Seeking Commutation

SUPPORT NCIP'S COMMUTATION RELIEF EFFORTS

In addition to the commutation applications submitted to California Governor Newsom on behalf of innocent clients currently incarcerated, NCIP has submitted an application for posthumous pardon on behalf of David Losoya. Learn more about the cases below and contact Governor Newsom and tell him to pardon David Losoya and free NCIP’s innocent clients from prison today!

David Losoya, deceased

David Losoya was wrongfully convicted in 1978 of murder committed during a Nuestra Familia (NF) related robbery. He spent 37 years in prison, mostly in solitary confinement until he died of Valley Fever in June 2015. At the time of Mr. Losoya’s sudden, preventable death, NCIP was just weeks away from filing a challenge to his conviction.

  • PROOF OF INNOCENCE: Based on its own investigation, the FBI had known since 1978 that David did not participate in the robbery/murder and the only evidence against David was an unreliable, hypnosis-produced identification.
  • TREATMENT IN PRISON: David spent all but two and half years of his 37 years in prison in solitary confinement, where he lapsed in and out of psychosis due to this confinement. Due to inadequate prison policies and medical care, David died of Valley Fever in 2015.

A pardon would serve to right the wrongs of David’s wrongful conviction, confinement to solitary, and preventable death. David’s conviction was a result of unreliable evidence and suggestive police procedures. His confinement in solitary was due in part to prejudice and his death was the result of a disease improperly handled by prison officials. Police misconduct and racism in our criminal justice system and the failure to provide adequate healthcare is glaring in California’s corrections system.  A pardon for David would demonstrate California’s willingness to acknowledge and make reparation for past mistakes and contribute to an ongoing commitment to working towards a more equitable justice system.

Kevin Harper, incarcerated

Kevin Harper has served nearly 12 years for a murder he did not commit.

  • PROOF OF INNOCENCE:  After the tragic death of his infant son, who was born 13 weeks premature, Kevin was convicted of involuntary manslaughter and child abuse. This conviction was based on medical testimony of Shaken Baby Syndrome (“SBS”), a diagnosis that is now considered both controversial and unreliable. The singular focus on SBS resulted in the failure to recognize the other medical conditions that likely caused his son’s death.
  • ACHIEVEMENTS: ​Kevin does not have a single disciplinary action, earned his associate’s degree in business, and is taking classes to earn his bachelor’s degree. Kevin has participated in numerous self-development programs and was instrumental in raising money for local cancer research programs. Kevin’s successful participation earned him a role as a program facilitator, and prison staff have referred to Kevin as a standout inmate and peer motivator.
  • RELEASE PLAN:​ Kevin will live with his mother upon his release and looks forward to reuniting with his teenage daughter.

Juan Bautista

Juan Bautista has served over 10 years for an attempted murder he did not commit.

  • PROOF OF INNOCENCE:Juan’s brother (near-twin in appearance) has admitted repeatedly that he, not Juan, committed the offense. This evidence is corroborated by the brother’s polygraph examination and a companion of the shooter who was not previously identified.
  • ACHIEVEMENTS:Juan is working towards a degree in psychology. His habeas petition is pending in court.
  • RELEASE PLAN:Upon release, Juan will live with his wife and young daughter and already has a viable job offer. Juan will continue to pursue his college degree in psychology and wants to learn American Sign Language because he is losing his hearing and would like to work as a translator.