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EXHIBIT I (PART 3)
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Life is going' to come at you quickly and sometimes harshly. -What are the anchors that you're going to
~o
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rely upon, 'that you're going "Oh/, man, job.
turn to, that said l Ohl I didn't get that Oh,
r'
didn't expect this.
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oh , .i.t; didn't pay as much as I thought.
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these guys want me to do drugs".
Whatever it is what
are you going to grab onto and hang onto and saYI "OkaYI ,lIm all right here while other things". hang onto? INMATE DAWSON: Yes, I do. 'What are those?
~
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figure out these
Do you have some anchors that you/ll
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DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON:
pa'rent.s .
The Lord Jesus Christ and my
DEPUTY COMMISSIONER SELLWOOD: INMATE DAWSON: And my f ami, ly .
Okay.
DEPUTY COMMISSIQNER SELLWOOD: INMATE DAWSON:
Okay, and
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And my determination and will to It may not be what I'm
get any type of job available.
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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' lIm determined to do, sir. DEPUTY COMMISSIONER SELLWOOD: Getting
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employment as a convicted felon is sometimes hard.
,: .. ' s,
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INMATE DAWSON,: """"It,t s. going to. be hard, but doors They got programs for us.. And i f I
.:;
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are opening.
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present myself -DEPUTY COMMISSIONER SELLWOOD: church affiliation? INMATE
D~WSON:
Do you have any
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Yes, my, my parents' church. :And so you can
DEPUTY COMMISSIONER SELLWOOD: go to that church? INMATE DAWSON:
That's where 1 1 1 1 be going. Okay, all right.
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DEPUTY COMMISSIONER SELLWOOD: Thank you, Commissioner.
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PRESIDING COMMISSIONER SHELTON: . Okay. Bushling, any questions? DEPUTY DISTRICT ATTORNEY BUSHLING: any que s t i ons: PRESIDING COMMISSIONER SHELTON: ATTORNEY RUTLEDGE: I just I
Mr..
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donlt
h~ve
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Ms. Rutledge . . .
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PRESIDING COMMISSIONER SHELTON:.Do_ questions? ATTORNEY RUTLEDGE: Uh, I do.
y~~ )~~ve _a~y
_
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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
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ATTORNEY RUTLEDGE: him.over the years? INMATE month. .... ,.
DAWSO~:
I call him at least once a
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ATTORNEY RU'];!LEDGE:· ,..And Ls he-v a spiritual - do '..., .
..:,.:-
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you - he'S your spiritual advisor or what's your
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relationship? INMATE DAWSON: We went to school together. All right. AndI know it's your Is that person
ATTORNEY RUTLEDGE:
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5.
DEPUTY COMMISSIONER SELLWOOD: time, but let me just understand.
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different'from the pastor of the church you would go to that
y~ur
mom goes to?
You talk about going to
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mom's church. INMATE DAWSON: Yes. Is he the same
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DEPUTY COMMISSIONER SELLWOOD: guy? INMATE DAWSON: No.
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DEPUTY COMMISSIONER SELLWOOD: different? INMATE DAWSON: Different guy.
Or he's
DEPUTY COMMISSI()NER SELLWOOD: you. ATTORNEY RUTLEDGE: All right.
T~a~k ]
Thank
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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
Freeway··that~s·not:.·:.,":",",.,... :<~l' .. ·"·'.·,'
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··of,·matt:r:ess'··faet·ories- off the' 9·1 too far from my parents' house.
And, uh, according to
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the book where I got all my potential there 1 s - there f s options open.
earnings~
So, I have, just to But as I said
driv~
hit the bricks and put in my resumes.
in the meantime, I will be - I learned how to truck, so it I
S
a
not like I'm, just going out there and
doing nothing. ATTORNEY RUTLEDGE: at the prison. And, uh, you've worked, uh,
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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
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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?
I~TE
DAWSON:
Yes t at the time I wast uh , d.n
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the mattress factory, and for 12 years I was lead man. . r~_AT-TORNEY"RUTLEl?GE:- All -righ.t.INMATE DAWSON: .'.,,;, . ., .",' !!-'"!~
"~"
I wast'uh t I was in charge of 22
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in'f!lates making sure they pick,up the (indiscernible}r make sure they supply and everything. , ATTORNEY RUTLEDGE: Now r since you got that, 115
in 2002 r have you - do you have visiting privileges? INMATE DAWSON: Yes. And
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ATTORNEY RUTLEDGE: INMATE DAWSON: privilege. ATTORNEY RUTLEDGE:
I just had a 30-day loss of
~ll
right.
SOr
have your
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uhr been able to, uh, visit with your wife and other people
~ithout
incident? Yes.
SOr
INMATE DAWSON:
ATTORNEY RUTLEDGE: is - is it back to normal? INMATE DAWSON: to keep' ..m . marriage. Y ATTORNEY RUTLEDGE:
right now your visiting
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Ye s, ... that was like a ultimatum
Okay. 1 1m sure your
PRESIDING COMMISSIONER SHELTON: wife understood. INMATE DAWSON: got a 115. PRESIDING COMMISSIONER,SHELTON: INMATE DAWSON: happen with'the Board. PRESIDING COMMISSIONER SHELTON:
~",
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Well r she's been mad because I
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Uh-huh.
She knew what was going to
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',"" e,
Yeah.
.':' .,\.'·· r',
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INMA-TE DAWSON:·
Be cauae I told her -about ,it-;. 1'.",
PRESIDING COMMISSIONER SHELTON:
I'm sure when
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.you talk to her she'll go -INMATE DAWSON: I try to
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PRESIDING COMMISSIONER SHELTON: they say?" INMATE DAWSON:
"so what did
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pride myself on keeping ,out -
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keeping away from the 115s, staying out of .troubie. DEPUTY COMMISSIONER SELLWOOD: fairly good job. ATTORNEY RUTLEDGE: NQ further questions for Okay. You've done a
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PRESIDING COMMISSIONER SHELTON:
ATTORNEY RUTLEDGE: . -- Mr .. Dawson. PRESIDING COMMISSIONER SHELTON: go into closing statements, sir. We're going to
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
stat~,ment.
Mr. Bushling. Thank you,
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r ........ -, -.:,:".
I; -.
DEPUTY DISTRICT ATTORNEY BUSBLING: I'll be, uh, very brief.
