Sacramento -- Daniel Ozuna Smith's lengthy rap sheet includes robbery and kidnapping, and he once raped a pregnant woman at gunpoint. Gaylon Ray Shirley has been hooked on heroin and cocaine for years and was last convicted of possession of crack with intent to sell.
Both Smith and Shirley are serving 25-years-to-life sentences in California's crowded prisons. Both felons, and thousands of others, are at the center of a debate this year over whether the state's unique "three strikes" law is an effective way to send longtime lawbreakers to prison for good, or constitutes cruel and unusual punishment for drug addicts and shoplifters.
Ten years after voters overwhelmingly approved three strikes, they will have the chance to amend it on the Nov. 2 ballot. Proposition 66, designed mostly to prohibit three strikes sentences for those convicted of nonviolent crimes, has led to an intriguing campaign on both sides of the issue.
The proposition has divided the father and grandfather of Polly Klaas, whose kidnapping and murder by career criminal Richard Allen Davis captivated the state in 1994 and helped sway voters to approve three strikes. The initiative to amend the law has been funded largely by one millionaire, whose son is an inmate who would serve less time behind bars if Prop. 66 is approved.
And both backers and opponents of the proposition point to plenty of personal horror stories to support their cause.
"My brother is not the type of person who needs to be locked up for the rest of his life,'' said Leon Shirley, 52, who is Gaylon Shirley's older brother and has watched his 51-year-old brother battle addiction since he was a teenager. "He has a drug problem. He is not Richard Allen Davis.''
Under three strikes, anyone convicted of two violent or serious felonies can face a 25-to-life sentence if convicted of any other felony. The law also doubles the sentence of anyone convicted of a felony who has one prior violent or serious felony -- a second strike.
California is the only state in the country that allows such long sentences for nonviolent felonies. There are 235 inmates serving 25- to-life for stealing a car, for example, and more than 10,000 people are in prison on second or third strikes for drug crimes, according to data from the state Department of Corrections.
Even some three strikes supporters admit that not all of the more than 7, 000 third-strikers in prison deserve such harsh sentences. The debate this year is whether Prop. 66 is the right fix, however, as opponents of the initiative say it could benefit thousands of hardened criminals.
"There are problems with three strikes,'' said San Mateo County District Attorney James Fox, a vocal opponent of Prop. 66. "This is not the answer.''
The proposition would make several changes to state law:
-- It would prohibit prosecutors from charging a second or third strike unless the felony committed was serious or violent, legal definitions that describe crimes like murder, rape and robbery;
-- It reduces the number of felonies considered to be serious or violent, meaning that charges like arson of an unoccupied building and burglary of an unoccupied home could not be used as a second or third strike;
-- It would allow anyone serving a third-strike sentence for a felony not considered serious or violent to a resentencing hearing, at which sentences would be reduced or even result in some inmates going free.
"What we're saying is that it is absolutely ridiculous that someone can get a life sentence for writing a bad check or stealing golf clubs,'' said Joe Klaas, a Prop. 66 backer and the grandfather of Polly Klaas.
Polly Klaas' father, Marc, is a vocal opponent of the initiative.
Prop. 66 proponents say the measure will allow about 4,000 third-strikers to seek new sentences and save the state hundreds of millions of dollars by reducing the number of inmates and the time they serve. The state's nonpartisan Legislative Analyst Office has agreed with that assessment.
Opponents of the proposition, however, say it will do more than just allow addicts or petty criminals to shave time off their sentences.
The state District Attorney's Association predicts the initiative will open the door for thousands more convicts, mostly second-strikers, to demand rehearing, arguing for equal treatment. Many opponents also object to retroactively resentencing and reclassifying some crimes as not serious or violent.
"I think residential burglary, whether someone is at home or not, is very serious,'' Fox said.
Fox was one of only a few district attorneys who opposed three strikes in 1994. But he now supports the law because a state Supreme Court ruling allows judges, not just prosecutors, to determine when a strike should be applied.
