California Victim Compensation Board

Open Meeting Minutes

December 20, 2023, Board Meeting

The California Victim Compensation Board (Board) convened its meeting in open session upon the call of the Chair, Gabriel Ravel, General Counsel of the Government Operations Agency, acting for, and in the absence of Amy Tong, Secretary of the Government Operations Agency, at 400 R Street, Room 330, Sacramento, California, on Wednesday, December 20, 2023, at 10:07 a.m.  Also present was Member Evan Johnson, acting for, and in the absence of, Malia Cohen, Controller.  Appearing via Zoom was Member Diana Becton, District Attorney.

Executive Officer Lynda Gledhill, and Chief Counsel Kim Gauthier, attended in person at 400 R Street, Sacramento, California.  Board Liaison, Andrea Burrell, was also present and recorded the meeting.

Item 1. PC 4900 Claim No. 21-ECO-20, Brandon Washington

This presentation was given by Chief Counsel, Kim Gauthier.  Ms. Gauthier gave a brief summary of the Penal Code section 4900 claim filed by Brandon Washington.

On July 21, 2021, Brandon Washington filed an application as an erroneously convicted person with the California Victim Compensation Board.  On November 9, 2023, that application was supplemented. The application is based on his 2013 convictions for assault with a firearm as an aider and abettor, which convictions were vacated in 2020 on direct appeal.  In September of 2023, the court granted a motion for a finding of factual innocence pursuant to subdivision (b) of Penal Code section 1485.55.

As mandated by Penal Code section 1485.55, the proposed decision recommends compensation in the amount of $231,000, which represents $140 per day for each of the 1,650 days Mr. Washington was wrongfully imprisoned.

Mr. Washington has been represented throughout these proceedings by William Wright and the Office of the Attorney General is represented by Deputy Attorney General Dina Petrushenko.

Chairperson Ravel asked that counsel for Mr. Washington address the Board first.

Daniel Repp appeared on behalf of Mr. Washington.  Mr. Repp wanted to thank the Board for considering this matter.  He stated that they agree with the decision and asked the Board to adopt the decision as presented.

Chair Ravel thanked Mr. Repp for appearing before the Board and for his comments and asked if Mr. Washington wanted to address the Board.

Mr. Washington did not address the Board.

Chair Ravel asked if Ms. Petrushenko from the Attorney General’s Office wished to address the Board.

Ms. Petrushenko, who appeared via Zoom, stated she submits on the comments that she previously submitted regarding the amount of compensation due. 

Chairperson Ravel thanked Ms. Petrushenko for appearing before the Board.

Member Johnson moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Brandon Washington.  The motion was seconded by Member Becton.  The motion was approved by a unanimous vote of the Board and the Proposed Decision was adopted.

Item 2. PC 4900 Claim No. 23-ECO-51, Charles Heard

This presentation was given by Chief Counsel, Kim Gauthier.  Ms. Gauthier gave a brief summary of the Penal Code section 4900 claim filed by Charles Heard.

On October 31, 2023, Charles Heard filed an application as an erroneously convicted person with the California Victim Compensation Board.  On November 20, 2023, that application was supplemented.  The application is based on his 2010 convictions for first degree murder and attempted robbery, which were vacated in 2020 pursuant to a Writ of Habeas Corpus.  In March of 2023, the court granted a motion for a finding of factual innocence pursuant to subdivision (b) of Penal Code section 1485.55.

As mandated by the court order and pursuant to Penal Code section 1485.55, the proposed decision recommends compensation in the amount of $229,880, which represents $140 per day for each of the 1,642 days Mr. Heard was wrongfully imprisoned.

Mr. Heard has been represented throughout these proceedings by Mark Vermeulen and the Office of the Attorney General is represented by Deputy Attorney General Dina Petrushenko.

Ms. Gauthier also noted that in the packet of materials sent to the Board members and also posted on the website is the Amended Proposed Decision.  The Proposed Decision was amended following commentary and a response received from Mr. Heard’s counsel and includes clerical errors that were corrected, and other changes requested by Mr. Heard that were made to the extent that the Hearing Officer agreed with them.

Chairperson Ravel asked that counsel for Mr. Heard address the Board first.

Mark Vermeulen stated he submitted the matter to the Board consistent with his earlier submissions. 

Chair Ravel thanked Mr. Vermeulen for appearing before the Board and for his comments and confirmed that Mr. Heard is still in prison.

Mr. Vermeulen confirmed.

Chair Ravel asked if Ms. Petrushenko from the Attorney General’s Office wished to address the Board.

Ms. Petrushenko, who appeared via Zoom, acknowledged that she has reviewed the Proposed Decision, and stated she agrees with the decision regarding the amount of compensation due. 

Chairperson Ravel thanked Ms. Petrushenko for appearing before the Board.

Member Johnson had a question regarding what happens to the funds since Mr. Heard is in federal prison?

Ms. Gauthier stated, pursuant to our standard processing procedure, Mr. Heard’s claim would be submitted to the State Controller’s Office for payment and issued to Mr. Vermeulen.  Mr. Vermeulen would then disperse the funds consistent with his and Mr. Heard’s agreement.

Mr. Vermeulen stated he will deposit the funds into his client’s trust account.