Uhf the D.A.'s Office is
opposed, uhf 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 ,ocdurred over a period 'of a month, February 29 t h and January 30 t h · In the first incident,
uh, the co-defendan~ actually pulled the trigger - or rather, uhf cocked the gun, uhf and we got that from
·f·acts that t.he Board adopted.
Sat .t.he
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inmate .. knew..
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the danger that was, uhf uhf 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 'r was under the impression listening to the inmate uh,' remorse, that his
r~morse
'spea~
of his,
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, r
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seemed to be, uh , on what this had done to him.
think he needs some more insight at this timer and those are
th~
reasons. I would ask a
PRESIDING COMMISSIONER SHELTON: favor of you, Mr. Bushling.
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We, we had done some Could you
research prior to starting this hearing.
give .us a brief - time frame - of the fact ... -- - . I . think . .. . . . . - that . .originally Mr. Dawson was given, uh r life without parole. And there's - since there was confusion r I
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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
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us 'a while to do some homework, and I'd like to save ',: ,,'. :.. ,';':" . ' ,,',
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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
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Okay. carry it
"On April
24, 1981, the trial court denied Dawson's motion for a new trial but did strike the
~pecialc_ircum~:ta...ncE; f.inding
pn the. -muz de r _ -_ _ __ _ __ .
count in sentencing the 38 years to life, 25 to life plus 13 years. As a result of a
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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
w~s
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found to be true by the jury that the trial court acted on December 13 t h , 1984 to modify -- - the-- original sentence
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to -impose-
the t-erm-- of .
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--. :.:
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life without possibility of parole on Count
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12.
Respo~ding
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 r I appreciate that. what we walked through. Thank you very
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It1s a good summation of All right, Ms. Rutledge r do
you have a closing statement? ATTORNEY RUTLEDGE: Ye's r thank you. Whi.le Mr.
Dawson r uhr today has taken responsibility for his " behavior in r uh, the commitment offense and the other offenses for which he was convicted, uh, according to the psyche reports, beginning which, is 2003
r
~ith
the most -recent one
he, uh., t.he , the .ps'ychd at.r-Ls t; .. w:rites_
that he hasr uhr uh, he regrets - well, uh, her he that the co-defendant was an old friend of his. And,
uh, even though he was in a good life position r uhr he went with them do something that was wrong. And, he
describes the motives he had as greed, uhr stupidity and ignorance.
Uh r and he ,told the psychologist that
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he never had any intention of harming anyone, uh; and that he no longer puts
mo~t
of the blame on his
Uhr
partner for influencing him.
but says that he '-"".
., /.
~
:
.to,
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takes full responsibil'i,ty fQX breaking t.he ·law and committing robberies. He was sentenced to 38 years to
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life.
At this time he· has no~ 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, hets 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
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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
loc~~d
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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 Uh, and then here he was very
~
charge other Lnmat.e s.
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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,b1.1tthat's._
surely what he's most interested in but not allowed to do that at this time. He, uh, has done other things
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....
to show the Board that he's suitable including impact and getting his GED. And he did complete anger
managementuh, and has received certificates, uh, in
o~her
areas of ·self-help
i~cluding.
Uh, and he, and
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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·y·· uh'," as the court· - .. the t···,the· . reason why he got the -38 to :+ife was the court felt
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that his role in, the offense -"and Ilm quo t e - I'm referring to the sentencing transcripts - that the trial judge felt that due to his role in the crime that, uhf life without the possibility of parole,was 'not appropriate. And but he still gave him, uhf you
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1~
know, an otherwise appropriate sentence he felt was, uhf otherwise appropriate.
h~s
So, I know that the Board
to consider his individual culpability for the
offense" and I think that's been addressed here today. Uhf 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
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married to a woman that he's known since high school, ,uh, continues contact with his family, uhf continues to do well. UhF and 'he tells the Board today that it
beli~:vet]:lc:l.t
..w~~, an abez-rat.Lon for, h.irn.. _ And I at his record in prison.
,lookiJ:?g ,
Uhf 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
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can do to show the Board.
emotional state that, uhf he respects the seriousness of this proceeding. So, all those things- considered
and his age, I would ask that the Board, uhF grant him' a
parol~
date' today,
Thank you. Thank you. Mr.
," ·····
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'PRESIDING COMMISSIONER SHELTON:
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Dawson, would you like to make a closing statement?
INMATE' DAWSON:
Yes, I would.
I would 1 ike to"
uh, say something pertaining to what the District· Attorney sa i.d .
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
a~d
taking money.
If there's anyway possible I can
apologize to each and every' one of'. those people I scared, I would. unl.e s s , unless my I
couldn~t
hurt nobody like that was
lif~ W:9t.S ._in_da,ng~r,. 0):" _i~ ;I;
defending my country.
This is just something I have Somebody lost.
f~r
to live with for the rest of my' life. their life by my careless, stupid act and committing a robbery.
going along
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
As I said I have straightened myself out. I got trades.
I
know what I really needed in my life.
I got marketable skills where, you know - lIm .....-..
.'v·,..".··
·26···· de·termined····to··be·a upstanding'citiz·en.· T just' pr'ay27 that this panel will give me a second chance. I
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didn't actually shoot nobody but, uh, 1 1m responsible because I participated in that robbery. I
~ish
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I
would have seen what would happen, what ·was going on but I d i.dn tt; see it happen. until I got charged with it.
1. didn't know it happened
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I just myself involved·
with wrong people, and that's something that will never happen again. I'm older, wiser, and I'm focused
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on trying to have an upstanding life.
PRE~IDING
COMMISSIONER SHELTON:
Okay.
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INMATE DAWSON:
Thank you. You're welcome, It's a few
DEPUTY COMMISSIONER SELLWOOD:
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sir.
Let's recess for deliberations.
minutes after 3:00 p.m.
RECESS
--000--
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CALIFORNIA BOARD ·OF PAROLE HEARINGS DEC I S ION DEPUTY COMMISSIONER SELLWOOD: record. . PRESIDING C9MMISSIONER SHELTON: All right. We We are on the
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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 re.ceived, and we1yerelied on the following
circ~mstances
in
concluding that you are not yet suitable for parole. 1 realize that's not what you want .to hear, and we'll go there iU'a second. And you would pose an
unreasonable risk of danger to society or a threat to public safety if released ... Thi.s if your,. uh-, first subsequent hearing, is it not? INMATE DAWSON: Yes. Okay. And you
PRESIDING COMMISSION~R SHELTON:
had an initial hearing where you got a three-year denial. INMATE DAWSON: Yes. .1 want you to
PRESIDING COMMISSIONER SHELTON: understand this process.
