Justice Kennedy Refuses Request to Block Release of Convicted Murderer
Justice Anthony M. Kennedy has refused to block the release of a 45-year-old California prisoner convicted of killing a man 25 years ago.
U.S. District Judge Marilyn Patel ruled last year that Fred McCullough should be granted parole because of evidence he had “turned his life around in 1985 and has exhibited exemplary behavior since that time,” the Associated Press reports. California’s parole board had twice recommended McCullough’s release, but Gov. Arnold Schwarzenegger and his predecessor both had denied the recommendations.
The state of California sought a stay of Patel’s ruling. As a result of Kennedy’s refusal to act, McCullough will be released pending the state’s appeal.
Kennedy had originally granted the state’s request for a stay last Sunday, but yesterday he vacated his earlier order and denied the state’s application (PDF posted by SCOTUSblog), SCOTUSblog reports. Kennedy did not explain why he changed his mind.
McCullough was convicted of killing a man with a brick while robbing him to get money to buy drugs. He has earned a college degree in prison and participated in many rehabilitation programs.
