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

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EXHIBIT F (PART 2)

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PRESIDING COMMISSIONER SHELTON: You're doing good homework, sir. INMATE DAWSON: Thank you.

Very good.

PRESIDING COMMISSIONER SHELTON: about support letters.

Let's talk Uh,

I reviewed them briefly.

you have a letter from Janice Dawson, who would be your husband (sic). INMATE DAWSON: Wife. Your wife. I

PRESIDING COMMISSIONER SHELTON: said "husband", didn't I? DEPUTY COMMISSIONER SELLWOOD: Yeah, you did. PRESIDING COMMISSIONER SHELTON: figured she would be your wife. getting tired. else.

Yeah, you did.

That's okay, I

I think my tongue is

I did that another time with somebody

I called the, uh, client the husband of the That was kind of an interesting hearing Uh, your wife says she's been She's attending

attorney. then.

Okay.

established for over 20 years. college at the present time.

And she's looking into

employment with the probation department. INMATE DAWSON: Yes, ma'am. She wants to be

PRESIDING COMMISSIONER SHELTON: a probation officer? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON:

Boy, you're

going to have all the supervision in the world, aren't

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you, parole and probation? INMATE DAWSON: She's going to be the boss, too. Yeah, I happen

PRESIDING COMMISSIONER SHELTON: to be partial to probation. letter.

Uh, so this is a nice

She's doing what she can to help get you, uh, And obviously, she's offering housing.

squared away.

And there's transportation she's discussing and, uh, talking about helping you with completion of your driver's education like you mentioned. Very nice.

Uh, this is called "Another Chance Outreach Ministry", signed by Rev. Ricky Hammond. you for over 30 years. INMATE DAWSON: We went to school together. Okay. And, uh, Uh, he says he's known

PRESIDING COMMISSIONER SHELTON:

they're offering you a position working with troubled youth. You know I see that a lot. Do they pay you

anything for that or is it kind of role model work? INMATE DAWSON: It's like role model being, uh,

(indiscernible) how can I say it now, "selfexplanatory". It's like, "see what happened to me by

doing certain things". PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yeah, good.

Almost like "Scared Straight". Yeah, you would

PRESIDING COMMISSIONER SHELTON: be a role model. INMATE DAWSON:

Yes, a role model. Yeah, don't do

PRESIDING COMMISSIONER SHELTON:

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what I do just do what I say. one? INMATE DAWSON: Yes.

Do you remember that

PRESIDING COMMISSIONER SHELTON: letter's from your mom. a good job.

Okay.

This

She thinks you've been doing

She says she's a senior citizen living A

alone, and she would like to spend time with you. letter from your sister, Lynette. INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: you're doing a good job as well.

Uh, she thinks

And, uh, she's the

one whose husband is an instructor at the driver trucking school and, uh, plans to teach you how to drive an 18-wheeler. Did you have a driver's license

when you came in here? INMATE DAWSON: Yes. Oh, okay. I

PRESIDING COMMISSIONER SHELTON:

was going to say that 18 wheels is a lot to drive. Uh, a letter from Roschandra (ph) Jones and, uh, it's a support letter, very nice. And we have a letter

from Zetty Harvest, family friend. INMATE DAWSON: Yes. And, uh, she

PRESIDING COMMISSIONER SHELTON:

has always seen you as a well-mannered young man and thinks that you will be a useful citizen. nice support letters. INMATE DAWSON: So, very

Did I miss anything? No, ma'am.

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PRESIDING COMMISSIONER SHELTON:

Okay.

I'm

going to make sure you get all of this back so you can ­ as well as this, so we can ­ DEPUTY COMMISSIONER SELLWOOD: PRESIDING COMMISSIONER SHELTON: get copies for your file, okay. Yes. -- uh, you can

Always make sure you All right, sir,

have on hand all those originals.

this is the portion of the hearing that we go into with asking questions. And we are not discussing the

offense, but I want you to tell me what you feel, and how you feel about not only the person that was killed in your offense, but all the other victims involved in the robberies. Tell me what, what's been going on in

your head and heart and all that with that? INMATE DAWSON: I'm very sad about that. As I

said I was out of my character by putting a loaded weapon in my hand, going in somebody's place of business and scaring their employees. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Uh-huh.

And through the impact

programming, it gives me ­ it gave me a insight on fear that I caused some people (indiscernible) taking money and running. PRESIDING COMMISSIONER SHELTON: insight did it give you? INMATE DAWSON: The feeling of what happened, of It's What kind of

this ­ the never ending feeling that I have.