You could.have gotten a
five-year denial on your initial hearing, so you are You want the numhexavto go·" DECISION PAGE 1 10/04/06
-, '.. '-'" . ·.·26· -. ..doi.nq something right. 27
D. DAWSON C-30679
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down, you donlt 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.
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PRESIDING COMMISSIONER SHELTON: hard yes, wasn't it?
Oh, that was a
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.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
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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
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about the commitment offense. many victims there were, sir? INMATE DAWSON: No.
PRESI:p:r:NG. COMM:):SSIONER _S.HELTON.; that's part of the problem. was disastrous.
You .sh0'U~d,
17 18 19 20
This commitment offense.
'I,t was awful, somebody died. Yes, I understand that.
An~
INMATE DAWSON:
PRESIDING COMMISSIONER SHELTON:
you
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mentioned the name of the person that died, so 1 '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: : , .. D. Yes, malam.
PRESIDING COMMISSr-ONER SHELTON: .' And. you, tiaLked.. DAWSON C-30679 DECISION PAGE 2
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a little bit· with us about how that in the class that you took l which was the impact class I 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
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~.
.dispassionate and calculated manner that'showed exceptionally callous disregard for human suffering. And for the loss of life and at least 1~ other victims that suffered there 'was something like 33 hundred dollars. Did you get any of that money? The Sheriff took it back.
Wer~.
INMATE DAWSON:
,PRESIDING COM'!'fISSIONER SHEL'J:'Olij'; to get half? INMATE DAWSON: Excuse me?
.you goi.ng.
'"
PRESIDING COMMISSIONER SHELTON:. Were you going to get half of that? 'INMATE DAWSON: Yes. SOl you1re
PRESIDING COMMISSIONER SHELTON:
INMATE DAWSON:
Yes.
I
,'\:;, ~
~
.·:, ...,
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.-,'" PRESIDING COMMISSI-ONER SHEIiTON: :·· ..80 D. DAWSON C-3067.9
!
you need to
10/04/06
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understand that, sir. INMATE DAWSON: I do. Good. These
PRESIDING COMMISSIONER SHELTON: conclusions are drawn'from the
stateme~t
of facts that
~e
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came from the April 2003 Board Report, and incorporated that'already into the not repeat it.
record~'
so I will
with regards to a prior record, uhf He
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Mr. Dawson had no juvenile record·which is good.
has, uhf three, uhf incidents of arrests, uhf as an adult. And I would say the most serious of the three,
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uh/ were, was the driving under the influence of alcohol. So, with regards to that it's to your
12 13
14
benefit that you. do not have a record of violence'or assault in your background. things· that you
ne~d
So, you're doing the. With regards to
15'
16. 17
to be doing.
institutional behavior; you've received a total of. two 115s, the last being in 2002. You've received one
18 19 20 21 22 23'.
24
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-helpr uh, during the course of your time '. You got your, uhf vccat.Lcn You got
early on r haven't upgraded that in any way.
25
:,. ··· a.l · · · · I
your GED early on and, uhf haven't upgraded that in
26-
any 'way. '.. You "z'e a ··gdod 'worker';' whi.ch I I 11 -get into' in
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1 '2
3
a second.
Uh, and our concern, too, is that
yo~
need
tq 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
4 5
6
admission and the records indicated you had a serious drug and alcohol problem early on. I don't see
7
8
anywhere as of late where you've - you need to consistently participate in something like AA.or a substance abuse program of your choice . .And again 1 1 1 1 summarize that shortly. evaluation is fairly positive. Your psychological Uh, I.don't remember
9 10 11 12 13 14 15
16
---
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 pext
hearing the Commissioners don.' tgo, "Dh, we need a new. psyche eval". So, that will be brought up tO,date for Your parole plans are pretty
17 18 19 20 21 22 ....
you and with you/ okay. good.
Uh, I would suggest doing a few things, ub, to Ub, 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. I think you need to You have learned
23· You mentioned something yourself. 24 25
start working on a resume right now.
a variety of skills and have developed a variety of
.'
.-
'. ;
.~.
- ......:
.
27
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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
2 3 4 5 6 7 8 9
10
11
start sending them out.
ot
contacts, start sending that resume out and seeing I worked with an
what.kind of response you get.
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
thin~,
uhf I would suggest, you might want to find - this had something to do with the question that Commissioner Sellwood aaked 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
12
13
14
15 16
something equivalent before you get out of here "that w,ould help ,bridge that gap INMATE DAWSON:
fo~
you.
17 18
19
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
20
21
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 pprsue that· activi ty for at least as long as you I re on parole if not longer. INMATE DAWS0N:· .'.. EV'en- though it· was -something '" D. DAWSON C-30679 DECISION PAGE 6 10/04/06
;
22
23
24 25
26' .
.
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1
2
that happened 26 years ag.o? 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 r sir.
3 4 5
6
true story because it involves my brother.
7
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
8
9
10 11 12 13 14 15
16
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 thatrs not
as close as a wife or family but kind of be distance r and maybe give you unemotional advice. . INMATE DAWSON: . I -understand. ' You follow?
17 18 19 20 21 22 23 24 25
-.,
PRESIDING COMMISSIONER SHELTON: INMATE DAWSON: Yes, I do.
PRESIDING COMMISSIONER SHELTON:
SOr it's like
having a buddy back there saying r "God r you know r my worldrs caving in". the picture
an~
They canlook r stand back 'outside
sy~tem
look in at you, be a support
for you.no matter the.issue. INMATE DAWSON:
Does that make sense?
Yes! ma'am. Okay. With
PRESIDING COMMISSIONER SHELTON:
.-
26' 27
re'gard's :t·o th'e 3'O'42"-Noti'ces we' send 'out, 'uh',' that I s·;·'--'· D. DAWSON C-30679 DECISION PAGE 7 10/04/06
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
· "':",
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
~esponses
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 recordls fairly good. You
Uh, you have, uh l worked in vocation p+int shop.
got moved out of that I not 'by your fault just that it was time because youlve been there a long time. have your vocat-Lon 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 cur-rent; you are in
You I ve recently paxt.Lc.i.pat.ed 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 reallYI really like it, and you did that in 2004. Uh l so, with that standing I want tO I uh,
indicate that in a separate decision the hearing panel finds t.hat; it I S not;' reasonable to expect that parole ' would be granted at a hearing during the following two years.
