Robert F. Kennedy's murder suspect moves to free him
SACRAMENTO, Calif. - Sirhan Sirhan, who murdered presidential candidate Robert F. Kennedy in 1968, is asking a judge to free him from prison by reversing California Gov. Gavin Newsom s denial of his parole earlier this year.
Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California's pivotal Democratic presidential primary. He wounded five others in the Ambassador Hotel in Los Angeles.
In January, Newsom stated that Sirhan remains a threat to the public and hasn't taken responsibility for a crime that changed American history.
His attorney, Angela Berry, says there is no evidence that her 78-year-old client is dangerous.
She is asking a judge to rule that Newsom violated state law, which holds that inmates should be paroled if they pose a current unreasonable public safety risk. Recent California laws require the parole panel to consider that Sirhan committed the offense at a younger age, when he was 24, and that he is now an elderly prisoner.
Berry said she is challenging the governor's reversal as an abuse of discretion, a denial of Sirhan's constitutional right to due process and a violation of California law. It also alleges that Newsom misstated the facts in his decision.
Berry said that the governor acted with personal bias, incorporated the wrong law, ignored mitigation evidence, and did not give Sirhan the same rights as others eligible for parole. Newsom overruled two parole commissioners who had found that Sirhan no longer was a risk. Newsom said that the Christian Palestinians who immigrated from Jordan failed to disclaim violence committed in his name, adding to the risk that he could incite political violence.
The ruling split the Kennedy family, with two of RFK's sons - Douglas Kennedy and Robert F. Kennedy Jr.Kennedy Jr. - supporting his release. RFK's wife Ethel Kennedy and six of Kennedy's nine surviving children opposed his parole.
Newsom has cited RFK as his political hero and keeps RFK photos in both his official and home offices, including one of Kennedy's late father. Berry accused him of politicizing the parole process.
Berry accused Newsom of putting his political goals above that of the Constitution. Newsom's office did not respond to a request for comment. Newsom, a Democrat, has sought more national recognition in recent months by calling out Republicans, particularly the governors of Florida and Texas. Newsom is running for re-election in November but he has also sparked speculation that he has presidential ambitions, something he has denied repeatedly.
It is not clear how quickly a judge might rule on Berry's petition, and either side could appeal an adverse decision. Sirhan is due to have a new parole hearing on March 1.
Sirhan was originally sentenced to death, but the sentence was commuted to life when the California Supreme Court outlawed capital punishment in 1972.