A man with a violent past is set for release from prison and the Yolo County District Attorney's Office is fighting back against the law that has opened the door to his freedom. Howard Wilbanks, 70, is nine years into serving a life sentence with the possibility of parole at Solano State Prison.
Howard Wilbanks CDCRA CDCR medical report, obtained through court documents, outlines that he is suffering from terminal metastatic lung cancer that has spread to his bones.
The CDCR petition goes on to say, 'After his most recent evaluation by his oncologist, the specialist recommended compassionate release due to the serious and advanced illness with an end-of-life trajectory.'
Under the law, once CDCR files a petition for compassionate release on behalf of a prisoner, then within the next 10 days, their case must appear before a county judge.
In Wilbanks' case, he opted to be released within the next 30 days while the state looks to find a suitable facility to help address his end-of-life needs.
"Who pays for that?" I asked.
Wilbanks has a lengthy criminal history.
As an adult, he was convicted of a host of charges that include: assault with a deadly weapon, assault with a deadly weapon on a peace officer, battery, theft, robbery, obstructing/ resisting a peace officer, various drug charges and drunk driving.
Howard Wilbanks' criminal historyAiello and the Yolo County District Attorney's Office are calling the law into question.
"It is written with an impossible standard for the prosecution to overcome," said Aiello. "If he meets his medical criteria, there really isn't a legal leg to stand on. We are prohibited from presenting evidence of the current commitment offense, a prior criminal history, or even the lack of rehabilitation while in prison. So the law is essentially designed to really bind the court's hands."
"Even if a victim is adamantly opposed to a release, that has no weight for the court's decision," said Aiello.
"I do. California voters voted constitutional right for victims to be heard, and they have been eliminated effectively from this process," said Aiello.
Ellis, a twice-convicted child molester, was serving a more than 100-year sentence in prison when he was granted compassionate release.
"Mr. Ellis is still in a veterans hospice care. He is still is alive," said Aiello. Ellis' former partner and son told CBS Sacramento in January that they were adamantly against his release. "Mercy on the wolf is cruelty to the sheep, right? Who are we having compassion on?" asked Hamilton.
"For me, I feel a sense of personal responsibility because he is my biological father. What I've chosen to do with that information is I live in rebellion against it. I have a pure, wonderful family. My daughters love me. I love them. Everything is holy and pure. But then I know that this dark part of my family's past is out there and I know that he's going to re-offend if given the chance," said Hamilton. Hamilton started an online petition to amend the law and has been working to get lawmakers to take up the issue.
"At the very least, anyone who's been charged and convicted of a sex offense, and then I think next should be consideration of any person who's serving life in prison. Life in prison should have some type of meaning," said Aiello.
CDCR, when asked to answer questions regarding Wilbanks' release, told CBS Sacramento in a statement:
"The Compassionate Release Statute— Pen. Code §1172.2(a) requires the Department to refer to the sentencing court incarcerated individuals who meet established medical criteria for release consideration. Another good source of information is the California Correctional Health Care Services Palliative Care Guide, which includes information on Compassionate Release. CDCR does not provide scheduled release dates or future housing information. Per medical privacy laws, we can't speak to an individual's protected health information," a spokesperson said.
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