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

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EXHIBIT F (PART 1)

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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: ) ) DARRYL DAWSON ) ) __________________________)

CDC Number C-30679

CORRECTIONAL TRAINING FACILITY SOLEDAD, CALIFORNIA OCTOBER 5, 2006 1:50 P.M. PANEL PRESENT: Linda Shelton, Presiding Commissioner Jeff Sellwood, Deputy Commissioner

OTHERS PRESENT: Darryl Dawson, Inmate Terri Rutledge, Attorney for Inmate Bryant Bushling, Deputy District Attorney CORRECTIONAL OFFICERS UNIDENTIFIED

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

Toni Anderson

House of Scribes

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ii INDEX PAGE . 1 . 6 . 10 . 22 . 40 . 59 . 66 . 67 . 78 . 79

Proceedings . . . . . . . Case Factors. . . . . . . Pre-Commitment Factors. . Post-Commitment Factors . Parole Plans. . . . . . . Closing Statements. . . . Recess. . . . . . . . . . Decision. . . . . . . . . Adjournment . . . . . . . Transcriber Certification

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P R O C E E D I N G S DEPUTY COMMISSIONER SELLWOOD: record. PRESIDING COMMISSIONER SHELTON: Good afternoon, everyone. All right. We're on the

We are here for the first

Subsequent Parole Consideration Hearing for Darryl Dawson, D-A-W-S-O-N, CDC Number C-30679. is October 5th, 2006. Today's date And we

The time is 1:50 p.m.

are located at CTF, Soledad.

Mr. Dawson was received

on May 22ND, 1981 committed from Los Angeles County. His life term began September 30th, 1987, and his minimum eligible parole date is May 31st, 2004. Mr.

Dawson, uh, was committed for Case Number A-357550, charging in count one violation P.C., Murder in the First Degree with a 12022.5, Armed with a Firearm, as well as 12 counts of robbery, each with a 12022.5 P.C., Use of a Firearm. Mr. Dawson received a term of Mr. Dawson, this

25 plus 13 equally 38 to life.

hearing is being tape recorded, so we are going to go around the room. I know this is your first Initial I mean this

Hearing, so it's a little bit different.

is your first Subsequent Hearing which is different than your Initial Hearing, not a lot but a little. So, anyway if you have questions feel free to ask as we go ,. We'll start with introductions, first name,

last name, spell our last name, and when we get to you add your CDC number, please. My name is Linda

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Shelton, S-H-E-L-T-O-N, Commissioner. DEPUTY COMMISSIONER SELLWOOD: Jeff Sellwood, S-E-L-L-W-O-O-D, Deputy Commissioner. DEPUTY DISTRICT ATTORNEY BUSHLING: Bryant

Bushling, B-U-S-H-L-I-N-G, representing the Los Angeles County District Attorney's Office. ATTORNEY RUTLEDGE: Terri E. Rutledge,

R-U-T-L-E-D-G-E, attorney for Mr. Dawson. INMATE DAWSON: C-30679. PRESIDING COMMISSIONER SHELTON: Thank you. And Darryl Dawson, D-A-W-S-O-N,

for the record we have two officers in the room for security purposes who will not be participating in the hearing. All right, let's start with accommodation Uh, you signed BPT Form 1073, on

for disabilities.

January 19, 2006, indicating you did not need any help with anything or any accommodation, uh, for disabilities. I would note for the record that you Are those prescription glasses? Yes. And do they

are wearing glasses. INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON: work for your eyes, sir? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: and sign on that.

Okay, go ahead

What you are signing there is what It's Exhibit Two,

your attorney went over with you.

and that would be, uh, an additional discussion of

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accommodation for disabilities as well as a hearing information sheet for you. wearing glasses. So, we note that you are

Do you have ­ is your hearing okay? Yes, ma'am. Okay, and

INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON: mobility? Thank you.

You can walk, stand, sit for

periods of time and be comfortable? INMATE DAWSON: Yes, ma'am. Are you on any

PRESIDING COMMISSIONER SHELTON: medication? INMATE DAWSON: No.

PRESIDING COMMISSIONER SHELTON:

Okay.

Then it

sounds to me like you're comfortable to go forward with this hearing. Uh, counsel, would you concur? Yes, ma'am. Okay, thank You

ATTORNEY RUTLEDGE:

PRESIDING COMMISSIONER SHELTON: you. All right.

Sir, you have certain rights.

have the right to a timely notice of this hearing, the right to review your C-File. And the record indicates And

you did review your C-File on January 28th, 2006. you have the right to present relevant documents.

Counsel, have your client's rights been met thus far? ATTORNEY RUTLEDGE: Yes, ma'am. Mr. Dawson, you

PRESIDING COMMISSIONER SHELTON:

also have an additional right to be heard by an impartial panel. And today you panel would be

Commissioner Sellwood and myself, is that all right

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with you? INMATE DAWSON: Yes. Thank you. I

PRESIDING COMMISSIONER SHELTON:

also want to let you know that on May ­ in May a couple of years ago the rules changed with regards to appeal rights. And, uh, if you need additional

information in that area feel free to ask your attorney or contact the, uh, prison law library, okay. Now, sir, you are not required to admit to or discuss your offense, however this panel does accept as true the findings of the court. means to you? INMATE DAWSON: That I shouldn't dispute the Can you tell me what that

facts of my ­ of the record. PRESIDING COMMISSIONER SHELTON: we're not going to retry your case. Kinda, it means

And we are going Uh, but it

to go by what the, uh, says happened.

doesn't mean that we're not interested in what you have to say as well, that's very important to us, okay. INMATE DAWSON: Yes, ma'am. Thank you. Uh,

PRESIDING COMMISSIONER SHELTON:

Commissioner, do we have any confidential information? DEPUTY COMMISSIONER SELLWOOD: we will not use it today. PRESIDING COMMISSIONER SHELTON: Terrific. I've We do have some,

already passed the hearing checklist around.

I'm not

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sure where it is.

Okay, thank you.