-and
And to specifics reasons we have talked about
orie , we-talked· about t.he
-~
»»:
;;
-2·6·
27
I·~will·,··summarize·;,
D.
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1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2·6 27
summary of the offense and, 'you know, you indicated on . several occasions that you were out of there. you
cha~acter
And the Commissioner also tried to talk with what· out· of character meant, how often'were Spend a
abou~
you going to go in and out of character.
little bit more time dealing with those circumstances so you have - you're more grounded.
~,
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. peopie flying planes into the building and xesta,urant.s, it's crazy out tp.eJ;"e._ PRESIpING COMMISSIONER SHELTON: It is, sir. You got
And there's a part of me I think that.thinks you're a tidbit naive 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 pe a leader or a commander, uh, of a combat unit over there, take -care of business, but that 1 s the mistake I made by not 'staying "'in the" Army," D. DAWSON C-30679 DECISION PAGE 9 " , '~'O
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1
PRESIDIN~
COMMISSIONER SHELTON:
so~e
As I was saying And you
2 3 4 5 6 7 8
9
we probably need to work on
insight.
know, it1s, uh, one of the things and based on the statement that you made, I appreciate what you say.
I
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
10 i1 12 13 14
PRESIDING COMMISSIONER SHELTON:
is that you can1t 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,.
151
-16 17 18 19 20 21 22 23 24 25
~.
PRESIDING COMMISSIONER SHELTON:
with regards to what else. we talked about, .uh., let_l s just do a review 0f 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
·r·
know that
some classes are available or even boo~s on - you' know, when you do get back home with your wife there's going to be a different world.
r
And, you know, she's
....
····
·
of
".""". ';Z'(j-""'going t.o have make 'room for your toothbrushi···,so·-to···· ..., 27 D. DAWSON C-30679 pEcrSION PAGE 10 10/04/06
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21, 22 23 24 25
~..
";;'-''';2'6''''-'
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, hOdkup with something here in' the institution like AA or NA and something s.i.m.Ll.ax , stay with it consistently. We talked about, uh, you will,
also have to distance yourself from that 115 that you got. We I re going to
requ~st
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, with -- you know you spelled
somet~ing lik~
ou~
you did
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 itls a rule violation. I understand all
th~t.
PRESIDING COMMISSIONER SHELTON: you do.
Good, 1 1m glad
Thank you. 'Commissioner, do you have
anything to add at this point? DEPUTY COMMISSIONER SELLWOOD:' D. DAWSON C-30679 Not",-I "bob-ink' _ ~' -,' .. 10/04/06
27
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1 2 3 4 5
6
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.
oka'y . . Sir, we
You're moving
in~
DEPUTY COMMISSIONER-SELLWOOD: sir. PRESIDING COMMISSIONER
SHELTO~:
Good luck to you,
7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
;
Good luck to
you. ' That concludes this hearing at about 3:40 p.m.
--000--
PAROLE DENIED TWO
~EARS
THIS DECISION WILL BE FINAL ON: YOU WILL BE PROMPTLY NOTIFIED r DATEi THE
DECIS~ON
FEB 0 2 21107 '.
IF PRIOR TO THAT
.·····r·. .
~ ,r.~
.....
,/
...,
26
27
IS' _ODIFIED·.
.'
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CERTIFICATE AND DECLARATION OF TRANSCRIBER
, I, TAMA BRISBANE, the owner of House ofScribes, have designated TONI ANDERSON, a duly' designated transcriber with House of Scribes residing in the State of California, to transcript.
pr~pare
the foregoing
With my signature I do hereby declare and
certify, under penalty of perjury, that I have directed her to transcribe audio video(s) that total one in number and cover a total of 81 pages. recording was duly recorded
~t
The
CALIFORNIA
~EPARTMENT
OF CORRECTIONS, CORRECTIONAL TRAINING FACILITY, SOLEDAD, and the foregoing pages constitute a true,
"
complete and accurate transcription of the - 'aforementioned tape to the best of her ability .. I hereby certify that House of Scribes and its designated transcribers'are disinterested parties in the ,above-captioned matter and. have, no interest in the outcome of the proceeding. Dated 'January 19, 2007 in Stockton, California.
O~~r, House of Sc:r-~bes
'"
", .
"
...... :
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EXHiBIT B
(Psychological Evaluation)
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PSYCHOLOGICAL EVALUATION FOR THE BOARD OF PlUSON TERMS (REVISED AUGUST 1998) PAROLE CONSIDERATION HEARING APRIL 2003 LIFER CALENDAR ' CORRECTIONAL TRAINING FACILITY, SOLEDAD MARCH 21, 2003
This is the fourth psychological evaluation for the Board ofPrison Terms on inmate
Darryl Dawson, CI)C# C-30679. Tills report is the product of a personal interview, conducted on 03/21/03, as well as a review of his Central file and unit health record. This single contact interview was forthe express purpose of.preparing this report.
The inmate' was informed of the nature and the purpose of the intervi ew, and the lack of· confidentiality inherent in the present assessment He was also informed that a report for 'the Board of Prison Terms would be prepared. He understood this and agreed to participate.
PSYCHOSOCIAL ASSESSMENT
I.
IDENTIFYING INFORMATION:
Inmate Dawson is a 47-year-old, married, African-American male. His stated religious affiliation is Christian (does not attend services, but reads the Bible, and prays at bedtime). No unusual physical characteristics were noted, and he denied the use of any nicknames or aliases. '
'n.,
l)EJ;(ELO:E:MENT.AL,HISr,ORY:
Inmate.Dawson was the third of three children, having two older sisters. He was , raised by both patents.'
He stated there were no prenatal or perinatal concerns or birth defects. He had no abnormalities of developmental milestones. All speech, language and motor. development occurred unremarkably. He denied any history of cruelty to animals,
enuresis or acts of arson. He stated he had no significant childhood medical history, and denied a childhood history of physical or sexual abuse as either a perpetrator or a victim.
