Free Motion to Dismiss - District Court of California - California

Case 4:07-cv-04713-CW

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EXHIBIT> B

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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: PEDRO FELICIANO

CDC Number C-59854

CORRECTIONAL SOLEDAD,

TRAI~ING

FACILITY

CALIFORNIA 2005

AUGUST 31,

8:47 a.m. PANEL PRESENT: T6M SAWYER, Presiding Commissioner DOUG FILANGERI, Deputy Commissioner

OTHERS PRESENT: PEDRG FELICIANO, Inmate DAVID SPOWART, Attorney for Inmate JOSE ZEBALE, Interpreter for Mr. Feliciano Correctional Officers Unidentified

CORRECTIONS TO THE DECISION HAVE BEEN MADE
. .

._--------

No Yes

~See

Review of Hearing Tranicript MemOrandum

Felicia Townsend,

Peters Shorthand Reporting

----------------~._._~._~-----_.-~--~---~--,----------~-----

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INDEX PAGE Proceedings .. Ca s e Factors. 3

.r ,

10 14 23 18
,

Pre-Commitment Factors. Post-Commitment Factors. Parole Plans .

Closing, Statements. Recess ... Decision. Adjournment. Transcriber Certification ..

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.)

.

36 44 45

--000--

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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 you. record.

PRO C E E DIN G S
DEPUTY COMMISSIONER FILANGERI:

We're on

PRESIDING COMMISSIONER SAWYER: DEPUTY COMMISSIONER FILANGERI: PRESIDING COMMISSIONER SAWYER:

We're going? Yes. Okay. Thank

This is the subsequent parole consideration
F-E-L-I-C-I~A-N-O,

hearing for Pedro Feliciano,

CDC

number C, as in Charles, 59854. August 31, 2005. Soledad.

Today's date is We're at CTF

The time is 8:47 a.m.

The inmate was received on 1/27 of 1983 Life term began

committed from San Bernardino County.

on 1/27 of 1983, and the inmate's minimum eligible parole date was 6/16/2000.
Control~ing

offense for

which the inmate has been committed for is set for in case number SCR, Sam, Charles, Robert, 39275. Charging count one of 187 of the penal code first murder in the first
degre~

with a weapon, rifle, and

the second count of 187, 664 attempted murder, also with a rifle. years to life. Mr.' Feliciano received a term of 27 This hearing is being tape recorded,

and for the purpose o£ voice identification, each of us is required to state our first and last name, spelling our last name. When it comes to inmate, he

needs to state his first and last name, spell his last name and give us his CDC number. my left. I'll start, and go to

Tom Sawyer, S-A-W-Y-E-R, Commissioner.

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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 26 27 what year?

DEPUTY COMMISSIONER FILANGERI:

Deputy

Commissioner Doug Filangeri, F-I-L-A-N-G-E-R-I.
ATTORNEY SPOWART:

David Spowart, S-P-O-W-A-

R-T, Attorney for Mr. Feliciano.
INMATE .FELICIANO:

Feliciano Pedro,

F~E~L-I-

C-I-A-N-O, C-59854.
INTERPRETERZEBALE:

Jose Zabale, Z-A-B-A-L-

E, Spanish interpreter for Mr .. Feliciano.
PRESIDING COMMISSIONER SAWYER:

Thank you.

We also have two correctional peace officers in the room for security purposes. Could I get -- could you

turn the air conditioner down one notch?
UNKNOWN SPEAKER:

Yeah. Thank you.

PRESIDING COMMISSIONER SAWYER:

Thank you very much.

The record reflects that Mr.

Feliciano signed a DPT Form 1073, which is an. reasonable accommodation notice in accordance with the provisions of the American's With Disability Act. This was signed -- what is the date on that Mr. Feliciano that you sign it?
INMATE FELICIANO:

4/20 . 4/20, of

PRESIDING COMMISSIONER SAWYER:

INMATE FELICIANO:

.r

04 . '04. Okay.

PRESIDING COMMISSIONER SAWYER:

It indicates on the form that you do not have any disabilities defined under ADA, is that true?

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INMATE FELICIANO:

Yes. I want to

PRESIDING COMMISSIONER SAWYER:

make a note for the record that Mr. Feliciano is wearing glasses. Do you need those to read, sir? Yes. Okay. Do

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INMATE FELICIANO:
(

PRESIDING COMMISSIONER SAWYER:
you have any troublehearlng?

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INMATE FELICIANO:

No. No trouble

PRESIDING COMMISSIONER SAWYER:
hearing.

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Any -- you have no disabilities according to

your form; is that correct?

INMATE FELICIANO:
(

Yes, sir.
,

PRESIDING COMMISSIONER SAWYER: DEPUTY COMMISSIONER FILANGERI:
sir?

Okay.' Speak up,

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. INMATE FELICIANO:

Yes. Thank you.

PRESIDING COMMISSIONER SAWYER:

The only indication on that form is that you indicated that -- or the counselor'whoever filled that out indicated that you need an interpreter for this -- for this hearing?

INMATE FELICIANO:

Yes.
SAWY~R:

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PRESIDING COMMISSIONER
'- how is your English, sir?

Okay.

How-

Do you speak? No. Not too much

INMATE FELICIANO:
English.

PRESIDING COMMISSIONER SAWYER:

Not too

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"J,

much.

Okay.

All right.

So you can understand some

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English, but you do have an interpreter?

INMATE FELICIANO:

Yes. Okay, very Thank you

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6

PRESIDING COMMISSIONER SAWYER:
good. Can I
~et

the form back, please?

very much.

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9

DEPUTY COMMISSIONER FILANGERI: PRESIDING COMMISSIONER SAWYER: DEPUTY COMMISSIONER FILANGERI:

Mr. Sawyer? Yes. I saw

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somBthing in an old Chrono about -- a comment about a defective eye -:--

INMATE FELICIANO:

Yes.

DEPUTY COMMISSIONER FILANGERI:
causing you pain?

-- that Wps

INMATE FELICIANO:

Yes. Can you

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DEPUTY COMMISSIONER FILANGERI:
elaborate on that, please?

INMATE FELICIANO:

Yes.

I got this Chrono.

I took- to the doctpr eyes about one month ago, and he said he not keep a Chrono about how his license to keep a Chrono of it in this place and he know what my problem because my inside my eyes.
prob~em

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is the blood is corning

DEPUTY COMMISSIONER FILANGERI:
through both eyes?

