CalVCB adopts proposed denials in two Penal Code §4900 erroneously convicted claims

The California Victim Compensation Board on May 28 voted to adopt proposed decisions recommending denial of two Penal Code §4900 claims from individuals who say they were wrongfully convicted.

Chief Counsel Kim Gutierre summarized the Jerry Johns matter, noting Mr. Johns filed as an erroneously convicted person seeking $2,75,640 for an unspecified imprisonment duration; the Attorney General’s Office objected and the proposed decision recommended denial for failure to meet the statutory burden. Mr. Johns addressed the board to contest the recommendation. Deputy Attorney General James Bradley urged the board to adopt the hearing officer’s proposed decision and the board adopted the recommendation by roll call (Beckton, Johnson, Ravel voting yes).

On the Ramon Del Rio matter, the claim seeks $2,287,180 for 16,337 days of imprisonment after convictions vacated under Penal Code §1172.6. Counsel Russell Carr and Mr. Del Rio argued that the administrative record and appellate findings undermined the reliability of documents relied on by the hearing officer; Deputy Attorney General Tammy Henick recommended adoption of the proposed decision. After board discussion the board adopted the hearing officer’s proposed decision by unanimous roll call.

Each adoption was recorded by roll call with Members Beckton and Johnson and Chair Ravel voting to adopt the respective proposed decisions. The board did not remand either matter at the meeting.