Ex-Gov. Arnold Schwarzenegger violated the constitution in January when he failed to notify victims before reducing the prison sentence of a former Assembly Speaker’s son, a civil lawsuit announced Wednesday alleges.
San Diego County District Attorney Bonnie Dumanis published details of her office's lawsuit that, according to a media release, is “believed to be the first of its kind in the nation,” seeking to nullify Schwarzenegger’s commutation of Esteban Nunez’ sentence.
Nunez, son of Fabian Nunez, and a co-defendant pleaded guilty last May to his role in the October 2008 stabbing death of Luis Santos, a 22-year-old San Diego Mesa College student, near San Diego State University.
Three other victims were also stabbed.
On his final day in office, Schwarzenegger reduced Santos’ sentence from 16 to 7 years.
”A governor who is considering a commutation has a constitutional duty under Marsy’s Law to include the voices of the victims,” Dumanis said. “ In this case, that clearly didn’t happen … This last-minute commutation made without all the facts or input from the parties, only fueled the public’s mistrust of government and greatly diminished justice.”
Current Gov. Jerry Brown, the director of the California Department of Corrections and Rehabilitation, and Warden of Mule Creek State Prison are named in the suit as defendants and respondents.
Esteban Nunez is listed as a real party of interest.
In a Newsweek article last month, Schwarzenegger said his office "definitely made a mistake" in not notifying Santos' parents before announcing the commutation.
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However, he said he felt "good" about the decision to reduce Nunez's sentence.
"I happen to know the kid really well," Schwarzenegger told Newsweek. " I don’t apologize about it … There’s criticism out there. I think it’s just because of our working relationship and all that. It maybe was kind of saying, ‘That’s why he did it.’ Well, hello! I mean, of course you help a friend.”