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something I have to live with for the rest of my life. I know I'm not directly responsible for the murder of Mr. Dwight cousin and security guard. But I'm

indirectly responsible because I participated in a robbery which I shouldn't have. If there was some

kind of way I could tell family how sorry I am, I would, without affecting them, of bringing back anymore pain. If it was some way that I could, I

would give up a limb if it would bring him back because he shouldn't have lost his life. I shouldn't

have participated in no robbery in the first place. As I said my father taught me better than that. it's ­ I was just ignorant in going along with something so stupid when I didn't have to. stayed focused. embarrassing. friends. I always had a job. I always It's,

This was

I embarrassed my people, my family, my

And this, this is just something I just have And I wish

to live with for the rest of my life.

there was some kind of way I could turn back the hands of time, I would do things differently. kept myself in the Army. PRESIDING COMMISSIONER SHELTON: all had that 20-20 hindsight, huh? You know, if we I would have

Were you under

the influence of drugs or alcohol at the time of the commitment offense? INMATE DAWSON: No. No. Because I

PRESIDING COMMISSIONER SHELTON:

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know we talked about the fact that you did have an alcohol and drug problem. Okay. I'm going to go to

Commissioner Sellwood and see if you have any questions, because I can't think of anymore. been asking questions all along. DEPUTY COMMISSIONER SELLWOOD: I've got some questions for you, sir. Compton, is that right? INMATE DAWSON: Yes, sir. Okay. And you Actually, I do. You came out of We've

DEPUTY COMMISSIONER SELLWOOD:

came out of Compton in the early ­ late 60s, early 70s, basically, when you were a teenager that period of time period? INMATE DAWSON: Yes, sir. Okay. Compton in

DEPUTY COMMISSIONER SELLWOOD:

that time period was not merely as rough as it has been in recent years, but it was still a ­ I mean it was still a pretty nice residential area then, but it has rough components in Compton. INMATE DAWSON: Yes, but where my, where my

parents stay at is very nice. DEPUTY COMMISSIONER SELLWOOD: area. INMATE DAWSON: Uh-huh, it was a nice -Yeah, it, it had It was a nice

DEPUTY COMMISSIONER SELLWOOD: its various components and -INMATE DAWSON: Yes, sir.

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DEPUTY COMMISSIONER SELLWOOD:

But, I, I, I

listened to you, and I watch you, and you talk with great earnest ­ earnestness, if I can say that, with great sincerity about I wasn't raised that way; I'm embarrassed to be here. Uh, you clearly have lots of

feelings about your father passing while you're in jail as a lifer for such a horrendous crime. So,

you've got this reference point that you talk about easily about your upbringing, and the people around you, but you did have a prior criminal history before the life term, is that right? INMATE DAWSON: Minor. Okay, minor but Were you

DEPUTY COMMISSIONER SELLWOOD: you did.

So, what was going on with that?

just a rebellious kid, all those other things, what was that about? INMATE DAWSON: It was just bad judgment, sir. You don't have I mean who I

DEPUTY COMMISSIONER SELLWOOD:

the lean forward, just ­ okay, all right. were you doing stuff with?

I don't mean the names. Were

mean like the kids, the bad kids on the side? you choosing bad friends, what was going on? INMATE DAWSON:

Some bad friends, but we were ­

I wasn't, I wasn't involved in any gang activities. DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Okay.

I was just going out and

partying too much with some of my friends that had a

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little (indiscernible). character.

I was just out of my

DEPUTY COMMISSIONER SELLWOOD:

Okay.

And you

talk about your character as the guy who goes home and mows the lawn because dad wasn't able to do that anymore. INMATE DAWSON: Yes, sir. I get up every

morning and go to work. DEPUTY COMMISSIONER SELLWOOD: work. And you go to

And you talk about that as if that's your And you say I was out of character. But

character.

you were out character more than once. INMATE DAWSON: Yes, sir. It wasn't the

DEPUTY COMMISSIONER SELLWOOD: life crime.

There were these other things. Yes, sir. Did you view that

INMATE DAWSON:

DEPUTY COMMISSIONER SELLWOOD:

at the time as being out of character for you? INMATE DAWSON: Yes, sir. So, even at the

DEPUTY COMMISSIONER SELLWOOD: time you were cognizant that -INMATE DAWSON:

I shouldn't have been --- I shouldn't be

DEPUTY COMMISSIONER SELLWOOD: doing that stuff? INMATE DAWSON: Yes, sir.

DEPUTY COMMISSIONER SELLWOOD:

Okay.

And you

talk about accepting Jesus Christ into your life.

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INMATE DAWSON:

Yes, sir, because that was, that

would be because of the guys that I'm meeting. DEPUTY COMMISSIONER SELLWOOD: something that I understood -INMATE DAWSON: It energizes. I understand. And you said

DEPUTY COMMISSIONER SELLWOOD:

You said that I do understand but I want to ask you about it. As a person listening to you, you talk

about accepting Jesus Christ, and you said the words, "And that cured my defects", and you talked about those defects. One could be ­ one could question you,

"Oh, so now you're the perfect guy because Jesus Christ is in your life. it anymore. You don't have to think about I

It's all just Jesus and you're cured".

mean one could be cynical when listening to you say that. INMATE DAWSON: perfect. DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Okay. I understand that, sir, no one's

It's an ongoing thing. So, what is it

DEPUTY COMMISSIONER SELLWOOD: about -INMATE DAWSON:

Every day ­ every day judgment. So, let me ask

DEPUTY COMMISSIONER SELLWOOD: you the question.