Can you see

INMATE FELICIANO:

Not too good.

When I

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take my glasses off, I see a little bit.

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DEPUTY COMMISSIONER FILANGERI:
vision in both eyes?

But you have

INMATE FELICIANO:
DE~UTY

Yeah. Do you have

4

COMMISSIONER FILANGERI:

5
6

pain in your eyes?

INMATE FELICIANO:
(indiscernible)

Yeah, sometimes pain

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INMATE· FELICIANO THROUGH INTERPRETERZEBALE: I have like a burning sensation in my eye.

DEPUTY COMMISSIONER FILANGERI:
having that today?

Are you

INMATE FELICIANO:

No, no. Thank you

DEPUTY COMMISSIONER FILANGERI:
Commissioner.

PRESIDING COMMISSIONER SAWYER:
you very much. the form.
Couns~l,

Okay.

Thank

I'm satisfied he understands

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19 20 21 22 23 24 25 26 27 reading.

ATTORNEY SPOWART:

Okay. We'll waive

PRESIDING COMMISSIONER SAWYER:

ATTORNEY SPOWART:

Okay.

Thank you. This hearing

PRESIDING COMMISSIONER SAWYER:

is being conducted pursuant to Penal Code Sections 3041 and 3042 and the Rules and Regulations of the Board of
Pr~son

Terms governing parole consideration The purpose of today's

hearings for life inmates.

hearing is to consider your suitability for parole.
/

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In doing so, we will consider the number and nature of the crimes that you are committed for, your prior criminal and social history and your behavior and programs since your commitment. We've had an

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opportunity to review your Central File and your prior hearing transcript.
You'll be given an opportunity to

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corrector clarify the record.

We will consider your

progress since your commitment and since your last hearing. Your updated counselor's report and your Any

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psychological report will also be considered.

change in your parole plans should be brought to our attention. Do you understand?

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INMATE FELICIANO:

Yes.

PRESIDING COMMISSIONER SAWYER:' We will
reach a decision today in inform you whether or not we find you suitable for parole and the reasons for our decision. If you are found suitable for parole the

length of your confinement will be explained to you. This heating will be conducted in two phases. / I· will discuss with you the crime that you are committed for, your pyre criminal and social history, you+ parole plans and any letters of support of opposition that rna be in your file. Deputy Commissioner Filangeri will

discuss with you your progress since your commitment, your Coun s e Lo r ' s report, and your psychological evaluation. Once that - is concluded, commissioners,

district attorney, if one shows up, and your attorney

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will be given an opportunity to ask you questions. The questions from the district attorney should be asked through the chair and the answers will be directed back to the panel. Before we recess for

deliberation, your attorney and you will be given an opportunity to make a final statement regarding your parole suitability. Your statements should be

directed to as why you feel you are suitable for parole. When -- we will then recess, clear the room, Once we've completed our

and deliberate.

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

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

include a right to a timely notice of this hearing, the right to he view your Central File, and the right to present relevant documents. rights been met?
ATTORNEY SPOWART:

Counsel, have these

Yes, they have. You also Any

PRESIDING COMMISSIONER SAWYER:

-

have the right to be heard by an impartial panel.
objection~to

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this panel? I have none. You will

ATTORNEY SPOWART:

PRESIDING COMMISSIONER SAWYER:

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receive a copy of our written tentative did sis today. That decision is subject to review by the Decision Review Unit and by the entire Board meeting as a bogy. It will become effective within 120 days. about subject to review by the Governor. It -- it is A copy of

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the tentative decision and a copy of the transcript
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will be sent to you.

As of May 1, 2004, there were

minor-- major changes limiting your former right to appeal Board'decisions or Sctions directly to the . Boa rd . The old Board regulations were repealed.

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Current policy is entitled administrative appeals correspondents and ~rievances concerning the Board of Prisbn Terms decisions and is available at the prison law Li.b.r a r y ,
/

You are not required to' omit -:- admit

you/ r.e offense or discuss your offense if you do not wish to, however, this panel does accept true to findings of the court and you are invited to discuss 'the' facts arid the circumstances of the offense if you desire. The Board will review and consider any prior

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statements you've made regarding the offense in determining your suitability for parole.
.Comm i s s Lorie r ,

Deputy

is there any confidential material .that

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will be used in today's hearing?

DEPUTY COMMISSIONER FILANGERI:
none.

No, there's

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PRESIDING COMMISSIONER SAWYER: ATTORNEY SPOWART:

Okay.

Excuse me, Commissioner,

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I would like to ask my client?

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PRESIDING COMMISSIONER SAWYER:
We have an understanding?

Certainly.

INMATE FELICIANO:

Yes. Do you

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PRESIDING COMMISSIONER SAWYER:
understand what -- what I'm talking about?

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INMATE FELICIANO:

Yes; sir. Okay and any

,PRESIDING COMMISSIONER SAWYER:

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time if you -- if you have a question of me or the Deputy Commissioner, please feel free to ask it directly or through your interpreter or through your attorney, okay. I have a hearing checklist. I'm If

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going to pass it to the defendant's attorney. you'd check that against your documents.

ATTORNEY SPOWART:

Yes,

I have these. Are there

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PRESIDING COMMISSIONER SAWYER:
any additional documents to be submitted?

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ATTORNEY SPOWART:
no.

No.

Right at this time,

PRESIDING COMMISSIONER SAWYER:
there any preliminary objections, Counsel?

Okay.

Are

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ATTORNEY SPOWART:

I have none. Will the

PRESIDING COMMISSIONER SAWYER:
inmate be speaking to the panel?

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ATTORNEY SPOWART:

Everything --'he doesn't

wants to talk about the life crime.

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PRESIDING COMMISSIONER SAWYER:

He doesn't.

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Okay. PRESIDING COMMISSIONER SAWYER: he will talk to us regarding other issues. ATTORNEY SPOWART: Yeah.
Okay~

Okay:

But

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PRESIDING COMMISSIONER SAWYER:

Mr. Do

Feliciano, would you raise your iight hand.

Okay.

you solemnly swear or affirm that the testimony you're about to give in this hearing will be the truth, the whole truth, and nothing but the truth? INMATE FELICIANO: Yes. Thank you.

