Group Advocates Change in Three-Strikes Law

LAGUNA BEACH — As crowds played on the sand, Christy Johnson, Roberta Robles and Hope Nimrod spent Memorial Day at Main Beach in a far more serious quest: trying to amend the three-strikes law.

The three Orange County women, armed with petitions and literature, stopped beach-goers to try to gain public support for a state Senate bill that would limit the three-strikes penalty to third convictions for violent offenses, rather than any felony.

“We’re trying to make people understand that they can make a difference,” said Johnson of San Juan Capistrano.

Johnson’s 38-year-old husband, Dan, was sentenced to 28 years to life for drug possession, a third-strike offense. She said the sentence did not fit the crime and spurred her into an advocacy role.

Johnson and other members of the group Orange County Residents Against Three Strikes are focused on getting SB 1317, sponsored by Sen. Barbara Lee (D-Oakland), passed by the Senate when it comes up for vote on Thursday. If passed, the bill would then go to the Assembly.

“They have 23 yes votes and we need 27,” said Johnson. “We’ve only got until Thursday, and I’m starting to panic.”

Three-strikes legislation was passed by voters in 1994, fueled by outrage after 12-year-old Polly Klaas of Petaluma was abducted and killed by a repeat offender on parole. Johnson said the law is intended for people like Richard Davis, Klaas’ killer, and other dangerous criminals, not for those convicted of nonviolent crimes.

The law mandates a minimum sentence of 25 years to life for third-time felons with at least two prior convictions for crimes ranging from residential burglary to murder. Following a state Supreme Court decision in 1996, judges have the power to ignore a felon’s prior crimes and grant leniency in all three-strikes cases.

“Most people we talk to are under the impression that three-strikes takes away rapists, robbers and murderers, but overwhelmingly it is the minor offenders who are affected,” Johnson said. “Three-strike families are devastated and in excruciating pain.”

Robles of Santa Ana said she is incensed that her husband was given essentially a life sentence for a drug-related offense, while violent criminals are able to get off more lightly if the conviction is not their third.

“Basically, California voters are confused,” said Robles, a paralegal. “They think they voted for one thing, and they got another.”

The women encountered some people Monday who were not sympathetic.

“I don’t agree with you!” one man shouted as he refused to sign a petition, which will be faxed to Orange County senators.

But Johnson said “most people, once they find out what the reality is, they sign.”

Among them was 22-year-old Gem Cameron, a student at Loma Linda University.

“The jails are too full,” Cameron said. “People who don’t commit violent crimes should be in there for a reasonable time but not as long as some of the other people.”

Costa Mesa resident Bud Owen agreed.

“It’s just common sense,” said Owen, 44. “People want violent criminals off the streets. We don’t care about minor drug offenders.”