- yeah -- we -- each, each year you

need to have everything updated and bring in all those letters, especially of residence and employment. them in so we can take a look at it. have anything to look at. INMATE LUJAO: I was (inaudible) the previous. Bring

Right now we don't

That one -- that's the only letter that was in my file. PRESIDING COMMISSIONER PORTER: INMATE LUJAO: support. Pardon me?

About the previously, only letter of

I confirm that. No, I said each

PRESIDING COMMISSIONER PORTER: hearing -INMATE LUJAO: Today.

PRESIDING COMMISSIONER PORTER:

-- yes, we need

updated information for each hearing. INMATE LUJAO: Uh-huh. Okay, we are going

PRESIDING COMMISSIONER PORTER:

to -- Deputy Commissioner, have you got any questions? DEPUTY COMMISSIONER MCBEAN: I don't, thank you. Okay. And neither

PRESIDING COMMISSIONER PORTER:

do I, so we'll go to counsel, see if she's got any questions of you. ATTORNEY HURST: No, I don't. Okay, well then we

PRESIDING COMMISSIONER PORTER:

will go to counsel for a final statement.

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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTORNEY HURST: Okay. Mr. Lujao has chosen not to

discuss the life crime today, although he has in the past. And I think part of that is it's just very

difficult to provide a rational explanation for an irrational act. And it was committed under extreme He is certainly not He has been a very

stress, and unusual circumstances. a criminally oriented individual.

productive man in his lifetime with -- with pro-social attitude. I know you are aware from prior reports that

there were peripheral issues involved here and that he was unable at that time to return to the Philippines and to his family which was certainly very depressing and frustrating to him. Since he has been in prison, his

programming has been quite exemplary, certainly in terms of disciplinary actions. There are no 115's at all, so

he is clearly able to follow the rules -- stay out of trouble. graduate. Educationally, he came in prison as a college Vocationally he has acquired numerous skills,

although he has never been in a vocation per se, but he does have generally good work reports and some outstanding work reports, with one exception, as noted during the course of the hearing. Self-help has not

been in -- in this last period of time since the last hearing -- he has not participated in any self-help, although he did make an effort to participate in an Anger Management Program. interfered with that. But a change of housing

In the past, however, he has

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26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 participated in breaking barriers, life skills, and some video instruction relating to reentry. The Psych The

Reports really in the case are most interesting. current Psych Report is extremely positive and supportive of release.

In fact, Dr. Macomber just makes

a flat statement that in his opinion that he is suitable for parole. He also notes that at the present time he There are

feels he has good insight into this crime.

other reports that were referred to today which do question to some degree his insight. However, in spite

of that, all the reports across time have basically been positive reports and have indicated that he would pose a less than average risk to society. Dr. Stewart, which I

think is the report that you had for the last hearing -does again mention the insight issues and he suggests that they could be appropriately dealt with on an outpatient basis. So this is kind of an unusual thing

that there has been considerable -- there has been more than average unanimity in the Psych Reports, I think. Now, at the time that Mr. Lujao was -- we had -- that his Probation Report was being -- was being prepared, a Psych Evaluation had been ordered at that time, and there is a reference to that on page four of the POR, and it was done by a Dr. Wilcox who found that any problems Mr. Lujao may have were situational. And aside

from remorse for his crime and possible depression, he is probably not suffering any psychological problems at

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27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 this time. So the commitment offense was certainly an

aberration for him, and most of the evaluators seem to feel that it was so situational in nature that he does pose a less than average risk. Unfortunately, we don't I think

have any documented Parole Plans at this time.

for the last hearing he did submit those, and I would like to just go over some of the things that were in those letters. They are in the C-File, and with respect

to job opportunities, he -- he had a job opportunity with his daughter, and I don't have names here because I am not sure I could pronounce some of the names involved. He also had a -- a letter with a job offer on

a pineapple plantation, as he pointed out to you today, and that would be in the area of personnel management. Another opportunity is an airport shuttle driver. letter from an Attorney Joe Lopez, which provides another opportunity as a driver. In addition to that, And a

he feels it might be possible for him to use his PIA skills as a sewing machine operator. I understand it is

a little bit difficult to make an assessment of just where he is today because of the fact that he has had the, you know, spoken in a limited manner. But I think,

overall there that everyone who has evaluated him, including the -- the counselors at -- when they were allowed to make assessments of dangerousness, has had very positive things to say. all of that. Thank you. And I ask you to consider

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28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 sir. PRESIDING COMMISSIONER PORTER: Thank you, ma'am.

