Sentence Overturned For Chino Prison Guard
A federal appeals court panel has overturned the sentence of a former guard convicted of abusing two shackled inmates at Chino Institute for Men.
A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled Thursday that 42-year-old Robert McGowan was deprived of due process when a judge relied on an inmate's allegations as the basis for the four-y...ear sentence imposed.
McGowan has served 19 months.
A jury in October 2007 found McGowan guilty of inflicting cruel and unusual punishment by throwing two shackled inmates to the ground, but a month later the verdict was overturned.
The appeals panel found there was enough evidence for the jury to conclude that McGowan attacked the prisoners in 2002 and had intended to harm them.
The appeals panel ordered a re-sentencing for McGowan.
I never stopped believing, I can't imagine how Lorraine must feel right now!! We all at CIM love you guys, hope to see you soon!!!!!!!!!!!!!
ReplyDeleteFinally some justice!!!
ReplyDeleteJanuary 26, 2012
ReplyDeleteFLASH (From CCPOA)
The Ninth Circuit Court of Appeal ruled at 8:20 this morning (you can read decision here) in the
case of Rob McGowan. While the decision is quite complicated, and doesn’t free Rob
immediately, it is an incredible victory, and presents the opportunity to get Rob home in the near
future.
In a nutshell, the Court denied Rob’s appeal on the conviction, saying the appeal should be
brought as an ineffective assistance of counsel claim under 28 U.S.C. § 2255 before the trial
court on remand.
The Court also held that Rob’s Due Process had been violated when the District Court which
sentenced him relied on unreliable, unsubstantiated allegations in imposing his sentence.
Therefore, the Court vacated Rob’s sentence and reassigned a new judge reasoning Judge
Wright’s “substantial difficulty in putting out of his . . . mind previously-expressed
views….could undermine the appearance of justice in these proceedings.”
So, at the moment Rob is not under any sentence. The Ninth Circuit Court did not grant bail, but
said a bail motion should be brought before the new District Court judge. Given that Rob was
out pending sentencing before, we are hopeful that he will be released soon.