Are you still as capable of being

out of character and doing those other things even though Jesus Christ is in your life, or has he somehow

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cured that part? INMATE DAWSON: I would he cured that part, I'm

no longer out of character doing things against the law, of breaking the law. DEPUTY COMMISSIONER SELLWOOD: So, you've

learned how to stay within your character? INMATE DAWSON: within the law. DEPUTY COMMISSIONER SELLWOOD: And you credit to Yes, sir, very much so and

some extent the power and the strength of Jesus Christ helping you do that? INMATE DAWSON: things within here. DEPUTY COMMISSIONER SELLWOOD: Okay. I needed I And my learning and seeing

to hear you talk a little bit more about that. wanted to make -INMATE DAWSON: Okay.

DEPUTY COMMISSIONER SELLWOOD:

-- sure you

weren't just saying, "Oh, okay, I accepted Christ so the world's fine now". INMATE DAWSON: No, sir, the world is not fine.

We got Afghanistan, all right, the world is not fine. DEPUTY COMMISSIONER SELLWOOD: past you've been out of character. about it. Okay. Uh, in the

You've talked

If you get paroled and you go out into the

community what's apt to happen to you is a lot of pressures, a lot of things that you don't expect.

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Life is going to come at you quickly and sometimes harshly. What are the anchors that you're going to

rely upon, that you're going to turn to, that said, "Oh, man, I didn't expect this. job. Oh, I didn't get that Oh,

Oh, it didn't pay as much as I thought.

these guys want me to do drugs".

Whatever it is what

are you going to grab onto and hang onto and say, "Okay, I'm all right here while I figure out these other things". hang onto? INMATE DAWSON: Yes, I do. What are those? Do you have some anchors that you'll

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: parents. DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: And my family.

The Lord Jesus Christ and my

Okay.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON:

Okay, and --

And my determination and will to It may not be what I'm

get any type of job available.

skilled at, but as long as I bring some money home to pay the bills, put some food on the table and maintain the taxes on my mother's house, that's what I'm determined to do, sir. DEPUTY COMMISSIONER SELLWOOD: Getting

employment as a convicted felon is sometimes hard. INMATE DAWSON: are opening. It's going to be hard, but doors And if I

They got programs for us.

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present myself -DEPUTY COMMISSIONER SELLWOOD: church affiliation? INMATE DAWSON: Yes, my, my parents' church. And so you can Do you have any

DEPUTY COMMISSIONER SELLWOOD: go to that church? INMATE DAWSON:

That's where I'll be going. Okay, all right.

DEPUTY COMMISSIONER SELLWOOD: Thank you, Commissioner. PRESIDING COMMISSIONER SHELTON: Bushling, any questions?

Okay.

Mr.

DEPUTY DISTRICT ATTORNEY BUSHLING: any questions. PRESIDING COMMISSIONER SHELTON: ATTORNEY RUTLEDGE: I just ­

I don't have

Ms. Rutledge.

PRESIDING COMMISSIONER SHELTON: questions? ATTORNEY RUTLEDGE: Uh, I do.

Do you have any

Excuse me.

Uh,

the parole plans that you ­ the letter that you got from the church from your pastor? INMATE DAWSON: Yes. Have you had contact with

ATTORNEY RUTLEDGE: him over the years? INMATE DAWSON: month. ATTORNEY RUTLEDGE:

I call him at least once a

And is he a spiritual ­ do

you ­ he's your spiritual advisor or what's your

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relationship? INMATE DAWSON: We went to school together. All right. And ­ I know it's your

ATTORNEY RUTLEDGE:

DEPUTY COMMISSIONER SELLWOOD: time, but let me just understand.

Is that person

different from the pastor of the church you would go to that your mom goes to? mom's church. INMATE DAWSON: Yes. Is he the same You talk about going to

DEPUTY COMMISSIONER SELLWOOD: guy? INMATE DAWSON: No.

DEPUTY COMMISSIONER SELLWOOD: different? INMATE DAWSON: Different guy.

Or he's

DEPUTY COMMISSIONER SELLWOOD: you. ATTORNEY RUTLEDGE: All right.

Thank you.

