CA 3-Strikes Initiative: Prop 66 -- The Keenan Story

FOR IMMEDIATE RELEASE
October 25, 2004

FOR MORE INFORMATION:
Sam H. Clauder II, 951-653-3500
Mike Kaspar, 949-338-0646

Prop 66 -- The Keenan Story

Sam Clauder, the Political Director of the "Yes On 66" Committee and the
original author and proponent of the initiative to amend California's
three-strikes law, today revealed previously unknown facts about the
criminal case that resulted in funding the initiative and causing two
bereaved mothers to campaign against the proposition.

"If Sherry Souza and Cece Stone had been the kind of mothers they want
us to think they were, their children would not have been riding in
Richard Keenan's car that night, and Richard would not have even been
driving down that road," said Clauder.

Court documents attest to the fact that neither Souza nor Stone gave
their children the attention they needed. Souza's son ran away from home
after being abused by his stepfather, and Stone kicked her daughter out
of the house on numerous occasions.

"Richard Keenan picked those kids up off the street, gave them a place
to live, got them jobs, and was driving them to and from work when the
accident happened. Then, after they died, Richard pled guilty to two
counts of manslaughter to spare Souza and Stone the agony of a trial."

Souza and Stone sued Jerry Keenan's insurance company and accepted a
wrongful death settlement for an undisclosed sum in the high six-figures.

Clauder produced a sworn affidavit to the court, dated April 3, 2001,
filed by Ronald & Paula Woodrum of Placerville, the parents of teenager
Chris Woodrum, who, as a passenger in Keenan's car, suffered a mildly
bruised ankle. The affidavit pled for the court to not press charges
against Keenan for Woodrum's bruised ankle, but the DA ignored it and
convicted him of a felony strike.

The Woodrum affidavit also revealed deficiencies of Souza and Stone as
parents, as well as the charity and goodwill of Richard Keenan in caring
for Souza and Stone's children.

"Richard Keenan is a 'poster-boy' for the injustice perpetuated by the
current three-strikes law," Clauder claimed. "For a mere side-trip on
a country road, that turned into a tragic teenage auto accident, Keenan
pled guilty to two counts of vehicular manslaughter, neither of which
counted as a strike."

Richard Keenan is the son of Jerry and Cynthia Keenan, the Sacramento
insurance brokers who bankrolled Prop 66 with more than a million
dollars to qualify for the ballot. Like Clauder, Joe Klaas, and many
other Californians, the Keenan's supported the original three-strikes
law in 1994 because they believed it would apply only to violent crimes.

"When their son received a strike for one passengers bruised ankle, and
no strikes for the deaths of two other passengers, the Keenan's were
rudely introduced to the tragic injustices that the current
three-strikes law has perpetrated on more than 26,000 non-violent
offenders now serving strike-enhanced sentences in California prisons,"
Clauder stated, "most of whom should qualify for re-sentencing after
Prop 66 passes.

"Keenan's strike is for Woodrum's bruised ankle, even though he did not
want charges to be pressed against Keenan, and for this Keenan must
serve 85% of his sentence before qualifying for parole."

Convictions that do not count as a strike require 50% of time served
before qualifying for parole. "It is precisely this kind of miscarriage
of justice that requires the three strikes law be amended to apply only
to violent crimes," Clauder said.

"Now you have the mothers of these kids who died, Sherry Souza and Cece
Stone, traveling around the state accusing Jerry Keenan of buying a law
to get his son out of prison early. Nothing could be further from the
truth.

"What more do they want? Fame? Fortune? The continual incarceration
of 26,000 non- violent offenders under the nation's most unfair and
unjust three-strikes law? Or do they just want more money from Jerry
Keenan to shut them up?"

"I wrote Prop 66 three years before the Keenan's originally got
involved, and this proposition has never been for sale. In fact,
neither Joe Klaas, nor I, have ever been paid for what we have done on
this initiative during the past five years."

"Souza and Stone have been paid to do this by the California
Correctional Peace Officers Association (CCPOA), the prison guards union
which stands to lose 5,000 jobs, one-sixth of their membership, if Prop
66 passes. The CCPOA is the most corrupt bureaucracy in the state."

Numerous criminal complaints and lawsuits have been filed this year
against prison guards for murder, mayhem, torture, dealing alcohol and
drugs to prisoners, and beating prisoners up on behalf of street gangs
outside of prison.

"Jerry & Cynthia Keenan could have done a lot of other things with their
money if they only intended to benefit their son. Instead, they decided
to give Californians another chance to vote on the three-strikes issue,"
stated Clauder. "Even those who oppose Prop 66 should be thankful to
the Keenan's for giving them the opportunity to vote against it."

Clauder also provided a list of facts about the case compiled by
Keenan's criminal defense attorney, Steven Sanders, of Sacramento. It
demonstrates that Keenan was not driving recklessly, drunk, or under the
influence of marijuana, and that he had not been notified by the DMV at
the time of the accident that his license had been suspended.

By all accounts now, Richard Keenan is a model prisoner. He serves his
sentence in a minimum-security prison near Sacramento where the Warden
and prison guards say he really doesn't belong in prison.