Uh, both

attorneys have initialed and signed indicating that they have all the necessary documents to move forward so we will do that. All right. Ms. Rutledge, are

there any additional documents to be submitted? ATTORNEY RUTLEDGE: Not at this time, ma'am. And I did get

PRESIDING COMMISSIONER SHELTON:

some here a little bit ago, and these would be, uh, support letters that we'll take into consideration when we go through your parole plans. preliminary objections? ATTORNEY RUTLEDGE: No. Will your Are there any

PRESIDING COMMISSIONER SHELTON: client be speaking with us today? ATTORNEY RUTLEDGE:

Not on the commitment

offense but all other issues. PRESIDING COMMISSIONER SHELTON: you please raise your right hand, sir? Okay. Do you Would

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 DAWSON: Yes. And just to let

PRESIDING COMMISSIONER SHELTON:

you know, Mr. Dawson, you don't need to lean forward every time you speak into the mike. get dizzy doing this. You're going to

So, you can just be comfortable

and talk where you from and it'll pick it up fine.

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Okay.

I am going to go to, uh, the summary of the

offense as indicated in the April 2003 Board Report which was brought forward. We are going to Uh, is that okay with

incorporate that by reference. you, Mr. Bushling?

DEPUTY DISTRICT ATTORNEY BUSHLING: PRESIDING COMMISSIONER SHELTON: Rutledge? ATTORNEY RUTLEDGE: Yes.

Yes.

And Ms.

PRESIDING COMMISSIONER SHELTON:

Since, uh, Mr.

Dawson will not be speaking to that, then consider that done. I will incorporate by reference the Board

Report dated April 2003, and that is pages one, two, and three, that information comes from the probation officer's report pages six through eight. The

Appellate Court Decision dated April 25th '83, pages five through six, page 13, and pages 15 through 18. With that, Mr. Dawson, we're going to go to your prior record, and I'll need you to help me out with that so I can make sure ­ might as well keep this up here -that I have accurate information, okay. First of all,

this indicates that you have no juvenile record. INMATE DAWSON: Correct. Is that true?

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: trouble, huh?

Never got in

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INMATE DAWSON:

Right. Good. Are you

PRESIDING COMMISSIONER SHELTON: nervous? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON:

Okay, try to

We're not here to beat you up, okay. INMATE DAWSON: Okay. This is your

PRESIDING COMMISSIONER SHELTON:

hearing, and I want you to feel free to contribute as much to it as you would like to. INMATE DAWSON: Okay. Okay. With

PRESIDING COMMISSIONER SHELTON:

regards to your adult prior record we have that, uh, you had three contacts with law enforcement before this commitment offense. INMATE DAWSON: Correct. First one was

PRESIDING COMMISSIONER SHELTON:

in June of '74, you were arrested by Lynwood Police for Assault with a Deadly Weapon, with the D.A. rejected due to a lack of corpus. INMATE DAWSON: wrong person. PRESIDING COMMISSIONER SHELTON: wrong purpose ­ person? INMATE DAWSON: Yes, I was at a party at my, my And, uh, apparently he was And she threw a You were the Yeah, they, uh, arrested the

sister's cousin's house.

having a dispute with his neighbor.

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brick and hit my sister in the mouth.

I picked up the

brick and threw it at the house, it broke a window. So, they arrested me for Assault with a Deadly Weapon, but they should have arrested her for hitting my sister with the brick, that's what happened. PRESIDING COMMISSIONER SHELTON: other person get arrested? INMATE DAWSON: No. Hmm. I So, did that

PRESIDING COMMISSIONER SHELTON: appreciate the extra information.

It said, uh, as

well you were arrested in July of '75 by the Los Angeles Sheriff's Department for possession of marijuana. INMATE DAWSON: Correct. Tell me about

PRESIDING COMMISSIONER SHELTON: that one. INMATE DAWSON:

I was, uh, (indiscernible) and

my cousin wanted some marijuana, so I knew where he was and picked it up ­ we picked it up, and the Sheriff's Department stopped us and they arrested me. PRESIDING COMMISSIONER SHELTON: cousin. INMATE DAWSON: Not my cousin. Because -And not your

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

He was the driver. Oh, and you had

PRESIDING COMMISSIONER SHELTON: the marijuana.

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INMATE DAWSON:

No, he had it. Oh.

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

On his possession, but they

arrested me for moving in the car. PRESIDING COMMISSIONER SHELTON: Okay. And

then, let's see you were arrested September '79, by Los Angeles Sheriff's for Driving Under the Influence, and you pled guilty to this. INMATE DAWSON: Yes. And let's see,

PRESIDING COMMISSIONER SHELTON:

you were placed on Summary Probation, which basically means not supervised probation, court probation for one year. And you had to attend driving school and You failed to

pay a three hundred dollar fine.

appear in court on 3/14/80 after receiving an extension to pay the fine, so a warrant was issued. Evidently you had been in county jail. INMATE DAWSON: Correct. It says for

PRESIDING COMMISSIONER SHELTON:

"issues related to the commitment offense", so all this was happening about the same time. INMATE DAWSON: Yes, ma'am. And then you You were given

PRESIDING COMMISSIONER SHELTON: pled guilty to violation of probation.

credit for 10 days, a bench warrant was recalled. What were you under the influence of, sir? INMATE DAWSON: Alcohol.

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PRESIDING COMMISSIONER SHELTON: when the commitment offense. INMATE DAWSON:

Then that's

Sometime after that. Okay. Did I

PRESIDING COMMISSIONER SHELTON:

leave anything out, or is that accurate information for your prior record? INMATE DAWSON: Yes, ma'am. Okay. You can

PRESIDING COMMISSIONER SHELTON: smile now, there you go. history. INMATE DAWSON: Fairly well.

Let's talk about your social

I -Let's ­ let me

PRESIDING COMMISSIONER SHELTON:

go through what we have here and I'll take some notes and make sure we have all accurate information, okay. INMATE DAWSON: Okay. First, let's

PRESIDING COMMISSIONER SHELTON: verify that you were born on 10/20/55. INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yes.

In Los Angeles.

