SUBSEQUENT PAROLE CONSIDERATION HEARING

STATE OF CALIFORNIA

BOARD OF PAROLE HEARINGS

In the matter of the Life Term Parole Consideration Hearing of:

CHARLES MANSON

CDC Number: B-33920

CALIFORNIA STATE PRISON

CORCORAN CORCORAN, CALIFORNIA

APRIL 24, 2002 11:40 A.M.

PANEL PRESENT:

SHARON LAWIN, Presiding Commissioner

ED MACKENBERG, Deputy Commissioner

OTHERS PRESENT:

PATRICK SPARKS, Attorney for Inmate

STEVEN KAY, Deputy District Attorney

DEBRA TATE, Victim next of kin

DEBBIE MITCHELL, Victim Services Representative, Corcoran State Prison, Observer

DAVE HEPBURN, Commissioner, Board of Prison Terms, Observer

LAURA WARNER, Observer

ANTHONY J. SOUSA, Deputy District Attorney, Los Angeles County, Observer

JOHNNY CASTRO, Public Information Officer, Corcoran State Prison, Observer

BRIAN MELLEY, Associated Press reporter, Observer

PROCEEDINGS

DEPUTY COMMISSIONER MACKENBERG: We're on, Commissioner.

PRESIDING COMMISSIONER LAWIN: Thank you. This is the Subsequent Parole Consideration Hearing for Charles Manson, CDC number B-33920. Today is April 24th, 2002. We're located at CSP-Corcoran, and the time is 11:40 p.m. [sic]. Before we get into the rest of the hearing, we need to discuss the issue of Mr. Manson's representation. He refused to sign all of the documents -- or any of the documents that were presented to him including whether or not he wished to have an attorney or did not wish to have an attorney and, if he wanted an attorney, whether that attorney was appointed or retained. Mr. Patrick Sparks has been appointed by the State to represent Mr. Manson. Mr. Manson refused to meet with Mr. Sparks. Therefore, Mr. Sparks is at a substantial disadvantage and has indicated that he would like to be removed or dismissed from this case. Mr. Sparks, would you like to?

ATTORNEY SPARKS: That's an accurate statement, and I'll confirm that. That, in fact, Mr. Manson did not interview and I don't believe that my participation at this hearing would facilitate his parole at this time.

PRESIDING COMMISSIONER LAWIN: Do you have any way of knowing if his rights had been met?

ATTORNEY SPARKS: I believe that he's had the opportunity to review his C-File, as his primary right for purposes of this hearing, and to sign forms indicating whether he had ADA issues. And I believe that he doesn't have any ADA issues reading through the reports that I have for purposes of today's hearing that the psychological report doesn't indicate something in that area and nothing previous -- well, perhaps previous he might have something mental health wise that would require assistance in this hearing, but I don't see that here today as an ADA issue.

PRESIDING COMMISSIONER LAWIN: Thank you. We appreciate your position. Is there anything you would like to put on the record?

DEPUTY COMMISSIONER MACKENBERG: No, I understand well the points made by Mr. Sparks, and they certainly seem to be reasonable.

PRESIDING COMMISSIONER LAWIN: Thank you, and I concur. And you are certainly welcomed to leave, and we do appreciate your assistance. And you have now been officially removed from the case, and we will now take a recess. [Off the record]

DEPUTY COMMISSIONER MACKENBERG: We're on record, Commissioner.

PRESIDING COMMISSIONER LAWIN: This is a Subsequent Parole Consideration Hearing for Charles Manson, CDC number B -- excuse me, 33920. Today is April 24th, 2002. We're located at CSP- Corcoran, and the time is 12:20 p.m. For the benefit of the transcriber, we actually began this hearing a short while ago to put on the record the fact that the inmate had refused to meet with his counselor -- or rather refused to sign forms that were presented to him by his counselor including a form that indicated whether or not he wished to be represented by counsel. Based on his refusal to make that decision, the state appointed an attorney for him. Mr. Manson refused to meet with that state appointed attorney and, based on his lack of ability to provide any further information, that state appointed attorney asked to be released and dismissed from representing Mr. Manson in that he felt he would be unable to provide anything. So we did put on record that that had occurred prior to this with the state appointed attorney, Mr. Patrick Sparks, and he has been allowed to leave. So we will continue. Mr. Manson was received in CDC on April 22nd, 1971, from Los Angeles County, case number A253156, for violation of Penal Code Section 187, that's murder first, count numbers one, two, three, four, five, six, and seven. There's also count number one of Los Angeles County case number A267861, for violation of Penal Code Section 187, that's also a murder first, terms of life with a minimum eligible parole date of December 13, 1978. These hearings are tape recorded. For voice identification purposes, we'll go around the room and identify ourselves for the transcriber. Each of us will state our first and last name, and spell our last name. And I'll begin and go to my right. We'll do the table first and then go to the outside ring. Sharon Lawin, L-A-W-I-N, Commissioner.

DEPUTY COMMISSIONER MACKENBERG: Ed Mackenberg, M-A-C-K-E-N-B-E-R-G, I'm a Deputy Commissioner of the Board.

DEPUTY DISTRICT ATTORNEY KAY: Steven Kay, K-A-Y, I'm a head Deputy District Attorney, Los Angeles County.