PRESIDING COMMISSIONER SAWYER:

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As you know, Mr. Feliciano, this is being tape recorded, so if we could move You're a soft-spoken guy.
th~t

a little to you.

I don't want you to have to

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tell, but we want to make sure that everything gets
\~

onto the record, okay.

Thank you.

Okay.

I'm going I'm using the

to inquire into the facts of the crime.

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August '04, calendar of the Board Report page one, Summary of the Crime. On June 15, 182 at approximately

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8:18 p.m. officers from the Colton
Police Department re~ponded to East Congress Street in Colton to call shots fired. Subsequent

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investigation revealed that Feliciano -- Feliciano's estranged common-law wife Lazarra -- is that

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correct?
INMATE FELICIANO:

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Lazarra.

PRESIDING ·COMMISSIONER SAWYER:

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L-A-Z-A-R-R-A, Hernandez, H-E-R-N-AN-E-D -H-E-R~N-A-N-D-E-Z,

5

victim,

P
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went to his residents in order to see her three children. She was

driven. to the house by her boyfriend of two months, Pedro Rodriguez, R-OD-R-I-G-U-E -Z. While still in the

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vehicle, they were approached by Feliciano, who advise Rodriguez to quote, " take out the rifle" end quote, because he was going to obtain one. Mr. Hernandez then

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informed Feliciano that Mr. Rodriguez did not have a rifle. Feliciano
obt~ined

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a 22 caliber

.automatic rifle from,his home from his house, stood in the driveway stood in the area of the
~hots

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doorway and fired two to four

in the direction of the vehicle striking Rodriguez in the neck and Ms. Hernandez in the he·ad. Rodriguez
wa~

able to drive the

vehicle away from the area and made

,---~~--~~~~~~~

I
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contact with police.

Both victims

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received emergency medical care and shortly there after Ms. Hernandez was pronounced dead at Loma,Linda Medical Center. Feliciano was

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8

arrested at his resldents at approximately 8:33 p.m. This was information that was that was from the Probation's Officer's Report.
t~ken

directly

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The prisoner's

version of this crime is after interviewing Feljciano for this report, he at a timed that his version remains the same as written in the January 1998 report. The report reads as follows: Feliciano stated that he never told Rodriguez to take out the rifle. He

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stated that when Rodriguez pulled up in his car, he parked right in front of Feliciano's apartment. He told -- Ms.

he told Feliciano that Ms.

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Hernandez wanted her children back. Feliciano told him that he would not give ,up the children and told Rodriguez to move his car from in front of his apartment. He claimed

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that he told Rodriguez to move his car from in front of his apartment. It's redundant. He claimed that he

!-~-

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-- that he told Rodriguez that Mrs. Hernandez could go to the end of the apartment to see her children. Then

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he said that Rodriguez refused to move his'car so Feliciano went to his apartment, got a 22. Caliber rifle. doorway. down. It says that he stood in his He saw Rodriguez reach

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.He thought Rodriguez was
-"

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reaching for a relationship, so he claims he fired two rounds not knowing his common-law wife was still in the
c~r ..

He did not

believe at first that he had killed -- sorry. I'll back up. He claims

that even when he was arrested, he did not believe at fist that he killed Mrs. Hernandez. He·said he

felt badly and was concerned because he knew he was going to jail and that nobody -- and would be nobody to take care of his children. He

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said he didn't have any problems with his ex-common law wife never intended to kill her. There's an indication here of aggregating factors: The victim was particularly Von
~nd

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rabble inside the vehicle when Feliciano opened fire with a 22. Caliber automatic rifle, and during the commission of crime, the inmate had a clear opportunity to cease but instead continued. The inmate was I

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- had a special relationship of trust with the victim who was his estranged girlfriend and the mother of his children. In a manner this
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crime was committed

created a

potential for serious injury to persons other than the victim of the crime. Mitigating factor: the

inmate participated in the crime under partially excusable circumstances alcohol intoxication, which did not -- which did not amount to a legal defense.· Okay. There's no juvenile history, and theFe is no You'd

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adult history as for as crime is concerned.

never been in trouble before Mr. Foreman with the law? Okay. I'm going to read a little at you. Feliciano

is the second of two-- of six children born to and
rac~d

by his natural parents in Cuba.

He has a twin

brother who was raced in Cuba until he was 28 or 29. Came to the United States via the boatlift from Cuba

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PRESIDING COMMISSIONER SAWYER:

Do you have

any contact with them?
INMATE FELICIANO:

Yes. Second·

PRESIDING COMMISSIONER SAWYER:

S
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relationship was

a" non-wed union, which lasted for

approximately three years, and there are two sons from this relationship and your ex-common law wife and sons remain in Cuban -- in Cuba.
INMATE FELICIANO:

Is that true?
Yes.'

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17

PRESIDING COMMISSIONER SAWYER:

And are they

still tliere?

. Yes. And do they

INMATE FELICIANO:

PRESIDING COMMISSIONER SAWYER:

-- do you correspond or do you write to them?
INMATE" FELICIANO:

Yes.

They write me. And they

PRESIDING COMMISSIONER SAWYER:

wri te to you?
INMATE FELICIANO:

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Yes. The third

PRESIDING COMMISSIONER SAWYER:

relationship was a non-wed union to his common-law wife, who was the victim of the incident offense, and there were two sons born in Cuba and one daughter born in the United States from this union. of what their status is at this time. He has no idea Since being

incarcerated, he is presently "married in a lawful union, which occurred during his incarceration in 1990 '91. So you have a wife now?

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INMATE FELICIANO:

Yes. Okay. Are

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PRESIDING COMMISSIONER SAWYER:
you still married?

INMATE FELICIANO:

Yes.

And you haven't

you're not in touch with your two sons and your daughter that you had with Ms. Hernandez?

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7 8

INMATE FELICIANO:

No. Not -- not

PRESIDING COMMISSIONER SAWYER:
.at; all.

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Althotigh,the record revealed that Feliciano

reported drinking six or seven beers prior to the instant offense,. he stated he only had· two or three beers on
th~t

day.

His reaction to the instant When he
cam~

offense was that it was a mistake.

to

this country, he was immediately -- shipped immediately to New O~leans and then rerouted to San Bernardino County
.

ac~ordingly ~-

according to the

record, he was sen-tto a refuge "camp in Florida and then carne to California with a surviving victim and his wife and children and they were released from the refuge camp.
You~ve worked as an auto mechanic,

.

