In Re Gaul

Paul E. Gaul pleaded guilty to second degree murder in 1991 pursuant to a negotiated plea and cooperation agreement and was sentenced in 1994 to an indeterminate term of 15 years to life. Both the district attorney and trial court recommended parole at the earliest possible time pursuant to the rules and regulations of the Board of Prison Terms (now the Board of Parole Hearings) (Board).

After denying parole on three occasions (in 1998, 2001 and 2003), the Board in 2005 found Gaul suitable for parole and set a release date. The Governor reversed the Board’s decision in early 2006. In October 2006, after addressing the Governor’s concerns, the Board again found Gaul suitable for parole. Once again the Governor reversed the Board’s decision. Finally, in November 2007 the Board itself denied parole, concluding the nature of the commitment offense (murder for hire) and Gaul’s unstable social history before the offense, as well as his purported failure to develop sufficient insight as to the magnitude of his crime and a continued need for therapy to cope with stress, made him unsuitable for parole “based on the unreasonable risk to society or threat to public safety if…