MS. TATE: Debra Tate, T-A-T-E, victim's nearest relative.

MS. MITCHELL: Debbie Mitchell, M-I-T-C-H-E-L-L, Victim Services Representative for Corcoran State Prison.

PRESIDING COMMISSIONER LAWIN: Thank you. Go around the room.

COMMISSIONER HEPBURN: Dave Hepburn, H-E-P-B-U-R-N, Commissioner, Board of Prison Terms, here as an observer.

MS. WARNER: Laura Warner, W-A-R-N-E-R, observer.

DEPUTY DISTRICT ATTORNEY SOUSA: Anthony J. Sousa, S-O-U-S-A, Deputy District Attorney, Los Angeles County, here as an observer.

MR. CASTRO: Johnny Castro, C-A-S-T-R-O, Public Information Officer, Corcoran State Prison.

MR. MELLEY: Brian Melley, M-E-L-L-E-Y, Associated Press, reporter.

PRESIDING COMMISSIONER LAWIN: I'm sorry, if you could speak up. I notice we're not getting any bounce at all. If you could --

MR. MELLEY: Brian Melley, M-E-L-L-E-Y, I'm a reporter with the Associated Press.

PRESIDING COMMISSIONER LAWIN: Thank you very much. That identifies all parties in the room with the exception of correctional officers who are here for security purposes. The reason for today's hearing is to again consider Mr. Manson's suitability for parole. In arriving at a decision, we will consider the number and nature of crimes for which he was committed to state prison, his prior criminal history, his social history, as well as his post-conviction factors. As indicated earlier, Mr. Manson refused to sign all forms. He also refused to attend this hearing. Therefore, Mr. Manson will not be present. The hearing will be held in his absence. Therefore, I am unable to determine if there is an issue with ADA as he refused also to sign the BPT form 1073. However, based on a review of his file, we found that there were no ADA issues and the state appointed attorney, who has now been released, concurred with that opinion. In arriving at our decision today, we will consider the counselor's report and psychological report and any other information that has a bearing on Mr. Manson's suitability for parole. The law and the Board of Prison Terms rules indicate that our purpose today is to decide if Mr. Manson's release would pose an unreasonable risk of danger to others. If we believe that his release would pose such a decision, he will be denied a parole date. Were Mr. Manson to appear today, he would not have been required to discuss the commitment offense with the Panel. He would not have been required to speak to the Panel. Nor would he be required to actually discuss any aspects at all with the Panel. Again, he has chosen not to appear at all. And had he -- Because he's refused to attend, and had he decided not to speak to us, we would not and will not hold that against him. Mr. Manson will receive a copy of the tentative, written decision today. And that decision becomes effective after it's reviewed by Decision Review Unit of Board of Prison Terms in Sacramento. And once a final decision has been issued, he will have 120 days after the final decision is mailed to him in which to file an appeal if he chooses to do. A transcript from this hearing will also automatically be sent to him. And I also wanted to note for the record that the date that Mr. Manson was provided with a form was February 5th, 2002, by his counselor, C. Nicholls, N-I-C-H-O-L-L-S. Is there any confidential to be used?

DEPUTY COMMISSIONER MACKENBERG: No, there's not.

PRESIDING COMMISSIONER LAWIN: Mr. Kay, I passed over a documents checklist, I think it's sitting there, to make sure that we're all working with the same set of documents. Did you receive everything on that checklist?

DEPUTY DISTRICT ATTORNEY KAY: I did. Yes, thank you.

PRESIDING COMMISSIONER LAWIN: Could you please pass that back to me. Thank you very much. And one additional document that I also provided was a letter from Los Angeles Police Department. So you have a copy of that now as well.

DEPUTY DISTRICT ATTORNEY KAY: Yes.

PRESIDING COMMISSIONER LAWIN: That's the only late document that --

DEPUTY DISTRICT ATTORNEY KAY: Do you want that back or is that --

PRESIDING COMMISSIONER LAWIN: No, that's for you.

DEPUTY DISTRICT ATTORNEY KAY: Okay. Thank you.