In.
EDUCATIONAL mSTORY:
Inmate Dawson dropped_outof high school in the 12th grade to "work and run the streets." ,
IV.
FAMILY HISTORY:
Inmate Dawson was born and raised in Los Angeles. His father works for the Uniroyal Tire Company. He died in January 2002. His mother is still. living ill the same house, and formerly worked as a presser in a linen supply company. He has frequent contact with his mother, an~ with one of his sisters,
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DAWSON" DARRYL CDC NUMBER: C-30679 BPT PSYCHOLOGICAL EVALUATION PAGE TWO
WIlen inmate Dawson was 20 years old, his mother sent him to Texas to get him away from peers who had unacceptable conduct, according to her. The inmate commented upon this, and said that he was associating with "the bad elements in the streets."
V.
PSYCHOSEXUAL DEVELOPMENT AND SEXUAL ORIENTATION:
Inmate Dawson is a heterosexual male. He denied any history ofhigh-risk sexual behavior or sexual aggression, either prior to or since incarceration.
. VI.
MARITAL mSTORY:
Inmate Dawson first married Yvette in the mid-197Gs, and they had one son, Terrell, who is now age 28, and a correctional officer at CIM. Since his son is a , correctional officer, his contact has been very restricted, but he did talk to bini on ,the phone after his father died. . During his incarceration, he married Dawn from 1990 to 1994, and they had one daughter, Michelle, who is now age ten, with whom he exchanges cards. Currently, inmate Dawson is married to Janice, in 1995, who was his high school sweetheart. ' ,
VD.
~U:.A:RY .HIST.ORY:
Inmate Dawson was in the National Guard until 1977. He had an honorable discharge, but was 'frequently AWOL. Asked about this, he said that he had difficulty getting transportation, then agreed that this was a weak excuse.
, . vm. EMPLOYMENTIINCOME HISTORY:
Inmate Dawson has worked, as a gas station attendant, as a security guard, as a waiter, as a janitor, and as a bus boy: The last job he had at the time ofhis arrest was as a parking lot attendant,
,
.
Since his incarceration, he has worked as a clerk at several jobs, then worked in a mattress factory for 12 years. He is currently a press operator in the print shop. He has completed vocational graphics. ' ,
IX.
SUBSTANCE ABUSE mSTORY:
In;m.at,e Dawson smoked marijuana..and PCP for several years, until about the age o:f2'0. From the age ,of21 on, 'heused cocame on and off. He also drank alcohol occasionally, Hehas been attending Alcoholics Anonymous and Narcotics Anonymous.
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DAWSON, DARRYL CDC NUMBER: C-30679 BPT PSYGHOLOGICAL EVALUATION PAGE THREE
X.
PSYCIDATRlC AND MEDICAL HISTORY:
. _
de
VI
. ;§~:p.;;:~~~ig;iB.;~~ii9,:miW~~i~f;:tl}~ ,QCClY;fS ~I:~,gr~'unti112/2019'J1 .. B~ was '·t~e'~fi'rii~; ·W;·a:s·.;~vl'il1ia'te-a."as "not a sociopath, ' and was prescribed ~'-1' fot'sleep:..The inmate said about this, "1 wasn't seeing my people enough.
. ,.
I was stressed out from moving from cell living to donn living, where it was very noisy, and I couldn't sleep." Inniate Dawson's only medical problem is hemorrhoids, for which he takes the following medications: Anusol, another ointment, plus Fibercon, In 09/90, he .had a cyst removed from his left wrist. He has had no medical or psychiatric hospitalizations, and has had no serious accidents or head injuries. He has had no history of suicidal ideation or suicide attempts. He has had no seizures or other neurological conditions. He has had no history of disabilities or significant impairments. '
XI.
PLANS IF GRANTED RELEASE:
Should inmate Dawson be given a parole date, he states thathe would live with his wife in Los Angeles County, and would work in the print division ofthe L. A. Times, or he would work in any major mattress factory. CLINICAL ASSESSMENT
XII.
CURRENT MENTAL STATUS/TREATMENTNEEDS:
Inmate Dawson appears to be his stated age of 47. He was appropriately dressed and groomed. He was coherent, cooperative, calm and alert throughout the interview. His speech was clear and readily understandable. 'His flow of thought and affect were within the no:rnial range. There were no hallucinations or delusions noted. He was fully oriented. His intellectual functioning was estimated to be within the average range. His attention and concentration were adequate for the purposes of this examination. There was no. evidence of a mood or thought disorder. His insight and judgment appeared to be intact. He showed good insight into his commitment offense. . .
CURRENT DIAGNOSTIC IMPRESSIONS:
Polysubstance Abuse,' in institutional remission. No Contributory Personality Disorder. AXIS lIT: Chronic hemorrhoids. AXIS IV: Incarceration. AXIS V: . GAP = 80.
AXIS II:
AXIS I:
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"
DAvVSON, DARRYL CDC NUMBER: C-30679 BPT PSYCHOLOGICAL EVALUATION PAGE FOUR
Should this inmate at this time be givenaparole or release date, his progaosis.for ' maintaining his present gains inthe community isexcellent.
XIII.· REVIEW OF LIFE CRIME:
Inmate Dawson described the circumstances surrounding his commitment offense. He stated that his life was very comfortable at the time, and he had no real need for extra money. He was living with his mother andone of his girlfriends. He had a job as a parking lot attendant, with promise of a promotion coming very soon. He regrets that he did not sign up to enlist in the Army after his National Guard period, and he regrets not marrying his present wife sooner. Inmate Dawson told ofreturning to Los Angeles, and meeting an old friend ofhis (his partner, Kenneth Jordan), who had just been released from prison for armed robbery, and who .asked him ifhe had ever had thoughts of committing a robbery. He said he went along with it out of "curiosity." "My biggest mistake was going along with something when it was' wrong." He said that what he did was "from greed, stupidity, and ignorance." Inmate Daws~n explained that he and his partner robbed three places during two day period: a market, a Jack 'N the Box, and another market. He said his partner told him all he needed to do was show the cashier that he had a weapon, 'and to take the money. He denies ever pointing his loaded revolver directly at anyone or threatening.to.shoot.unless,they.,gav,e,t!le·ipJ.oney.. .Heexplained-ehat, .in.one .store, he did not hear any shots because it was very crowded, and there was music playing. His 'partner was outside the store, around the corner, and shot the security guard, who was trying to make a phone call at a pay phone. He said he heard later that a security guard was shot to death by his partn~r: Inmate Dawson said he never had any intentio~ ofharming anyone, and said, ''1 couldn't see killing anybody, except for. my country, or to defend my life---that's how I was raised." The imnate no longer puts most ofthe blame on his partner for "influencing me too much, or putting to much peer pressure" on him, but said, "I take full responsibility for breaking the law and committing robberies."
