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Thread: Brett Patrick Pensinger - California

  1. #1
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    Brett Patrick Pensinger - California




    Facts of the Crime:

    Brett Patrick Pensinger was convicted of the first-degree murder of Michelle Melander, and the jury found true special circumstance allegations that the August 4, 1981 murder was committed in the course of a kidnapping and that the murder was intentional and involved the infliction of torture. The jury found not true allegations that the murder was committed during the commission of a lewd act on a child under the age of 14 and that the murder was committed in the course of an oral copulation in violation of Penal Code section 288a. Pensinger was also convicted of kidnapping Michelle Melander and Michael Melander, Jr. He was acquitted of committing a lewd act, or oral copulation in violation of Penal Code section 288a, on Michelle Melander.

    Pensinger was sentenced to death in San Bernardino County on September 20, 1982.

  2. #2
    Administrator Moh's Avatar
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    On February 28, 1991, the California Supreme Court affirmed Pensinger's sentence on direct appeal.

    http://scocal.stanford.edu/opinion/p...ensinger-30911

  3. #3
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    November 30, 2012

    Pensinger v. Chappell

    JUDGMENT by Judge Dale S. Fischer: IT IS ORDERED that Petitioner Brett Patrick Pensinger's petition for writ of habeas corpus be CONDITIONALLY GRANTED and that the judgment of conviction on the special circumstance and the sentence of death in the matter of People v. Brett Patrick Pensinger, Case No. SCR 38261 of the California Superior Court of San Bernardino County, be VACATED. IT IS FURTHER ORDERED that the State of California shall, within 120 days from the entry of this Judgment, either grant Petitioner a new trial on the special circumstance allegation, or vacate the special circumstance finding and death sentence and resentence Petitioner in accordance with California law and the United States Constitution. IT IS FURTHER ORDERED that the Clerk of this Court shall immediately notify the Warden of San Quentin Prison of this Court's judgment. (MD JS-6, Case Terminated). (ir)

    http://docs.justia.com/cases/federal...928/54239/266/


    On December 26, 2012, an appeal was filed with the Ninth Circuit.

    http://dockets.justia.com/docket/cir.../ca9/12-99006/

  4. #4
    Administrator Moh's Avatar
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    Oral argument will be heard on October 9, 2014 in Pensinger's case before a Ninth Circuit panel made up of Judges Bea (G.W. Bush), Owens (Obama) and Tallman (Clinton).

    http://www.ca9.uscourts.gov/calendar...2027&year=2014

  5. #5
    Administrator Moh's Avatar
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    Today the US Court of Appeals for the Ninth Circuit AFFIRMED the Federal District Court's decision to vacate Pensinger's death sentence.

    http://cdn.ca9.uscourts.gov/datastor...2/12-99006.pdf

  6. #6
    Administrator Moh's Avatar
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    9th Circuit upholds reversal of death penalty in 1981 case

    PASADENA, Calif. (AP) — The 9th U.S. Circuit Court of Appeals has upheld a district judge's reversal of a death sentence in the 1981 murder of a baby in San Bernardino County because of an error in instructing the jury about so-called special circumstances that enable capital punishment.

    In August 1982, a jury convicted Brett Pensinger of two counts of kidnapping and one count of first-degree murder in the death of 5-month-old Michelle Melander, whose mutilated body was found a year earlier. The jury also found true special circumstances of murder committed in the course of a kidnapping and murder with intent to torture the victim.

    Tuesday's complex ruling involving an omitted jury instruction doesn't affect the convictions.

    Pensinger abducted Michelle and her brother after drinking with their parents in a Parker, Arizona bar.

    http://www.recorderonline.com/news/s...841eab926.html

  7. #7
    Administrator Helen's Avatar
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    California death row inmate dies of natural causes

    By Associated Press

    SAN QUENTIN, Calif. – Authorities say a man who was sent to California's death row for killing and mutilating a 5-month-old girl has died of natural causes.

    State corrections officials say 56-year-old Brett Pensinger died Thursday night at a hospital. The specific cause of his death is pending.

    Pensinger was sentenced to San Quentin's death row in 1982 for killing a 5-month-old San Bernardino County girl. Prosecutors say Pensinger, who was then 19, kidnapped Michelle Melander and her brother, Michael, after drinking with their parents. The infant was killed. Her brother was released unharmed.

    Another death row inmate died last month after being found unresponsive in his cell. Thirty-five-year-old Miguel Magallon was sentenced for killing a Los Angeles County public safety officer during a 2004 robbery.

    California now has 735 prisoners on death row.

    https://www.foxnews.com/us/californi...natural-causes
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  8. #8
    Senior Member Frequent Poster schmutz's Avatar
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    It listed him still as on death row, but I found nothing about the Ninth being over-ruled at SCOTUS regarding the vacating of his sentence. Anyone know different?

  9. #9
    Senior Member CnCP Addict one_two_bomb's Avatar
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    Thankfully he is dead and we don't have to worry about him filing any more appeals. His corpse decomposing will probably be the only useful thing he has ever accomplished in his entire wasteful, disgusting existence.
    Last edited by one_two_bomb; 05-11-2019 at 07:31 AM.

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