Thank

And, uh, when

the commissioners asked you, you know, if you had your choice of work which one would you choose and you said the print shop. Uh, what other ­ are there other

opportunities do you know if Los Angeles where you could work doing ­ where you could use your skills that you have at PIA here? INMATE DAWSON: To my knowledge there are bunch

of mattress factories off the 91 Freeway that's not too far from my parents' house. And, uh, according to

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the book where I got all my potential earnings, there's ­ there's options open. So, I have just to But as I said

hit the bricks and put in my resumes.

in the meantime, I will be ­ I learned how to drive a truck, so it's not like I'm just going out there and doing nothing. ATTORNEY RUTLEDGE: at the prison. And, uh, you've worked, uh,

Have you worked with a pay number? Yes, I always had a pay number. And were you expected to

INMATE DAWSON:

ATTORNEY RUTLEDGE: work so many hours a day? INMATE DAWSON:

Ten hours a day. Ten, okay. And so you were,

ATTORNEY RUTLEDGE:

uh, held to the standards of a ­ were you held to the same standards that a boss would hold an employee to? INMATE DAWSON: Yes. All right.

ATTORNEY RUTLEDGE: INMATE DAWSON: they want 85 percent.

The production level has to be ­ At the time right now I'm doing

53, that's roughly 600 pieces of work, 600 pieces of (indiscernible) ATTORNEY RUTLEDGE: And how many years were you

­ were you ­ weren't you foreman? INMATE DAWSON: Yes, at the time I was, uh, in

the mattress factory, and for 12 years I was lead man. ATTORNEY RUTLEDGE: INMATE DAWSON: All right.

I was, uh, I was in charge of 22

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inmates making sure they pick up the (indiscernible), make sure they supply and everything. ATTORNEY RUTLEDGE: Now, since you got that 115

in 2002, have you ­ do you have visiting privileges? INMATE DAWSON: Yes. And --

ATTORNEY RUTLEDGE: INMATE DAWSON: privilege. ATTORNEY RUTLEDGE:

I just had a 30-day loss of

All right.

So, have you,

uh, been able to, uh, visit with your wife and other people without incident? INMATE DAWSON: Yes. So, right now your visiting

ATTORNEY RUTLEDGE: is ­ is it back to normal? INMATE DAWSON: to keep my marriage. ATTORNEY RUTLEDGE:

Yes, that was like a ultimatum

Okay. I'm sure your

PRESIDING COMMISSIONER SHELTON: wife understood. INMATE DAWSON: got a 115. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: happen with the Board. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

Well, she's been mad because I

Uh-huh.

She knew what was going to

Yeah.

Because I told her about it. I'm sure when

PRESIDING COMMISSIONER SHELTON:

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you talk to her she'll go -INMATE DAWSON: I try to ­ -- "so what did

PRESIDING COMMISSIONER SHELTON: they say?" INMATE DAWSON:

-- pride myself on keeping out ­

keeping away from the 115s, staying out of trouble. DEPUTY COMMISSIONER SELLWOOD: fairly good job. ATTORNEY RUTLEDGE: No further questions for ­ Okay. You've done a

PRESIDING COMMISSIONER SHELTON: ATTORNEY RUTLEDGE:

-- Mr. Dawson. We're going to

PRESIDING COMMISSIONER SHELTON: go into closing statements, sir.

And what that means

is that Mr. Bushling will go first, followed by your attorney, and then you will have an opportunity to make a closing statement. Mr. Bushling. Thank you,

DEPUTY DISTRICT ATTORNEY BUSHLING: I'll be, uh, very brief.

Uh, the D.A.'s Office is

opposed, uh, a finding of suitability at the time, this time based on the facts of the crime, or rather crimes I should say. These were two separate

incidents, uh, that occurred over a period of a month, February 29th and January 30th. In the first incident,

uh, the co-defendant actually pulled the trigger ­ or rather, uh, cocked the gun, uh, and we got that from the facts that the Board adopted. So, the inmate knew

the danger that was, uh, uh, his conduct subjected

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others to.

Uh, so just based on the horrendous of the Also, uh, and the

crimes, the people are opposed.

Board may disagree with me on this, but I was under the impression listening to the inmate speak of his, uh, remorse, that his remorse was more centered on himself than it was on the victims that were involved. Uh, he, he just tended to dwell what it's done to him, even though he did say (indiscernible) things about the impact it had on the victims. But most of it So, I

seemed to be, uh, on what this had done to him.

think he needs some more insight at this time, and those are the reasons. PRESIDING COMMISSIONER SHELTON: favor of you, Mr. Bushling. I would ask a

We, we had done some Could you

research prior to starting this hearing.

give us a brief time frame of the fact that ­ I think originally Mr. Dawson was given, uh, life without parole. And there's ­ since there was confusion, I

want to state on the record that that did get overturned. And I would just ­ he's going to address

that right now. DEPUTY DISTRICT ATTORNEY BUSHLING: fact, uh ­ PRESIDING COMMISSIONER SHELTON: Because it took Yes, in

us a while to do some homework, and I'd like to save any future homework. DEPUTY DISTRICT ATTORNEY BUSHLING: Uh, actually

