In Re Barker

In 1977, 16-year-old David Barker participated with his friend Barry Braeseke in the killing of Braeseke’s parents and grandfather. Braeseke shot his parents and Barker shot the grandfather, after first hitting him several times on the head with a chisel. Tried as an adult, Barker was convicted of two counts of second degree murder and one count of first degree murder. Now almost age 47, Barker has been in state prison for 29 years, during which time he has participated in numerous self-help programs, obtained his General Education Diploma (G.E.D.), earned 45 units of college credit, acquired several vocational skills, and has been discipline-free since 1995. And Barker’s development in prison culminated in a September 2005 mental health evaluation that confirmed earlier evaluations: “risk for recidivism on a violent crime while in the free community is within the low range.”

Against that background, Barker appeared on November 14, 2005, before a two-person panel of the Board of Parole Hearings (Board), in his ninth attempt to obtain parole. Barker was sworn and answered questions from the Board members and from his counsel. No other witnesses appeared. Following a…