GOVERNOR NEWSOM’S RULING ON BOBBY BEAUSOLEIL’S PAROLE RECOMMENDATION

Apr. 26 – Robert Beausoleil was a member of Charles Manson’s cult known as “the Family.” In the summer of 1969, the group fervently embraced Mr. Manson’s apocalyptic and brutal worldview. Mr. Manson and his followers believed that a civilization-ending war between the races – known as Helter Skelter – was imminent, and that the Family would emerge from hiding in the desert at the end of the war to take control of the world. Mr. Manson and his followers came to believe that the Family would have to trigger the start of a race war by committing atrocious, high-profile murders of white victims to incite retaliatory violence against black people. See People v. Manson (1976) 61 Cal.App.3d 102, 127-130. The Manson Family’s stated goal was to prepare for Helter Skelter, physically, mentally, and financially.

In July 1969, Mr. Manson and a group of Family members, including Mr. Beausoleil, discussed ways to raise money to relocate their group to the desert. They identified an acquaintance, Gary Alan Hinman, as a potential source of funds. On July 26, 1969, Mr. Beausoleil was seen in the company of Mr. Manson and Bruce Davis. Mr. Beausoleil was carrying a sheathed knife, and Bruce Davis had a 9-millimeter gun. That night, Mr. Davis dropped off three Family members: Mary Brunner, Susan Atkins, and Mr. Beausoleil at Mr. Hinman’s residence. Two days later, the group of three called Mr. Manson from Mr. Hinman’s house and reported that Mr. Hinman “was not cooperating.”

Mr. Manson and Mr. Davis returned to Mr. Hinman’s house. When they arrived, Mr. Hinman had already been struck with a gun; during that struggle the gun had discharged. Mr. Davis took the gun from Mr. Beausoleil and pointed it at Mr. Hinman while Mr. Manson sliced Mr. Hinman’s face open with a sword, cutting from his left ear down to his chin. Mr. Davis and Mr. Manson drove back to the Ranch in Mr. Hinman’s vehicle. Ms. Brunner, Ms. Atkins, and Mr. Beausoleil remained at Mr. Hinman’s house for two more days while Mr. Hinman lay bleeding. Mr. Beausoleil eventually stabbed Mr. Hinman in the chest and smothered him with a pillow, killing him.

Inside the home, using Mr. Hinman’s blood, the group wrote the words “political piggy” and drew an animal paw print on the walls. Mr. Beausoleil fled, but later returned to the house to wipe the paw print off the wall. Mr. Hinman’s badly decomposed body was found on July 31, 1969. Police arrested Mr. Beausoleil in Mr. Hinman’s car on August 6, 1969.

GOVERNING LAW

The question I must answer is whether Mr. Beausoleil will pose a current danger to the public if released from prison. The circumstances of the crime can provide evidence of current dangerousness when the record also establishes that something in the inmate’s pre- or post-incarceration history, or the inmate’s current demeanor and mental state, indicate that the circumstances of the crime remain probative of current dangerousness. (In re Lawrence (2008) 44 Cal. 4th 1181, 1214.) Additionally, I am required to give “great weight to the diminished culpability of youth as compared to adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner” when determining a youthful offender’s suitability for parole. (Pen. Code, § 4801, subd. (c).)

DECISION

I acknowledge that Mr. Beausoleil’s crime was committed when he was 21 years old and that he has since been incarcerated for more than 49 years. I also acknowledge that Mr. Beausoleil has made efforts to improve himself in prison. He has participated in self-help programming, including Alcoholics Anonymous, Anger Management, Parenting, and Effective Communication. He earned a GED, completed two vocational programs, and has received positive ratings from work supervisors.

I carefully examined the record for evidence demonstrating Mr. Beausoleil’s increased maturity and rehabilitation, and gave great weight to all the factors relevant to his diminished culpability as a youthful offender — his immaturity, impetuosity and failure to appreciate risks and consequences — and his other hallmark features of youth. I have also given great weight to his subsequent growth in prison during my consideration of his suitability for parole. However, these factors are outweighed by negative factors that demonstrate he remains unsuitable for parole at this time.

