Judge rejects further sentence reduction for San Jose killer formerly on death row

"SAN JOSE - A Santa Clara County judge on Friday rejected a proposed settlement between prosecutors and convicted murderer Erik Chatman that would have given parole eligibility to the man who once faced the death penalty for viciously stabbing Rosellina LoBue at a San Jose photo kiosk in 1987. The deal was meant to resolve habeas corpus and Racial Justice Act petitions Chatman filed this year, alleging his trial was plagued by racial bias and misconduct."

"While neither side disputed that Chatman killed LoBue - with his toddler son in tow - prosecutors moved to settle the case by petitioning the Superior Court to drop a special circumstance allegation of torture Chatman was convicted of in 1993. Under the agreement, Chatman, who was taken off death row last year as part of a landmark resentencing initiative by District Attorney Jeff Rosen, would have been resentenced to 25-years-to-life and made parole eligible."

"LoBue's surviving siblings balked at the proposal, saying they were assured last year by Rosen that taking Chatman off death row would still end with him dying in prison. After a Friday court hearing, in which Judge Eric Geffon said approving the agreement exceeded his authority under a 2022 law change, Tony LoBue and his sister Marie audibly exhaled. "We feel that finally, the wheels of justice are starting to turn in our favor," Tony LoBue said outside the courtroom. "I know this isn't over. We will be fighting every step of the way.""

A Santa Clara County judge rejected a proposed settlement that would have given convicted murderer Erik Chatman parole eligibility after removing a torture special-circumstance conviction. Chatman filed habeas corpus and Racial Justice Act petitions alleging racial bias, ineffective counsel and trial misconduct. Prosecutors sought to resolve the petitions by asking the court to drop the torture special circumstance so Chatman could be resentenced to 25-years-to-life. LoBue's surviving siblings opposed the deal, citing assurances that Chatman would die in prison. Judge Eric Geffon ruled approving the agreement exceeded his authority under a 2022 law change.

Read at The Mercury News