“It was an intensive reexamination,” Wagstaffe stated.
Hensley, who had moved to Virginia however was initially from Los Altos Hills, was arrested on Dec. 20, 1999.
Prosecutors argued that Hensley made romantic overtures to Noble, which have been rejected.
“He made an effort one night time to get romantic together with her, to get bodily together with her. She declined it and he beat her to loss of life,” Wagstaffe stated.
In line with Wagstaffe, the jurors have been most impressed by the testimony of Dana Margulies, Hensley’s ex-fiancée in Virginia. She informed the courtroom that Hensley choked her “nearly to unconsciousness” when she broke up with him, a number of years after Noble’s loss of life.
Her graphic testimony, plus circumstantial proof, clinched a responsible verdict of first-degree homicide and a sentence of 25 years to life. Hensley efficiently appealed and adjusted the conviction to second-degree homicide, with a sentence of 15 years to life.
Hensley appeared to admit duty for Noble’s loss of life in 2016, when he informed a parole board that he hit his roommate with a champagne bottle.
The Thursday parole listening to was attended by Noble’s sister and two brothers, all of whom strongly opposed his launch.
Mike Noble, Kathleen’s twin brother, who didn’t attend the listening to, stated the information was each a “painful shock” however one thing the household additionally anticipated, after attending a number of parole hearings over time.
“It was a chilly case,” he informed KQED. “He had 10 years of freedom. That point must be added onto his sentence.”
Wagstaffe stated the parole board thought of the Youthful Offender Legislation and the Elder Parole Legislation, which permits for early parole consideration for individuals 50 or older who’ve served 20 or extra years of their sentence. The board additionally famous that Hensley had not had any latest rule violations at San Quentin Rehabilitation Middle state jail, in the end discovering him appropriate for launch.
Information launched by the California Division of Corrections and Rehabilitation in 2019 confirmed that folks 55 and older make up about 16% of California’s incarcerated inhabitants.
On common, it prices California a bit of greater than $106,000 per yr to maintain somebody in jail, in response to the state Legislative Analyst’s Workplace. Whereas the company doesn’t monitor bills by age group, the nonpartisan workplace reported that in different states, it could possibly price two to 3 occasions extra to incarcerate an older particular person.
Su Kim, senior coverage supervisor for parole justice nonprofit UnCommon Legislation, stated aged parole has been profitable “in releasing aged individuals who don’t pose a hazard and lowering exorbitant incarceration prices, all with none trade-off in public security.”
Kim cited a CDCR report that confirmed an aged parole recidivism price of simply 2.4%, and fewer than 1% for crimes towards an individual — 20 occasions decrease than the general CDCR recidivism price.
“If parole consideration is anxious primarily with public security,” Kim stated, “then superior age completely must be considered given the indeniable proof that folks age out of crime and violence.”
As a homicide conviction, Hensley’s case should now undergo an administrative overview after which have to be authorized or reversed by Gov. Gavin Newsom, Wagstaffe stated.
Mike Noble and Wagstaffe each stated they might write letters to Newsom to encourage him to reverse the choice.
The hassle, nevertheless, “doesn’t carry Kathleen again,” Noble stated.
KQED’s Sara Hossaini contributed to this report.