\

repair business on an informal basis, and formally you were on public assistance?

INMATE FELICIANO:

Yes. Welfare

PRESIDING COMMISSIONER SAWYER:
sbmetimes called.

You had·a brief period where you ,

worked at a Burger King, but that ended in a dispute

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over a"paycheck and taxes and Social Security were

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withheld.

Did you have any other jobs?

Did.·you do
Burge~

any other than King?

a mechanic and a brief time at

Did you do any other kind of work? INMATE FELICIANO; Yes. Before you

PRESIDING COMMISSIONER SAWYER: came to prison? INMATE FELICIANO: Yes.

PRESIDING COMMISSIONER SAWYER: work was that INMATE FELICIANO:· making motor homes. PRESIDING COMMISSIONER SAWYER: INMATE FELICIANO: In Riverside

What kind of

I worked in a motor home

Motor homes?

PRESIDING COMMISSIONER SAWYER: Riverside?

In

What was the name of that. company? INMATE FELICIANO: I don't know the name.

It's too long. PRESIDING COMMISSIONER SAWYER:
I

Okay.

INMATE FELICIANO:

It's .too long. It was a

PRESIDING COMMISSIONER SAWYER: long time ago? INMATE FELICIANO: plans
includ~

Yes.

Okay.

His future How

that he would live with his wife.
fir~t

do jou prpnounce your wife's INMATE FELICIANO:
26

name?

Alejandra. Alejandra,

PRESIDING COMMISSIONER SAWYER:

27A-L-E-J-A-N-D-R-A, Feliciano in Corcoran California.

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1 2 3 4 ·5 6 7 8 9 10 Hanford.

INMATE FELICIANO:

No, she lives now in

PRESIDING COMMISSIONER SAWYER:

She lives in·

Hanford now?
INMATE FELICIANO:

Yes.

Does she come to

visit with you?
INMATE FELICIANO:
PRESIDI~G

Yes. Employment,

COMMISSIONER SAWYER:

although he has no firm job offers at this time, it said that he would work in the upholstery field or as He completed his vocational

l I o n auto mechanic. 12 13 14 15 16 17 18 19 20 21 22
2j

upholstery class, but has no training in auto mechanics since his-- and that's where it his. Okay. Incarceration in
19~2,
end~

sinde

nothing in his skills or

file to indicate that he has any training.

me~hanic

His file does include some training and

skills as a glassier, so you know how to put glass in?
INMATE FELICIANO:

Yes. You know how

PRESIDING COMMISSIONER SAWYER:

to do windows?
INMATE FELICIANO:. Yes. PRESIDING COMMISSIONER SAWYER:

He was in He

the United states -- this is in the INS status.

24 25 26 27

was in the United States for about three years when he committed the instant offense. He was a boat person
vi~

from Cuba and he entered the United States Florida.

An immigration hold'was placed on him

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20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 23 24 25 26 27

October 18, 1983, by the. San Francisco Office of the INS. Okay. Let's see what kind of support- letters This is a letter dated 6/20/of '04.

you have here.

It's an interpretation of a handwritten letter. First of all I'm Mrs. Feliciano, the
wi f e of Pedro Feliciano.

We've been.

together 13 years .. She's asking for mercy. He's had a clean life, clean record. She doesn't worry about her husband work not working. I can take

care of that.

She claims here that

you are both Christians and Seventh. Day Adventists. suppo,rtive and She is very
~he

wants to know

when she can pick you up. And that's signed by Alejandra Feliciano. of work does she, do, sir?
INMATE FELICIANO:

What kind

She's not working right

now because she had an accide~t iri the car.
PRESIDING COMMISSIONER SAWYER: INMATE FELICIANO:

Oh;

And she can work right

now.
PRESIDING COMMISSIONER SAWYER:

She can

work?
INMATE FELICIANO:

No. Was she hurt

PRESIDING COMMISSIONER SAWYER:

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22

1 2
3

does your church have for you?
INMATE FELICIANO:

They have a --

INMATE FELICIANO THRO'PGH INTERPRETER ZEBALE: Construction.
PRESIDING COMMISSIONER SAWYER:

4
5

6 7 8 9 10 11 12 13

Construction?
INMATE FELICIANO:

Yeah (indiscernible) I'm sorry?

PRESIDING COMMISSIONER SAWYER: ATTORNEY SPOWART:

Tell Mr. Zabale.

INMATE FELICIANO THROUGH INTERPRETER ZEBALE: They also have a job food service restaurant.
PRESIDING COMMISSIONER SAWYER:
.

"

Okay.

And

that's dated May 11, 2004, Antonio Huerta, H-U-E-R-T-

14' 'A, Pastor of the Hanford Bilingual Seventh Day 15 16 17 18 19 20 21 22 23 24
25

Adventist Church.

And I have a hand-written note for

Art Bricno,' B-R-I-C-N-O, Hanford California, dated May 14, of ' 04 employment for Pedro: I'm
willi~g

to help Ms.

Feliciano

who is a member of my church with employment for her husband Pedro. Self-employed building contractor and can hire him 30 to 36 hours per week at minimum wage. He will start

as a trainee/assistant handy man working plumbing, roofing, drywall,. painting, clean ups. I only require

26 27

a good attitude to have a job.

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23

1 2
3

Respectfully, Art Bricna. And that's all the letters. Commissioner? Thank you,

DEPUTY COMMISSIONER FILANGERI:

4 5

Commissioner Sawyer.

This part of the hearing we're

going to talk at your behavior since the last time you appeared before the Board, that was in August of 2002, and you received a two-year denial. The Board

6
7 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 25

recommended that you remain disciplinary free, up grade vocationally and educationally 'and participate in self-help programs. The first document I want to

refer to is the correctional counselor's report of August 2004, and unfortunately, I don't have a signature sheet on mine. counselor?
ATTORNEY SPOWART:

Do you have one on yours

Sure don't.

DEPUTY COMMISSIONER FILANGERI:The -- and

the prost-conviction progress report doesn't have a correctional c6unselor signature ,either, so we, d6n't know who authbr of this is.
PRESIDING COMMISSIONER SAWYER:

Who is your

counselor?
INMATE FELICIANO:

(Indiscernible) ,Who? Who

PRESIDING COMMISSIONER SAWYER:

wrote this?
INMATE FELICIANO:
~

I change counselors all

26
27

the time.

