Lollis, D96128, 2019-06-13

SUBSEQUENT PAROLE CONSIDERATION HEARING
STATE OF CALIFORNIA
BOARD OF PAROLE HEARINGS
In the matter of the Life ) CDC Number: D-96128

Term Parole Consideration )
Hearing of: )
)
KEITH LOLLIS )
)
DEUEL VOCATIONAL INSTITUTION
TRACY, CALIFORNIA
JUNE 13, 2019
9:00 A.M.
PANEL PRESENT:
NEIL SCHNEIDER, Presiding Commissioner

NINA STARR, Deputy Commissioner
OTHERS PRESENT:
MIA EMIG, Attorney for Inmate
CORRECTIONS TO THE DECISION HAVE BEEN MADE
No See Review of Hearing

Yes Transcript Memorandum
GINA L. JUDD, Transcriber, DE

2
I N D E X
Page
Proceedings......................................... 3
Case Factors........................................ --
Pre-Commitment Factors.............................. --
Post-Commitment Factors............................. --
Parole Plans........................................ --
Closing Statements.................................. --
Recess.............................................. --
Decision............................................ --
Adjournment......................................... 06
Transcript Certification............................ 07
Dictate Express
3
1 P R O C E E D I N G S
2 DEPUTY COMMISSIONER STARR: Okay, we’re on the
3 record now.
4 PRESIDING COMMISSIONER SCHNEIDER: All right good
5 morning. Today's date is June 13th, of 2019. The time
6 is approximately 9:00 a.m. This is the Third Subsequent
7 Parole Suitability Hearing for Mr. Keith Lollis.
8 Actually, this is not a hearing, uh, we're going to
9 postpone his Third Subsequent Parole Suitability
10 Hearing. Mr. Lollis is not present in the BPH Hearing
11 Room today at Deuel Vocational Institute, Tracy. Uh,
12 the Panel notes that Mr. Lollis was received, uh, on,
13 uh, September 19th of 1988 from Alameda County. Uh, the
14 controlling offense, in this case, is PC187, murder in
15 the first degree arising from a conviction in Case
16 Number 93172 and resulting in a sentence of 25 years to
17 life. Uh, the minimum eligible parole date for Mr.
18 Lollis is February 10th of 2008. He is also a youthful
19 offender. The youthful offender parole eligibility date
20 is February 18th of 2012, and the elderly parole
21 eligibility date is May 1st of 2026. Although it is a
22 postponed hearing because he's not present, uh, the
23 Panel is very well aware that he is a youthful offender
24 and I will read the following. Uh, when a prisoner has
25 committed his or her controlling offense as defined in
Dictate Express
4
1 Sub Division (a) of Penal Code Section 3051, prior to
2 attaining 26 years of age the Board shall give great
3 weight to the diminished culpability of juveniles as
4 compared to adults, the hallmark features of youth, and
5 any subsequent growth and maturity in the prisoner when
6 reviewing suitability for parole pursuant to Penal Code
7 3041.5. This hearing is being audio recorded so for the
8 purpose of voice identification; everyone present is
9 asked to state their full name and spell their last
10 name. I will go first and continue to my right. Neil
11 Schneider, S-C-H-N-E-I-D-E-R, Commissioner, Board of
12 Parole Hearings.
13 DEPUTY COMMISSIONER STARR: Nina Starr, S-T
14 excuse me - A-R-R, Deputy Commissioner, Board of Parole
15 Hearings.
16 ATTORNEY EMIG: Good morning I'm Attorney Mia
17 Emig, E-M-I-G. I am state-appointed Counsel for Mr.
18 Lollis.
19 PRESIDING COMMISSIONER SCHNEIDER: Okay Ms. Emig
20 at this time can you tell us why we are postponing this
21 hearing?
22 ATTORNEY EMIG: Yes, absolutely. Um, so a little
23 background before I get to that. Um, I met initially
24 with Mr. Lollis, L-O-L-L-I-S, on the 22nd of March here
25 at DVI, uh, during that interview, um, I did do an ADA
Dictate Express
5
1 Review with him, he had a cane, he had glasses for both
2 reading and seeing, he indicated that he was CCCMS with
3 medication, uh he was coming off of a five year denial
4 and that he had gotten a 115 a year ago, um, he had
5 indicated to me at that point that he wanted to go to
6 the Board, uh, to this hearing. He indicated he had
7 some memory issues as well and then also indicated that
8 he had a petition before the Superior Court of Alameda
9 County for the resentencing under the, uh, the, um,
10 felony murder rule accomplice liability, uh, 1437, um,
11 Senate Bill. Um, then, when I came into DVI on Tuesday
12 morning, uh, there was an indication from the officer
13 that Mr. Lollis was out to court. I had already spoken
14 to -- I'd already texted with, uh, Assistant District
15 Attorney Jill Klinge indicating to her that we may be
16 starting the Lollis hearing early or in the 10:30 a.m.
17 start time because I had anticipated a five-year
18 stipulation with my first client this morning. Um, at
19 that time after I left DVI I had made a phone call or a
20 text message to ADA Klinge, indicating that he was out
21 to court, uh, she had immediately called me we had a
22 conversation indicating that she was going to see if she
23 could, uh, converse with the judge and have the judge
24 order him back to, uh, DVI in order for him to
25 participate in the hearing. She was planning on being
Dictate Express
6
1 present at this hearing as well, uh, then she spoke to
2 the Public Defender's Office and the Public Defenders
3 Office did confirm that he is going to be resentenced
4 tomorrow which is the 14th and that under the Senate
5 Bill and that he would be released. So, at that time,
6 we had made arrangements to postpone this pending this
7 release, and then I came in and indicated that to you,
8 um, I think it was -- well certainly this morning, and
9 that is everything that I know.
10 PRESIDING COMMISSIONER SCHNEIDER: I think that
11 is a very thorough covering of it. I don't need to
12 editorialize or say anything else except for the fact
13 that it is apparent he may no longer be in the
14 jurisdiction of the Board of Parole Hearings. But for
15 now, we will postpone this because our inmate is not
16 present and he is at court, in all likelihood being
17 resentenced today. Um, so with that we will complete
18 our software indicated as such in, uh, BITS entry and
19 we, uh, adjourn this hearing. Time is now, uh, 9:07
20 a.m.
21 R E C E S S
22 --oOo--
23
24 A D J O U R N M E N T
25 KEITH LOLLIS D-96128 6/13/2019
Dictate Express
7
CERTIFICATE AND
DECLARATION OF TRANSCRIBER
I, GINA L. JUDD, as the Official Transcriber,
hereby certify that the attached proceedings:
In the matter of the Life ) CDC Number: D-96128