a
XIV. ASSESSMENT OF DANGEROUSNESS:
A. This inmate has received only two -CDC-lI5 violations during his entire incarceration of23 years: one in 10/82 for a physical altercation with a cellmate, and on 01/12/02 for sexual behavior in violation ofthe rules with a . .female visitor. Therefore, it is felt that he wml1a. pose a 'less than average risk for violence wheaccmpared t@-tliis· tIJeV'eHI·iJ:jfuate'J!i0ptilation.
B.
Ifre~~as~d '1;0 the community, his violencepotential is estimated. to be no
higli~f';thari,the.,aver8:ge
citizen-in the community. This is based on the following considerations:
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DAWSON, DARRYL , CDC NUMBER: C-30679 BPT PSYCHOLOGICAL EVALUATION PAGE FIVE
The lack of arrests for violent behavior prior to his conviction, and his lack of violent behavior since his incarceration (excepting the physical altercation with a cellmate many years ago). 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 accepting full responsibility, and no longer trying to shift responsibility (to the influence of his crime partner), as he has in past psychological evaluations.
XV.
CLINICIAN OBSERVATIONS/COMMENTSJRECOMMENDATIONS:
A. ~:Qi~Apmate ,i,~ ,Cf01?:1p,etep.t'ian9-;'¥$l_S.P.9,~~!4~ f9r his behavior. He has the dilJ~~1Y tq-~bitle{iQy:ri;p:~titlJtiriria1';standards arid'has generally done so,during ills incarcerationpefiod, B. This inmate does not have a mental health disorder which would necessitate treatment, either during his incarceration period or following' parole. C. As this inmate denies having a problem with alcohol or drug abuse, no recommendations are made in this area. ,
~~'~/-4.b.
WILLIAM GAMARD, Ph.D. Staff Psychologist . CORRECTIONAL TRAINING FACILITY, SOLEDAD
B. ZIKA, ,Ph.D. Senior Supervising Psychologist CORRECTIONAL TRAINING FACILITY, SOLEDAD
WG/gmj
D: 03/21/03 T: '03/25/03·
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EXHIBIT C .
(Life Prisoner Evaluation Report)
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LIFE PRISONER EVALUATION REPORT . INITIAL PAROL;E CONSIDERATION HEARING APRIL 2003 CALENDAR
DAWSON, DARRYL
C30679
I. .
COlY.!J.Y.UTMENT FACTORS: A. Life Crime: Murder Ist, Armed with a Firearm [187 and 12022(a) PC), Count
12; and 13 counts ofRobbery with Use of Firearm (211 and 12022.5 PC), Los Angeles COUI).ty case number A-357550. Victim: Dwight Cousins, age unknown, Received in CDC on 5/22/81. Sentenced to 25 years to Life on the Murder plus one year for Being Armed with a Firearm and 12 years on the 12 counts of . Robbery, for a total term of2S years to Life plus 13 years..Life term started 9/30/87. MEPD: 5/31/04.
1.
Lamart ardan, participated in three Los Angeles area robberies: a Jack-inthe-Box at 4069 Century Boulevard in Inglewood on January 30, 1980 (two victims), at McCoy's Market at 10905 South Atlantic Boulevard in Lynwood on February 29, 1980 (five victims) and at a Boy's Market at 3670 Crenshaw Boulevard also on February 29, 1980 (six victims). At about 10:40 p.m. on January 30, 1980, T. Jackson. the assistant manager of the Jack-in-the-Box on CenturyBoulevard, noticed the cashier give something through the drive-up window to a man later identified as Dawson. 'WhenJackson complained, Dawson pointed a handgun at him. Jackson ducked behind a grill, whereupon a man later identified as Jordan tola"Jac1Ci30i1:1o ou't"6'tlliere wouICl.'b'e'Shoo'tilli '~Argunp6m~ ordered Jackson to have another employee admit Dawson through the back door. Dawson walked Jackson to the front of the restaurant, where Jordan ordered Jackson to open the safe. As Jackson reached for his wallet to obtain the safe combination, Jordan cocked the handgun that he aiming at Jackson. Jackson explained his purpose and was allowed to remove his wallet, which Dawson took and removed the combination for Jackson. Dawson retained the wallet. In addition to the wallet, Dawson and Jordan took all the coins from the safe, money from the cash register, and the wallet from the cashier. The reported loss was about $170.
Summ~ of Crime: Darryl Dawson and his crime partner, Kenneth
.