Following is a copy of the Woodrum affidavit, and the facts of the case
provided by Steven Sanders. For more information please contact Sam
Clauder at 951-653-3500, Mike Kaspar at 949-338-0646, Steven Sanders at
916-376-8738, or Paula and Ron Woodrum at 530-626-6380.

=============================================

Affidavit to Judge Ure regarding the sentencing of Richard Keenan,
filed by Ronald and Paula Woodrum, parents of Chris Woodrum, on April 3,
2001

To Whom It May Concern:

We, the parents of Christopher Neil Woodrum, wish to be considered the
following information, which we know to be true, in the case of Richard
Keenan.

We believe the Court may not have been made aware of the fact that
Richard Keenan was asked, according to witnesses, to take Marcia and
Thad home that night because they had no where to go and no money.
Richard could never refuse anyone who needed help and he had provided
shelter for these two kids before. If it wasn't for his kindness and
the unfortunate accident he would not be in this position today.

Marsha and Thad had both been kicked out of their homes. How sad for
the parents of these kids that they had abandoned them and never had
closure before this accident occurred. Sherry, Thad's mother, called
our home after the accident to talk to Chris to thank him for trying to
help Thad at the scene of the accident. In Court, at the sentencing, I
was appalled that Sherry stood up and said the Medics said no one would
have helped Thad with his apparent injuries. Chris told us that when he
was unable to make any progress helping Thad, that Richard took over.

Marsha was kicked out of the house on a number of occasions. She was
raised quite a bit of the time by her Grandparents. To quote a
colleague of CC Stone's, Marsha's Mother, when I told her about the
sentencing trial, said "I listened to the way she treated that girl and
it wasn't good." She went on to say, "CC was never home... I know, I
was out with her many times." And, she concluded with "the only thing
she is suffering from is 150 tons of guilt, and you can take that to the
bank."

We feel the great loss of these parents and we are not denying them
compensation. However, we feel Richard's sentence is far too severe,
when he was put into a circumstance where he was asked to help and could
have denied helping them but it was not in Richard's nature to deny
anyone help.

Therefore, we request again, that Chris Woodrum's injuries are not
considered in the sentencing aspects of this case. In light of what we
know and the overall "flamboyance" of the parents at the sentencing
trial, in denial of their part in this tragedy, we hope that you will
find, considering the quality of the young man before your Court, to
reconsider his placement and his sentence as is possible.

Respectfully submitted,

Ronald James Woodrum
Paula Jacqueline Woodrum
Placerville, California
530-626-6380
==========================
Facts of the Richard Keenan Case
by Attorney Steven Sanders, Sacramento, 916-376-8738

Prop 66 will only affect Keenan's sentence if six events all come to
pass: (1) a writ of habeas corpus is filed, (2) a Judge rules that
Keenan's conviction is no longer a strike, (3) Keenan has been working
in a good-time-credit qualifying job throughout his sentence and (4) he
will continue working in the job until his sentence is served, (5)
Keenan proves his behavior qualifies for good-time-credits and (6) he
maintains 'good' behavior throughout his sentence.

Keenan rarely drank alcohol -- Sworn statement of Aaron Montalbano, page 32.

Keenan's blood alcohol level was estimated by the prosecutor's expert
witness to be within the range of not being legally drunk at the time of
the crash -- Testimony of Jim Beede, Preliminary Hearing Transcript
pages 153-154.

The prosecutor's expert witness would not say that Keenan was under a
combined effect of alcohol and marijuana at the time of the accident --
Testimony of Robert Perkins, Preliminary Hearing Transcript, page 11.

Keenan did not leave the freeway for any reason other than his friend
suggested they do so -- Testimony of Chris Woodrum, Preliminary Hearing
Transcript, pages 133 and 139.

Keenan and his friends routinely took the rural road instead of the
freeway, and this only added about "two minutes" to their trip -- Sworn
statement of Aaron Montalbano, pages 22-23.

Keenan's speed was between 55mph and 75mph at the time of the crash --
Prosecutor Brian Myers, Change of Plea Transcript, page 4.

Neither surviving victim said that Keenan was driving recklessly,
erratically, or irresponsibly -- Testimony of Chris Woodrum,
Preliminary Hearing Transcript, pages 139-142; Sworn statement of Aaron
Montalbano, pages 27-31.

Chris Woodrum received only minor injuries (abrasion and bruise on his
ankle/leg) although the prosecutor claimed he was "seriously injured" --
Declaration of Christopher Woodrum, page 2.

Woodrum asked the court to not punish Keenan in any way for his injuries
-- Sentencing Transcript, pages 5-6; Probation Report, pages 5 and 9.

At the time of the accident, Keenan had no idea his driver's license had
been suspended because he had not received the suspension notice from
the DMV -- Testimony of CHP Officer Jeff Sortomme, Preliminary Hearing
Transcript, pages 46-47.

At the Preliminary Hearing the Magistrate made a factual finding that
the evidence did not support a murder charge and accused the prosecutor
of "grandstanding" for seeking one -- Magistrate John V. Stroud,
Preliminary Hearing Transcript, pages 227-229.

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"Yes On 66" Committee, FPPC ID #1267337
Sam H. Clauder II, Political Director
12865 Main Street, #637, Garden Grove, CA 92840
8-66-4-2-VOTE-66, (951) 653-3500
YesOn66 [at] charter.net