Gregory Ulas Powell v. Alfonso Gomez, Warden

OVERVIEW

In 1963, Gregory Powell and his co-defendant kidnapped two Los Angeles police officers and drove them to a field outside of Bakersfield, California. Rather than releasing the officers as he had promised, Powell shot at both officers. One officer died of the wounds and the other officer escaped.

After two trials, a Los Angeles County Superior Court jury convicted Powell of first degree murder and sentenced him to death. People v. Powell, 67 Cal.2d 32 , 59 Cal.Rptr. 817 , 429 P.2d 137 (1967). In 1974, Powell’s sentence was commuted from death to life imprisonment. People v. Powell, 40 Cal.App.3d 107, 169 , 115 Cal.Rptr. 109 (1974).

Powell was scheduled to be released in June 1982. In April 1982, the Board of Prison Terms (BPT) rescinded the parole date in part on the testimony of Chief Psychiatrist at the Department of Corrections’ Northern Parole Outpatient Clinic, Dr. Diane Sutton, and her team’s report (the “Sutton Report”) raised doubt as to Powell’s suitability for parole. The Sutton Report was based on alleged instances of sexual misconduct, lack of adequate employment plans, and possible brain damage. The BPT Appeals Unit affirmed the BPT’s decision in August…