(Indiscernible)
DEPUTY COMMISSIONER FILANGERI:

That's

okay~

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24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
27

It's okay.

The record will

jus~

reflect we

~on't

know

who the counselor was.

Under post-conviction factors
bee~

counselor points out that there's in therapy and self-help programs.
(indiscern~ble) Ang~r

participation

The 12-week

Management and the Life Skills

Program.

He also attended a nine-week Impact Program,

but you were unable to complete it due to your' transfer to CTF Central. as a contributing member.
,

Shows Chronos for AA and"NA Disciplinary history has

been clear.

In fact your last disciplinary was in

1984 where a cell search revealed a weapon in the toilet. The weapon was a stick with a -- with a razor The cell was occupied occupied by you

blade on it.

and another inmate.
re~ort to sch061.
I

There was also a failure to So for over 20 years th~re have Your last negative Chrono was The next document i
·1 should

·been ho disciplinaries.
I

1995 for non-excused absence.

want to consider is the psychiatric report.

ha~e mentioned that your case was placed on~the

calendar in 2004, but postponed because the psych report was too old. This report was written in
Re~d,

October of 2004, signed by Joe Staff Psychologist.

R-E-E-D, Ph.D.

PRESIDING COMMISSIONER SAWYER:

Let's--

we're

go~ng

to go off the record and take a recess
tel~conference

.just for a second to get our here. Go off the record.

in order

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25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1995? back on.

[Off the record]
DEPUTY COMMISSIONER FILANGERI:

Okay.

We're

Don't turn i toff ' just -- sir, I was

referring to the, psychiatric report of item 14, the
ass~ssment

of dangerousness the, examiner thought there

was the risk for violent behavior within the controlled setting was
consider~d

to be 1bw relative

to the level two inmate population in the prison' setting it says based on two fattors including psychological instructs. The HRC20suggests a low

risk of violence relative to the inmate population in the prison setting as well as within the community and the HARE Psychologist checklist, short version, suggested did not suggest the presence of s6ciopath. rfreleased for the community the risk for violence is to be that of the average citizen in the community. Clearly the main observations the inmate is competent and responsible for his behavior and he has the capacity to abide by institutional standards. inmate d6es not have a
ment~l

The In

health disorder.

looking through your file, the last vocatiorial certificate I saw for completion was Vocational Upholstery , is that right? ?
INMATE FELICIANO:

Yes, sir. That was,

DEPUTY COMMISSIONER FILANGERI:

INMATE FELICIANO:

Yes, sir.

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1

DEPUTY COMMISSIONER FILANGERI:

Sincethen as a

2 3
4 5

you've had various jobs. barber?

Now you're

wor~ing

INMATE FELICIANO:

Yes, sir.

DEPUTY COMMISSIONER FILANGERI:
,

,

That's
prog~ess

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

confirmed by a addendum post-conviction report submitted August 2005.

It suggest that they I thought Yes,

were no work performance reports, however, saw one in the file that was twos and

threes~

that was submitted February 8, 2005, generally abov~ average and average marks. This is acounseldr
whos~

name I canriotmake out in the signature.

It says

there's been no vocational training, no academics. The group activities were not noted, no psych treatment. I saw an indication that you were The last

participating in Adult Basic Education?

Chrono there was 1993, at that point they thought that you would be able to pass the GED in six months, but I didn't see any GED. that?
INMATE FELICIANO THROUGH INTERPRETER ZEBALE:

Would you care to comment on

I haven't taken my GED. me from doing that.

My eyesight problem prevents

DEPUTY COMMISSIONER FILANGERI:,

All right.

How .about any other vocational training?
INMATE FELICIANO THROUGH INTERPRETER ZEBALE:

I can't do any vocations here because I'm unable to

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27

1
2
.3

use state boots.
DEPUT~

I have to use tennis shoes.

COMMISSIONER FILANGERI:

They wont

allow you to use tennis shoes?

4
/

INMATE FELICIANO:

No.

5
6

INMATE FELICIANO THROUGH INTERPRETER ZEBALE:
For safety reasons, they won't let you go through east gate.

7 8 9

DEPUTY COMMISSIONER FILANGERI:.

So your

vision prevents you from going to educational training, and your shoes prevent you from going.to vocational training?

10
11

12 13 14 15 16 17 18 19

INMATE FELICIANO:

Yes, sir. All right.

DEPUTY COMMISSIONER FILANGERI:

Is will.anything else you think we should put on the record at this point about your behavior since the last time you were here? Sawyer. Back to you Commissioner

PRESIDING COMMISSIONERi SAWYER:

Thank you.

Counsel, do you have any questions for the inmate.

20
21 22 23 24
2-5

ATTORNEY SPOWART:

No,

I have no questions. Do you have

PRESIDING COMMISSIONER SAWYER:
any additional questions, Commissioner?

DEPUTY COMMISSIONER FILANGERI:

No.

No, he No

doesn't want to talk about the crime offBnse. other questions.

26 27

PRESIDING COMMISSIONER SAWYER:
like to close?

Would you

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1 2
3
4

ATTORNEY SPOWART:

Yes.

Mr. Feliciano, He was 29 years

par.don me.

·He's 53 years old today.

old at the time of the crime.

He had come from Cuba

. with his common-law wife, who was the victim, with her children and on a boatlift. for qui te a number of years. They had lived together At the time of the crime
~f

5 6 7
8

he didn't talk about it, but it isa part and I would
lik~

the crime

you to look at page

I can't see

9 10 11 12 13 14 15 16 17 18 19 20 21 22
23

the page -- oh, pag~ 2 of the Probation Officer's Report where it talks about circumstances leading up to the life crime and this is in the recbrd, so I'm going to address it.
~as getting a

As far as he was concerned, he

long fine, he and his wife, and then one

night or one day she doesn'·t show up and she was going out to go to the store or something and she didnft come back and then somebody tells her -- well she's left .. The other individual that was sitting in the car at the time of the crime supposedly was Mr. Feliciano's friend. In actuality,
h~

had been having

a relationship with the wife.

He told him, Mr.