PRESIDING COMMISSIONER SHELTON: third of three children. INMATE DAWSON: Correct.

And you're the

PRESIDING COMMISSIONER SHELTON:

And your dad's

name was Leon, and your mom's was Lorraine. INMATE DAWSON: Yes. Uh, you told,

PRESIDING COMMISSIONER SHELTON:

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uh, the probation officer doing your report that, uh, you were raised in a united home with two sisters, is that true? INMATE DAWSON: Yes, ma'am. So, tell me

PRESIDING COMMISSIONER SHELTON:

about growing up, say between the time you were born ­ which I'm sure you remember that ­ uh, to when you ­ say you first started high school, how was family life? You had two sisters. INMATE DAWSON: comfortable. PRESIDING COMMISSIONER SHELTON: do for a living? INMATE DAWSON: Company. PRESIDING COMMISSIONER SHELTON: me when you talk to me, it's okay. You can look at He worked at the Uni-Royal Tire What's your dad Stable, disciplined,

No, it's okay.

You are so nervous, just take a deep breath, okay. Dad worked for Uni-Royal Tire Company. INMATE DAWSON: Yes. Okay. And what

PRESIDING COMMISSIONER SHELTON: did mom do? INMATE DAWSON:

She worked there, too. Oh, well that's

PRESIDING COMMISSIONER SHELTON: good.

And so you went to grammar school. INMATE DAWSON: Yes. Junior high

PRESIDING COMMISSIONER SHELTON:

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school. INMATE DAWSON: Yes. And what about

PRESIDING COMMISSIONER SHELTON: high school? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: high school diploma? INMATE DAWSON: Uh, I got a GED.

Did you get a

I didn't

graduate because I was, uh, I think I was 102 credits, uh, from graduating. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: A 102?

Yes, somewhere around there. Don't you only

PRESIDING COMMISSIONER SHELTON: need 124 to graduate? INMATE DAWSON:

Well, I don't ­ back in '74, I

think it was more, I'm not for sure. PRESIDING COMMISSIONER SHELTON: you got your GED. INMATE DAWSON: It's hard for me to remember Oh, okay, but

something that happened -PRESIDING COMMISSIONER SHELTON: that's okay. You got your GED. Yes, ma'am. Did you get Yeah, well

INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON:

your GED incarcerated or out on the streets? INMATE DAWSON: Yes, I got it at BBI. Okay, good.

PRESIDING COMMISSIONER SHELTON:

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So, you were living with your folks at the time of your arrest? INMATE DAWSON: Yes, also with a girlfriend. So, you're back

PRESIDING COMMISSIONER SHELTON: and forth kinda? INMATE DAWSON: Yes.

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

Okay.

I always went home to do stuff

from my father and my mother, cut the grass, take the trash out, anything that my father couldn't do because he hurt his back. PRESIDING COMMISSIONER SHELTON: Oh, very good.

It says here you joined the National Guard in October of '75. INMATE DAWSON: Yes, ma'am. And that's one of

my biggest mistakes, I should have, uh, I should have, uh -PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Stayed there?

Should have stayed, I should

have went in for regular Army when I had the chance. PRESIDING COMMISSIONER SHELTON: It says you

returned from basic training in March of '76, but you failed to attend meetings and you were consistently absent without leave. INMATE DAWSON: Yeah, when I came back to

California, uh, employment was kind of hard to get at the time. So, I decided to move to San Antonio, Texas

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with my sister.

And even though I should have learned

the bus routes but I didn't, and they give me an honorable discharge for failure to report. PRESIDING COMMISSIONER SHELTON: I know it says

you did get an honorable discharge in October of '77. This says you were a social drinker since the age of 17. You used some marijuana. And you indicated you

had a PCP problem in high school. INMATE DAWSON: Yeah. You were in

PRESIDING COMMISSIONER SHELTON:

counseling for your drug use, for a week at the Martin Luther King Hospital. INMATE DAWSON: judgment I made. Yes, ma'am, that's another bad

And since I accepted Jesus Christ in

my life that pretty much straightened up all the defects of characters and my struggles that I had with alcohol and, uh, any type of substance. water -- I mean I don't drink coffee. for cigarettes or nothing like that. that anymore in my life. PRESIDING COMMISSIONER SHELTON: you. INMATE DAWSON: That's something I'm embarrassed Well good for I don't drink

I don't care I don't need

to talk about but that's something that happens when you're young. PRESIDING COMMISSIONER SHELTON: You're

embarrassed to talk about the mistakes you made with

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drugs? INMATE DAWSON: it was wrong. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Uh-huh. Yes, because I know, you know,

And I made a mistake, but I

didn't really have nobody to talk to for guidance at that level. about that. And I was scared to talk, embarrassed But as I said when I accepted Jesus

Christ in my life that, that straightened out all my defects of characters and my shortcomings. PRESIDING COMMISSIONER SHELTON: go to AA and NA right now? INMATE DAWSON: Off and on. We'll talk Good. Do you

PRESIDING COMMISSIONER SHELTON: about that. that.

The Commissioner will talk with you about

Uh, it does indicate here that your parents

convinced you to, uh, go to San Antonio, Texas to live with a relative because they were concerned about your ­ the drug influence in the neighborhood. also used, uh, cocaine. INMATE DAWSON: Yes. At the age of Uh, you

PRESIDING COMMISSIONER SHELTON: 21. What other kinds of drugs? INMATE DAWSON: That's about it.

PRESIDING COMMISSIONER SHELTON:

So, at that

particular time it appears that you had a drug problem but not an alcohol problem, or did you have an ­ well

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you had an alcohol problem, too, because you got a drunk driving so to speak. INMATE DAWSON: Yes, ma'am. Okay, good.

PRESIDING COMMISSIONER SHELTON: Uh, have you ever been married? INMATE DAWSON: Twice.

PRESIDING COMMISSIONER SHELTON: were you married the first time? INMATE DAWSON: Oh, let me see.