That ruling ensures a check on overzealous district attorneys, Fox said.
Other notable Prop. 66 opponents include Oakland Mayor Jerry Brown and San Francisco District Attorney Kamala Harris, who both have indicated some support for amending three strikes but feel the proposition goes too far.
"There are real dangerous people out there, and sometimes you can't get them for a serious or violent offense,'' Brown said at a recent legislative hearing.
The campaign against the initiative is being funded mostly by the state's politically powerful prison guards union, which has two officials involved in the opposition committee and has so far spent more than $176,000 to defeat Prop. 66.
The campaign has produced "Felon of the Day'' posters for the last month, highlighting a convict who would benefit from Prop. 66. Included is Smith, the kidnapper and rapist who was first convicted of a crime in 1961 but could be eligible for release under Prop. 66 because he was last convicted of heroin possession.
The union's expenses have been dwarfed by Jerry Keenan, however. Keenan, a Sacramento auto-insurance executive, has spent nearly $2 million on the proposition.
Keenan's son is in prison for a drunken driving accident that killed two people, and would see a lighter sentence under the proposition because the crime he committed would no longer be considered a serious or violent felony.
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Proposition 66
Proposition 66 would amend the state's "three strikes" law to prohibit increased sentences for those convicted of nonserious or nonviolent felonies. The law also redefines some felonies and would allow more than 4,000 third- strike inmates to have a resentencing hearing.
Argument for: The proposition would save money and provide more appropriate sentences for nonviolent crimes by amending the three strikes law.
Argument against: The proposition is poorly written and would allow career criminals to be released or face short sentences.
For more information: (In favor) www.yes66.org (In opposition) www.keep3strikes.org.
This is ridiculous the prison association and other DA's that Richard Allen Davis is gonna be eligible release! That is a joke! Read the manipulation! Yes on 66! Don't let the police and correctional officers huge influence scare you! There have been more people killed in San Jose by police than civilian murders! All we read and see is cops killing people and getting away. But , now they got nerves to say lets keep the car thieves and shoplifters in jail for life and we will continue KILLING people! Exercise your right and vote yes on 66! Thanks and God Bless!!!
Both Smith and Shirley are serving 25-years-to-life sentences in California's crowded prisons. Both felons, and thousands of others, are at the center of a debate this year over whether the state's unique "three strikes" law is an effective way to send longtime lawbreakers to prison for good, or constitutes cruel and unusual punishment for drug addicts and shoplifters.
Ten years after voters overwhelmingly approved three strikes, they will have the chance to amend it on the Nov. 2 ballot. Proposition 66, designed mostly to prohibit three strikes sentences for those convicted of nonviolent crimes, has led to an intriguing campaign on both sides of the issue.
The proposition has divided the father and grandfather of Polly Klaas, whose kidnapping and murder by career criminal Richard Allen Davis captivated the state in 1994 and helped sway voters to approve three strikes. The initiative to amend the law has been funded largely by one millionaire, whose son is an inmate who would serve less time behind bars if Prop. 66 is approved.
And both backers and opponents of the proposition point to plenty of personal horror stories to support their cause.
"My brother is not the type of person who needs to be locked up for the rest of his life,'' said Leon Shirley, 52, who is Gaylon Shirley's older brother and has watched his 51-year-old brother battle addiction since he was a teenager. "He has a drug problem. He is not Richard Allen Davis.''
Under three strikes, anyone convicted of two violent or serious felonies can face a 25-to-life sentence if convicted of any other felony. The law also doubles the sentence of anyone convicted of a felony who has one prior violent or serious felony -- a second strike.
California is the only state in the country that allows such long sentences for nonviolent felonies. There are 235 inmates serving 25- to-life for stealing a car, for example, and more than 10,000 people are in prison on second or third strikes for drug crimes, according to data from the state Department of Corrections.
Even some three strikes supporters admit that not all of the more than 7, 000 third-strikers in prison deserve such harsh sentences. The debate this year is whether Prop. 66 is the right fix, however, as opponents of the initiative say it could benefit thousands of hardened criminals.