Feliciano, well eventually he told him that she was living with him, and now -- when she left initially, she took the children are him her, but then she

24 25 26 27

brought the children and left them with him, my client. . them. She just said they're yours take care of Sometime after that, this -- her boyfriend
-~

calls and says

she had -- in the meantime she had

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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 26 27

visits the children but then after that the boyfriend calls him and says she wants the children back and Mr. -- my client was concerned about the children, and he says no she cari come and visit them, but she can't take the children back, you know, until -- she had given them to him, so this -- this is what sets the scene for that day. And now this is not an excuse,

but you understand-- if you look at Title 16 Administrative Code that sets up these hearing and it says what you 106k at to understand the situ~tion if something had developed over a period of tim~ in which this. had puts a great amount of stress on an individual which this certainly did, this involved in children, his wife, his so-called friend, understand his feelings and emotions. you can

And this goes

to the very important fact that when we're looking at an inmate here we want to know does he pose a? unreasonable risk of danger to society in general, you know, is he the kind of a guy that walks into a 7El~ven

blows away a clerk and for 10 or .$15.

Nothat

was 'never life.

my client had been a gentleman all of his
li~el

He has tried to live a good

This was a There was

period of stress. no excuse for it.

He acted irrationally.

He certainly did not intend to kill

his wife, and I'll get to that in a second when I cover the. psych report, but I -- I just want you to set the stage of how it came about. Is he given the

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30

1 2 3
4 5
6

circumstances highly unlikely to ever recur again and based on his age a chance ofrecidivi~m are low. had no juvenile record. He

Born in Cuba, raised -- was

in the Cuban army didn't like it and managed to convince him that he wasn't a gpod prospect "for the
.
)

Cuban army and got out and the first chance he had to get out of Cuba, he took it.. better life. argument· in Took his wife for "a·

7 8 9 10 11 12 13
-1l.4

As far as the motivation, it was an
stres~:

Adult record was an instant

offense only, so we're not looking at a man who had a long period of criminal activity; he did not. We're

not looking at a'man whose a'potential danger to the average person on the street, he is not. This was a

particular set of circumstances' highly unlikely to ·ever recur. He has expressed remorse to the psych, He has good parole

15 16 17 18 19 20 21 22 23 24 25 26 27

and I'll address that at the time. plans. He has a place to live.

He has a job offer. He has 2115s

Institutional adjustment is very good.

and those are back in '84 and has commissioner said
<,

that was over 20 years ago.

Six -- 128A, the last one None of.them had

in '99, which' was a 'decade ago. involved violence.

He has job -- he has ati INS hold.

Now, he's how I can figure when it comes to Cuba, .we had discussed this with other Board members in the past Cubans. It doesn't seem like

--

they do actually

send them back to Cuba.

They usually take them to

some kind of a holding. process and what happens to

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(

1
2 3 4 5 6· 7 8 9 10 11 12 13 14 15 16 17 .18 19 20

them after that, I don't know, but he does have j,ob . offers and a job a place to live here in the and that is with his wife.
h~'s ~tates

Since his last hearing,
He can't He can't He has

done everything the Board asked. him.
phy~ically

get a vocation, he

can do it.

upgrade educationally because of his eyes. been in AA,got laudatory Chronos .

Essentially, he's

done everything the Board has asked him to do, everything he can do and based on the circumstances of the offense, his lack of prior criminal history -now, at this point I want togo over the psych report. The course ,diagnostic impressions, this is a clinical assessment. Axis I, no contributory clinical disorder

and Axis II,no personality disorder in addition to regularly attending Narcotic's Anonympus.. Inmate

Feliciano completed initial nine weeks of Impact Group in 2002, before moving to another facility. In 19 --

in 2002, he completed the Muslim Development I and Centers Anger Management Course. In April 1999, he

completed the Muslim Islamic Addiction Recovery program, a 12-week seminar series. noted that in 1995 he updated a TABE It should also be
r~ading

21
22 23 24 25 26 27

score of

\

12.9, which shows that when he could, he did study, did try to bring up his educational level. When you

get to 12.9 that would actually qualify him easily for ·a vocational ·course accept physically, he can't do it. Under view of the life crime --

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1 2

DEPUTY COMMISSIONER FILANGERI:

Excuse me.

[Off the record]
DEPUTY COMMISSIONER FILANGERI:

3

This is side

4 5 6
7

two of the tape-recorded hearing transcript of Mr. Pedro Feliciano,
F-E-L-I~C-I-A-N-O,

C-59854.

Sorry

for the interruption.

Go ahead Counselor. Under review of the life

ATTORNEY SPOWART:

8 9 10 11

crime the last paragraph Inmate Feliciano observed that the death was a
tr~gedy

and it was appropriate He demonstrated empathy

for him to use his firearm.

thlnk for the damage done to the vlctQmS including his ex-wife, her boyfriend, and his three children. He

1t
13 14 15 16 17 18 19. 20 21 22 23 24 25 26 27

seems generally penitent for 'his crime and appears to understand the tausative factors leading to the instant offense. He seems committed to never
\.

us~ng

violence to solve problems again.

Then what we really

want to know is what the psychologist assessment of his dangerousness to society, because' that's basically why we're here today. today. Well, it is why we're here

His risk for violent behavi6r when in the

controlled setting is considered to be low relative to this level to inmate population and a prison setting, and then he says this conclusion is based on several factors which he goes· on to list. Dur.ing the

interview two psychological instruments were also administered results from the ACR20 suggest a low risk of violence relative to the inmate population in both

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33

1

the prison setting and within the community.

Results

2 3 4 5 6
7

of a HARE Sociopathy Checklist short version do not suggest the presences of a sociopathy. Therefore in

light of this - these factors, his risk of violence is considered to be low relative to inmate population and this inmate population here is a level two is low to begin with. If released to the community clinically

8 9 10
11

assessed his risk for violence is expected to be average to that. of' average' ci tizen in the cornrnund,ty. There are no significant risk factors or precursors to violence for this individual. And if you look at his

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

life before this -- this terrible crime for which he is paying -- he is.paying. You'll see that nowhere in He wanted to get

the past has there been violence. out of the army. a life.

