Outcry Over Killer’s Parole (Press, 26 April 1983)

William Archie Fain has spent 16 years in prison for murder and rape and was expecting to be released in April 1983 after receiving favourable assessments from the parole board, psychiatrists, and the California Supreme Court. However, California Governor George Deukmejian intervened, citing public outcry against Fain's release. Deukmejian, who was elected on a law-and-order platform, invoked a rare legal provision that enables him to block parole for convicted felons if there is significant public opposition. Fain, 37, was convicted in 1967 for the murder of a 17-year-old and the rape of three women. While he was initially sentenced to death, this was later commuted to a life sentence, and he became eligible for parole in January 1982. Despite receiving denials from prison authorities, Fain's legal team successfully challenged these decisions in court. Just before his scheduled release, Deukmejian set up a two-judge panel of his selection to reassess Fain’s case, both judges having a reputation for supporting harsher penalties. The intervention by Governor Deukmejian created controversy, with some viewing it as an affront to the judicial system. Critics, including dissenting lawmakers, accused him of overstepping his authority and disregarding the rule of law. Fain’s lawyer, Robert Bell, argued that Deukmejian's actions amounted to frontier justice and sought relief from the Supreme Court, claiming that the Governor was acting outside his jurisdiction. The issue became particularly heated in San Francisco, where the local Board of Supervisors and the influential gay community expressed concern about the Governor's motivations. They raised fears about whether similar actions would be taken regarding other high-profile cases, such as that of Dan White, who had killed the city’s Mayor and the first openly gay Supervisor. California's parole system has faced scrutiny in light of Proposition 8, a voter-approved measure that expanded anticrime legislation and had drawn national attention. This proposition includes various reforms aimed at victims' rights and tougher sentencing, contributing to the growing conversation about crime and punishment in America. The public's response has been driven by a broader fear of crime, with notable figures like President Reagan proposing anti-crime packages that echo the sentiments of Proposition 8. Legal experts have pointed out that most released murderers do not reoffend, and the focus on parole is primarily economic due to the significant costs associated with incarceration. Parole serves as a means to alleviate overcrowding in prisons, making it a practical alternative rather than purely a punitive measure or a rehabilitative approach. The situation surrounding Fain's case appears to tap into larger societal debates over crime, justice, and the role of public opinion in judicial decisions, marking a pivotal moment for the Californian legal system and potentially influencing national policies around parole and criminal justice reform.

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