Judge orders changes to 'Three Strikes' voter guide

By DON THOMPSON, Associated Press Writer
Last Updated 6:32 am PDT Tuesday, August 10, 2004

SACRAMENTO (AP) - It took a Sacramento County judge to sort out the official arguments Monday that may determine the future of California's "three strikes" sentencing law.

Sacramento Superior Court Judge Raymond Cadei ordered both sides to make changes in the presentations millions of voters will consider before they vote on Proposition 66 in November.

The initiative would require that enhanced three-strikes penalties apply only when someone is convicted of a "violent or serious" felony such as robbery, rape or murder. It would require judges to review the sentences of felons serving life for a third felony that wasn't violent or serious, including burglary and criminal threats.

Opponents of altering the existing law include Republican Gov. Arnold Schwarzenegger and Democratic Attorney General Bill Lockyer, who signed one set of the arguments to appear in the official secretary of state guide mailed to millions of registered voters this fall.

Cadei required opponents to substitute a different example of a criminal whose sentence might be shorter if the initiative passes, barring them from using a crime where the accused has not yet been tried, convicted or sentenced. But he allowed opponents to quote a California District Attorneys Association estimate that as many as 26,000 felons might have to be resentenced if voters approve the initiative.

He required proponents to clarify that approving the changes would not release criminals currently serving sentences for murder, rape, kidnapping or child molestation, though they could have been previously convicted of those crimes. He permitted proponents to explain that those affected by the proposition served previous sentences for violent crimes but are now imprisoned for nonviolent offenses.

Supporters of the initiative say the decade-old tough-on-crime law has snared thousands of nonviolent offenders with life sentences.

Both sides declared victory from the judge's ruling, after they were unable to agree on compromise language of their own during out-of-court negotiations.

"The judge said it was clear that inmates with violent histories could, in fact, be released by Proposition 66," opponent Marc Klaas said in a statement. He once objected to but now favors the law spurred by the brutal kidnapping and murder of his daughter, Polly.

But Sandy Harrison, a spokesman for proponents, said, "We're happy to be specific about the fact that we're not releasing anybody who is serving time for serious, violent crimes."

The debate has literally pitted father against son.

Klaas opposes changing a law he says deters career criminals. His father, Joe Klaas, chairman of Citizens Against Violent Crime, is leading the drive to change a law he once supported, one he says has gone far astray in its consequences.

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On the Net:

California Secretary of State: http://www.ss.ca.gov

Proponents: www.yes66.org

Opponents: www.keep3strikes.org