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looking at the Initial Parole Consideration Hearing, April 2003 Calendar, uh, at the bottom of Section One, of your life crime, uh, there's an explanation laid out here that's pretty good. PRESIDING COMMISSIONER SHELTON: Good. Uh, if you

DEPUTY DISTRICT ATTORNEY BUSHLING: would you like me to read it I can? PRESIDING COMMISSIONER SHELTON: just to ­ DEPUTY DISTRICT ATTORNEY BUSHLING: PRESIDING COMMISSIONER SHELTON: forward. DEPUTY DISTRICT ATTORNEY BUSHLING:

Why don't you

Okay.

-- carry it

"On April

24, 1981, the trial court denied Dawson's motion for a new trial but did strike the special circumstance finding on the murder count in sentencing the 38 years to life, 25 to life plus 13 years. As a result of a

remitter from the Second Appellate District Court of Appeals, directing the Los Angeles Superior Court to either impose the life possibility of parole under Count 12, or to strike the special circumstance, it was found to be true by the jury that the trial court acted on December 13th, 1984 to modify the original sentence to impose the term of life without possibility of parole on Count

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12.

Responding to a second remitter from

the Court of Appeals, the Los Angeles County Superior Court acted on November 24, 1986 to strike the special circumstance allegation and re-sentence Dawson to the original term of 25 to life plus 13 years". PRESIDING COMMISSIONER SHELTON: much, I appreciate that. what we walked through. Thank you very

It's a good summation of All right, Ms. Rutledge, do

you have a closing statement? ATTORNEY RUTLEDGE: Yes, thank you. While Mr.

Dawson, uh, today has taken responsibility for his behavior in, uh, the commitment offense and the other offenses for which he was convicted, uh, according to the psyche reports, beginning with the most recent one which is 2003, he, uh, the, the psychiatrist writes that he has, uh, uh, he regrets ­ well, uh, he, he ­ that the co-defendant was an old friend of his. And,

uh, even though he was in a good life position, uh, he went with them do something that was wrong. And, he

describes the motives he had as greed, uh, stupidity and ignorance. Uh, and he told the psychologist that

he never had any intention of harming anyone, uh, and that he no longer puts most of the blame on his partner for influencing him. Uh, but says that he

takes full responsibility for breaking the law and committing robberies. He was sentenced to 38 years to

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life.

At this time he has now served 25 years.

And

in those 25 years, he has, uh, make good on his part of the deal that if he wants an opportunity for parole, he's got ­ he has to, uh, show society and the parole board that, uh, he's suitable to be back on the outside. He has served the amount of years that are And he may have

required to meet that at this time.

had this 115 in 2004, but that's in the many ­ over two decades that he's been locked up. He's had two

115s, and he explained what happened with the first one, which you ­ Uh, and also during that time, he's not only ­ he worked as a foreman for 12 years, in charge other inmates. Uh, and then here he was very

active with the ­ they had to get ­ finally get him out of graphics because he had been in there too long, and others would have an opportunity. Uh, but that's

surely what he's most interested in but not allowed to do that at this time. He, uh, has done other things

to show the Board that he's suitable including impact and getting his GED. And he did complete anger

management uh, and has received certificates, uh, in other areas of self-help including. Uh, and he, and

he also has participated in basketball, and just done a lot of things to I think keep his end of the bargain as far as, uh, paying the price for what he did. I

would note, too, that, uh, as the court ­ the, the reason why he got the 38 to life was the court felt

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that his role in the offense ­ and I'm quote ­ I'm referring to the sentencing transcripts ­ that the trial judge felt that due to his role in the crime that, uh, life without the possibility of parole was not appropriate. And but he still gave him, uh, you

know, an otherwise appropriate sentence he felt was, uh, otherwise appropriate. So, I know that the Board

has to consider his individual culpability for the offense, and I think that's been addressed here today. Uh, he does not pose an unreasonable risk to society. Uh, and on top of that he has marketable skills. has a job offer. He's got family support. He's He

married to a woman that he's known since high school, uh, continues contact with his family, uh, continues to do well. Uh, and he tells the Board today that it And I believe that looking

was an aberration for him. at his record in prison.

Uh, and he's take ­ he takes He's clearly a man who's

this process very seriously.

not just ­ he isn't here to, you know, give the Board some kind of line. as some formality. And he doesn't think of this just He takes ­ he's done everything he But I can tell by his

can do to show the Board.

emotional state that, uh, he respects the seriousness of this proceeding. So, all those things considered

and his age, I would ask that the Board, uh, grant him a parole date today. Thank you. Thank you. Mr.

