Convicted serial rapist Andrew Laster, 60, is set to be released early from prison because his crimes were classified as “non-violent” under Proposition 57, a bill crafted in 2016 by then-California Attorney General Kamala Harris.
In the UK Daily Mail NotesLuster “was convicted on 86 counts of drugging and raping an unconscious woman in 2003,” and “fled to Mexico during his rape trial, only to be pursued by Dog the Bounty Hunter. … Originally sentenced to 124 years in prison, the corrupt Luster's sentence was reduced to 50 years on appeal in 2013.”
He was granted parole in August, nearly 20 years after his conviction, less than halfway through his sentence.
The reason was that Harris approved the language as a ballot proposition when she was California's attorney general.
Proposition 57 is less well known than Proposition 47, which Harris supported in 2014. Proposition 47 reduced several felonies to misdemeanors and critics say is the direct cause of a surge in retail theft across California.
(Proposition 36, an amendment to Proposition 47 that Gov. Gavin Newsom opposes, is hugely popular and was recently passed. vote 71% of California voters indicate they plan to vote in favor of an anti-crime ballot initiative.
Proposition 57 aimed to ease prison overcrowding by allowing early release for nonviolent offenders, but the proposition lacks a definition for “nonviolent” crime, which would include any crime not on the state's list of serious crimes.
Pacific Institute Warned 2016:
Voters will place Proposition 57 on the ballot this fall, and many will likely support it, because the ballot language leads them to believe it is simply a measure to “increase the opportunities for parole and good behavior for felons convicted of nonviolent crimes.” Supporters include Gov. Jerry Brown, Lt. Gov. Gavin Newsom and Attorney General Kamala Harris. The Democratic Party, the governing party in what is essentially a one-party state, also supports the measure.
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The bill would likely face few opposition if it actually achieved the results its proponents claim, but instead of allowing the release of only truly non-violent inmates, the Public Safety and Rehabilitation Act of 2016 would allow the release of inmates convicted of violent acts.
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The bill's language explicitly prohibits early release for anyone convicted of 23 specific violent crimes. The bill's weakness (actually a major loophole) is the long list of violent crimes that are not included in the 23. Opponents say felons convicted of arson resulting in serious injury, drive-by shooting, hostage taking, assault with a deadly weapon, attempted bombing of a school or hospital, and several other violent crimes would be eligible for early release. A list of sexual assault-related crimes, gang-related crimes, and crimes against children would also be classified as “non-violent” crimes under the early release program.
Dan Walters recently attention of Santa Maria Times Attempts to use regulations to broaden the definition of violent crime have failed.
Opponents of Proposition 57 point out that rape of an unconscious person is one of the serious crimes excluded from Brown's list and argue that the bill could favor violent sex offenders.
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[A]State lawmakers representing 4,400 felons who were exempt from early parole challenged its legality, arguing that the state cannot change the wording of a voter-approved ballot measure through rules. The issue eventually went to the state Supreme Court, which struck down the rule in 2020.
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In effect, this ruling allowed date rapists and other sex offenders to take advantage of the generous parole provisions of Bill 57. They did so without hesitation. Enter Luster, heir to the Max Factor cosmetics business.
Harris likes to brag about her record as a prosecutor both as San Francisco district attorney and as California attorney general, but in reality her record is one of leniency for serious violent crimes and avidity in going after low-level offenders like marijuana users and parents of truant children.
Her role in Proposition 57 was highlighted by her opponent in the 2016 U.S. Senate election, Rep. Loretta Sanchez (D-Calif.).
Sanchez criticized the ballot measure and Harris' role in crafting its outline language as state attorney general at a press conference in downtown Los Angeles on Tuesday. Harris chose not to take a position on any ballot measures.
“The title and summary of the ballot paper written by Attorney General Kamala Harris calls serious violent crimes 'non-violent,' including crimes such as intoxicated rape of an unconscious person and human trafficking involving sex acts with a minor,” Sanchez said in a statement. “Proposition 57 is a misleading and dangerous ballot proposition that would allow serious and violent offenders to be released early without serving their full sentences.”
Proposition 57 was so harmful that even Harris' successor, Attorney General Rob Bonta, said That's going too far.
Joel B. Pollack is executive editor of Breitbart News. Breitbart News Sunday It airs Sundays from 7:00pm-10:00pm ET (4:00pm-7:00pm PT) on SiriusXM Patriot. He is the author of the following books: Agenda: What President Trump Should Do in His First 100 Daysavailable for pre-order on Amazon. He also Trumpian virtues: The lessons and legacy of Donald Trump's presidencyavailable now on Audible. He is the recipient of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter. Joel Pollack.