PRESIDING COMMISSIONER LAWIN: We were unable to determine if Mr. Manson has any objection to the Panel, therefore we will proceed with the Panel as it's constituted. And in the absence of Mr. Manson or his attorney, I am going to take the Statement of Facts and read them into the record. I will utilize the facts from the decision of the hearing held on November 4, 1980. Those facts state that: "Shortly after midnight on August 8, 1969, the prisoner informed his crime partners that now was the time for helter skelter. The crime partners were directed to accompany Charles Watson and to carry out the orders given by the prisoner. The crime partners at the time were Linda Kasabian, K-A-S-A-B-I-A-N, Susan Atkins, A-T-K-I-N-S, and Patricia Krenwinkle, K-R-E-N-W-I-N-K-L-E. As the crime partners were in the car getting ready to leave the area, the prisoner informed them, quote, 'You girls know what I mean, something witchy,' that's W-I-T-C-H-Y, end of quote. Crime partner Watson drove directly to 10050 Cielo Drive where he stopped the car. Linda Kasabian held three knives and one gun during the trip. Watson then cut the overhead telephone wires at the scene and parked the vehicle. Crime partners Atkins and Krenwinkle had been in the back seat with Linda Kasabian, a passenger, in the right front seat. Watson then carried some rope over the hill into the outer premises of 10050 Cielo Drive. A vehicle containing the victim, Steven Parent, P-A-R-E-N-T, approached the gate opening into the street. Watson stopped him at gunpoint and the victim stated, quote, 'Please don't hurt me. I won't say anything,' end of quote. Watson shot him five times and turned off the ignition of the victim's car. All crime partners then proceeded to the house where Watson cut a window screen. Linda Kasabian acted as a lookout while a female crime partner entered the residence through an open window and admitted the other crime partners. Within the residence, the prisoner's crime partners, without provocation, logic, or reason, murdered Abigail Ann Folger, F-O-L-G-E-R, by inflicting a total of 28 multiple stab wounds on her body. Victim Wojiciech Frykowski, that's W-O-J-I-C-I-E-C-H, last name F-R-Y-K-O-W-S-K-I, was killed by multiple stab wounds, a gunshot wound to his left back, and multiple force trauma of a blunt nature to the head. Sharon Tate Polanski, P-O-L-A-N-S-K-I, was killed with multiple stab wounds. Jay Sebring S-E-B-R-I-N-G, was killed by multiple stab wounds. On August 10th, 1969, the prisoner drove his crime partners to a location near the residence of Leno and Rosemary LaBianca, L-A, capital B-I-A-N-C-A. The prisoner entered the LaBianca home alone at gunpoint and tied the victims. He impressed them with a statement that they would not be harmed and that a robbery was taking place. He then returned to the vehicle containing his crime partners and directed them to enter the residence and kill the occupants. He informed them not to notify the victims that they would be killed. Crime partner Charles Watson, Patricia Krenwinkle and Leslie Van Houten, V-A-N capital H-O-U-T-E-N, then entered the residence, and the prisoner drove away from the scene. Crime partners entered the residence, and in a callous manner, killed victim Leno LaBianca by inflicting multiple stab wounds to the neck and abdomen, and Rosemary LaBianca by inflicting multiple stab wounds to the neck and trunk. The crime partners carved the word war, W-A-R, on victim Leno LaBianca's stomach by use of a carving fork. At both of the above scenes, the prisoner's crime partners used the blood of their victims to write words on the walls and refrigerator doors." And continuing on page five: "A pistol, knives, and swords were used in the following crimes, which the prisoner committed with crime partners Beausoleil, B-E-A-U-S-O-L-E-I-L. The prisoner directed the crime partners to go to the home of the victim Gary Allen Hinman, H-I-N-M-A-N, and have him sign over his property. The crime partners followed the prisoner's directions and on July 26th, 1969, contacted the prisoner from the Hinman residence. The prisoner and crime partner Davis then went to the Hinman home and the prisoner struck the victim with a sword severing a part of the victim's right ear and causing a laceration to the left side of his face from his ear to his mouth. The prisoner and crime partner Davis then drove away from the crime scene in the victim's Fiat automobile. On July 27th, 1969, after suffering three days of tortuous treatment, victim Hinman was killed by stab wound through the heart inflicted by crime partner Beausoleil. When the victim was found in his Topanga Canyon home on July 31st, 1969, he had been stabbed through the heart, incurred another stab wound in the chest, suffered a gash on top of his head, a gash behind his right ear, and a laceration on the left side of his face, which cut his ear and cheek." And I'll complete the Statement of Facts there. In the 1997 Board report, which is the last report which Mr. Manson participated in an interview, the prisoner's version states: "Manson continues to express no remorse and avoids accepting blame. He offered the following statement. 'I was arrested for conspiracy as murder with malice aforethought by public opinion. District Attorney released his opinions to the public and held me under a gag order. I didn't break the law. I told the judge I didn't break the law. Those people were my fans. They actually thought I could play music. I stayed within the law for protection. The District Attorney made up the idea of helter skelter. I never got a chance to tell my version. I'm too old now to go to court. I might as well tell the truth now. If I could only find someone who is intelligent enough.' He also stated in a prior report that, quote, 'We have -- We were having a spiritual meeting, a coming together of the minds. We wanted to restore order in the government, Tex Charles Watson, and Susie, Susan Atkins, owed me. I told Susie to go with Tex and do what he said. I never told him to kill anyone. I wasn't the leader of anything, not of the murders and not at the ranch. I didn't tie them up or kill them. I was next door. Tex was the leader. I wasn't involved.'" With that, we'll move on to Mr. Manson's history. He had a long history of contact with law enforcement prior to the commitment offense. It began as a juvenile in Indiana in 1948. He was placed in Gibault, G-I-B-A-U-L-T, School for Boys for burglarizing a grocery store. He went AWOL from the school and was placed in Indiana State Reformatory in Plainfield, Indiana. In 1951, he again went AWOL with two other boys. They stole an automobile and drove to Beaver, Utah, where they were arrested. In 1951, March, he was convicted of violation of the Dyer Act and sentenced to the National Training School for Boys in Washington, D.C. He paroled from there in 1954. As an adult in 1955, grand theft auto, five years probation. This was in Los Angeles. In 1956, violation of probation, Dyer Act, sentenced to three years federal prison in Los Angeles. In 1957, he attempted escape from federal prison and received five years probation. In 1959, he was arrested for forgery, mail theft, received a year suspended sentence of five years probation. In 1960, in Los Angeles, violated probation, received 10 years federal prison at McNeil Island, Washington. In 1967, interfering with officers, three years probation, that was in Ukiah, California. And in 1968, in Ventura, reproducing or possession of facsimile of driver's license. In 1969, the commitment offenses. Personal factors are developed -- were developed by the counselors based on interviews and a search of the records. And I preface that only because apparently there are conflicting facts about the inmate's background including his date of birth. He was born in November 1934; the date is in question, in Cincinnati, Ohio. He was born out of wedlock to Kathleen Maddox, M-A-D-D-O-X, and he apparently never saw his natural father. He --

DEPUTY DISTRICT ATTORNEY KAY: Excuse me, can I say something?