PRESIDING COMMISSIONER SHELTON:

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Dawson, would you like to make a closing statement? INMATE DAWSON: Yes, I would. I would like to,

uh, say something pertaining to what the District Attorney said. PRESIDING COMMISSIONER SHELTON: Actually what

you need to keep your comments to is telling us why you think you're suitable for parole. INMATE DAWSON: I deserve a second chance I

because, uh, as I said I was out of my character. take full responsibility for my actions. I had no

right, no business walking in somebody's place of business with a loaded weapon scaring their employees and taking money. If there's anyway possible I can

apologize to each and every one of those people I scared, I would. I couldn't hurt nobody like that

unless, unless my life was in danger, or if I was defending my country. This is just something I have Somebody lost

to live with for the rest of my life.

their life by my careless, stupid act for going along and committing a robbery. I wish somewhere ­ I wish And I

there were ­ I could change it but I can't. wish I can somehow make up for it. lesson.

I learned my I

As I said I have straightened myself out.

know what I really needed in my life.

I got trades.

I got marketable skills where, you know ­ I'm determined to be a upstanding citizen. I just pray I

that this panel will give me a second chance.

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didn't actually shoot nobody but, uh, I'm responsible because I participated in that robbery. I wish I

would have seen what would happen, what was going on but I didn't see it happen. until I got charged with it. I didn't know it happened I just myself involved

with wrong people, and that's something that will never happen again. I'm older, wiser, and I'm focused

on trying to have an upstanding life. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Thank you. You're welcome, It's a few Okay.

DEPUTY COMMISSIONER SELLWOOD: sir. Let's recess for deliberations.

minutes after 3:00 p.m. R E C E S S --o0o--

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CALIFORNIA BOARD OF PAROLE HEARINGS D E C I S I O N DEPUTY COMMISSIONER SELLWOOD: We are on the

PRESIDING COMMISSIONER SHELTON:

All right.

We

are back in the matter of, uh, the Subsequent Parole Consideration Hearing for Darryl Dawson, D-A-W-S-O-N, CDC Number C-30679. Everyone has returned to the room Mr. Dawson, the

that was here during the hearing.

panel has reviewed all the information received, and we've relied on the following circumstances in concluding that you are not yet suitable for parole. I realize that's not what you want to hear, and we'll go there in a second. And you would pose an

unreasonable risk of danger to society or a threat to public safety if released. This if your, uh, first

subsequent hearing, is it not? INMATE DAWSON: Yes. Okay. And you

PRESIDING COMMISSIONER SHELTON:

had an initial hearing where you got a three-year denial. INMATE DAWSON: Yes. I want you to

PRESIDING COMMISSIONER SHELTON: understand this process.

You could have gotten a

five-year denial on your initial hearing, so you are doing something right. D. DAWSON C-30679 You want the numbers to go DECISION PAGE 1 10/04/06

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down, you don't want them to go up. three last year.

So, you got a

You're getting a two-year denial Does

this year, and that's because you're doing well. that make sense to you? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: hard yes, wasn't it?

Oh, that was a

You have some work to do, sir.

And we're going to tell you specifically what we need you to work on, but we think you're moving in right direction. And we think you are most likely going to

earn a parole date some day if you keep doing what you're doing, okay. First of all, we have to talk Do you remember how

about the commitment offense. many victims there were, sir? INMATE DAWSON: No.

PRESIDING COMMISSIONER SHELTON: that's part of the problem. was disastrous.

You should,

This commitment offense

It was awful, somebody died. Yes, I understand that. And you

INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON:

mentioned the name of the person that died, so I'm glad you know that. victims there were. You should know how many other You have 12 counts of robbery.

You have at least 12 victims. INMATE DAWSON: Yes, ma'am. And you talked 10/04/06

PRESIDING COMMISSIONER SHELTON: D. DAWSON C-30679

DECISION PAGE 2

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a little bit with us about how that in the class that you took, which was the impact class, how you learned about victims. You need to know your victims, at The offense was carried

least how many there were.

out in an especially cruel and callous manner, multiple victims were attacked and one was killed. And this was in more than one incident. three separate crimes committed here. acts of violence. There are

Three separate

The offense was carried out in a

dispassionate and calculated manner that showed exceptionally callous disregard for human suffering. And for the loss of life and at least 12 other victims that suffered there was something like 33 hundred dollars. Did you get any of that money? The Sheriff took it back. Were you going

INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON: to get half? INMATE DAWSON: Excuse me?

PRESIDING COMMISSIONER SHELTON: to get half of that? INMATE DAWSON: Yes.

