Supervising Jurist Assigns Himself to Parole Case

By CAITLIN LIU

March 28, 2001 12 AM PT

TIMES STAFF WRITER

After bouncing from courtroom to courtroom, the parole case of convicted killer Robert Rosenkrantz finally found a home after Van Nuys Superior Court’s Supervising Judge Paul Gutman assigned it to himself Tuesday.

“The People of California and Mr. Rosenkrantz deserve to have a judge as soon as possible, and I’m a judge,” Gutman said. “I have a black robe like other judges.”

Rosenkrantz, 33, is serving time for the 1985 fatal shooting of a fellow Calabasas student who exposed Rosenkrantz as gay. Rosenkrantz was convicted of second-degree murder and sentenced to 17 years to life in prison.

Parole advocates have sought to make Rosenkrantz into a test case of Gov. Gray Davis’ firm stand against paroling convicted killers.

Van Nuys Superior Court Judge Kathryne Stoltz has twice ordered the release of Rosenkrantz, but his parole was blocked by Davis. The state attorney general’s office disqualified her from hearing a lawsuit filed by Rosenkrantz against the governor, arguing that the judge was biased.

On Monday, Gutman assigned the politically charged case to Judge Michelle Rosenblatt, but she recused herself. “I know Judge Stoltz and have discussed the case with her many times,” Rosenblatt said, in a court document.

Rosenblatt was a deputy district attorney in Van Nuys when the case was prosecuted and knew the prosecutor, Larry Diamond, she said.

Gutman then assigned the case to Judge Leland B. Harris, who also recused himself. Harris said he knew both Diamond and Rosenkrantz’s father, Herbert Rosenkrantz, a prominent attorney in Calabasas, where Harris chairs the city’s police commission.

Gutman then tried to assign the case to another judge, but learned his assignment to Van Nuys was expected to end before the case would be resolved. Finally, he took the job himself.

“This is not your typical run-of-the-mill case,” said state Deputy Atty. Gen. Robert D. Wilson.

Rosenkrantz’s attorney, Rowan Klein, said, “I’m pleased the case is going forward . . . so my client can be released from prison.”