PRESIDING COMMISSIONER LAWIN: Certainly.

DEPUTY DISTRICT ATTORNEY KAY: I know from his own mouth, that he claims to have been born on November 11th.

PRESIDING COMMISSIONER LAWIN: Thank you very much. So shortly after his birth, his mother was sentenced to prison for assault and robbery. For a short time he lived with his maternal grandparents and another relative in West Virginia. He rejoined his mother in Indiana upon her release from prison. Later resided in various foster homes until he was made a ward of the court in 1947. Then he spent the -- apparently, the rest of his juvenile life in various reformatories and boys' school. He dropped out of school at the age of nine in the third grade, married Rosalie Willis, W-I-L-L-I-S, in 1954, which ended in divorce in 1956. Had one son, Charles, Junior. Has not seen his son since 1954 when he divorced Ms. Willis. Had no work history, no military history, and admitted to using LSD, mescaline, amphetamines, barbiturates, and denies the use of alcohol. And with that, we will go to parole plans. There are no parole plans. The inmate again refused the interview by the counselor so he was unable to provide anything current. In a previous report, Mr. Manson stated that in terms of parole plans, he had none. He's had a variety of responses to that question or that issue. At one point in 1992, he stated he wasn't interested in paroling. He would be lost in our society, and his main concern was to be released to a general population setting in order to program. There are a number of letters in the file. There are a total of 80 signatures on a petition. The signatures all appear to come from people in England. There are 15 different form letters or individual letters in the file, all of these supporting release for Mr. Manson. And the letters are signed by people who seem to be scattered all over the United States, the 15 letters. And none of them claim any personal knowledge of Mr. Manson. They all have a filled out form letter which urges his release. And they're given places to check boxes say, for instance, that he didn't participate in the crimes for which he was convicted and the length of his sentence has been too severe. We send out 3042 notices. And they go out to those agencies that participated in this case. And Mr. Kay will make the appropriate comments from the District Attorney in a few moments. We did receive the letter from the Los Angeles Police Department. It's signed by Jim Tatreau, T-A-T-R-E-A-U, Captain, Commanding Officer of Robbery/Homicide Division. And he writes that Mr. Manson was an active participant in the mutilation and murders of several persons in the Los Angeles area. Crimes committed by Mr. Manson were of such brutality and complete lack of humanity that it is clear Mr. Manson has no concern for human life. It is the opinion of the Los Angeles Police Department that the release of Mr. Manson will create considerable risk to the community and that his release is unequivocally contrary to the interests of society. And with that, we'll go to post-conviction.