Tell me when

PRESIDING COMMISSIONER SHELTON: if you get it wrong. INMATE DAWSON: believe it was 1990. PRESIDING COMMISSIONER SHELTON: long did that last? INMATE DAWSON: Four years.

We won't tell

My first marriage was, uh, I

Okay, and how

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

Children?

I have a 14-year old daughter. From that first

PRESIDING COMMISSIONER SHELTON: marriage? INMATE DAWSON: Yes, ma'am.

PRESIDING COMMISSIONER SHELTON: what's her name? INMATE DAWSON:

Okay.

And

My daughter or my first wife? Your daughter.

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

Michelle Rene Dawson. Do you have

PRESIDING COMMISSIONER SHELTON:

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contact with her? INMATE DAWSON: Yes, she's right up the street

in Hollister, I call her every week. PRESIDING COMMISSIONER SHELTON: see you? INMATE DAWSON: Every Friday. We get ­ we got Does she come

Fridays back now, Friday night visits, so I see her every Friday, every other Friday. PRESIDING COMMISSIONER SHELTON: brings her here? INMATE DAWSON: Yes, ma'am. So, you're And her mother

PRESIDING COMMISSIONER SHELTON: still getting along with your ex-wife? INMATE DAWSON:

Yes, we're good friends. Good. Tell me

PRESIDING COMMISSIONER SHELTON: about your second wife. INMATE DAWSON:

I'm married to, uh, my high

school sweetheart, Janice Dawson. PRESIDING COMMISSIONER SHELTON: still married to her? INMATE DAWSON: Yes, ma'am. Your high And you're

PRESIDING COMMISSIONER SHELTON: school sweetheart, huh? INMATE DAWSON: Yes, ma'am.

PRESIDING COMMISSIONER SHELTON: reacquainted while you've been in here? INMATE DAWSON:

How did you get

Her brother got killed and I

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called to say, send my condolences and -PRESIDING COMMISSIONER SHELTON: it, huh? INMATE DAWSON: Well, we always (indiscernible) So, how long That started

PRESIDING COMMISSIONER SHELTON: have you been married? INMATE DAWSON:

It will be 11 years in December.

PRESIDING COMMISSIONER SHELTON: Congratulations. INMATE DAWSON: It's all right. Yes.

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: We're friends.

PRESIDING COMMISSIONER SHELTON: it's important.

That's good,

Uh, the record says here that you

fathered a boy, but evidently that's not true or is it? INMATE DAWSON: went to the Army. Yes, I fathered a son before I

He's a correctional officer at, I

believe at Lancaster right now. PRESIDING COMMISSIONER SHELTON: mom? INMATE DAWSON: Her name is Yvette Grant. So, that was And who's his

PRESIDING COMMISSIONER SHELTON: outside of a marriage relationship. INMATE DAWSON: Yes, ma'am.

PRESIDING COMMISSIONER SHELTON: old is your son?

So, how, how

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INMATE DAWSON:

I would say he's about 28 right

PRESIDING COMMISSIONER SHELTON: contact with him? INMATE DAWSON:

Do you have

Because he's a correctional They tell me he can't be

officer that's not possible. there until I get out.

PRESIDING COMMISSIONER SHELTON: might ­ they might consider that a -INMATE DAWSON: when my father passed. PRESIDING COMMISSIONER SHELTON: INMATE DAWSON:

Okay.

There

We talked by phone conversation

Oh, okay.

But that was about it. All right. We've

PRESIDING COMMISSIONER SHELTON:

Okay, sir, we've talked about your family. talked about your education.

And what kind of

employment experience did you have before you came in custody? INMATE DAWSON: I was a gas station attendant, a I was in the process

janitor, and a security guard.

of going to street maintenance for the County of Los Angeles before I came to prison. I was in the process

of trying to do that (indiscernible) PRESIDING COMMISSIONER SHELTON: Is there

anything else that you would like to add to the record, uh, based on your social history that I didn't talk about? We talked about children, marriage,

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vocation, employment, your family life. still alive? INMATE DAWSON: there. PRESIDING COMMISSIONER SHELTON: Take a breath, sir. for you. INMATE DAWSON: ago. PRESIDING COMMISSIONER SHELTON: affects you still very much, yes? INMATE DAWSON: Yes.

Is your mom

Yes, she has a letter right

And your dad?

There's some fancy Kleenex here

He passed away, uh, three years

And that

PRESIDING COMMISSIONER SHELTON: hear that, sir. INMATE DAWSON:

I'm sorry to

It affects me because, uh, by I

being here because he raised me better than this. was out of my character by getting involved with somebody I had no business getting involved with. I was always focused. I had a job.

And

I had never had I'm

problems getting a job or finding girlfriends.

just embarrassed by being in front of you people when I'm better than this. out of my character. I know I am. And I was just

I had no business walking in

somebody's place of business with a loaded weapon, scaring the employees and taking money and run. And

in the commission of doing that, my crime partner decided to take it upon his self to shoot and kill the

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security guard. ATTORNEY RUTLEDGE: Mr. Dawson. I'll have to caution you,

Uh, the Board appreciates of course when But if it is

you talk about the commitment offense.

your contention to not discuss it at today's hearing, you're starting to discuss it, and that would make you subject to questions by the District Attorney, by the Board about the commitment offense. INMATE DAWSON: I understand that, but I just

wanted to say that because she asked about my father. I just wanted to ­ PRESIDING COMMISSIONER SHELTON: sir. I understand, You were

Evidently, and I'll sum it up for you.

very close with your family and you think ­ you feel you let them down because you weren't raised to behave this way. It appears you got involved in some serious

drug stuff that led you down the wrong path. INMATE DAWSON: Drugs wasn't the problem, the, It was me being out

the cause of me being here today. of my character.

PRESIDING COMMISSIONER SHELTON: you weren't raised to be. INMATE DAWSON: Correct.

Being somebody

PRESIDING COMMISSIONER SHELTON: I appreciate that.

All right, sir.

We're going to go to Commissioner

Sellwood and he's going to talk with you about your post-conviction factors.