Were you going

PRESIDING COMMISSIONER SHELTON:

So, you're

looking at 16-17 hundred dollars to pay for the loss of human life and not to mention your own. INMATE DAWSON: Yes. So, you need to 10/04/06

PRESIDING COMMISSIONER SHELTON: D. DAWSON C-30679

DECISION PAGE 3

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understand that, sir. INMATE DAWSON: I do. Good. These

PRESIDING COMMISSIONER SHELTON:

conclusions are drawn from the statement of facts that came from the April 2003 Board Report, and we incorporated that already into the record, so I will not repeat it. With regards to a prior record, uh, He

Mr. Dawson had no juvenile record which is good.

has, uh, three, uh, incidents of arrests, uh, as an adult. And I would say the most serious of the three,

uh, were, was the driving under the influence of alcohol. So, with regards to that it's to your

benefit that you do not have a record of violence or assault in your background. So, you're doing the With regards to

things that you need to be doing.

institutional behavior, you've received a total of two 115s, the last being in 2002. You've received one

128, the last being in ­ the only one being in 1985. I will go into your positive attributes here in a minute. But I do want to indicate that we both feel It

that you have programmed in a limited manner.

hasn't been much in the way of self-help, uh, during the course of your time. You got your, uh, vocation You got

early on, haven't upgraded that in any way.

your GED early on and, uh, haven't upgraded that in any way. You're a good worker, which I'll get into in DECISION PAGE 4 10/04/06

D. DAWSON C-30679

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a second.

Uh, and our concern, too, is that you need

to concentrate on some more self-help programs, which I'll be more specific about, but with regards to substance abuse issues. Because you by your own

admission and the records indicated you had a serious drug and alcohol problem early on. I don't see

anywhere as of late where you've ­ you need to consistently participate in something like AA or a substance abuse program of your choice. I'll summarize that shortly. And again

Your psychological Uh, I don't remember

evaluation is fairly positive.

hearing, uh, a GAF Score, but we're going to request a new psychiatric evaluation be done prior to your next hearing, so all that information for your next hearing is current. And so that when you get to your next

hearing the Commissioners don't go, "Oh, we need a new psyche eval". So, that will be brought up to date for Your parole plans are pretty

you and with you, okay. good.

Uh, I would suggest doing a few things, uh, to Uh, first of all

bring them even better and stronger.

make sure that your support letters are updated at the time of your next hearing, you know, get new letters. You mentioned something yourself. I think you need to You have learned

start working on a resume right now.

a variety of skills and have developed a variety of talent since you've been in here, put them down on D. DAWSON C-30679 DECISION PAGE 5 10/04/06

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paper as a form of a resume, bring that to your next Board hearing. As well as when you develop a resume Your wife said she had lots

start sending them out.

of contacts, start sending that resume out and seeing what kind of response you get. I worked with an

inmate, I think it was last week, who had three different resumes. He developed each one around the

specific vocation that he had and he sent them out. So, you can start working on that. The other thing,

uh, I would suggest, you might want to find ­ this had something to do with the question that Commissioner Sellwood asked you, about what your support systems would be if you got out there and the world turned upside down. You can get a sponsor like AA or NA or

something equivalent before you get out of here that would help bridge that gap for you. INMATE DAWSON: Wouldn't that be in the lines if

I still had an ongoing problem with drugs and alcohol? PRESIDING COMMISSIONER SHELTON: tell you this, Sir, let me

Because it's all in your record, and

the fact that you were doing drugs on a daily basis and the seriousness of your offense, I would recommend that that would be in your best interest to pursue that activity for at least as long as you're on parole if not longer. INMATE DAWSON: D. DAWSON C-30679 Even though it was something DECISION PAGE 6 10/04/06

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that happened 26 years ago? PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Okay. PRESIDING COMMISSIONER SHELTON: the say ­ let me give you an example. And the reason And this is a He stopped Yes, sir.

true story because it involves my brother.

drinking for like over 20 years, and about six months ago he started again because he quit going to AA and NA. The support system is there whether you need it

for drinking or whether you need it because you didn't get the job you wanted. Sponsors is not just dealing

with alcoholism or drug addiction, it's also dealing with personal problems. There are friends that's not

as close as a wife or family but kind of be distance, and maybe give you unemotional advice. INMATE DAWSON: I understand. You follow?

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yes, I do.

PRESIDING COMMISSIONER SHELTON:

So, it's like

having a buddy back there saying, "God, you know, my world's caving in". They can look, stand back outside

the picture and look in at you, be a support system for you no matter the issue. INMATE DAWSON: Does that make sense?

Yes, ma'am. Okay. With

PRESIDING COMMISSIONER SHELTON:

regards to the 3042 Notices we send out, uh, that's D. DAWSON C-30679 DECISION PAGE 7 10/04/06

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why the District Attorney is here from Los Angeles County. And he, uh ­ those letters get sent out to

agencies that might have an interest in your case. And we didn't get any responses other than that. And

as you indicate ­ as you know he indicated he's in opposition to your parole at this time. I do want put

on your record the things you've been doing well, because you are so on the right track, okay. get your GED. You did

Your disciplinary record's fairly good. You

Uh, you have, uh, worked in vocation print shop.

got moved out of that, not by your fault just that it was time because you've been there a long time. have your vocation in graphic arts. You

You have, uh,

work ­ spent time working in the Cen ­ with the Central Lunch Box Crew. PIA Textiles. Osha Training. And now current you are in

You've recently participated in a CalYou participated in an impact program And I understand

which involves 13 two-hour sessions. it's an intense program.