DEPUTY COMMISSIONER MACKENBERG: We're not going to go back to the beginning on post convictions. We're going to go from 1997, from the time of the last Board hearing with Mr. Manson, at which time he was denied for five years. We want to proceed from that point on. The first thing to note is that he picked up 14 115s, that is serious disciplinary actions against him in that length of time. I bring that up first because they are simply important, and they have to be noted. The last one, actually 17, excuse me. The last one is serious enough to have actually been referred to the Office of the District Attorney in Kings County. This for being in possession of a bludgeon. It is a weapon. This occurring in February of 2001, that's just last year. Also at that time, he managed to set fire to a mattress and stuff it into the hallway, which is essentially an act of arson, which compounded having the weapon. So that this was a threat to himself and to peace officers in the institution and, in fact, to the institution. If he managed to set it on fire, it's going to cause a drastic problem and possible loss of life. So he has had a serious disciplinary problem in the last five years. Let's just pick it up and say in April of '97, he has been at Corcoran for the last five years. He's been in and out of what they call Administrative Segregation and what they call Security Housing Units and in Protective Housing Units. So he's not managed to do a whole lot about furthering any kind of vocational trade or do a whole lot about educational upgrading which the Board asked him to do in 1997. But they did enroll him in classes for a time trying to get him to the point where he could upgrade his education, but he refused to attend. So eventually he was dismissed from the class after two or three different attempts to try to get him to go to school. He apparently did not want to attend school. There has not been a whole lot going on with groups either inasmuch as he was essentially an isolated inmate by the behavior that he exhibits on sort of a constant basis and acquiring these 115s. And when he's not doing that having to be placed in some sort of a situation where he's protected so that he's been having a difficult time in the institution. It's noted that there's no vocational training throughout this period. There is no particular group activities. There is an ongoing psychiatric treatment. He's been in and out of what they call Enhanced Outpatient Program, which is generally used for people who have serious psychiatric difficulties. That is people who are in need of ongoing psychiatric care by an attending psychiatrist of which there are a number in this facility. He also sees psychologists from time to time here when he's -- He has also been what they call a triple CMS program, which means that they call it Critical Case Management so that he is reviewed from time to time to be sure that he's all right in his ability to deal with the world around him. That's his reality testing. And to see whether or not he needs any kind of medications. He is not apparently considered by the staff in this particular facility to at all times be able to function just on his own. He has picked up a number of these 115s for violence including battery on staff and suspected illegal business activities. He had property brought in. He's done a number of things to arouse the interest of the staff and to cause him to get disciplinary reports. This all occurring ongoing from April '97 up until the present time. The long and short of it is, is that it's difficult to say a whole lot about the last five years other than that he seems to go back and forth between the Protective Housing Unit, Administrative Segregation, Security Housing, back to Protective Housing Unit. So that's kind of like a sad circle of rounds in this institution. He doesn't seem to benefit a whole lot from treatment inasmuch as he resists it so that he often refuses apparently to see the psychologist and doesn't want to see psychiatrists and that it's difficult to get him to do the things that they think he should do in order to forward his programs to be able to come to the Board at some point and say really, I ought to be able to go home. He's been noted as failing to participate in programs, for disrespect -- this is just in May of '99. He managed to pick up three 115s for failure to participate, disrespect, noncompliance with grooming standards. He picked up three more in 2000, January, for delaying a peace officer in performance of duties, in February of 2000, for threatening a peace officer, and February 29th, for threatening a peace officer. And again he had the weapon in 2001, plus setting a fire. So that by and large he has not had a very happy time of it in the last five years. If it sounds like a woeful tale, it's not because I'm trying to simply disrespect Mr. Manson, it appears that he has serious mental health issues. That they're causing him some very real problems. That he doesn't seem to be making a whole lot of progress towards the goals set by the Board of Prison Terms which was to become disciplinary free, to upgrade vocationally and educationally and to try to come to some terms with the therapy program. That is to participate in some of these things, some self-help groups. He's not done any of those things in the last five years. I can go on here chapter and verse, but it would seem to me to be a bit excessive to simply go on relating every single 115, every single problem that he's had. Let's just say that he's having a difficult time. The last five years have been a nonstop problem for Mr. Manson and the institution, we might add. His counselor did the report in here for this particular hearing and he notes that he believes that he would present a -- quite a risk to the public if released at this time. This is based upon his review of the record and also the behavior he has noted in just the time that led up to making up this report. That includes the 115 he has for the weapon and so on. So he sees him as a high risk to the public if released at this time. There are two psych reports in here. One from 1997, which was done by Dr. Evans, which is now five years old. We're going to take up just the last two. Dr. Evans on that occasion noted that this man is competent and responsible for his own behavior which is more or less just in direct opposition to what we're hearing from the institution as to his behavior in the institution. He notes that he has the capacity to abide by the institutional standards. There is no evidence to suggest psychopathology beyond his substance abuse and his severe personality disorder. He goes on to note, however, that his violence potential is still considered greater than average as any discussion concerning the LaBianca murder will attest, this examiner's suggestion -- not suggesting to the Board to get into a dispute due to time constraints. He believes that Mr. Manson continues to practice manipulation. That he has manipulation powers and control over followers. He is still considered to be a dangerous man especially if he were to partake in illicit drug abuse. He notes that he had not yet begun to contemplate the underlying cause of his current attitudes other than to see himself as a victim of the system. He also notes he has considerable artistic ability and should be encouraged to continue with this as an outlet for his expressions. He notes that his physical and mental needs seem to be well taken care of. That is in the institutions. He doesn't -- Let me see here, does he point out that he should be able to leave here? No. He believes that he is well housed and that he should participate in the programs that are available to him so that at some point he would be more able to stand on his own feet and be recognized for apparently the talented artist that he is. But he is, in truth, in some sort of a vicious cycle of behavior that is leading him into a great deal of difficulty. This almost sounds like some sort of a lecture on Mr. Manson when, in fact, it is simply a recital of what is going on in the institution in the last five years. There's another psychological report here by Dr. Garrett Essres signed on 3-7 of 2002. And we want to note that Dr. Essres' assessment is that that man is highly dangerous, that he would - - He notes that at times, he can be clear and coherent and oriented. However, that his criminal history is quite extensive. That it would appear that he is an inconsistent individual. That he is highly likely to re-offend if released insofar as he can determine. That he considers him to be a high risk in just about every way if released to the general population. If I'm shoring this up, it's because there's little to be said, it seems to me, to be -- I would love to be able to recite some things that are positive, but the history over the last five years has been almost genuinely difficult for Mr. Manson and difficult for the institution let alone to consider for the parole. And by that, I'll go back to Commissioner Lawin.

DEPUTY DISTRICT ATTORNEY KAY: Could I just ask one question. I'm not sure about the number of 115s. Did you say 14?

DEPUTY COMMISSIONER MACKENBERG: There were -- I have 17.

PRESIDING COMMISSIONER LAWIN: There were seventeen.

DEPUTY DISTRICT ATTORNEY KAY: Seventeen, okay.

PRESIDING COMMISSIONER LAWIN: There were 14 in the prior -- in the period with the prior hearing. Seventeen this time.

DEPUTY DISTRICT ATTORNEY KAY: Okay.