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DEPUTY COMMISSIONER SELLWOOD:

Good afternoon,

INMATE DAWSON:

Good afternoon, sir. I'm going to, uh,

DEPUTY COMMISSIONER SELLWOOD:

discuss some information that's listed both in your CFile and in what we call the Board Report. Now, it's

possible, sir, that I might make a mistake, or that I might leave something important out. If you find that

I do that, please free to let me know so I can correct the record. INMATE DAWSON: Okay. All right.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Yes, sir.

DEPUTY COMMISSIONER SELLWOOD:

All right.

What

I'm going to start with is some basic information, to start. Uh, your current classification level is 19,

and your current custody level is Medium A, is that correct? INMATE DAWSON: Correct. Okay. Your last

DEPUTY COMMISSIONER SELLWOOD:

hearing was April 15th of 2003, and that was your Initial Hearing, and you received a three-year denial. You were received here at CTF on September 8th of 1997, all those accurate? INMATE DAWSON: Yes, sir. Okay, good. Uh,

DEPUTY COMMISSIONER SELLWOOD:

in regards to discipline you have a very, very good

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history with a somewhat recent 115. 115s in your entire history. INMATE DAWSON: Correct.

You only have two

DEPUTY COMMISSIONER SELLWOOD:

All right.

Now,

the first one was way back in April of '85, a long time ago. INMATE DAWSON: Yes, sir. Could I explain? Well, if you'd

DEPUTY COMMISSIONER SELLWOOD: like to I would ­ sure. INMATE DAWSON: Okay.

I left San Quentin and, I just moved out of that

uh, I did everything right.

cell because the equipment in there, the counselors and officers told me that the guy was a petafile. DEPUTY COMMISSIONER SELLWOOD: All right. INMATE DAWSON: And, uh, one particular night

the guy got, uh, naked, said to take my clothes off. I told him I'm not, not with that. I don't play that.

And I tried to tell the officers to let me out, move me, they wouldn't. They told me to hold on and they One particular night, he And

would try to find me a cell.

made a ­ he approached me and I defended myself. then things cleared up.

The officers had handcuffed

and they was taking him out. DEPUTY COMMISSIONER SELLWOOD: Okay. Now,

actually what I did was I made a mistake on the date, that was '82. INMATE DAWSON: Yes, sir.

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DEPUTY COMMISSIONER SELLWOOD: a mistake on the date.

Okay, '82, I made

When I looked at the date, I Yeah, that incident was in

saw the 128, so I'm sorry. '82, all right.

Then the other one 115 was January of

'02, and that was for sexual behavior which was inappropriate sexual behavior, uh, with a visitor. INMATE DAWSON: My wife. Okay. And we

DEPUTY COMMISSIONER SELLWOOD:

have all read, uh, the file so we're aware of what that was, all right. Uh, the 128 was way back in '85, So,

as I mentioned the date, back in April of '85.

you actually have a very, very good, uh, disciplinary record. Uh, I'm sure that you wish that '02 event had

not happened because it's closer to your parole hearings. And had that happened, you know, 10 years

ago, it would have been easier to look at it as a distant event, but it was '02, so it's four, four years ago. INMATE DAWSON: Yes, my wife, she demanded some

passion as far as we could go and, uh, conversed, but she said even ­ she wanted some passion or else she was going to find it on the street. DEPUTY COMMISSIONER SELLWOOD: Okay, well, all

Uh, but, uh, again, three ­ a combination of

three 115s and 128s all together for your entire history, sir, is very, very good. Well, two 115s, one

128, so a combination all together of three

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disciplinary write-ups for your entire history is excellent. INMATE DAWSON: Thank you. And you should be

DEPUTY COMMISSIONER SELLWOOD: congratulated on that, all right.

Uh, let me go over

the history as reported since your initial hearing. From 9 of '03 to 9 of '04, it states that you did not participate in any vocational training for that year, that you did not pursue any academics in that year. This is September of '03 to September of '04, okay. Yes, you've something to ­ ATTORNEY RUTLEDGE: Oh, his ­ your Voc? Okay. Is there

DEPUTY COMMISSIONER SELLWOOD: something during that period? INMATE DAWSON: Yes, sir.

DEPUTY COMMISSIONER SELLWOOD: the guard here.

She'll give it to

And have you got other things that

you think I don't have in front of me that you would like me to see and review, sir, do you want me to see those, too? too, unless ­ ATTORNEY RUTLEDGE: Yeah, we'll go ahead and Why don't we give those to the guard,

then you can figure out what to do. DEPUTY COMMISSIONER SELLWOOD: Thank you, sir.

Yeah, I mean I might as well seem them all, then I can take a look at them. That's fine. We'll give them

PRESIDING COMMISSIONER SHELTON:

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back to you, don't worry.

Thank you. Thank you. Okay,

DEPUTY COMMISSIONER SELLWOOD: so, let's see. INMATE DAWSON:

You mentioned the Voc. I was mentioning

DEPUTY COMMISSIONER SELLWOOD: vocational.

What they said was there was no Okay,

vocational training during that period of time. so let's take a look here. INMATE DAWSON: completion. DEPUTY COMMISSIONER SELLWOOD: take a look here and see. Oh, there it is, sorry. Okay.

Well, that's my certificate of

So, let's

Okay, this is dated ­ not. Here's, here's what

Okay.

I'm going ­ according to this, sir, unless there's another one you want me to see, I'm referring to the one-year period between September of 2003 and September of 2004, so for that one year period only, because I'm covering times since your last hearing. You've given me a certificate of completion for Vocational Graphic Arts. And it's presented on the

second day of October of 2001. INMATE DAWSON: sir. DEPUTY COMMISSIONER SELLWOOD: No, that's fine. Okay, that's the one mistake,

I'm glad we ­ maybe that helps you relax a little, too, a little interchange and -INMATE DAWSON: The time frame.

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DEPUTY COMMISSIONER SELLWOOD:

Okay, I'm sorry, But

I should have made that more clear to you, okay. this is great to hear.