Chair Ravel stated that when you have a claimant that is serving four life sentences, including conspiracy that the original charge that he was found factually innocent on was in furtherance of his other criminal enterprises is troubling to him, but noted that we are required to compensate.

Mr. Vermeulen stated that the conviction in Superior Court was separate and apart from the RICO conviction in the federal case.  Mr. Heard was convicted of a murder that was charged as a single murder and he was wrongfully convicted of that.  The federal RICO case that followed was different.

Chair Ravel stated he understood the conspiracy charge and that the murder of which he was convicted was found to have been an overt act in furtherance of the conspiracy that he was later convicted of.

Mr. Vermeulen disagreed and noted that in federal court the jury does not decide the truth or the falsity of overt acts.

Member Becton moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Charles Heard.  The motion was seconded by Member Johnson.  The motion was approved by a unanimous vote of the Board and the Proposed Decision was adopted.

Item 3. PC 4900 Claim No. 23-ECO-56, Gerardo Cabanillas

This presentation was given by Chief Counsel, Kim Gauthier.  Ms. Gauthier gave a brief summary of the Penal Code section 4900 claim filed by Gerardo Cabanillas.

On November 13, 2023, Gerardo Cabanillas filed an application as an erroneously convicted person with the California Victim Compensation Board.  On November 17 and 21, 2023, the application was supplemented.  That application is based on his 1995 and 1996 convictions for robbery, carjacking, kidnapping, and multiple forcible sexual offenses, which were vacated in 2023 pursuant to a Writ of Habeas Corpus.  In September of 2023, the court granted a motion for a finding of factual innocence pursuant to subdivision (b) of Penal Code section 1485.55.

As mandated by the court order and pursuant to Penal Code section 1485.55, the proposed decision recommends compensation in the amount of $1,447,740, which represents $140 per day for each of the 10,341 days Mr. Cabanillas was wrongfully imprisoned.

Mr. Cabanillas has been represented throughout these proceedings by Jasmin Harris of the Innocence Center and the Office of the Attorney General is represented by Deputy Attorney General Dina Petrushenko.

Chairperson Ravel asked that the representative for Mr. Cabanillas address the Board first.

Jasmin Harris stated Mr. Cabanillas spent over 28 years in prison for crimes he did not commit.  No amount of compensation will give Mr. Cabanillas back the decades that he’s lost, but it’s a start to helping him become whole again. She asked that the Board approve the proposed order.

Chair Ravel thanked Ms. Harris for appearing before the Board and for her comments and asked if Mr. Cabanillas wanted to address the Board.

Mr. Cabanillas did not address the Board.

Chair Ravel asked if Ms. Petrushenko from the Attorney General’s Office wished to address the Board.

Ms. Petrushenko, who appeared via Zoom, acknowledged that there was some discussion after the administrative record closed and before today’s meeting between the parties and the Board about the amount of compensation.  She noted that if the amount of compensation is not an issue that is being contested by Ms. Harris, the Board should approve the Proposed Decision.

Chairperson Ravel thanked Ms. Petrushenko for appearing before the Board.

Chair Ravel noted that the four days between the arrest and the arraignment Mr. Cabanillas was confined based on a pretext.  There was an outstanding traffic warrant, but really, he was arrested because the officer suspected him of having committed the crimes that he was ultimately found not to have committed.  Under those circumstances and under the prevailing statutes and regulations, if not for that pretext, he would not have been incarcerated, and questioned whether he should be compensated for the additional four days.

Ms. Harris stated they believed Mr. Cabanillas should be compensated for those four days.  She explained there is no other place that the traffic warrant is alleged in the various reports that they have.  She submitted the actual arrest record to the Hearing Officer and the paperwork that Mr. Cabanillas signed regarding his Miranda Rights both dated January 20.  Ms. Harris continued stating Detective Valdez testified that he arrested Mr. Cabanillas on the traffic warrant, but there is no proof of that.  Ms. Harris also noted that Mr. Cabanillas did not have a driver’s license at that time.  Finally, she stated Mr. Cabanillas will always remember that he was arrested Friday, January 20, 1995.

Ms. Petrushenko argued that because of Mr. Cabanillas’ age at the time of his arrest, he was unlikely to have understand the particular nuances of which case, which arrest warrant, and which charges he was being detained for.  It was a significant event for him.  Also, she pointed out that it is Mr. Cabanilla’s burden under the regulations of the Board and the statute to prove up the amount of his injury.  Finally, she concluded by reiterating that the Hearing Officer’s decision should be adopted.

Chair Ravel further questioned whether it was because he might not have actually been arrested until the later date or because he was arrested on the earlier date, but it was for a valid charge.

Ms. Petrushenko stated it was for the latter.

Chair Ravel thanked Ms. Petrushenko and Ms. Harris.

Member Becton moved to adopt the Hearing Officer’s Proposed Decision in the Penal Code section 4900 matter of Gerardo Cabanillas.  The motion was seconded by Member Johnson.  The motion was approved by a unanimous vote of the Board and the Proposed Decision was adopted.

Adjournment

Member Becton moved for the adjournment of the December Board meeting.  Member Johnson seconded the motion.  The motion was adopted by a unanimous vote of the Board and the meeting was adjourned at 10:27 a.m.

Next Board Meeting

The next Board meeting is scheduled for Wednesday, January 31, 2024.