SLO judge sides with Jerry Brown in parole dispute

June 4, 2015
Gov. Jerry Brown

Gov. Jerry Brown

A San Luis Obispo Judge ruled that Governor Jerry Brown exercised legitimate authority when he overturned a decision to parole a 23-year-old San Luis Obispo man, who at 13 used a skateboard to beat an 87-year-old man to death. [Tribune]

In 2005, Robert Holguin broke into 87-year-old Gerald O’Malley’s trailer, beat him to death and then drove off in the victim’s car. Following his murder conviction, Holguin was sent to a youth correctional center and later transferred to Patton State Hospital.

In March 2014, the California Juvenile Parole Review Board found that Holguin no longer posed a threat to society and voted unanimously for his release. But, Brown vetoed the parole decision after state and federal investigators said Holugin hacked into a state-owned computer and sent a threatening email to the governor.

“i feel you should really eat my dick and eat it over and over again you better hope i never see you i will shoot you with a real gun and my cock. have a nice day and god bless,” Holguin allegedly wrote.

Last month, an attorney with the nonprofit Prison Law Office in Berkeley argued before San Luis Obispo Judge Linda Hurst that Brown’s authority to reverse parole decisions does not apply to minors. A deputy attorney general, who represented Brown at the hearing, argued that Proposition 89, which voters passed in 1988, gives the governor broad authority to reverse parole rulings.

In a ruling filed two weeks ago, Hurst stated Proposition 89 did give the governor the power to reverse parole decisions. Hurst cited a ballot pamphlet that she wrote for the Legislative Analyst’s Office prior to the 1988 election.

Hurst wrote in last month’s ruling that there was no doubt the ballot pamphlet informed voters that the proposition would give the governor the power to reverse parole rulings.

Additionally, Hurst wrote in the ruling that Brown was free to conclude Holguin posed a threat to society and the governor had reason to believe so. Hurst’s ruling is likely to be appealed.

Holguin can only remain in the custody of California’s juvenile system until he turns 25. Haloguin turns 25 in Dec. 2016.



  1. ironyman2000 says:

    Once again Brown has made the right decision.

    (4) 14 Total Votes - 9 up - 5 down
    • Rich in MB says:

      Lets not get carried away…even a blind squirrel finds a nut now and again.

      (3) 17 Total Votes - 10 up - 7 down
  2. agag1 says:

    I am grateful for our little 18 month reprieve from Holguin’s presence in our midst.

    (20) 20 Total Votes - 20 up - 0 down
    • pasoparent5 says:

      Absolutely, but sadly this violent punk will probably offend again…maybe even kill another helpless person.
      Anyone who murders a child or a poor elderly man should get the death penalty. And too bad that after he’s released from the juvenile system won’t at least get a life sentence.

      (15) 21 Total Votes - 18 up - 3 down
      • r0y says:

        No one should ever get the death penalty. Ever. A life at hard labor, a terrible existence, a miserable life: YES. Death? No.

        (-5) 5 Total Votes - 0 up - 5 down
        • zaphod says:

          many years of hard labor was the penalty for being queer in Great Britain.

          (0) 0 Total Votes - 0 up - 0 down
  3. unlisted says:

    On the other hand, we’re just delaying the inevitable. No matter what happens on appeal, Holguin will be out in less than 18 months. He will likely kill AGAIN and eventually he will either be back in prison or in ASH.

    (14) 20 Total Votes - 17 up - 3 down
  4. Rich in MB says:

    Isn’t the scandal that the Parole Board would EVER let this dirt bag out?
    Jerry Brown saved us on this one…..give him credit!

    (45) 53 Total Votes - 49 up - 4 down
  5. Cindy says:

    After reading the except from this murderers e-mail, I’d say he is extremely, hostile, non repentant and just itching to exact revenge on society. This gut is a full on dangerous sociopath. The parole board sure got the wool pulled over their eyes on this one, geeez. Just look at what he was thinking about doing when he knew that he was finally going to get out..At best he is mentally ill for sure but either way, he is dangerous.

    What a crack up (or is it a blessing) that this nut job picked the one person who could keep him locked up to send that ridiculous e-mail to.

    (35) 35 Total Votes - 35 up - 0 down
  6. BeenThereDoneThat says:

    I don’t agree with Brown on a lot of things but on this one he got it right!!!!

    (40) 42 Total Votes - 41 up - 1 down
    • Cindy says:

      no kidding.. I wonder if Brown would have done the same thing if that e-mail had been directed at someone else?

      (16) 42 Total Votes - 29 up - 13 down
      • ToHellinaHandBasket says:

        @ Cindy,


        Holquin would be set free.

        Politician’s matter. Regular folk, not so much.

        (5) 21 Total Votes - 13 up - 8 down

Comments are closed.