In Re Vasquez

David Vasquez challenges Governor Arnold Schwarzenegger’s reversal of a decision by the Board of Parole Hearings (the Board) finding him suitable for release on parole. We conclude there was no evidence to support the Governor’s ultimate conclusion that Vasquez was unsuitable for parole because he currently posed an unreasonable risk to public safety. Accordingly, we grant Vasquez’s petition for a writ of habeas corpus and reinstate the Board’s parole release order.

I. FACTS

A. The Offense

The facts of Vasquez’s offense, as derived from our earlier appellate decision (People v. Vasquez (May 12, 1994, D016853) [nonpub. opn.]), are as follows:

Maria Roth and the victim, Miguel Alarcon, were involved in a volatile romantic relationship and lived together for nine years. In September 1990, the couple had a fight and Alarcon eventually moved out of Roth’s apartment two months later. Meanwhile, Roth started seeing Vasquez and agreed to become his girlfriend.

In November 1990, Alarcon became angry after discovering that Roth was Vasquez’s girlfriend and told Roth he would “take a bat and beat the fuck out of [Vasquez].” Alarcon later confronted Vasquez and beat him up,…