PRESIDING COMMISSIONER LAWIN: Seventeen since March 27th, '97.

DEPUTY DISTRICT ATTORNEY KAY: Okay.

PRESIDING COMMISSIONER LAWIN: Bringing his total to 88, 115s since he came into the institution. I think one other thing we ought to put on the record --

DEPUTY COMMISSIONER MACKENBERG: The score.

PRESIDING COMMISSIONER LAWIN: -- is his classification score.

DEPUTY COMMISSIONER MACKENBERG: Yeah, I kind of thought you were going to get around to that. It had just come to me as well.

PRESIDING COMMISSIONER LAWIN: Okay.

DEPUTY COMMISSIONER MACKENBERG: Maybe if I put it on there. It is 463.

PRESIDING COMMISSIONER LAWIN: As of December 5th, 2001. That's his current classification score.

DEPUTY COMMISSIONER MACKENBERG: That goes from zero up to quite high, but that's -- 463 is not zero and it's not 1500, but it's not a low classification score.

PRESIDING COMMISSIONER LAWIN: Thank you. Are there any other questions that you have, Mr. Kay? With the inmate not being here, we're unable you go to ask them. If not --

DEPUTY DISTRICT ATTORNEY KAY: No.

PRESIDING COMMISSIONER LAWIN: -- then would to closing.

DEPUTY DISTRICT ATTORNEY KAY: Yes.

PRESIDING COMMISSIONER LAWIN: Thank you.