come
'laTaan
was
At about 8:00 p.m. on February 29, 1980, a man later identified as Jordan entered McCoy's Market in Lynwood, approached a checker from behind and ordered him to remain at his checkstand, to remove the cash from the register and place it in a paper bag. The checker complied and then turned around to see that Jordan was holding a gun. A second gunman, later identified as Dawson, held a gun pointed to the floor and ordered a second checker to empty her register. Dawson directed this checker to also empty the till from two closed checkstands, A third, unidentified person was also involved in this robbery. The liquor clerk, the snack bar manager and his wife were all robbed, as well. Before the three perpetrators left the store, . J ord~ placed a gun 'in the side of the uniformed but unarmed security
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guard and ordered him to the rear of the store. The reported loss was $2,000. At about 9:00 p.m, on the same date, a box boy at the Boy's Market on Crenshaw Boulevard in Los Angeles observed Jordan enter the store. He immediately came back outside and walked around the corner toward the telephones. Shortly before, ·the uniformed and amied security guard, Dwight Cousins, had passed the box boy, walking in the same direction, The box boy heard a shot, after which he looked in the direction of the telephones in time to see the security guard falling. Cousins, clutching a telephone receiver !is he fell, was heard to cry out, "Oh my God, I've been hit." Jordan, who was holding a gun, told Cousins, "Give me your gun." after which he took the guard's gun. Jordan then entered the store. Cousins bled to death. In the store, two men approached the checker at checkstand 11 and demanded the money from the register. A man later identified as Dawson approached the assistant manager; pointed a gun at him and told him that he would be shot .ifhe did not do as he was told. Dawson then marched the assistant manager to checkstands 6, 5 and 2 in succession (numbers 3 and 4 were closed) where he demanded money from each of the.checkers. Jordan approached the checker at checkstand 8 and demanded food stamps and change. He helped the checker to empty the register. Thereafter, Jordan called across the room to Dawson and proceeded to.the next checkstand. He then approached the checker at checkstand 6 who informed Jordan that his friend had already been there, As one of the box boys was calling for security, a nearby box girl heard Jordan respond, "I've already killed one person. Do you want to be next?" After Jordan learned that Dawson had been to checkstand 6, he called, "Let's go," and the pair left the store. The reported loss was $1,200. Dawson and Jordan were arrested at about 11 :00 p.m. subsequent to
m-vesngI'l.'f'ibti 'tlf'the 'k1:c'C6Y"s roboery, after the"c'artli'eYWere"'iifwas
stopped for running a red light. Los Angeles Police Department officers investigating the robbery and murder at the Boy's Market received an anonymous tip regarding the description ofthe vehicle used in the commission of the offense. They broadcast this information and were contacted by the Los Angeles Sheriffs Department, A subsequent investigation revealed that a vehicle fitting the description was parked at Jordan's residence. Jordan's roommate had a large amount of money when investigated by the officers and revealed that Jordan had called from jail, told him where to find the money and to use it for rent, etc. Dawson and Jordan were seen in custody, interviewed and subsequently placed under arrest on March 10, 1980. Dawson's crime partner, Kenneth Lamart Jordan, was convicted on 18 or 20 counts of Robbery and 2 counts of Murder 1st and was sentenced to Life Without the Possibility of Parole. On Apri124~ 1981, the trial court denied Dawson's motion for a new trial but did strike the special circumstances finding on the murder count and sentenced him to 38 years to Life (25-Life plus 13 years). As a result of a remittitur from the Second Appellate District Court of Appeals directing the Los Angeles Superior Court to either impose the Life Without Possibility of Parole under Count 12 or to strike the special circumstance that was found to be true by the jury, the trial court acted on December 3, 1984 to modify the original
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sentence to impose the term of Life Without Possibility of Parole on Count 12. Responding to a second remittitur from the Court of Appeals, the Los Angeles County Superior Court acted on November 24, 1986 to strike the special circumstances allegation and resentenced Dawson to the original term of25 years to Life.plus 13 years.
[POR, pp 6-8, 10; Appellate Court Decision (4/25/83) pp5-6, 13, 15-18J
2.
Prisoner's Version: In an interview for this report, Dawson stated that the following statement represents his version ofthe issues behind his life crime: ".
I had no business committing robberies. I had ajob and was in the process
of moving up into a higher position. I was living with my parents as well as with a girl friend. I knew that Kenneth Jordan was a person who always was in trouble with the law, and during a casual conversation, he asked ifI . had ever tried doing a robbery, and that all you have to do is show the gun and tell them that this is a robbery and put all the money in the bag. No one was supposed to get hurt. Kenneth Jordan took it upon himself to shoot the security guard, Mr. Cousins.
I did not see what happened, nor did I have any kncwledge of what had happened. I would have never went along with cornrrritt;i.nga crime of robbery ifI would have known he was going to harm anyone.. IfI would have seen what he was about to do, maybe I could have stopped him. He didn't have to shoot the security guard, Mr. Cousins. That was Jordan's .judgement, and his only.
Mr. Cousins should have never been harmed; no one should have. I had no business going into someone else's place of business and demanding ,fiibrrey'lrcijji''t11eiy''w6fkers. Tlfad'Jic5'!busmess 'breaJ.afig'i:1finaw:']'aI.ways held a job and didn't have to do these crimes which have put my life in the control of others. I was trying to impress the ladies by always having money and by being able to take them out. But what I've come to realize is that what really impressed everyone who knew me was that Lalways held down ajob and didn't hang out getting in trouble along with the people who stayed in trouble with the law. My reason for doing these crimes of robbery was stupidity. My motivation was pur.e ignorance. I have great remorse for my actions and for the families who were affected by my stupidity. No one should have been hurt. Kenneth Jordan acted on his own judgement. I take full ' responsibility for my actions. I had no business committing crimes of robbery. I am very sorry. This is not in my character.
3.
Aggravating/lY.litigating Circumstances: a. The following factors in aggravation were noted per Title 15 CCR , §2283: .. The victim; who was shot without warning while he was trying to use a telephone, was particularly vulnerable. CTF-Soledad
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During the commission ofthe crime, the prisoner had a clear opportunity to cease but instead continued. , The manner in which the crime was committed created a potential for serious injury to persons other than the victim' of the crime. The prisoner was on (summary) probation at the timethe crime was committed. '
·
·
b:
The following factors in mitigation were noted per Title 15 CCR §2284: ' '. · The prisoner was a passive participant or played a minor role in the commission of the crime. " The prisoner has a minimal or no history of criminal behavior.
B.
II.
Multiple Crime(s): None.
PRECONVICTION FACTORS: A. B.' . JuvenileRecord: None.
,
,
Adult Convictions ,and Arrests: Dawson has a minor criminal history of a total of three contacts with law enforcement before the commitment offense.
He was first arrested on 6/14/74 by Lynwood police for Assault with a Deadly , Weapon '(zZlS P,C~, wbictrwas a DA reject TIue to 'lack 'of'corpus, ' . . . -- . Dawson's second arrest was on 7/16/75 by Los Angeles sheriffs for Possession of Marijuana (11357 H&S), which was also aDAreject due to lack of corpus. Dawson's last arrest before his commitment offense was on 9/24/79, again by Los Angeles sheriffs, for Driving Under the Influence (23102 VC). On 10/10/79, Dawson pleaded guilty in Compton Municipal Court. Imposition of sentence was suspended, and he was placed on summary probation for one year on condition that he attend driving school andpay a $300 fine. Dawson failed to appear in court on 3/14/80 after receiving an extension on 11/16/79 to pay the fine, and a bench warrant was issued (Dawson had been in Los Angeles County Jail since 2/29/80 on issues related to his commitment offense). On 5/6/80, Dawson pleaded guilty to the violation of probation and was given credit for 10 days served in the county jail. The bench warrantwas recalled. , [Cll and POR, p. 5]
.