Mr. Lujao, would you like to make a final statement regarding your suitability for parole? INMATE LUJAO: My counsel stated everything, yes. Okay, thank you,

PRESIDING COMMISSIONER PORTER:

We will now recess for deliberations. R E C E S S --o0o--

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29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CALIFORNIA BOARD OF PAROLE HEARINGS D E C I S I O N DEPUTY COMMISSIONER MCBEAN: record. PRESIDING COMMISSIONER PORTER: Okay, in the matter Okay, we are back on

of Mr. Simeon Lujao, the Panel has reviewed all the information received from the public and relied on the following circumstances in concluding that the prisoner is not suitable for parole and would pose an unreasonable risk of danger to society or a threat to public safety if released from prison. That is because the offense was

carried out in an especially cruel and callous manner. Basically, Mr. Lujao was riding in a vehicle with the driver and the passenger that he was -- Mr. Lujao was seated in the rear seat of the vehicle, and the victim was sitting in the right front seat. And they got into a

discussion and -- about politics which lead to a argument, and Mr. Lujao proceeded to stab him eleven times. So the crime was definitely carried out in a The offense was carried out in a And the victim was certainly Because at one point during

callous manner.

dispassionate manner.

abused during the offense.

the crime the victim even cried out to Mr. Lujao to please, stop stabbing him. But Mr. Lujao did not find it

within him to control himself enough to say, hey, this has gone far enough, let me stop stabbing him. SIMEON LUJAO D-94153 DECISION PAGE 1 Let me -9/5/06

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30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 let's stop this car and try to get the man some medical attention. And, the motive for the crime was very I mean, this man was

trivial in relation to the offense. your cousin. INMATE LUJAO:

Cousin of my wife. Sir, you -- cousin

PRESIDING COMMISSIONER PORTER:

of your wife, but you are not allowed to talk to me in Decision time, sir. interrupt, please. You had your time, okay, don't And -- so this man was in a He was sitting in the

particularly vulnerable position.

front seat not knowing that he is going to be stabbed. And so he is unarmed, and he had a certain level of trust in you. So, the prisoner has failed to develop a

marketable skill that can be put to use upon release. The prisoner has failed to upgrade vocationally as previously recommended by the Board. And the prisoner

has not sufficiently participated in beneficial self-help and or therapy programs. Basically there has been very

little self-help that you have participated in and none since the last appearance, zero. There has been no Anger

Management, and even in the psychological report, dated August 2006 authored by Ms. -- Dr. Zika, Z-I-K-A -- no correction Dr. Macomber, M-A-C-O-M-B-E-R -- I -- he poses you at no more risk to society than the average citizen in the community, and -- and -- and I think that is inconclusive because it doesn't really deal with insight. SIMEON LUJAO D-94153 DECISION PAGE 2 9/5/06

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31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 And this goes back to your Anger Management. It states

in review of the life crime, that -- a portion of it states that feelings of depression and despair he was experiencing at the time resulted in his exploding and becoming out of control. And skip a sentence and go down

one later it states that, he stated that he responded in rage and anger and was out of control at the time. And

the psychological report before that one, dated 2003 -and that was by Dr. Stewart -- and in review of the life crime, the last paragraph -- and the first sentence says, Inmate Lujao is bewildered as to why he lost control, killing someone who was a friend. And then it states, "I was out of

"he asked me to stop," that's your quote. control."

So, and to hear you say that you -- you don't

really need Anger Management, that you've got yourself under control, sir, I beg to differ with you. And we

need to have confidence in you to know -- you need to prove to us that you've gotten yourself under control. DEPUTY COMMISSIONER MCBEAN: turn the tape. PRESIDING COMMISSIONER PORTER: Okay. Excuse me and let me

[Thereupon, the tape was turned over.] DEPUTY COMMISSIONER MCBEAN: Okay, back on record. Okay, and,

PRESIDING COMMISSIONER PORTER:

nevertheless, you should be commended for the -- your good things you have done. SIMEON LUJAO D-94153 You have not had any 115's DECISION PAGE 3 9/5/06

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32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 since you have been in custody, so that is something that you should definitely be commended for. You have only You

had one 128, and that was back in 1996 for smoking. have had -- you have taken some self-help.

