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9891 Irvine Center Drive, Ste.

200
Irvine, California 92618
Tel: 949.299.2500
Fax: 949.408.1750

jsmith@mks-law.com

June 11, 2020

SENT VIA CERTIFIED MAIL


AND FAX (916-558-3160)

The Honroable Gavin Newsom


Governor, State of Califronia
1303 10th Street, Suite 1173
Sacramento, CA 92518

RE: Request to Reconsider the Release of Inmate Patricia Wright (W79941)


**URGENT MATTER**

Dear Governor Newsom:

I write on behalf of Chantel Bonet who has tirelessy sought the release of her blind,
elderly, and terminally ill sister from the California Institution for Women (CIW).

Patricia Wright was sentenced in 1998 to life in prison without the possibility of parole.
At the age of 68, Patricia is fighting recurrent Stage III ovarian cancer and has been undergoing
aggressive chemotherapy treatments. Unfortunately, Patricia’s physican states “[t]he prognosis
for her cancer is grave, as this disease is incurable after recurrence.” Back in April 2020, Patricia
was given a life estimate of 6 months.

Ms. Bonet has worked with the CIW medical staff and Patricia’s treating physican to
have her sister released from prison due to her terminal illness and weakened immune system.
As stated by Dr. Kristen Marie Anderson in a letter to your office dated April 17, 2020, she
concludes: “In the setting of the current pandemic of COVID-19, I have concerns that Ms.
Wright will be at a high risk of infection and death if she remains incarcerated during her
treatment. I would support her release from prison if this is possible.”

Dr. Leslie Taylor, the Chief Medical Executive of the CIW, also informs us that Patricia
has many other chronic health problems, including, aomg others, Hypertension, Chronic Kidney
Disease, Hypothyroidism, Asthma, and Gastroesophageal Reflux Disease.

Unfortunately, in response to Dr. Anderson’s April 17th letter, Ms. Kelly Medina with
the California Division of Adult Institutions stated in a letter dated May 21, 2020 that Patricia
was inelgibile for early release because her sentence is Life Without Parol (LWOP).
MK SMITH
Page | 2

The decision to deny Patricia early release because of her LWOP sentence came as quite
a shock. This is because a few weeks earlier your office granted clemency to 26 individuals on
March 27, 2020—including a number of inmates who were also sentenced to LWOP. The
following is a list of LWOP inmates who were released on March 27, 2020:

i. Steven Bradley: Convicted of murdering a gas station attendant with a shotgun


and sentenced to LWOP. Sentence commuted by Governor Newsom on
03/27/20.
ii. Rosemary Dyer: Convicted of murdering her husband and sentenced to
LWOP. Sentence commuted by Governor Newsom on 03/27/20.
iii. Samuel Eldredge: Convicted of murder and sentenced to LWOP. Sentence
commuted by Governor Newsom on 03/27/20.
iv. James Harris: Convicted of murdering two people during a drug-related
kidnapping and sentenced to LWOP. Sentence commuted by Governor Newsom
on 03/27/20.
v. Joann Parks: Convicted of murdering her three young children by setting her
home on fire and sentenced to LWOP. Sentence commuted by Governor
Newsom on 03/27/20.
vi. Ramon Rodriguez: Convicted of paying another to kill a 15-year-old boy and
sentenced to LWOP. Sentence commuted by Governor Newsom on 03/27/20.
vii. Richard Flowers: Convicted of murdering a 78-year-old woman during a robbery
and sentenced to LWOP. Sentence commuted by Governor Newsom on
03/27/20.

I can imagine that Patricia Wright not being on this list was an oversight during this
unprecedented time.

Understandably, Ms. Bonet’s initial concern was that no black LWOP women were
released. Please know it is not my intent with this letter to suggest that your office made
clemency decisions on the basis of race—rather, I think the tragedy that started in Minneapolis
and spread across the world in the past weeks is a reminder (and maybe even a realization for
some) that equal justice and equal representation remains an issue in our country. The feelings
that have recently boiled to the surface make clear that the black community does not feel that
our county’s sordid past is ancient history. Feelings like those felt by Chantel Bonet persist
despite the efforts of leaders like you to reach for equality in our justice system.

Ms. Chantel Bonet now pleads for you to reconsider the decision by your Division of
Adult Institutions to deny early release to her sister Patricia. Patricia has the highest risk of
dying from this horrible COVID-19 virus. One of the few deaths I can think that would be worse
than cancer is to spend my last moments suffocating on a ventilator.