My expectation is that this

was covered at the initial hearing, and so it's already on the record. And I'm just bringing this up

to date since your last hearing, okay. INMATE DAWSON: Okay. So, that's what

DEPUTY COMMISSIONER SELLWOOD: I'm covering specifically.

So, let me take a moment

here and look at these ­ some ­ these other things because I've something from '97, something here from the year 2000, again 200, again 2000. Okay, and

here's your GED which you had earlier stated that you had accomplished, the GED, and here's that here. then ­ okay. Now, we'll see if I get to this. And

This

one is dated, uh, `04 ­ 9 of '04, so we'll make that I cover this one in this time period. from back in '02, also. Okay. Okay, this is

So, these items appear

that they should have been covered in the initial hearing. And this which is a presentation of

employment earning for Board of Prison Term Hearing. And these were your earnings prior to the last hearing? INMATE DAWSON: The vocational print shop

graphic arts department, too. DEPUTY COMMISSIONER SELLWOOD: Oh, you're

suggesting ­ okay, for instance a Binding and

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Finishing Supervisor which started between 30 and 65,000 a year. INMATE DAWSON: Yeah, that's just the

(indiscernible) earnings status of where he scheduled off the paying of the company. DEPUTY COMMISSIONER SELLWOOD: Should you leave

prison and go out and find a job as someone doing that. PRESIDING COMMISSIONER SHELTON: part of ­ DEPUTY COMMISSIONER SELLWOOD: parole plans. PRESIDING COMMISSIONER SHELTON: -- parole plans -DEPUTY COMMISSIONER SELLWOOD: covered that. PRESIDING COMMISSIONER SHELTON: -- so let me add this to my pile over here. DEPUTY COMMISSIONER SELLWOOD: that's fine. Okay, good, -- I think we've This would be This might be

Thank you for bringing all that up.

It's real important that the record is accurate, and that you agree that it's accurate. And that way, you

don't have to ­ you can come back at some time and say well that was wrong. We're going to do it right here. So, let me

So, that's fine, no problem at all.

continue with this one-year period, from September of '03 to September of '04, okay. And again let me know

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if anything is wrong.

Work record, it says that you

were dropped from the Vocational Print Shop, nonadversely, it was not your fault. there too long, is what they said. INMATE DAWSON: Correct. Okay. Uh, group You had simply been

DEPUTY COMMISSIONER SELLWOOD:

activities you were not involved in any self-help group activities for that one year period, and you remained disciplinary free. onto the next year. Now, I'm going to move

This year being September of '04

through September of '05, okay, for one year only. Vocational training, none. Academics, none. All right. Work Group Okay,

record, central lunch box crew.

activities, none documented during that period. and remain disciplinary ­ Yes, please, go ahead. INMATE DAWSON: As of September 1 -Uh-huh.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: machine operator. DEPUTY COMMISSIONER SELLWOOD: this September? INMATE DAWSON: Yes, sir.

-- I'm in textile, sewing

As of September,

DEPUTY COMMISSIONER SELLWOOD: fine. PRESIDING COMMISSIONER SHELTON: yet. DEPUTY COMMISSIONER SELLWOOD:

Okay, that's

We're not there

We're not there

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yet, I'll get there.

Uh, and that you remained

disciplinary free for that period. INMATE DAWSON: Yes, sir. All right. Now,

DEPUTY COMMISSIONER SELLWOOD: I'm going to go to next year.

This year that I'm

going to cover now is actually not a full year, it's from September of '05 up to January of '06, so only about a four month period. During that period there You

was no vocational training, no academics. remained on the central lunch box crew.

And you

participated in Narcotics Anonymous and Anger Management groups, okay, and that you received the authorization for ­ now we're in the (indiscernible) okay. Now, I'm going to go up here ­ PRESIDING COMMISSIONER SHELTON: Can I ­

DEPUTY COMMISSIONER SELLWOOD: Yes. PRESIDING COMMISSIONER SHELTON: a second? -- bust in for

You mentioned textiles, right now. Yes, ma'am. What are you

INMATE DAWSON:

PRESIDING COMMISSIONER SHELTON: doing ­ is that your work right now? INMATE DAWSON: Yes, ma'am.

PRESIDING COMMISSIONER SHELTON: you start that? INMATE DAWSON: September 1.

And when did

DEPUTY COMMISSIONER SELLWOOD: ago.

Yeah, a month

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PRESIDING COMMISSIONER SHELTON:

Oh, okay.

So,

we have that big blank spot from January to September then, huh? Do you have a record of that? I'm, I'm going ­

DEPUTY COMMISSIONER SELLWOOD: I have a January up through August. PRESIDING COMMISSIONER SHELTON: wonderful. DEPUTY COMMISSIONER SELLWOOD:

Okay, awesome,

Okay.

So, from

January of this year, sir, 2006 until August of this year, okay, it says that there was no vocational training, no academics, that you worked in culinary, which I assume is the central lunch box crew. INMATE DAWSON: Yes, sir. Same thing, okay,

DEPUTY COMMISSIONER SELLWOOD:

You participated in Narcotics Anonymous and

you're doing well in that, and that you remain disciplinary free. And then from August up until this

date, the only thing I had in terms of new chronos, I did not have a chrono ­ well, unless this is it. There's a chrono in there dated September 6th, so just about one month ago. And it says that you

participated in the training on Cal-Osha Hazardous Communications Standards. INMATE DAWSON: Yes, sir. Okay. And, uh,

DEPUTY COMMISSIONER SELLWOOD:

and then where ­ what happened on September 1 of this year, you got what?

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INMATE DAWSON:

I got reassigned to the textile. Textile, okay.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Yeah, PIA. DEPUTY COMMISSIONER SELLWOOD:

You're in PIA,

INMATE DAWSON:

Yes, sir. So, you came out

DEPUTY COMMISSIONER SELLWOOD:

of the lunch box crew and went over to PIA? INMATE DAWSON: Yes, sir. Okay. And so

DEPUTY COMMISSIONER SELLWOOD: that was continuous.