You watched a

successfully -- successful reentry video, and that was in November of 2003. of '98. You have taken Life Skills, September You have had very

Breaking Barriers in 1991.

good work reports. February of '93.

And you have been in PIA since So you have definitely done some things However, these

that you should be commended for.

positive aspects of your behavior does not outweigh the factors of unsuitability. In a separate Decision the

Hearing Panel finds that it is not reasonable to expect that parole will be granted at a hearing during the following four years. So this is a four year denial.

For all the reasons I previously stated, and also because the crime was very cruel and mean. And the crime was I think I

done without feeling bad about hurting others.

previously stated, this man was crying out and asking you to stop, please stop stabbing him. And you were out of

control where even the driver had to stop the car, pull over off the freeway and just -- he got out the car and ran because he feared for his life. not care if people suffered. So the inmate did

And, the victim was And the reason for

definitely abused during the crime.

the crime was very small compared to the hurt it caused. SIMEON LUJAO D-94153 DECISION PAGE 4 9/5/06

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33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 This man lost his life. His family lost his presence.

All because of a political conversation that you lost control and became angry. Plans. And the inmate has poor Parole

I mean, basically, we don't have any -- any The

letters of say -- letters of support whatsoever.

prisoner lacks a realistic Parole Plan in that he does not have a viable residential plan. He does not have

acceptable employment plans, and does not have a marketable skill. So, that is going to conclude the Deputy Commissioner McBean,

reading of the Decision.

have you got anything to add? DEPUTY COMMISSIONER MCBEAN: I will just say one

more time -- how important it is for you to participate in self-help. thing. I know other Panels have told you the same

The last time the Panel told you that you appear

to be wanting to do your own program, and I just encourage you to take to heart the things the Board is telling you today and please try to participate in whatever self-help you can get into, and particularly Anger Management. And that -- that's it. That is going to

PRESIDING COMMISSIONER PORTER: conclude this hearing. ATTORNEY HURST: INMATE LUJAO:

I wish you the best of luck, sir.

Put these back in file. All right. Okay. Good luck. 9/5/06

PRESIDING COMMISSIONER PORTER: DEPUTY COMMISSIONER MCBEAN: SIMEON LUJAO D-94153

Thank you.

DECISION PAGE 5

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34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PAROLE DENIED FOUR YEARS THIS DECISION WILL BE FINAL ON: January 3, 2007 YOU WILL BE PROMPTLY NOTIFIED IF, PRIOR TO THAT DATE, THE DECISION IS MODIFIED. SIMEON LUJAO D-94153 DECISION PAGE 6 9/5/06 (Adjourned) PRESIDING COMMISSIONER PORTER: copy? A copy of the pink slip? Oh, yes -Yes, right here. -- it's right here. Okay. Did he get a pink

ATTORNEY HURST: INMATE LUJAO: ATTORNEY HURST:

PRESIDING COMMISSIONER PORTER: INMATE LUJAO: Thank you. --o0o--

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35 CERTIFICATE AND DECLARATION OF TRANSCRIBER

I, SUSAN R. SHABAZZ-PARRISH, a duly designated transcriber, VINE, MCKINNON & HALL, do hereby declare and certify under penalty of perjury that I have transcribed tape(s) which total ONE in number and cover a total of pages numbered 1 - 34, and which recording was duly recorded at CORRECTIONAL TRAINING FACILITY, SOLEDAD, at SOLEDAD, CALIFORNIA, in the matter of the SUBSEQUENT PAROLE CONSIDERATION HEARING of SIMEON LUJAO, CDC No. D-94153, on SEPTEMBER 5, 2006, and that the foregoing pages constitute a true, complete, and accurate transcription of the aforementioned tape(s) to the best of my ability. I hereby certify that I am a disinterested party in the above-mentioned matter and have no interest in the outcome of the hearing. Dated OCTOBER 9, 2006, at Sacramento County, California.