Judge Clears Way for Parole of Ex-Black Panther Spain

Former Black Panther Johnny Spain, who has served 21 years for a murder he committed during a Los Angeles street robbery when he was 17, should be paroled immediately, a judge ruled Tuesday.

Los Angeles Superior Court Judge Kathleen Parker said a panel of the state Board of Prison Terms erred last month when it calculated that Spain should not be freed before the spring of 1989.

Parker’s ruling, which brought tears to the eyes of several of Spain’s supporters, means that the 38-year-old former revolutionary could be released on bail as early as today.

Spain was the only person convicted of murder in connection with the 1971 San Quentin Prison riot in which six people died. But the verdict was declared unconstitutional last year by U.S. District Judge Thelton Henderson of San Francisco.

Spain’s attorney, Dennis P. Riordan, said he will go before Henderson today to ask that bail be set for his client.

“He’ll make whatever bail there is,” the attorney said.

Senior Assistant Atty. Gen. John H. Sugiyama said his office may appeal Parker’s order but will not ask that it be stayed.

“There is a strong possibility that within hours after the hearing (today), Spain will be released,” Sugiyama said.

Spain has been serving an indeterminate sentence for the Los Angeles murder. After a 90-minute hearing Tuesday, Judge Parker said the parole panel’s lengthening of Spain’s sentence was improper.

Parole boards have authority to extend the sentences of inmates who violate prison rules. However, Parker, noting that the bulk of Spain’s 21 disciplinary infractions took place before the law took effect, said the law could not be applied retroactively.

The judge said Spain had already been punished for the infractions under a now-defunct law requiring the forfeiture of time off for good behavior. His only disciplinary infraction since then occurred in 1979.

A spokeswoman for the Board of Prison Terms said it would be premature to comment on Parker’s decision.

Although Parker’s ruling represents a significant victory for Spain, it does not mark the conclusion of the criminal proceedings against him.

He could face a new trial in the San Quentin case, which is before the U.S. 9th Circuit Court of Appeals.

Last September, Henderson said Spain was denied a fair trial more than a decade ago because he was shackled with 25 pounds of chains during most of the proceedings.

Henderson subsequently ordered the parole board to ignore Spain’s conviction for the deaths of San Quentin guards Frank DeLeon and Jere Graham in determining Spain’s parole date. Spain was not accused of killing the guards but of participating in the escape attempt by radical inmate leader George Jackson that led to the deaths.

Ruling Appealed

The state attorney general’s office has appealed Henderson’s ruling. Oral arguments before the 9th Circuit are scheduled Monday.

In addition, the 2-1 decision to grant Spain a parole could be overturned by the full nine-member Board of Prison Terms when it meets to review the case March 21. The smaller panel said Spain should be released within two years, with the exact date to be determined by his conduct in prison.

Arguing Tuesday against Spain’s release, Deputy Atty. Gen. Ronald E. Niver asked what would happen if the board decided that a parole should not be granted.

“What is the board to do (if Spain has already been released)?” Niver asked.

“I can’t answer that,” the judge replied. “. . . That’s their problem. Tell them I don’t know the answer.”

Possible Action

Sugiyama said later that if the board decides that Spain should not be granted parole, “an effort would be made to re-imprison” him.

Spain’s case has drawn wide attention because of the unusual degree of support he has attracted from prison guards and psychologists, who say he has been a model prisoner for nearly a decade.

Among the supporters in court Tuesday were the son and daughter of a Los Angeles parole officer assigned to Spain when he was a teen-ager.

“He was the only parolee that my father really loved,” said Carol Arnold, who said she plans to put up her home to help obtain Spain’s release.