Term Parole Consideration )
Hearing of: )
)
KEITH LOLLIS )
)
DEUEL VOCATIONAL INSTITUTION
TRACY, CALIFORNIA
JUNE 13, 2019
9:00 A.M.
were held as herein appears. Further, this transcript
is a true, complete, and accurate record, to the best of
my ability, of the recorded material provided for
transcription.
Gina L. Judd
June 23, 2019
Dictate Express
Copyright 2019/All Rights Reserved by BPH
Dictate Express

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SUBSEQUENT PAROLE CONSIDERATION HEARING

BOARD OF PAROLE HEARINGS

In the matter of the Life ) CDC Number: D-96128

DEUEL VOCATIONAL INSTITUTION

JUNE 13, 2019

NEIL SCHNEIDER, Presiding Commissioner

MIA EMIG, Attorney for Inmate

CORRECTIONS TO THE DECISION HAVE BEEN MADE

No See Review of Hearing

GINA L. JUDD, Transcriber, DE

2 DEPUTY COMMISSIONER STARR: Okay, we’re on the

4 PRESIDING COMMISSIONER SCHNEIDER: All right good

5 morning. Today's date is June 13th, of 2019. The time

6 is approximately 9:00 a.m. This is the Third Subsequent

7 Parole Suitability Hearing for Mr. Keith Lollis.

8 Actually, this is not a hearing, uh, we're going to

9 postpone his Third Subsequent Parole Suitability

10 Hearing. Mr. Lollis is not present in the BPH Hearing

11 Room today at Deuel Vocational Institute, Tracy. Uh,

13 uh, September 19th of 1988 from Alameda County. Uh, the

14 controlling offense, in this case, is PC187, murder in

15 the first degree arising from a conviction in Case

16 Number 93172 and resulting in a sentence of 25 years to

17 life. Uh, the minimum eligible parole date for Mr.

18 Lollis is February 10th of 2008. He is also a youthful

19 offender. The youthful offender parole eligibility date

20 is February 18th of 2012, and the elderly parole

21 eligibility date is May 1st of 2026. Although it is a

22 postponed hearing because he's not present, uh, the

23 Panel is very well aware that he is a youthful offender

24 and I will read the following. Uh, when a prisoner has

25 committed his or her controlling offense as defined in

1 Sub Division (a) of Penal Code Section 3051, prior to

2 attaining 26 years of age the Board shall give great

3 weight to the diminished culpability of juveniles as

4 compared to adults, the hallmark features of youth, and

5 any subsequent growth and maturity in the prisoner when

6 reviewing suitability for parole pursuant to Penal Code

7 3041.5. This hearing is being audio recorded so for the

8 purpose of voice identification; everyone present is

9 asked to state their full name and spell their last

10 name. I will go first and continue to my right. Neil

11 Schneider, S-C-H-N-E-I-D-E-R, Commissioner, Board of

13 DEPUTY COMMISSIONER STARR: Nina Starr, S-T

14 excuse me - A-R-R, Deputy Commissioner, Board of Parole

16 ATTORNEY EMIG: Good morning I'm Attorney Mia

17 Emig, E-M-I-G. I am state-appointed Counsel for Mr.

19 PRESIDING COMMISSIONER SCHNEIDER: Okay Ms. Emig

20 at this time can you tell us why we are postponing this

22 ATTORNEY EMIG: Yes, absolutely. Um, so a little

23 background before I get to that. Um, I met initially

24 with Mr. Lollis, L-O-L-L-I-S, on the 22nd of March here

25 at DVI, uh, during that interview, um, I did do an ADA

1 Review with him, he had a cane, he had glasses for both

2 reading and seeing, he indicated that he was CCCMS with

3 medication, uh he was coming off of a five year denial

4 and that he had gotten a 115 a year ago, um, he had

5 indicated to me at that point that he wanted to go to

6 the Board, uh, to this hearing. He indicated he had

7 some memory issues as well and then also indicated that