In Re Loresch

In this petition for writ of habeas corpus, Karl Loresch seeks to vacate the Governor’s order reversing the 2008 decision by the Board of Parole Hearings (the Board) to grant him parole. The petition is meritorious. The record is devoid of “some evidence” supporting the Governor’s conclusion that petitioner is unsuitable for parole because he is currently dangerous. As we shall explain, the Governor’s order rests solely on speculation that in the future petitioner could relapse and commit acts of violence. We do not doubt the Governor’s sincerity, but his decision must be based on some evidence of current dangerousness, not speculation as to future dangerousness.

The Commitment Offense

In June 1982 petitioner pleaded guilty to the first degree murder of Judy Martino. He was sentenced to prison for 25 years to life. Petitioner committed the offense in April 1982, when he was 22 years old and a sergeant in the Army.

Petitioner was friendly with Herman Rose, who was involved in “a vehicle theft ring.” Petitioner told the Board that he was not involved in the ring, but he “knew what they were doing.” In 2008 petitioner told a forensic psychologist, Dr. Steven Barron, that…