Judge: Schwarzenegger didn't break Calif. law by cutting sentence of political ally's son

Actor and former Calif. Gov. Arnold Schwarzenegger in October 2011 / Carlos Alvarez/Getty Images

(AP) SACRAMENTO, Calif. - A Sacramento County superior court judge ruled Friday that former Gov. Arnold Schwarzenegger didn't break any laws when he cut the manslaughter sentence for the son of a political ally just hours before leaving office last year.

Judge Lloyd Connelly called Schwarzenegger's decision to cut the sentence of Esteban Nunez from 16 years to seven was distasteful and "repugnant to the bulk of the citizenry of this state," but within his executive powers as governor. Nunez is the son of the governor's political ally, Fabian Nunez.

Judge to rule on ex-Calif. Gov. Schwarzenegger cutting manslaughter sentence of ally's son

Esteban Nunez pleaded guilty to voluntary manslaughter in a 2008 attack on an unarmed group of young men after he and some friends were turned away from a fraternity party. Three others pleaded guilty to various charges in the attack that killed 22-year-old college student Luis Santos.

Connelly's ruling came after hearing arguments in lawsuits filed by Santos' family and the San Diego district attorney, who argued that Schwarzenegger violated a voter-approved law that requires families be notified about cases involving their loved ones.

The judge ruled that the legislation, known as Marsy's law, did not specifically address the governor's power of pardons and commutations.

The family of 22-year-old Luis Santos said the judge's words were not enough. They want the sentence commutation thrown out.

"The attorney general's office fought for corruption and they won," said Kathy Santos, Luis' mother, outside court. "Where's the justice for our son? He was murdered. Two conniving politicians got away with it."

The attorney general's office, on behalf of Schwarzenegger, argued that Marsy's law does not apply to a governor's power to pardon and commute sentences and said he had "unfettered discretion to grant clemency without judicial review."

The office argued in briefs filed this month that the plaintiffs are seeking resolution of a political question, rather than a legal one.

Attorneys for the Nunez family and San Diego District Attorney Bonnie Dumanis said Schwarzenegger blatantly violated the state constitution with his last-minute decision, ignored the victims' due process rights and acted "in an arbitrary and capricious manner."

There was also evidence that Schwarzenegger generally required that his office follow the provisions of Marsy's law, which voters approved while he was in office in 2008, when he considered other clemency cases, deputy district attorney Laura Tanney wrote in a brief filed this week.

"Schwarzenegger knew the law, he knew exactly what was required of him, and yet he defied the oath of his office," Tanney wrote.

[Arnies-Zplan]

Theyr grooming Arnold for a Presidential Cabinet Appointment
Theyr superficially cleaning up his act and his violent,sexist, philandering,corrupt, actions!

1) they put him back in the movie/body builder role (everyone loves) to rebuild his reputation
2) the judges have thrown out LOTS of Cases against him !!!
3) the Calif Legislator threw out some HUGE pending cases against Arnie!!~
4) Arnie is posting political images
5) Arnie is talking politics
6) Arnie is "claiming" to start a bipartisan think tank with 20million of his own money
(words are cheap_show me the money)
WHY would HE do THAT? when Arnie was fined a Mere 30k for corruptly using 1.2 million taxpayer dollars???????????
7) The cleanuup is on-mark my words,Mrs Maria WILL come running home to her Husband"

[omnibus66]

In January, Haley Barbour, outgoing Repugnican Governor of Mississippi, set free at least four convicted murderers. I'm sure he did it to save the state money by not having to feed and clothe them. Or maybe it was because some of them only killed their wives (women are less likely to vote for a Repugnican). That is good, time tested, solid Repugnican logic, isn't it?

[twmat311]

"Repugnant but not illegal" - if you rewrite all the laws so that criminal acts are no longer criminal, no one ever gets held accountable. The old line about being able to raid the cookie jar; once the people realize how they can do it, it's open season.

When we lose sight of the basic difference between right and wrong - and I think we're just about there - we're done as a civilized people.

We had a local case where a 13 yr old child (with a gun!) is suspected of accidentally killing his 14 yr old friend; he and his mother covered up the whole thing, leaving the dead child's family to chase a false story. Nothing to do really with this story, but when we make excuses and allowances for basic wrongs, where do we stop?

[davidd5063]

GW let's Libby walk and the Govenator lets MURDERS walk - typical attitude of a psycopathic GOP piece of trash.

[you_MAY_be_right]

Democratic President John F. Kennedy pardoned, commuted or rescinded the convictions of 575 people during his term (and his term was incomplete, only three years)

Democratic President Lyndon B. Johnson pardoned, commuted or rescinded the convictions of 1187 people during his term

Democratic President Jimmy Carter pardoned, commuted or rescinded the convictions of 566 people during his term

Democratic President William J. Clinton pardoned, commuted or rescinded the convictions of 459 people during his term.

Republican President Richard Nixon pardoned, commuted or rescinded the convictions of 926 people during his term

Republican President Gerald Ford pardoned, commuted or rescinded the convictions of 409 people during his term


Republican President Ronald Reagan pardoned, commuted or rescinded the convictions of 406 people during his term

Republican President George H. W. Bush pardoned, commuted or rescinded the convictions of 77 people during his term

Republican President George W. Bush pardoned, commuted or rescinded the convictions of 200 people during his term


So david, you are making a point from a stance of ignorance. It happens on both sides.

[davidd5063]

"The office argued in briefs filed this month that the plaintiffs are seeking resolution of a political question, rather than a legal one" So there you have it, the Attorney General in the State of California clearly believes that allowing Govenors to allow "certain friends" to LITERALLY GET AWAY WITH MURDER is a "political" question rather than a "legal" one. The GOP clearly believes their MURDER CONVICTIONS are just "politically motivated" as well - after all, they're God's chosen ones right.

[bradkt1]

It's good to know the Governor...

[TominTX]

Arnold Perp may be a good comic-book kids character but he is a poor person at heart. The good people of CA got what they deserved when they elected a goof to be governor. Sympathy for the parents of the deceased, but no sympathy for the people of CA in general.

[netjunkie1]

yueah right...tex

[Verascity]

"repugnant"

That pretty much describes everything about this guy.

[hypnotoad72]

Well, I'm going to get some popcorn and wait for the usual suspects to chime in... :)

[zarnon61]

Another reason we know the political game is rigged.
One set of rules for them, one set of rules for the masses.