"There are problems with three strikes,'' said San Mateo County District Attorney James Fox, a vocal opponent of Prop. 66. "This is not the answer.''
The proposition would make several changes to state law:
-- It would prohibit prosecutors from charging a second or third strike unless the felony committed was serious or violent, legal definitions that describe crimes like murder, rape and robbery;
-- It reduces the number of felonies considered to be serious or violent, meaning that charges like arson of an unoccupied building and burglary of an unoccupied home could not be used as a second or third strike;
-- It would allow anyone serving a third-strike sentence for a felony not considered serious or violent to a resentencing hearing, at which sentences would be reduced or even result in some inmates going free.
"What we're saying is that it is absolutely ridiculous that someone can get a life sentence for writing a bad check or stealing golf clubs,'' said Joe Klaas, a Prop. 66 backer and the grandfather of Polly Klaas.
Polly Klaas' father, Marc, is a vocal opponent of the initiative.
Prop. 66 proponents say the measure will allow about 4,000 third-strikers to seek new sentences and save the state hundreds of millions of dollars by reducing the number of inmates and the time they serve. The state's nonpartisan Legislative Analyst Office has agreed with that assessment.
Opponents of the proposition, however, say it will do more than just allow addicts or petty criminals to shave time off their sentences.
The state District Attorney's Association predicts the initiative will open the door for thousands more convicts, mostly second-strikers, to demand rehearing, arguing for equal treatment. Many opponents also object to retroactively resentencing and reclassifying some crimes as not serious or violent.
"I think residential burglary, whether someone is at home or not, is very serious,'' Fox said.
Fox was one of only a few district attorneys who opposed three strikes in 1994. But he now supports the law because a state Supreme Court ruling allows judges, not just prosecutors, to determine when a strike should be applied.
That ruling ensures a check on overzealous district attorneys, Fox said.
Other notable Prop. 66 opponents include Oakland Mayor Jerry Brown and San Francisco District Attorney Kamala Harris, who both have indicated some support for amending three strikes but feel the proposition goes too far.
"There are real dangerous people out there, and sometimes you can't get them for a serious or violent offense,'' Brown said at a recent legislative hearing.
The campaign against the initiative is being funded mostly by the state's politically powerful prison guards union, which has two officials involved in the opposition committee and has so far spent more than $176,000 to defeat Prop. 66.
The campaign has produced "Felon of the Day'' posters for the last month, highlighting a convict who would benefit from Prop. 66. Included is Smith, the kidnapper and rapist who was first convicted of a crime in 1961 but could be eligible for release under Prop. 66 because he was last convicted of heroin possession.
The union's expenses have been dwarfed by Jerry Keenan, however. Keenan, a Sacramento auto-insurance executive, has spent nearly $2 million on the proposition.
Keenan's son is in prison for a drunken driving accident that killed two people, and would see a lighter sentence under the proposition because the crime he committed would no longer be considered a serious or violent felony.
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Proposition 66
Proposition 66 would amend the state's "three strikes" law to prohibit increased sentences for those convicted of nonserious or nonviolent felonies. The law also redefines some felonies and would allow more than 4,000 third- strike inmates to have a resentencing hearing.
Argument for: The proposition would save money and provide more appropriate sentences for nonviolent crimes by amending the three strikes law.
Argument against: The proposition is poorly written and would allow career criminals to be released or face short sentences.
For more information: (In favor) www.yes66.org (In opposition) www.keep3strikes.org.
This is ridiculous the prison association and other DA's that Richard Allen Davis is gonna be eligible release! That is a joke! Read the manipulation! Yes on 66! Don't let the police and correctional officers huge influence scare you! There have been more people killed in San Jose by police than civilian murders! All we read and see is cops killing people and getting away. But , now they got nerves to say lets keep the car thieves and shoplifters in jail for life and we will continue KILLING people! Exercise your right and vote yes on 66! Thanks and God Bless!!!
