Baby Murderer Granted Early Parole

Herbert Brown beat his two-year-old daughter to death in 2013. He was convicted of murder and sentenced to 15-to-life, of which he has only done 12 years. So why is the Board of Parole Hearings granting him parole?  The San Luis Obispo County District Attorney’s Office has this press release.

“It is shameful for the Parole Board to grant Herbert David Brown III early release from prison,” said District Attorney Dan Dow. “Mr. Brown was convicted of murdering his own 22-month young daughter Lily due to abuse he inflicted upon her while he was using and under the influence of methamphetamine. Brown, who now identifies as a woman and goes by the name ‘Allie Brown,’ was sentenced to serve 15-years-to-life and should have served every day of the 15 years before being considered for possible parole. I ask the Board of Parole Hearings: ‘Where is the justice for Baby Lily?’”

The California Department of Corrections and Rehabilitation claims the power to advance minimum eligible parole dates for good behavior and participation in activities in deems rehabilitative (though it does not appear to have any substantial evidence they actually are). The inconvenient truth that longstanding statutes are contrary doesn’t bother them. They claim that Proposition 57 makes their regulations superior to statutes.

CJLF does not believe that CDCR has this power. The Sacramento Superior Court agreed. See this press release from December 2023. CDCR appealed and asked for a stay. CJLF opposed the stay. Judge Rockwell granted a partial stay, allowing the Board of Parole Hearings to continue holding parole hearings and issuing decisions but forbidding CDCR from releasing the illegally early parolees.

Oral argument on the appeal is May 20.