The overlapping factors that make Patricia such a high risk are terrifying to her, to her
sister, and to the 1,100 people who have signed a petition supporting the realease of Patricia due
to the pandemic. I am happy to provide this list of signatures upon your request.
MK SMITH
Page | 3

The Center for Disease Control and Prevention (CDC) website explaints that “[o]lder
adults and people who have severe underlying medical conditions like heart or lung disease or
diabetes seem to be at higher risk for developing more serious complications from COVID-19
illness.” 1 Furthermore, “[c]ancer patients are among those at high risk of serious illness from an
infection because their weakened immune systems are often weakened by cancer and its
treatments.” 2 The CDC has even produced data to “suggest an overrepresentation of blacks
among hospitalized patients.” 3

Patricia Wright falls within all of these “higher risk” populations. She is a black, 68-
year-old woman. She is undergoing chemotherpay treatments to combat Stage III ovarian
cancer. She has other chronic underlying medical conditions such as Hypertension, Chronic
Kidney Disease, Hypothyroidism, Asthma, and other chronic illnesses.

Time is of the essence for Patricia. Not just because she has less than 6 months due to
her inucrable cancer—but because she is the perfect prey for this destructive virus.

The CIW is one of the correctional facilities hit the hardest by the coronavirus. Just
yesterday, an inmate from the CIW died at an outside hospital rom what appear to be
complications related to the virus. 4 The CIW alarmingly has 104 inmates considered actively
positive for the coronavirus. 5

The only real solution to allow for proper “social distancing” in the prisons is to
“decarcerate” as many people as possible. Indeed, a May 28, 2020 publication in The New
England Journal of Medicine entitled “Flattening the Curve for Incarcerated Populations—
Covid-19 in Jails and Prisons” concludes:

Therefore, we believe that we need to prepare now, by


“decarcerating,” or releasing, as many people as possible,
focusing on those who are least likely to commit additional
crimes, but also on the elderly and infirm . . . 6

1
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-adults.html
2
https://www.cancer.org/latest-news/common-questions-about-the-new-coronavirus-outbreak.html
3
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/racial-ethnic-minorities.html
4
https://www.nbclosangeles.com/news/local/1st-female-california-inmate-dies-of-coronavirus-one-of-14/2378827/
5
Ibid.
6
Matthew J. Akiyama, et al., “Flattening the Curve for Incarcerated Populations—Covid-19 in Jails and Prisons,” The
New England Journal of Medicine, May 28, 2020, found at: https://www.nejm.org/doi/full/10.1056/NEJMp2005687
MK SMITH
Page | 4

Patricia Wright is elderly and infirm. She is also not a risk. Although convicted of
killing her husband in 1998—this was back in a time when the expert research and validity of
“Battered Women Syndrome” in criminal cases was still a fledgeling concept.

Even in her last days Patricia still maintains she had nothing to do with the death of her
husband. In 1979, and after years of physical abuse, Patricia’s husband shot her while she was
three months pregnant. She lost the baby. Two years later her husband was killed. It was not
until 16 years later, in 1998, that Patricia would be charged and convicted—notwithstanding the
lack of any physical evidence or eyewitnesses linking her to the crime. A disgruntled family
member came forward claiming that Patricia had confessed to the murder. This alleged
“admission” was the key evidence used by the prosecution—even though this disgruntled
relative later recanted. To make matters worse for Patricia, there was an enhanced sentence due
to the fact that Patricia had two prior non-violent felonies—theft of bath towels and then some
toy cars while she was trying to survive homelessness with her small children in 1989.

The inequities that existed 25-years ago reach much further than the criminal justice
system. Chantel Bonet was fortunate enough to have a big sister growing up who protected her
from the type of environment and influences that can lead one down a path to be victimized and
eventually swallowed up by the criminal justice system. Patricia Wright gave that gift to Chantel
Bonet but was not that fortunate herself.

Whether or not Patricia is innocent, however, will change her current situatoin. She is
now an elderly, legally blind, terminally ill inmate who can’t easily get around in her wheelchair
without assistance. Patricia Wright is no threat.

A spokeswoman for your office, Vicky Waters, said in an email that when you made the
clemency decisions on March 27, 2020, you “also considered the public health impact of each
grant, as well as each inmate’s individual health status and the suitability of their post-release
plans, including housing.”

Consistent with this position by your office, many of us respectfully contend that Patricia
Wright should be released. Not because of her race, but beacause of the public health impact,
her individual health status, and the suitability of her post-release plans.

If released, Patricia will spend her last couple months in Riverside, California with her
little sister Chantel. This will significantly increase Patricia’s chances of escaping death by the
coronavirus. She will most likely be under hospice care and pass before the new year.

*****
MK SMITH
Page | 5

Thank you for your attention to this extremely important and urgent matter. Please
contact me should you have any questions.

Very truly yours,

Jason K. Smith, Esq.

JKS/ln

cc: Ms. Patricia Wright (16756 Chino-Corona Road, Corona, CA 92880)


Ms. Chantel Bonet (chantelbonet@gmail.com)
Mr. Ralph Diaz (c/o opec@cdcr.ca.gov)
Ms. Kelly Medina (c/o DRCR, P. O. Box 942883, Sacramento CA 94283)
Ms. Sara L. Smith (sara.smith@cdcr.ca.gov)

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