You had been on lunch box crew

all the way up until that point and then you just went over there? INMATE DAWSON: Yes, sir. Okay, good. And

DEPUTY COMMISSIONER SELLWOOD:

in textiles, I know what the word "textiles" means, but I don't always know what it means in terms of what you do when you work over there. INMATE DAWSON: I'm a sewing machine operator. Okay. And when

DEPUTY COMMISSIONER SELLWOOD:

you do that do you take courses that also teach you how to be better at that along with actually with doing the work? INMATE DAWSON: No, sir. No, okay. So,

DEPUTY COMMISSIONER SELLWOOD: and here's my question ­ go ahead. INMATE DAWSON:

I have 12 years experience, uh,

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of being, uh, sewing machine operator. DEPUTY COMMISSIONER SELLWOOD: did that come from? INMATE DAWSON: PDI, PIA. DEPUTY COMMISSIONER SELLWOOD: Okay, okay. So, Oh, you do, where

you're simply going back to something you've really done well. INMATE DAWSON: Yes, sir. Okay. And that

DEPUTY COMMISSIONER SELLWOOD: leads right into my next question.

If you were to be

paroled and you wanted to earn a living -- which you've talked about having jobs before and doing that ­ do you believe that you are employable by someone; and why they hire you; what is your trade; what is your skill? INMATE DAWSON: A mattress fabricator. Mattress

DEPUTY COMMISSIONER SELLWOOD: fabricator? INMATE DAWSON:

Yes, building mattresses from

scratch and being a sewing machine operator, that's, uh, potential earnings of $8.00 an hour to $15.00 an hour. DEPUTY COMMISSIONER SELLWOOD: there, okay. INMATE DAWSON: Uh, I have, uh, as I said I have Which is in

a very strong work ethic, professional -DEPUTY COMMISSIONER SELLWOOD: But in terms of

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the skill?

I understand the work ethic. Yes. But you think

INMATE DAWSON:

DEPUTY COMMISSIONER SELLWOOD:

that sewing would be where your skills would be, where you would seek employment? INMATE DAWSON: I have options. Okay, what are

DEPUTY COMMISSIONER SELLWOOD: the other options? INMATE DAWSON:

Vocational graphic arts. Okay.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Print Shop.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON:

Okay.

Printing press operator. Okay.

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: And, uh --

DEPUTY COMMISSIONER SELLWOOD: you question about printing presses. exist in this new technological era? INMATE DAWSON: Yes.

Now, let me ask Do they even

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Yes.

Era, era --

DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON:

Era, era.

There's a couple of companies

that use Xerox machines, and they're basically on the same format. DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Okay.

And, uh, I, I learned ­ I got

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the printing press down pretty good.

And I'm

confident enough with my abilities to ­ if I'm lucky enough to get my feet into any major newspaper company, I can run the press, I even load it up, you know, with the paper. DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: Okay. There's a

Or making plates.

bunch of stages in there that's -DEPUTY COMMISSIONER SELLWOOD: If you had a

choice and you were sitting in a job interview today, and she represented the printing press people, and I represented the sewing people, we both offer you a job which one would you go for? INMATE DAWSON: It would be the printing press

because it's more money and more money from it. DEPUTY COMMISSIONER SELLWOOD: PRESIDING COMMISSIONER SHELTON: DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: sir. DEPUTY COMMISSIONER SELLWOOD: I understand. Yeah, of course, Okay, very good. See, I won. Now, let me --

It depends on the company, too,

I was just looking at your interest.

You would be more interested in the printing, is that ­ that's what you're telling me, right? INMATE DAWSON: options are open. DEPUTY COMMISSIONER SELLWOOD: I understand. Yes, right. Like I said my

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You don't always get everything you want, but you've got the other experience. INMATE DAWSON: Yes, sir. All right, now

DEPUTY COMMISSIONER SELLWOOD: let me look at this one.

This is a ­ that you've

handed me is September of '04 Chrono that says you've successfully completed an impact workshop consisting other 13 two hour sessions. "Impact Program is a

self-help therapy designed to provide an opportunity for educational awareness as to the profound negative impact of crime on its victims". So, I don't think I

did cover that, so you've given me that one to put on the record. Okay, very good. Uh, now let me go, sir, I have a March 21 of

to the psychological reports.

2003 report, prior to that I have a July of 1995 report. That's quite a distance in between those so

I'm not going to refer to the 1995 report, it's very old. I'm going to refer to the 2003 report. And I'm

going to take some information out of here, let me start with Substance Abuse History. "Inmate Dawson smoked marijuana and PCP for several years until about the age of 20. From the age of 21 on, he used cocaine on and off. He also drank alcohol He has been attending

occasionally.

Alcoholics Anonymous and Narcotics Anonymous".

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Do you attend those, sir, on a regular basis? INMATE DAWSON: No, sir. Did you at some

DEPUTY COMMISSIONER SELLWOOD: time them on a regular basis? INMATE DAWSON: Yes, sir.

DEPUTY COMMISSIONER SELLWOOD: long, sir? INMATE DAWSON: Uh --

For about how

DEPUTY COMMISSIONER SELLWOOD: months, 10 years? INMATE DAWSON:

I mean, two

It's been years, sir. Now, when you

DEPUTY COMMISSIONER SELLWOOD:

were attending regularly did that go for months or years? INMATE DAWSON: month. DEPUTY COMMISSIONER SELLWOOD: month. And twice a It was months, like twice a

And did you go twice a month for two years,

five years, 10 years? INMATE DAWSON: years, sir. I don't know exactly how many

It probably should be on -But do you think

DEPUTY COMMISSIONER SELLWOOD: a number of years? INMATE DAWSON: Yes, sir.

DEPUTY COMMISSIONER SELLWOOD: just two or three times. INMATE DAWSON: No, sir.

Okay.

It wasn't

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DEPUTY COMMISSIONER SELLWOOD: period of time. INMATE DAWSON: Yeah.

It was a long

DEPUTY COMMISSIONER SELLWOOD: I was looking for.

Okay, that's what

And when do you think was the last

time you attended an AA or NA class? INMATE DAWSON: It's been a while, sir. Okay. Do you

DEPUTY COMMISSIONER SELLWOOD: think a year, two years, five years? INMATE DAWSON: About a year.