And most of the inmates I

talk to really, really like it, and you did that in 2004. Uh, so, with that standing I want to, uh,

indicate that in a separate decision the hearing panel finds that it's not reasonable to expect that parole would be granted at a hearing during the following two years. And to specifics reasons we have talked about One, we talked about the DECISION PAGE 8 10/04/06

and I will summarize. D. DAWSON C-30679

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summary of the offense and, you know, you indicated on several occasions that you were out of character there. And the Commissioner also tried to talk with

you about what out of character meant, how often were you going to go in and out of character. Spend a

little bit more time dealing with those circumstances so you have ­ you're more grounded. Uh, I applaud you

your faith in Jesus Christ and those philosophies that you follow. But I want to see you more well-rounded

in terms of the whole real world picture, and that you have as many tools to support yourself as possible. Because it's a different world than when you came in here, and we so much want for your success. INMATE DAWSON: Yes, I understand. You got

people flying planes into the building and restaurants, it's crazy out there. PRESIDING COMMISSIONER SHELTON: It is, sir.

And there's a part of me I think that thinks you're a tidbit naïve about the rest of the real world. want you to be strong person to deal with those realities. INMATE DAWSON: I just wish I would have stayed And I

in the Army where I could probably be a leader or a commander, uh, of a combat unit over there, take care of business, but that's the mistake I made by not staying in the Army. D. DAWSON C-30679 DECISION PAGE 9 10/04/06

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PRESIDING COMMISSIONER SHELTON:

As I was saying And you

we probably need to work on some insight.

know, it's, uh, one of the things and based on the statement that you made, I appreciate what you say. And you've talked about defending the country before. You can't always fight all the ills of the world, so you have to find ways to deal with you and taking care of your family. INMATE DAWSON: Yes. My concern is

PRESIDING COMMISSIONER SHELTON:

is that you can't go fight those battles anymore. You've got to take care of you, and that has to be in a peaceful way. INMATE DAWSON: Exactly. All right. Uh,

PRESIDING COMMISSIONER SHELTON:

with regards to what else we talked about, uh, let's just do a review of what we're wanting for you. You

know, we want you to develop a greater insight into the offense as we talked about. We want you to

participate in as many self-help programs as you can, especially those having to do with substance abuse. would also suggest relationship building. I

I know that

some classes are available or even books on ­ you know, when you do get back home with your wife there's going to be a different world. And, you know, she's

going to have make room for your toothbrush, so to D. DAWSON C-30679 DECISION PAGE 10 10/04/06

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speak, and there's going to be differences of how you guys might want to do things. So, there are books

that you could read and do book reports and present to your Board next time about what you've learned about developing or strengthening interpersonal relationships, uh, insight, uh, strengthening your resolve to not participate in substance abuse and alcohol, uh, hookup with something here in the institution like AA or NA and something similar, stay with it consistently. We talked about, uh, you will

also have to distance yourself from that 115 that you got. We're going to request that you get a new

psychological evaluation that will be ­ we've already put the paperwork in for that. And I would also

suggest as part of your parole plans since you do have a lot of skills and talents, something like you did with -- you know you spelled out how much money you might make doing different types of jobs, start playing with developing a resume. INMATE DAWSON: Referring to the 115, you said But

distance myself with, that was a non-violent one. I know it's a rule violation.

I understand all that. Good, I'm glad

PRESIDING COMMISSIONER SHELTON: you do. Thank you.

Commissioner, do you have

anything to add at this point? DEPUTY COMMISSIONER SELLWOOD: D. DAWSON C-30679 No, I think 10/04/06

DECISION PAGE 11

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you've addressed the thoughts that I had. PRESIDING COMMISSIONER SHELTON: wish you all the luck in the world. the right direction. INMATE DAWSON: Thank you.

Thank you. Sir, we

Okay.

You're moving in

DEPUTY COMMISSIONER SELLWOOD: sir. PRESIDING COMMISSIONER SHELTON: you.

Good luck to you,

Good luck to

That concludes this hearing at about 3:40 p.m. --o00--

PAROLE DENIED TWO YEARS THIS DECISION WILL BE FINAL ON: February 1, 2007 YOU WILL BE PROMPTLY NOTIFIED, IF PRIOR TO THAT DATE, THE DECISION IS MODIFIED. D. DAWSON C-30679 DECISION PAGE 12 10/04/06

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