DISTRICT ATTORNEY - C. HOOPER

Approve request for funding up to the amount of $25,000.00 to prepare victim/witness interviews, statements and findings of fact and other expenses in representing the People of the State of California, County of San Benito, in the matter of Gustavo Munoz Marlow, Jr. before the California State Department of Corrections and Rehabilitation, Board of Parole Hearings on April 7, 2016 at 8:30 a.m. at the Sierra Conservation Center State Prison in Jamestown, CA and approve Budget Adjustment/Transfer up to the amount of $25,000, in installments as authorized by the County Administration Officer as necessary. (4/5 vote)

SBC FILE NUMBER: 510

Gustavo Munoz Marlow, Jr. was convicted of two homicides and one rape on March 3, 1993 by jury and all enhancements alleged by then San Benito County District Attorney Henry Damkar were found to be true.  Marlow received a sentence of 66 years in state prison.

On September 16, 2013, California Governor Jerry Brown signed Senate bill 260 implementing the United States Supreme Court’s decision in Miller v. Alabama (2012) 183 L.Ed.2d 407, which allows prisoners to have a hearing conducted by the California Board of Parole Hearings to consider their release as provided by California Penal Code, § 3051 and § 4801(c).

The Bill also requires the Board to consider statements from various parties including victims and family members of the victim and representatives from affected community who have knowledge of the crime and who can attest to consequences of the criminal act upon the victims, families and community.

Funds authorized by the Board of Supervisors will be utilized to pay for staff time (DA Investigator), travel and lodging, office supplies and related materials expenses.  Funds may also be used for pay for lodging and travel expenses of victims, affected family members, out of area investigations and victim meetings in accordance with San Benito County Travel Policies and Procedures.

Approve request for funding up to the amount of $25,000.00 to prepare victim/witness interviews, statements and findings of fact in representing the People of the State of California, County of San Benito, in the matter of Gustavo Munoz Marlow, Jr. before the California State Department of Corrections and Rehabilitation, Board of Parole Hearings on April 7, 2016 at 8:30 a.m. at the Sierra Conservation Center State Prison in Jamestown, CA.

Authorized expenditures will include staff time for District Attorney Personnel, meals, lodging, office supplies and related materials expenses and lodging and travel expenses for victims and affected family members; approve Budget Adjustment/Transfer up to the amount of $25,000, in installments as authorized by the County Administration Officer as necessary. (4/5 vote)