DEPUTY DISTRICT ATTORNEY KAY: Thank you very much. The good news is that finding Charles Manson unsuitable for parole and giving him a five year denial will be the easiest decision you'll have to make all year. The bad news is, of course, I think was pointed out. Manson literally has thumbed his nose at the recommendations given by the Board at the end of his last hearing on March 27th, 1997. Actually, March 21st, 1997. The Board made four recommendations at that time. They're all standard, all reasonable. And Manson failed miserably at all of those. One of them was to become and remain disciplinary free. Well, within two months, Manson was convicted for trafficking in drugs. He was given a 12 month SHU sentence, but he didn't stop there. In November of '97, he committed a battery on a staff member. He's picked up 115s for threatening to kill staff members, the possession of the weapon in 2001. He's repeatedly gotten SHU sentences. The first one was aggravated. He also has been -- had a year's worth of custody credits taken away from him. And nothing seems to get his attention. Whatever is done. Another recommendation was for him to lower his custody level. Not only didn't he do that, but he had to be sent up to Pelican Bay for a little attitude adjustment and, of course, that didn't work because that's where he committed the battery on the staff member in November of '97. He was told to upgrade educationally and vocationally. He, of course, he's not going to work. He didn't do anything on that. And educationally in '98, he got dropped from his classes because he never would attend. He was told to program in self-help and therapy, and he's not interested in any of that. Manson, one time when asked at one of these hearings if he got paroled what would he like to do, and he said that he'd like to be paroled to the desert so that he could live with his friends, the spiders and the scorpions because he didn't like people and didn't want to live with people. And he said, as an alternative, he'd like to parole to space. He hates our society. He would do anything possible to destroy the society. Both the correctional counselor that did the Board report this year and Dr. Essres, the psychologist, both see him as an extreme danger which he is. His record is replete with 1violations. He has a record of many times hitting and spitting on guards and staff members, throwing hot coffee on guards, threatening to kill guards and staff members, possessing dangerous weapons, possessing drugs. He is a terrible prisoner. He has always been a terrible prisoner. From the time that he has come into the Department of Corrections, he has not done one single thing to try and rehabilitate himself or to try and cooperate with others trying to rehabilitate him. He knows that he's never going to get paroled, and he's just not going to go along with the program. He is an exceptionally dangerous man. He has been convicted of nine vicious murders. He is very clever at manipulating others to do his bidding. He has never understood why he was convicted for these murders because he always thought that if he got other people to commit the murders, then they could be convicted of the murders. But if he didn't physically do it, then he couldn't be convicted. His -- At the time of the murders, his intent was to destroy our society by starting a black white race war. And as a result of him trying to achieve that goal, nine innocent people were murdered. The first was Gary Hinman, who was a rock musician that Manson had met at the home of Dennis Wilson. He was a drummer for the Beach Boys. Manson thought that Hinman had come into a large inheritance, and Manson wanted the money because Manson was preparing for war at the time. He had dune buggies on the ranch that had machine guns mounted in them. He had a gun room. He had a member of the Straight Satan motorcycle gang from Venice who knew how to pack bullets. They had a bazooka. They had some very lethal weapons that they were going to use in the revolution. Manson on July 25th, sent Robert Beausoleil, Susan Atkins, and Mary Brunner out to get Hinman to join the family because when one joined the family, one turned over all their worldly possessions. Hinman was not interested in joining the family. Hinman actually had not come into a large inheritance. And Beausoleil, when he couldn't get Hinman to turn over the property, called out to Spahn Ranch, talked to Manson's chief of staff, who was Bruce Davis. Whenever Manson wasn't there with the family, Bruce Davis was always the one in charge. Bruce Davis was well-educated, having gone to the University of Tennessee, and Manson trusted him implicitly. Because of Beausoleil's call, Manson and Davis went out to the Hinman residence. Davis held a gun on Hinman, and Manson took a sword and slashed him on the left side of the face, cutting his ear in two and giving a huge gash all the way from his ear down to his mouth. Manson and Davis then left telling Beausoleil to take care of him. He was killed by Beausoleil stabbing him and by Susan Atkins holding the pillow over his face after he had signed over the pink slip of two of his cars, which were not fancy cars, a Renault and an old V.W. van. And then he was left to die. Manson for the murders at the Polanski residence, he was the guiding force in those murders. They had actually had classes at the ranch on how to kill people, that when you stabbed somebody, you just didn't put the knife in, you pulled up on the knife because you could cause more damage. Manson wanted the murders to be gruesome. He didn't even know who lived there. And -- But he knew that somebody probably famous lived there. He and Watson had been there at a party before when Terry Melcher lived there. Terry Melcher is Doris Day's son and was a record producer. Manson wanted to get a record contract. Melcher didn't give him the contract, and so he was mad at Melcher. He knew that Melcher had moved out, but he wanted to send a message to Melcher and his girlfriend Candice Bergen that there for the grace of God -- but for the grace of God go you. And he told Watson he wanted everyone killed at the location and he told the girls he wanted it to the gruesome. He wanted them to leave a sign. Something witchy. The murders were certainly gruesome. The victims were stabbed. Some of them were shot. Frykowski was bludgeoned in addition - - in addition to being stabbed and shot. And Sebring was also hit in the face with a gun butt. The victim suffered 104 stab wounds. Sharon Tate, who was stabbed, was eight and a half months pregnant. She was also hung by Watson on a beam going across the living room. She was hung while she was still alive according to the corner's testimony at trial. Susan Atkins, to leave something witchy, wrote on the front door the word pig in Sharon Tate's blood. She took a towel, dipped it in the blood and wrote the word. Manson was not happy when they got back to the ranch when he heard about the fact that there was a lot of fear and panic and that some of the victims had run, Folger and Frykowski were actually caught and killed out in the front yard. And so he said, even though he wasn't along on the night of the Tate murders that he was going to go along with them on the night -- what became the night of the LaBianca murders, August 10th, 1969, and showed them how to do it. They drove around Los Angeles County for four hours looking at random for people to kill. Manson even had them stop in front of a congregational church in South Pasadena because he wanted to find the minister and kill him, crucify him upside down on the cross in front of the church like Saint Peter had been crucified. But fortunately it was so late at night that the minister wasn't there. They ended up after randomly looking at different places to kill people; they ended up in the house next to the LaBiancas. Manson did get the drop on them, tied them up. He only took one thing from the house. He took Ms. LaBianca's wallet. And the reason he took that was because he later had it planted in what he thought was an area where a lot of blacks live. He wanted a black person to find the wallet, to use the credit cards so that they would get blamed for the murders, and he figured that this would get the whites so riled up that this would start the revolution. He thought that he was planting it in Pacoima. It turned out he was planting it in Sylmar which abuts Pacoima. Pacoima, at that time, was largely populated by blacks. Sylmar was not. And the wallet was found months later when somebody decided to clean the restroom where the wallet had been planted. Actually it was found in December. The LaBiancas suffered 52 stab wounds. The -- Manson directed Watson, Krenwinkle, and Van Houten to go in and do the murders. All of them participated in the murders. Watson, of course, being the lead killer. But it was actually Krenwinkle who carved the word war on Mr. LaBianca's abdomen and Krenwinkle who wrote in blood on the walls "Rise," and above the inside part of the front door "Death to pigs," on the living room wall, "Helter Skelter," which was the name of the gate to the revolution. The revolution was not all Manson's idea. They would -- The family members would sit around on LSD listening to the Beatles white album and they would -- they felt the Beatles were the locust talked about in Revelations 9 of the Bible and they were being released from the bottomless pit and they were sending the message out to the black people to rise up and start this revolution. The last one that Manson was convicted of murdering was a ranch hand at Spahn Ranch named Shorty Shea. Strangely enough, this was a murder that Manson actually physically participated in stabbing Shorty Shea to death. Manson, his chief lieutenant Bruce Davis, Tex Watson, and Steve Grogan all participated in stabbing Shea to death. And the reason for killing Shea, the main reason was because Shea knew that they were up to no good and was conspiring with a neighboring rancher to get them kicked off of Spahn Ranch. And Manson didn't want to get kicked off because this was his powerbase for the revolution. And so Shea was murdered for his efforts. The owner of Spahn ranch was George Spahn, who was 83 years old and blind, and he didn't know what was going on. And Manson had the girls cook for him and everything so he thought this was great. But the neighboring rancher knew that they were up to no good as did Shorty Shea. Very respectfully in the name of the nine victims of Mr. Manson and the others, I would ask you to find him unsuitable for parole and give him a five year denial. Thank you very much.

PRESIDING COMMISSIONER LAWIN: Thank you. Ms. Tate, this is your opportunity to make your statement.

MS. TATE: I'm a little disappointed that Mr. Manson chose not to show up today. However, in order not to waste any time, I also believe that Mr. Manson, for obvious reasons, should be denied parole for five years. I implore you to please give him the five years so that I don't have to come and see you folks again so soon, although I love you dearly. He is totally unsuitable for release into society in my opinion, and I implore you to please keep him in so that society can have peace for at least five more years.