Mr. Beausoleil helped perpetrate the first of the Manson Family’s atrocious, high-profile murders in an attempt to start a civilization-ending race war. Mr. Beausoleil and other Manson family members kept Mr. Hinman hostage and tortured him over several days in an attempt to finance their apocalyptic scheme. When Mr. Hinman refused to cooperate, Mr. Manson sliced Mr. Hinman’s throat and severed his ear, before Mr. Beausoleil stabbed him to death.

The circumstances of this brutal killing are not the only evidence that proves Mr. Beausoleil remains unsuitable for parole. The 2016 psychologist found that Mr. Beausoleil demonstrated only partial insight into the motives behind the crime, noting that he “lacks appreciation for the predatory, antisocial motivations for the crime, especially his willingness to engage in violence in order to achieve a goal.” The psychologist also concluded that Mr. Beausoleil’s lack of insight into his prior substance use makes him vulnerable to relapse and contributes to his risk of future violence. The psychologist noted that Mr. Beausoleil’s prior drug use led to his involvement with the victim, continued into his incarceration, and “caused significant impairment in his overall functioning.” While Mr. Beausoleil has participated in substance abuse programming, the psychologist determined that he “continues to demonstrate limited insight into his substance abuse” and “underestimates the significance of his prior use, as well as the risk of relapse.”

Over the course of his incarceration, Mr. Beausoleil has made admirable efforts at self-improvement. While Mr. Beausoleil reports to have accepted responsibility for his crime, I am troubled by his lack of insight into his underlying motives for committing such extraordinary violence. I am also concerned that Mr. Beausoleil will relapse into substance abuse if released. Given the heinous nature of this crime and Mr. Beausoleil’s limited insight into his violence and substance abuse, I do not believe he can be safely released at this time.

CONCLUSION

I have considered the evidence in the record that is relevant to whether Mr. Beausoleil is currently dangerous. When considered as a whole, I find the evidence shows that he remains an unreasonable danger to society if released from prison. Therefore, I reverse the decision to parole Mr. Beausoleil.

Decision Date: April 26, 2019
GAVIN NEWSOM
Governor of California

Apr. 24 – An appellate court panel today heard arguments regarding Leslie Van Houten’s writ of Habeas Corpus challenging Jerry Brown’s reversal of her September 2017 parole recommendation.

Van Houten’s attorney, Rich Pfeiffer, sought the hearing because he felt Brown’s decision was not well supported and relied on isolated negative factors to conclude that Van Houten posed an unreasonable risk if released. The state’s Attorney General’s office argued in support of Brown, stating Van Houten’s case is a rare instance where the heinousness of the crime continues to offer evidence of her current dangerousness.

According to Pfeiffer, much of the hearing was spent discussing the Tex tapes and whether they should be released. Pfeiffer reasoned that since the basis of Brown’s denial revolved around the commitment offense, it made Charles “Tex” Watson’s 1969 account all that more relevant to Van Houten’s case.

The three judge panel ordered briefs be filed on whether Governor Newsom’s upcoming decision on Van Houten’s 2019 parole recommendation would make this case moot.

The court will have 90 days to make a ruling.

Updated 4/26/19 – Attorney General Letter Brief
Updated 4/27/19 – Van Houten Letter Brief

Mar. 17 – The Attorney General on Friday filed a legal brief with the appellate court in advance of a hearing next month regarding Jerry Brown’s reversal of Leslie Van Houten’s September 2017 parole recommendation.

Van Houten’s attorneys, who are optimistic about her chances of gaining freedom through the courts, filed a 69-page response to the Attorney General filing.

The hearing, which is open to the public, will be held at the Ronald Reagan State Building at 9 a.m. on April 24th.

RE: Leslie Van Houten CDC#-W13378 Parole

Dear Governor Newsom,

My name is Anthony DiMaria, nephew of Jay Sebring who was killed August 8, 1969 at the hands of the Manson clan.

On behalf of all the victims families, I ask that you determine Manson “family” Leslie Van Houten CDC#- W13378 unsuitable for parole for reasons illustrated below.

As Manson “family” killer Leslie Van Houten conspired, targeted, held hostage, butchered, mutilated and terrorized society collectively with her partners in crime- so too our families suffer collective pain and loss resulting from her unspeakable and wanton actions.

I appreciate the opportunity to address statements made at inmate Van Houten’s latest hearing (1/30/2019) regarding minimization, In Re Lawrence, dangerousness to society and suitability.

