‘3 Strikes’ May Help Client, Lawyer Says

A three-time convicted robber now facing 10 felony counts of child molestation might get a lighter sentence if convicted under the state’s new “three strikes and you’re out” legislation than under previous laws, the defendant’s attorney said Tuesday.

Deputy Public Defender Neil B. Quinn also acknowledged that his client--40-year-old Henry Diaz--is considering pleading guilty to some of the charges to get the more lenient sentence.

Quinn’s comments came after Diaz’s preliminary hearing was continued to give the defense more time to consider the defendant’s options.

Diaz was charged with 10 counts of felony child molestation after police who raided his Sitka Avenue home said they found him in bed with a 13-year-old girl last month.

Quinn said Diaz could face 41 years if convicted under the law before the “three strikes” legislation was enacted March 7. He could serve as few as 25 years under the new law, Quinn said.

“The new law, if applied in a certain way to this case, could conceivably lead to a lesser sentence than if you applied the old law,” the defense attorney said.

Deputy Dist. Atty. Patrice D. Koenig, who is prosecuting Diaz, refuted Quinn’s interpretation of Diaz’s sentencing option if convicted.

“When you talk about 41 years under the old law, that would be the maximum,” she said. “But he would be eligible for parole much earlier than that.”

In California, state prisoners might serve half their sentence with time off for good behavior. That would mean Diaz would be eligible for parole in about 20 years under the old law.

Quinn said there are many uncertainties with the three-strikes law.

“The law is an absolute morass of conflicting provisions and ambiguous language,” he said.

Diaz’s preliminary hearing was continued until May 12 by Superior Court Judge Charles W. Campbell Jr.