PRESIDING COMMISSIONER LAWIN: Thank you very much. We will now take a recess. We'll call everybody back in when we have a decision.

RECESS

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CALIFORNIA BOARD OF PRISON TERMS DECISION

DEPUTY COMMISSIONER MACKENBERG: We're on record, Commissioner.

PRESIDING COMMISSIONER LAWIN: Thank you. And all parties have returned to the room in the hearing for Charles Manson. The Panel reviewed all information received from the public and relied on the following circumstances in concluding that the prisoner is not suitable for parole and would pose an unreasonable risk of danger to society or threat to public safety if released from prison. The commitment offenses were carried out in an especially cruel and callous manner. There -- Multiple victims were attacked. There were nine murders in total. The offenses were carried out in a manner that demonstrates a callous disregard for human suffering. These innocent victims were bludgeoned. They were stabbed multiple times. Their bodies were mutilated. And the motive for the crime is really inexplicable. The inmate and his crime partners murdered these people apparently -- well, the motive for the crime is inexplicable. There have been various versions from Mr. Manson for the reasons that these crimes occurred. The inmate had a previous record of criminality and misconduct that dated back to his early days as a youth. Actually, he began getting into trouble with burglarizing a grocery store. At least that was his first formal contact with law enforcement. And he then began an escalating pattern of criminal conduct. He went AWOL from penitentiary, a state reform school. He was arrested for stealing an automobile on a couple of different occasions, driving that automobile across state lines. He was ultimately placed in federal prison. Was convicted of forgery, mail theft, interfering with officers, reproducing driver's licenses and ultimately the commitment offenses. Thus he failed to profit from society's previous attempts to correct his criminality and those attempts included juvenile placement, juvenile probation, adult probation, county jail, and a prior prison term. His unstable social history also consisted of drug use. He used LSD, marijuana among many of the drugs. Institutionally, he has programmed in a limited manner while incarcerated. He has failed to upgrade educationally or vocationally as previously recommended by the Board. He has not participated in self-help and he has failed to demonstrate evidence of positive change. His conduct since the last hearing includes a total of 17 new 115s. The most recent just over a year ago, February 15th, 2001, for possession of a weapon. The others included threatening staff, threatening a peace officer, delaying a peace officer, grooming, disrespect, circumventing mail procedures, failure to attend, refusing a cell search, battery on staff, possession of a controlled substance, and trafficking in narcotics. He has a total of 88 115s since his incarceration began. Because he has continued to display negative behavior while incarcerated, he has been placed in special housing throughout the years where program participation has been limited. The psychiatric report dated March 7th, 2002, by Dr. Garrett Essres, E-S-S-R-E-S, is unfavorable. Dr. Essres believes that the inmate is a high risk for violent behavior. The inmate lacks realistic parole plans. He has no parole plans, no place to live and no idea as to what he would do for financial support. The Hearing Panel notes that the Los Angeles County District Attorney's office spoke to the Panel today regarding their opposition to a finding of parole as did the victim next of kin. Additionally, Los Angeles Police Department sent a letter in response to P.C. 3042 notices indicating their opposition to a finding of parole. The counselor for this inmate is C. Nicholls. And Counselor Nicholls believes that the inmate would pose a high and unpredictable risk to the public. The Panel finds that therapy in a controlled setting is needed but motivation and amenability are questionable with Mr. Manson. And in view of his assaultive history, continued negative behavior, and lack of program participation, there's no indication the prisoner would behave differently if paroled. In a separate decision, the Hearing Panel finds the prisoner has been convicted of multiple murders, and it is not reasonable to expect that parole would be granted at a hearing during the next five years. The specific reasons for this five year denial are as follows: First and foremost, the commitment offenses. The murder of nine innocent people carried out in a cruel manner. Several of the victims were essentially mutilated, and the deaths all were carried out in a manner which demonstrates a callous disregard for human suffering. The prisoner has a history of criminality, an extensive history of criminality and misconduct beginning at a very early age, and it included arrests and detentions that placed him in homes, children's homes, detention facilities, county jails as well as federal prison. His criminality and misconduct also included drug use. And the inmate recently committed a serious disciplinary violation, actually 17 since his last hearing. The most recent just a year ago for possession of a weapon. The recent psychiatric report by Dr. Essres is unfavorable and indicates that a -- there is a need for a longer period of observation and treatment. And the prisoner has not completed necessary programming which is essential to his adjustment and needs additional time to gain such programming. He does not participate in any self-help. He participates in nothing that would benefit him. Therefore a longer period of observation is required before the Board should find him suitable for parole. The Panel recommends that Mr. Manson become and remain disciplinary free. That he work toward reducing his custody level so that program opportunities will become more available and, if available, participate in self-help and therapy programming. That concludes the formal reading of this finding. Commissioner, anything you wish to add?

DEPUTY COMMISSIONER MACKENBERG: No, nothing to add.

PRESIDING COMMISSIONER LAWIN: Thank you. We thank you all very much for attending. And that will conclude the hearing at 1:25.

DEPUTY DISTRICT ATTORNEY KAY: Thank you very much.

MS. TATE: Thank you.

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PAROLE DENIED 5 YEARS