MINIMIZATION

Ms. Van Houten and her attorney Richard Pfeiffer claim responsibility for her offences yet continually minimize her involvement and role in these crimes blaming cult influence and Manson control. The attorney states, “Without Manson, none of these murders would have happened”(p.122 line 20) and describes the petitioner as “one of the lower players in the Manson cult”(p124 ll. 6-7).

This was no cult. It was a very violent crime organization. In the months leading to Ms. Van Houten’s murders on August 10, 1969 Leslie Van Houten and her accomplices committed extensive crimes involving:
drug trafficking
credit card fraud
grand auto theft
prostitution
pimping
extortion
pedophilia
the torture murder of Gary Hinman
the drug deal burn of Bernard Crowe
the attempted murder of Mr. Crowe after he was shot in the chest
August 8 – the murders of six individuals on Cielo Drive.

To reiterate, this is no “cult”. Leslie Van Houten is no “lower player”. She is a prime criminal and sadistic killer in the Manson family.

Yet in her own words, “I don’t minimize. I feel like if I minimized I would find easy ways to live with the guilt of WHAT HAPPENED because I’m passing the buck onto somebody else so my conscience doesn’t have to deal with it. But that’s who I am and it’s not what I do with my life. Knowing him has never eased the shame and how I attempt to make right WHAT HAPPENED.”(p. 87 ll. 6-13).

WHAT HAPPENED is a helluva way to describe these crimes. At a past hearing on April 14, 2016 the inmate said “I hope you’re not understanding that I know it’s my responsibility that I allowed this to HAPPEN to ME.”(p.65 ll. 22-24)

-Her descriptions as passive participant is a consistent pattern, hearing after hearing, revealing a disconnect and minimization of her actions…even after decades of reflection and rehabilitation.

IN RE LAWRENCE

At the last hearing, Richard Pfeiffer posited “Since Lawrence, there’s been not one single published opinion that has described a crime that is sufficiently bad to deny parole.”(p.122 ll. 14-16)

I submit to you Mr. Governor, that the severe and egregious nature of Leslie Van Houten’s crimes is “sufficiently bad to deny parole.”

Leslie Van Houten committed the organized home invasion of a married couple. The victims were misled to believe it was only a home robbery, and restrained. Then, Leno and Rosemary LaBianca were butchered with a bayonet, carving fork and a butcher knife. The spouses were forced to endure each other’s slaughter. As Leno LaBianca was stabbed repeatedly, Rosemary panicked and struggled. Upon Ms. Van Houten’s demand:

Inmate Van Houten: “I ran to the doorway of the bedroom and I called out ‘We can’t kill her’ and Tex came in.”

Commissioner Ground: ” Now when you said ‘we can’t kill her’, it’s not cause you’re having doubts. You’re basically are saying you need help.”

Inmate Van Houten: “Yes.” (p. 67 ll. 24-25, p. 68 ll. 1-2)

The 3 cohorts stabbed Rosemary LaBianca 41 times. Leno was still alive. After Rosemary was dead, the killers returned to Mr. LaBianca carving tools in hand stabbing him dozens of times finally plunging the instruments to the hilt in Mr. LaBianca’s thorax and abdomen.

WAR XX was carved on his stomach.

Messages in blood were splattered on the walls. Leslie ate from the victim’s refrigerator and adorned herself in Rosemary’s clothes.

Many months free of Manson “control”, Ms. Van Houten spit on the memory of her victims, taunted her victim’s families and terrorized society at large with her horrific behavior during the trial as she sang, giggled and performed for news cameras… for almost a year’s period of time.

Mr. Pfeiffer goes on, “If you’re going to use Ms. Van Houten’s crimes to try to get to this level (Lawrence) that nobody else has gotten to, you have to look at what she did and what her actions were…what Leslie Van Houten actually did.”(p.122 ll.21-25)

Governor Newsom, please look precisely at what Leslie Van Houten actually did.

DANGER TO SOCIETY

It is undeniable that the crimes of Leslie Van Houten and the Manson “family” have dealt profound historical and cultural impact even today. It’s never waned. I point to the endless “family” T Shirts, memorabilia for sale online, books, TV and film projects…LESLIE, MY NAME IS EVIL (2009), for example.