He didn't -- he just wanted to live

He wanted to come to the states to live a This this was. stress built up over a

better life.

period of time that c~used bn irrational reaction, and the psych evaluating him now said he's -- does not present a problem. Clinical observations comment and

recommendations he talks aboVt this inmate -- this inmate does have a significant alcohol abuse history as it was related to the instant offense, however, he' has adequately completed a number of alcoholic anonymous groups over the years. It is only suggested

that he participate in one year of Alcohol Anonymous group during parole. And that the single and only

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34

1 2 3 4 5 6 7 8

thing the psych had to say otherwise he was absolutely a positive, and based on his record -- I can only submit it and: based on the record and the psych and ask that a finding of suitability be made today.
PRESIDING COMMISSIONER SAWYER:

Thank you,

Counsel.

Mr. Feliciano,

th~s

is your. opportunity to
I

tell us why either you think you're suitable for parole.
INMATE FELICIANO THROUGH INTERPRETER ZEBALE:

9
10 11 12, 13 14 15 16
i \

I think I'm entitled to another opportunity.

He iays

this is the first time in my life where I committed a crime and made a mistake. And I know I'm older now

and I'm more experienced, and I'm not -- I ' l l be living with my wife now. Or my family and much less I

the government to give me this opportunity.

acknowledge that I am guilty for what I did and what I did was very wrong. I apologize more than anyone for

17 18 19 20 21 22 23 24 25 26 27.

the children for the accident or non-accident where I took their mother's life away and. I also ask that for an apology for forgiveness for the authorities of this country for ·the crime that I committed. Nowadays, I

have God in my heart and I leave it all entirely in God's hand -- hands who knows me more than anyone and that's it.
PRESIDING COMMISSIONER SAWYER:

Okay.

Thank

you very much.

The time is 9:41 a.m. and we will be

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35

1 2

recessing for deliberation.11
RECESS

3 4 5 6 ·7 8 9 10 11 12 13 14 15 16 17 18 19 20 '21 22 23 24 25 26 27
\

--000--

r

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1

CALIFORNIA BOARD OF PAROLE HEARINGS

2
3

DEC I

S ION

DEPUTY COMMISSIONER FILANGERI:

We're

4

on record.
PRESIDING COMMISSIONER ,SAWYER:

5
,6

Okay.

The

time is 10:09 in the matter of Pedro Feliciano., The panel's reviewed all information receiVed from the public and relied on the follow circumstances in concluding that the prisoner is not suitable for !parole and would pose an unreasonable risk of danger to society or threat to public safety if released from prison. The offense was carried out in an herbally On June 15, 1982 Mr. Rodriguez and Ms.

7
8
9

10

J1
12
13 14

callous manor.

Hernandez, the estranged wife of Pedro Felicianoj pulled up in front of his apartmertt. There was a

15
16
17

conversation, Mr. Feliciano went ,inside of his apartment came out -- or came into the doorway brought a rifle a 22. Caliber automatic rifle from his house, stood in the doorway fired two to four shots in the direction of the victim striking Rodriguez in the neck and Mrs. Hernandez -- Ms. Hernandez, his estranged wife, in the head. Subsequently, Mr. Rodriguez was

18 19
20

21 22
23

injured -- was able to drive away out of harm's way and
Ms.Hernand~z

24 25
26
27

was pronounced dead at the That's particularly

Lorna Linda Medical Center.

callous and was clearly carried out in a
PEDRO FELICIANO C-59854 DECISION PAGE 1 8/31/05

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.1

dispassionate calculated manner. -- Mr. crime,

Mr.

Rodriguez

2 3 4

Feliciano did not talk to us about the and we had questions certainly that would

have given us a little more insight into what he was thinking at the time. Although, there's an

6 7 8 9 10 11 12 13 14 15 16 17
18

indication that he had been drinking with two different reports that he was drinking at the4 time of the
off~nce.

He was -- two to four

shots into the car not knowing what was behind that car. It was an apartment building,
h~zard

certainly was a definite

to othei people

driving by or walking other houses -- the offense was carried out in a
~anner,

which

demonstrates ~n exceptional callous disregard for the safety of crime was trivial.
~thers.

The motive in the

There was a disagreement.

There was an estrangement here that needed to be
(

worked out in court.

It needed to be worked out

19 20 2l 22 23 24 25 26 27

between you and Mrs -- Mr. ,Feliciano and Ms. Hernandez if there. was going to be a separation or there may have been i separation at that time

the three children were the ,most important part of this and their safety of course was the most important part of this but they -- this needed to be worked out in court in a court of law As opposed. to being taken -- Mr. Feliciano taking

PEDRO FELICIANO C-59854 DECISION PAGE 2 8/31/05

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38

1 2 3
4

this into his own hands,
o

and he was obviously Rodriguez and

very upset about the fact that Mr. Ms. Feliciano -- or Ms.

Hernandez came back to
record~

see the children.

He has no previous

51

For the period of time 22 years that he's been has ~- he is limite~ in a -- has

6incu~tody he

7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27

programmed in a limited manner given the fact that he has eye and feet limitations in terms of He

being able to read and being able to work.

claims he can't work because of he has to wear iennis
sho~s

and

c~n't

wear boots as

is required

to be to work in the trades.

Very limited on

marketable s'kills right -- currently he is a
,

barber. 1995.

He has performed upholstery up until He's had 22 years to get his GED and he

has not completed that claiming that,because of, his eye problem he hasn't been able

t6 do that.

It's not -- he's -- he has been in some selfhelp and therapy programs. He's been
, , I

discipline-free since 1995 on his 128s and 1984 on his 115s. He only,had' two 115, six,128s. of '04, He Dr.

had -- his psychological October 26,

Reed says that he's a low risk of violence in custody and an average risk in the'community. I'm a
l~ttle

troubled by his parole plans. wife that lives in ,Hanford
C~59854

He

does have

~

PEDRO FELICIANO

DECISION PAGE 3 8/31/05

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39

1 2 3 4 5 6 7
8

California that she indicates in a letter that she would -- he could move in with her. not troubling. has a That's

The troubling part is that he and

job offer but i t ' s in construction,
,

I'm sure that he's going to have to wear boots if he's going to work in the construction trades, and so that whether that -- whether he's -- upon release

motivated to wear boots in the or
~hether

9 10 11 12 13 14 15

he's -- he may not be able to do Be has marketable skill. 10

construction trades. Again,

he did complete upholstery in 1995,

years ago, work,

and currently he's doing barbering We'd like to

which is a marketable skill. Feliciano be a

see Mr.

little more motivated in self-help and vocational

trying to work on his areas. Again,

16
17 18 19 20 21 22 23 24 25

I ' l l make note that there are He should be commended for his

limitations.

laudatory recovery AA and NA laudatory Chronos, the Impact Program, Anger Management Program ..