C.
Personal Factors: Darryl Leon Dawson was born in Los Angeles on 10/20/55, third ofthree children to the union ofLauraine (Catley) and Leon Dawson. He told the interviewing officer for his POR that he was raised in a united.home with two sisters. At the time of his arrest, Dawson was living with his parents in' a three-bedroom house in Compton. He had attended Centennial High School, but dropped' out in the twelfth grade. Rejoined the National Guard in October, 1975.'
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He returned from basic training in March, 1976, but failed to attend meetings and was consistently absent without leave. Nevertheless, he was awarded an . honorable discharge on 10/24/77. The POR (p. 4) notes that Dawson had been a social drinker since the age of 17; the July 23, 1991 Psychological Evaluation (p. I) notes also marijuana usage during this period. He acknowledged having a PCP problem while in high school. He was in counseling about his drug usage for a . week at Martin Luther King Hospital. In order to get him away from the influence of drugs' in the neighborhood, his parents convinced him in 1976 to go to San Antonio, Texas, to live with some relatives. Nevertheless, his drug usage continued. Dawson began using cocaine at the age of21 and used it 'up to the time of his commitment offenses. The'POR (p. 10) notes the opinion of the .investigating Los Angeles Police Officer, who opined that Dawson was definitely involved and was more than a peripheral hanger-on. However, the officer stated that Dawson was not the chief motivator in the planning and commission of the crimes. Codefendant Jordan was apparently supplying Dawson with drugs and used this as an inducement to convince Dawson to participate in the robberies. Dawson had not married by the time of incarceration, but had fathered a boy who was six years old at the time of Dawson's commitment. The file shows no evidence of sexual abuse or of a mental disorder.
m.
POSTCONVICTION FACTORS:
A. -Special Programming/Accommodations: None required, Custody History:
B.
OS/22/81 to 06/17/81 06118/81· to 07/16/85
07/17/85 to 08/25/96
. "[18126196 to '(J2727797'
02/28/97 to 09/07/97 09/08/97 to Present 07/02/81 09/12/83 02/13/86 08/18/89 to to to to 09/11/83 02/12/86 08/17/89 Present
.CVSP ~1'\JlA LJLtt. ..
CCI CTF CloseB custody . Medium A custody Close B custody (per guidelines of OP #7'1) Medium A custody
RCC-CIM SQ DVI
Dawson was first assigned at San Quentin to A.M. School on 7/2/81. He was in the ABE-II class by 9/8/81 and in the ABE-ill class from 1/29/82 until shortly before 11/18/82, when he was dropped non-adversely subsequent to a housing change that precluded participation in the A.M. School. He was assigned as a .clerical worker in January,.l9B3. He earned good ratings, 'and received the approbation "amazingly efficient" on his CDC 101 chrono d.ated 7/18/84. At Deuel Vocational Institution, Dawson was assigned first as a clerk . ("yxceptional worker" per 12/31/85 CDC 101),then as a general.maintenance worker and, on 3/28/86, to the PIA Mattress Factory as a pillow maker. He' .became a sewing machine op.erator on 11118-8 {"excellent worker with exceptional sewingskills" per 10/2189 G:P~ 1.P.1.) .an4<>.oJ;l}/15/9.4, waspromoted to Leadman in the Mattress Factory. His final CDC "101 at DVI, dated 7/19/9.6, stated, "Dawson has had to step up and help up production levels .in the factory. He has
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done a very..:goodj.Qb." Isadditionto his regular work assignment, Dawson .?tudie("Ffor and passed the GED testbattery 'and received his certificate on 5/29(91.
At,Ghuckaw~lla Valley State Prison, Dawson was assigned to the Yard Miinteiiand~·t;rewfrom9/i'7/9p. to 1012/96.. He ·~as:,theDj.p;tpQ.c;ll),q~.4.Jlf. the vocational fi~!s1.p;(igra:phic·atts·Through assignment to the 'CVSP GTapmc Arts pro~r~ from 10/3/96 to 2/27/97 .
.4twlJ~~,qp.Jif(;?lJ;\ia,:,C01T.e:c:tiQna-~ ~l'l3'sj:itutiol:1, :Jla;wSCll} W~;;.~8S~IWed to their vocational print shop program from 3/27/97 through 5/9797.
At 1h©...Ggf.G~, ',~ 'I'';f.ah::iing-:Pacliity, Dawson was initially assigned as a dining :J.i~tw0:rkeP' . "9127f9TJt() 9/3:.0/97. .He was then assigned to the vocational print ·P.:J.19:g~· ~~f!/';JJ9?1... :He ;w.as.~~9'p'p~1$l ;fI:opl theprogram due to ,.GOW$,~p.Q9..mpletion on
·th~:pnntlng mdustry.
10/1~!,QJ, IB:y,t'P.;¢).:;,:
:-'~~1610'0:;·.Da.wson
ssi~N~~'~a~"ifJ6urneyman G::~pl:i!G Attis:t:
has the skills to make an excellent erilplbyee-in .
c.
Therapy and Self-Help Activities: Although Dawson started submitting urine sampl~s .f0vto:x-i
()'J--!03
D.
assessed 10 days Disciplinary Detention and 10 days loss of behavior credits. The ~ second/last, dated 1/12/02, is an administrative violation from CTP for Sexual ~~.,~~~~£r..Q£.Y~~.!~K.R.?2.~2· ...B~ VY.~,!~~£.¥.!lld~·l1:Y and .as~,~~_~;?,~.?g.4~:y,?J()?s,of · kji) .prIvileges, counseled, warned and repnmande . . ' _. . _.... - I - - .
D?scielinary Hist0ti: Dawson's disciplin~histor:y is l~te~ to two Rules VIolation Reports. ~h~ first-dated 10/21/82, 1S asenous violation.from.San QJ.+.y,;ntin£0r.,i[nvolv.ement in an..A:ltercation.(a cellfight). Hewas found, guilty and
7
E.
Other: Dawson attended his Documentation Hearing #4 on 8/9/00. TheBPT Representative made the following evaluations and recommendations: re: vocational training, 1997 - Voc
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