I echo Deputy District Attorney Donna Lebowitz’s statement at the last hearing, “Just recently before the last hearing in 2017, I drove into a commercial parking lot and I saw a man with a tattoo with Charles Manson up his arm. That is the kind of impact these crimes had upon society. You don’t have random people with tattoos of other random inmates on their arms. As the sentencing judge said, ‘This case is a special one. It will burn in the public consciousness for a long period of time.'”(p.121 ll. 17-25)

On May 30, 2003 16-year-old Jason Sweeny was killed by four teenagers, ages 15-17. The weapons used to massacre the young man were a hammer and hatchet.

During the trial, the teenaged killers testified listening to “Helter Skelter” over and over for several hours before committing the murder. “Helter Skelter”. The same words written in blood on a wall at the LaBianca crime scene.

3 of the 4 teenagers were sentenced to life without possibility of parole.

Mr. Pfeiffer shockingly suggests that the societal destruction of his client’s crimes occurred in a vacuum completely void of Charles Manson, “Charles Manson ended that Movement. Leslie Van Houten didn’t.”(p.124 ll.1-2)

Let there be no confusion- there would be no Manson mystique without the horrific behavior of Leslie Van Houten. The “family” killed and terrorized collectively and collectively they share culpability for the societal destruction pervasive today.

The current threat of Leslie Van Houten to society- direct and repercussive – is lethal and corrosive.

SUITABILITY

While Leslie Van Houten and her attorney maintain she has served her time and is a changed person- Leno and Rosemary La Bianca remain unchanged. Unparoled.

They will remain so for eternity. They are just as dead as you read this since the night Leslie Van Houten slaughtered them.

Governor Newsom, please consider parole for Leslie Van Houten- once you’ve paroled Rosemary and Leno LaBianca from their graves.

Sincerely,
Anthony DiMaria

An appellate court judge has granted Leslie Van Houten a hearing regarding her writ of Habeas Corpus challenging Jerry Brown’s reversal of her September 2017 parole recommendation.

Justice Frances Rothschild today ordered the attorney general to come before the court to show cause as to why Van Houten’s petition should not be granted. The hearing will be held in downtown Los Angeles at 9 A.M. on April 24th.

Van Houten’s attorney, Richard Pfeiffer, feels the courts are Van Houten’s best path to freedom.

A parole board found Van Houten suitable for parole in September 2017. Then-Governor Jerry Brown reversed the decision in January of 2018, citing the heinousness of the murders. Brown accused Van Houten of downplaying her role in the murders, saying she attempted to shift blame to Charles Manson.

Pfeiffer filed a writ of Habeas Corpus challenging Brown’s reversal, arguing the decision relied on isolated negative factors to support the conclusion that Leslie Van Houten posed an unreasonable risk if released.

In June of 2018, Superior Court Judge William C. Ryan upheld Brown’s reversal.

“The Governor met all due process requirements, and considered all relevant statutory factors tending to show suitability, including positive psychological reports,” wrote Ryan. “This court is not entitled to reweigh the evidence before the Governor; rather it is tasked with determining whether the record contains some evidence in support of the Governor’s decision. This court finds that it does, and that there is a rational nexus between the evidence in the record and the Governor’s determination of [Van Houten’s] current dangerousness.”

Pfeiffer immediately challenged Ryan’s ruling in California’s 2nd District Court of Appeal.

Van Houten, was sentenced to death in 1971 for her part in the August 10, 1969 murder deaths of Leno and Rosemary LaBianca. The following year, Van Houten saw her sentence commuted to life after the California supreme court outlawed the death penalty, stating it was unconstitutional. In 1976, an appeals court ruled Van Houten was denied a fair trial because her attorney, Ronald Hughes, disappeared while the trial was in progress.

Van Houten was retried in 1977, resulting in a hung jury. She was retried the following year and again convicted, this time sentenced to life with the possibility of parole. Because of time served on her original sentence, Van Houten was already eligible for parole when she returned to prison in August of 1978.

Since then, she has been denied parole 19 times. She has been recommended for parole in her last three consecutive parole hearings. Her 2016 and 2017 parole recommendations were reversed by then-Governor Jerry Brown. Her most recent parole recommendation is still being reviewed by the Board of Parole Hearings and will eventually be reviewed by newly elected Gavin Newsom.

Related
09/06/17 Parole Hearing Transcript
01/19/18 Governor Jerry Brown’s Reversal
06/29/18 Writ of Habeas Corpus
11/05/18 Attorney General Informal Opposition Response