DEPUTY COMMISSIONER SELLWOOD:

About a year, Uh, under

Thank you, that's what I needed.

psychiatric and medical history: "Inmate Dawson was a participant in the Triple CMS Program until 1997. He was

depressed at the time, was evaluated as not, not a sociopath and was prescribed Vistiril for sleep. The inmate said about this, `I I was

wasn't seeing my people enough.

stressed out from moving to cell living to dorm living where it was very noisy. I

couldn't sleep". Uh, the diagnosis was, "Axis One, poly-substance abuse in institutional remission. Axis Two, no

contributory personality disorder, a GAF score of 80. Should this inmate at this

time be given a parole or release date his

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prognosis for maintaining his present gains in the community is excellent". Under

assessment of dangerousness, "This inmate has received only two 115 violations during his entire incarceration of 23 years. If

released to the community" ­ oh, excuse me. "Therefore it is felt that he would pose a less than average risk for violence when compared to the Level Two inmate population". So, he rates you as less of a risk for violence than the normal Level Two inmate. release to the community: "His violence potential is estimated to be no higher than the average citizen in the community. The lack of arrest for violent Then in talking about

behavior prior to his conviction, and his lack of violent behavior since his incarceration are reasons for the assessment of a low risk of violence. Although he was

not the shooter in the particular crime for which he was convicted, he was using a loaded weapon to commit robberies, but he did not actually hurt anyone. He accepts

full responsibility for his actions and their consequences, and he is to be commended for improving his understanding by

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accepting full responsibility in no longer trying to shift responsibility to the influence of his crime partner as he has in past evaluations". So, he's noting a significant change in you, and that you're accepting full responsibility for all the things that happened instead of trying to lay some part of it off onto your crime partner. concludes my part, Commissioner. PRESIDING COMMISSIONER SHELTON: Okay. Mr. And that

Dawson, let's talk about your parole plans. INMATE DAWSON: Yes, ma'am. Are you okay?

PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yes, ma'am.

PRESIDING COMMISSIONER SHELTON: pounding? Oh, okay, take a breath.

Is your heart

Uh, we'll go

through it.

I have a new report and we'll go through First of all, it says

the letters and stuff, okay.

for residence that you, uh, obviously would like to live with your wife. INMATE DAWSON: Yes, but upon if it's granted,

uh, she and I would be living with my mother seeing that she's 83-years old and she needs me there to take care of the house and do things for her. PRESIDING COMMISSIONER SHELTON: both move into your, uh, mom's house? INMATE DAWSON: Yes, ma'am. So, you would

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PRESIDING COMMISSIONER SHELTON: in Compton? INMATE DAWSON: Yes, ma'am.

And mom lives

PRESIDING COMMISSIONER SHELTON: there pose any problems for you? INMATE DAWSON: raised. PRESIDING COMMISSIONER SHELTON: where you also got in trouble. INMATE DAWSON:

Would living

No, ma'am, that's where I was

I know, that's

Naw, I'm way past that.

As I

said, uh, the moment I accepted Jesus Christ in my life I straightened out all my defective characters and my shortcomings now. sitting here. As I said I shouldn't be I

I've never involved myself in gangs.

always stayed focused, always went to work, never hung out with a bunch of guys. nothing happened. PRESIDING COMMISSIONER SHELTON: And the real And when I did hang out,

fact is, sir, you in fact are sitting here. INMATE DAWSON: Yes, ma'am, I am, yeah. So, you need to

PRESIDING COMMISSIONER SHELTON: own that and -INMATE DAWSON:

I accept the responsibility. Okay, good.

PRESIDING COMMISSIONER SHELTON:

So, your mom's getting up there in years, right? INMATE DAWSON: Yes, ma'am. Okay. What

PRESIDING COMMISSIONER SHELTON:

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about ­ we've talked about employment to some degree. This one ­ this here says that you would, uh, secure employment using the skills you acquired in the offset printing and mattress fabrication trades. INMATE DAWSON: Yes, ma'am. Okay. Uh, do

PRESIDING COMMISSIONER SHELTON: you have any idea where you might work? INMATE DAWSON:

Well, for starters, for my

second or third day out on parole I would be attending my brother-in-law's driving school, truck driving school. And in the meantime searching for employment

where I'm skilled at. PRESIDING COMMISSIONER SHELTON: Tell me why you

would be attending truck driving school? INMATE DAWSON: Because at my age, I'll be 51 in

October, I might have to just get a truck and be (indiscernible) California, if I have a good record (indiscernible). PRESIDING COMMISSIONER SHELTON: you're keeping your options open. INMATE DAWSON: Yes, ma'am. That's good. We'll This is Okay. So,

PRESIDING COMMISSIONER SHELTON:

Let's take a look at your support letters.

discuss ­ well let's discuss this one first.

your presentation, or this is what you were talking about earlier with the Commissioner about your potential earnings.

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INMATE DAWSON:

Yes, ma'am. And, uh, I

PRESIDING COMMISSIONER SHELTON:

think it's very good of you to sit down and prepare this because it kind of gives you an idea of what to look forward to. I'm not going to read all of this.

But basically, you have gone through equipment operations and customer service and mattress fabrication, listing the variety of jobs that might be available ­ DEPUTY COMMISSIONER SELLWOOD: (RECESS) DEPUTY COMMISSIONER SELLWOOD: of tape one. PRESIDING COMMISSIONER SHELTON: Thank you very We're on side two Excuse me.

And as I was discussing with Mr. Dawson, we

were looking at the, the services and jobs that might be available for you, and you listed down hourly and annual wages. INMATE DAWSON: Yes, ma'am. So, uh, how ­

PRESIDING COMMISSIONER SHELTON:

where did you get these amounts from, out of curiosity? INMATE DAWSON: in print shop. PRESIDING COMMISSIONER SHELTON: Okay, good. Out of the training books we had

So, you had a good resource to go with, from. INMATE DAWSON: Yes, ma'am.