In re Shigemura

210 Cal. App. 4th 440, 148 Cal. Rptr. 3d 230, 2012 Cal. App. LEXIS 1102
CourtCalifornia Court of Appeal
DecidedSeptember 27, 2012
DocketNo. D060974
StatusPublished
Cited by11 cases

This text of 210 Cal. App. 4th 440 (In re Shigemura) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Shigemura, 210 Cal. App. 4th 440, 148 Cal. Rptr. 3d 230, 2012 Cal. App. LEXIS 1102 (Cal. Ct. App. 2012).

Opinion

Opinion

BENKE, Acting P. J.

In this case the Board of Parole Hearings (the board) denied an inmate’s application for a parole date and she challenged the denial by way of a petition for a writ of habeas corpus, which the trial court granted. The warden of the prison where the inmate is incarcerated filed a timely notice of appeal.1 We reverse.

[444]*444The board denied the inmate a parole date principally on the grounds the inmate had not adequately demonstrated insight into the reasons she participated in the brutal strangulation and bludgeoning of the victim, who had been a friend of both the inmate and the other two participants in the victim’s murder. We believe the record, considered in the light of the deference courts must accord decisions of the board, fully supports the board’s decision.

The murder occurred after the inmate’s former boyfriend lured the victim into a car the inmate was driving and strangled the victim while the inmate kept driving. The murder took place because the inmate’s former boyfriend believed that murdering the victim was the only means of protecting himself, his current girlfriend and the inmate from a methamphetamine dealer who had frightened them and who they also planned to murder.

In light of the murderers’ paranoid and delusional belief system and its obvious power over the murderers, the board could reasonably conclude that, in making statements to the effect she simply should have said “no” to her former boyfriend while the murder was taking place, the inmate had no realistic appreciation of her own active role in the murder and the powerful psychological forces acting upon her and the other participants at the time of the life crime. That lack of insight in turn supports the board’s ultimate conclusion that the inmate remains a risk to public safety.

Accordingly, we must reverse the order granting the inmate’s petition and direct the trial court to enter a new order denying the petition.

FACTUAL AND PROCEDURAL BACKGROUND2

1. Inmate’s Background

Petitioner Denise Shigemura was 22 years old at the time of the life crime, which occurred on May 15, 1991. Shigemura’s life up to that point in time had, in many respects, been difficult. As Shigemura freely admits, many of the difficulties she faced were of her own making.

Shigemura was the second of three children born to a father of Japanese ancestry and a Caucasian mother. Shigemura reported that although she was not physically abused, her father was an alcoholic and her father’s family had little respect for her Caucasian mother, whom they treated as a slave.

Although Shigemura’s siblings were successful in school, she left high school at 15, when she gave birth to her first daughter. Shigemura passed the [445]*445general educational development test at 17 and joined the Navy, where she was trained as a paramedic. While she was in the Navy, Shigemura married another member of the Navy and had a second daughter. However, Shigemura’s husband began physically abusing her and as their relationship deteriorated, she began using methamphetamine.

In 1990, during one altercation between Shigemura and her husband, a neighbor and acquaintance, Robert Jurado, intervened to protect Shigemura and compel Shigemura’s husband to leave the scene of the altercation. Shigemura and her husband separated and later divorced and Shigemura began a romantic relationship with Jurado. Although Jurado had an ongoing relationship with a then 16-year-old girl, Anna Humiston, Shigemura and Humiston each accepted Jurado’s relationship with the other and considered themselves sisters.

After her separation from her husband, Shigemura was honorably discharged from the Navy. However, Shigemura was not eligible for reenlistment.

Jurado was a methamphetamine user and distributor and Shigemura and Humiston were both using methamphetamine at the time of their respective relationships with Jurado. While involved with Jurado and after she separated from her husband, Shigemura left her two small children in the care of her former in-laws, who resided in the state of New York.

In late 1990 Shigemura was arrested at a naval base in San Diego after methamphetamine and firearms were discovered in a vehicle she attempted to drive onto the base. Shigemura was convicted of drug possession and served seven months at the San Diego Metropolitan Correctional Center (MCC).

In the spring of 1991 Shigemura was released from MCC to a local halfway house and began a full-time job. Shigemura planned to transition from the halfway house to a home with two friends, Brian Johnsen and his girlfriend Theresa Holloway, the victim of the life crime. Holloway and Johnsen were also friends of Jurado and Humiston.

Shigemura has consistently stated that by the time she left MCC in the spring of 1991 her romantic relationship with Jurado had ended, she was no longer using methamphetamine and she was determined to remain drug free. However, on weekends, when she was permitted to leave the halfway house, Shigemura stayed at Johnsen’s house and continued to associate with Jurado and Humiston.

[446]*4462. Life Crime

A. Motivating Events ■

On a weekend in May 1991, while Shigemura was staying at Johnsen’s home, another methamphetamine user and distributor, Douglas Mynett, came to Johnsen’s home, woke Shigemura up and accused her of taking money he had left in a bedroom. Mynett had a reputation for violence and his accusation frightened Shigemura. Mynett was known to sell drugs to Hells Angels and previously Mynett had kidnapped Jurado and held him for ransom because of money Jurado owed Mynett. Shigemura told Mynett she did not take his money and went back to sleep. When she woke up she discovered Mynett had taken her purse. .

Shortly after discovering the theft, Shigemura received a telephone call from someone looking for Mynett. The caller told Shigemura Mynett owed the caller money. This call sent Shigemura into a panic. By her own account, Shigemura concluded the person or persons to whom Mynett owed money would come after her, Jurado and Humiston because she believed Mynett would tell them Shigemura and the others had taken his money. Johnsen, who was in jail on a driving under the influence charge, called Shigemura who related what had happened. Johnsen in turn contacted Jurado and told him to pick up Shigemura.

Jurado came to Johnsen’s house, picked up Shigemura and took her to their friend Mark Schmidt’s house. Shigemura told Jurado what had happened and Jurado told Shigemura he owed Mynett money and he too was very concerned about what Mynett would do to them and their families. Jurado and Shigemura became convinced they had to kill Mynett. They had a three-way conversation with Johnsen in which they agreed on a plan to kill Mynett.

Holloway was present at Schmidt’s house along with Humiston. Jurado and Shigemura did not disclose to Holloway the plan to kill Mynett, because they believed Holloway would “snitch” them off to Mynett. Holloway, however, was very curious about what was going on and asked Jurado, Shigemura and Humiston a lot of questions about Mynett.

The following day, Shigemura, Jurado, Humiston and Holloway were once again at Schmidt’s house and Johnsen again called from jail.

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Cite This Page — Counsel Stack

Bluebook (online)
210 Cal. App. 4th 440, 148 Cal. Rptr. 3d 230, 2012 Cal. App. LEXIS 1102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shigemura-calctapp-2012.