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SD District Attorney Files Suit To Nullify Nunez Commutation

I share David65's disappointment in Schwarzenegger's commutation of Esteban Nunez' prison sentence.

On it's merits, Dumanis' argument for revoking commutation is original but appears weak. Does Marcy's Law provide victims with a constitutional right or a statutory right? The courts will decide.

One question that arises from Dumanis' suit is which governor is being sued, Schwarzenneger or Brown? The reporting above doesn't clarify. So, if Dumanis' suit is successful, the commutation decision would fall to Brown whether to pursue a commutation. It's unlikely he would make the same decision as Schwarzenneger.

Isn't Bonnie Dumanis running for mayor of San Diego? Bonnie Dumanis is framing a campaign theme around victims rights. She wants to appear tough on crime and championing the plight of crime victims. So, there is a possible political motive for Dumanis.

Dumanis' prosecutorial decisions have sometimes appeared arbitrary and determined by political alliances and affiliations. She appears to have a penchant for prosecuting rank and file public employee corruption while not prosecuting elected officials for corruption.

According to Voice of San Diego, 85/88 corruption cases involve low level public employees or attorney misconduct despite Dumanis' own definition of the target: "elected officials, politicians and their staff."

Other examples of Duman's arbitrariness would be Dumanis' long fight with Prop 215 (medical marijuana) and her unwise prosecution of Cynthia Sommer (Dumanis was forced to drop the charges.)

I don't disagree that the Nunez commutation was the product of a political favor. I support the rights of victims to have their voices heard. I think Dumanis is sincere in her support.

But I also suspect Dumanis is grandstanding in the name of a campaign theme.

May 12, 2011 at 7:02 a.m. ( | suggest removal )