These are all very positive steps for his future. However, these aspects do not outweigh

the factors of unsuitability and we recommend two years. Commissioner,
~ay?
FIL~NGERI:

do you have anything

you'd like·to

DEPUTY COMMISSIONER

Yes,

26
27

thank you Commissioner,

I

do.

I

want to

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certainly make note of the prisoner's recent participation in self-help,
J

that's good. however, Of

Vocational educational participation,

4

has been nonexistent for about a decade.

5 6 7 8 9 10 11 12 13 14, 15 16

course this is due to prisoner's limitations. Counsel relied on a passage from the psych report to conclude the prisoner is genuihe1y remprsefu1 over the Commitment Offence, but his

remarked at the DPT in 2~00 the 1ait time he chose to comment on the· Commitment Offence it sounds like he's more sorry about the impact the crime has had on him rather than feeling genuinely
~emors~fu1.

I'd like the quote the 2000

parole suitabi1i~y hearing of August 21, from page 16 beginning on line five: Presiding Commissioner Bardinaro (phonetic) "okay how do you feel

17
18

about this crime now?" Inmate Feliciano, "this is too bad" "because, you I lose

19 20 21

(indiscernible) know, I

lose everything.
I

22
23 24 25 26
27

my L'L'f e ,

lose my. kids. you know:

I'lose

everything,

Because

when you lose one kid i t ' s too hard for your heart, you know.
ve~y
)

You lose three i t ' s very,

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1

hard.

You lose your family use In this I try you know,

2
3
4 5
6

lose everything. moment, you know,

protecting my kids, because this know I

this woman you

know I make these I no do nothing."

7
8
9

consequence.

Pres.iding Commissioner Bardinaro "what about your wife? When I

10
11

asked you how you feel' about the crime you didn't even mention your wife? "my wife." Commissioner Inmate Feliciano,
Pre~iding Bardin~ro
(

12
13 14 15 16 17 18 19

"the one

-- Inmate Feliciano,
Pre~iding

"Lazarra"

Commissioner Bardinaro
on~

"yeah the

that you killed?" "I don't have is

Inmate Feliciano,

any trouble she -- she and me okay, know, you know, she is, you
l~ave

20 21
22 23 24 25

take a decision, you' know."

it.

It's okay,

Counsel also suggest the Commitment Offence was a'result of a particular set of circumstances that are.unlikely to be repeated iri the future, but there simply are too many unanswered
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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 26
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questions about the Commitment Offence for me to conclude that the prisoner's release would not pose a threat to public safety at this time, thank you.
PRESIDING COMMISSIONER SAWYER:

Thank

you.
ATTORNEY SPOWART:

Commissioner,

before

we close at this point and time I want to state for the record that my client did not get a fair hearing. He has a right not to have to talk It's all in the record
-~

about the life crime.

and you stated that in your

one of the things

you stated clearly on the record that you wanted to be able to talk to him at the life crime. Now, you aggregated his right. He did not have

a fair hearing so I

object to this hearing.

PRESIDING COMMISSIONER SAWYER:
Counsel~

it certainly is your client's right to You use We

not talk about the Commitment Offence.

the record in providing your conclusions. went back to the record. some
,q~estions

In looking to answer

that we have about the commit

offense.

Your, clients not being disadvantaged

because he didn't talk about the Commitment Offence, I'm saying in my statement I ,have too

many questions about the Commitment Offence to
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conclude that the prisoner's release would not pose an unreasonable risk to public safety. have the questions. I

2
3

Whether your client chose

4

to ,talk about the Commitment Offence or not"I still have the questions -ATTORNEY
SPOWAR~:

5
6.

I'm not talking I'm talking

7
8
9

about your comments,

Commissioner.

Commissioner Sawyer's comments,

who stated right

on there, ,we wahted to talk to him about the life crime. Well, you can't have it both ways.

10
11

You can't say well you have a right not to talk about it but theh come out and say well you've been denied for two years
b~cause

,12
13 14

we wanted to

talk to you about the life crime -DEPUTY
COMMISSIONE~

15
16 17

FILANGERI:

I'm

sorry -- well go comment.

ahea~

you wanted to make a

18
19 20

ATTORNEYSPOWART:

No.

I ' l l leave.

I ' l l leave it.

I ' l l leave it alone. We 128s.

PRESIDING COMMISSIONER SAWYER:

21
22

recommend in this case that no Get self-help,

mor~

115s,

stay disciplinary free learn a

23
24

'trade if possible and earn positive Chronos.

25
26
27

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That concludes this hearing.//
-~oOo--

4

5
6

7
8
9

10

11
12 13 14 15 16 17 18 19 20 21
~.

( 22
23 24 25
26

PAROLE DENIED TWO YEARS THIS DECISION WILL BE FINAL ON:Dec 29, YOU WILL BE PROMPTLY NOTIFIED, DATE, THE DECISION IS MODIFIED. 2005

IF PRIOR TO THAT

27

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CERTIFICATE AND DECLARATION OF TRANSCRIBER

I, .FELICIS TOWNSEND, a duly designated transcriber, PETERS SHORTHAND REPORTING, do hereby declare and certify under penalty of perjury that I nave transcribed tape(s) which total one in number and cover a total of pages numbered 1 - 44, aRd which recording was duly recorded at CORRECTIONAL TRAINING FACILITY, at SOLEDAD CITY, CALIFORNIA, in the matter of the SUBSEQUEN.T PAROLE CONSIDERATION HEARING OF PEDRO FELICIANO, CDC NO. C-59854, ON AUGUST 31, 2005, andf6at the foregoing pages constitute a true, complete, and accurate transcription of the aforementioned tape to the
be~t

of my ability.

I hereby certify that I am a disinterested party in the above-mentioned matter and have no interest in the outcome of the hearing. Dated , OCTOBER 3, 2005, at Sacramento f California.

q.--Jl~1 ~

FELICIA TOWNSEND TRANSCRIBER PETERS SHORTHAND REPORTING