§ Drain the Swamp · California · May 2026

California DAs Revolt as Newsom Frees Rapists, Murderers
and Attempted Killers.
271 pardons. 166 commutations. One governor positioning for 2028.

On April 24, 2026, Gov. Gavin Newsom (D-CA) quietly let the clock run out on Alberto Tamez Jr. — convicted in 1974 of first-degree murder, kidnapping, robbery, and rape by force and violence against Genevieve Adaline Moreno of Nipomo, California. Newsom had 30 days to reverse the Board of Parole’s decision to free Tamez. He took no action. San Luis Obispo County District Attorney Dan Dow called it “deeply troubling” and said his office had fought the release at every stage of the process.

The Tamez case is not an exception. It is the pattern. Since 2019, Newsom has granted 271 pardons, 166 commutations, and 43 reprieves— including a February 2026 pardon that erased the attempted-murder convictions of a Cambodian national in the country illegally, shielding him from deportation, and a batch of five commutations for inmates serving life without parole for homicide. District attorneys from multiple California counties have formally and publicly condemned specific decisions. Victims’ advocates argue the governor is using the clemency process to circumvent the Marsy’s Law protections California voters passed to give crime victims a voice in these outcomes.

This page documents the specific cases, the DA opposition on record, and the numbers behind a clemency record that California’s own law enforcement community describes as a systematic pattern — not a series of isolated acts of mercy.

§ 01 / The Tamez Case — Murder, Rape, Silence

He murdered her in 1974. Newsom let him go in 2026.

In the early morning hours of June 18, 1974, Genevieve Adaline Moreno was working her shift at Old Blues Bar in Nipomo, a small community in San Luis Obispo County. Alberto Tamez Jr. struck her, robbed the register, dragged her from the bar to a nearby eucalyptus grove, continued to beat her as she screamed and begged him not to hurt her, and left her there after she lost consciousness. She did not survive.

Tamez was charged with first-degree murder, robbery, kidnapping, and rape by force and violence — with the murder charge carrying three special circumstances allegations: that it was committed during a robbery, a kidnapping, and a rape. He pled no contest to first-degree murder on September 3, 1974, and was sentenced to life in state prison with the possibility of parole nine days later. He was 51 years into that sentence when the California Board of Parole Hearings voted to release him on December 30, 2025.

Under California law, when the Board of Parole grants parole to a first-degree murderer, the governor receives the decision and has 30 days to reverse it. DA Dan Dow — who had opposed Tamez at every stage, including fighting his attempt to vacate the conviction — urged Newsom to use that authority. On April 24, 2026, the governor’s office communicated to the Board that Newsom would take no action. Tamez walked out of state prison.

I am deeply troubled that our criminal and victim justice system has reached a result where the man who brutally murdered Genevieve Moreno over fifty years ago will now walk free. We are deeply disappointed that the Board of Parole Hearings granted parole, and that the Governor chose to take no action to reverse that decision.

San Luis Obispo County DA Dan Dow — Statement, May 2026, on the release of Alberto Tamez Jr.
California convicted killer released after 51 years — Newsom declines to intervene
§ 02 / The Pardon — Attempted Murder and an ICE Shield

10 counts of premeditated attempted murder. Pardoned. ICE blocked.

On February 20, 2026, Governor Newsom announced eight pardons and six commutations in a single batch. Among the pardons was Somboon Phaymany, a Cambodian national who had entered the United States illegally and was convicted in 1997 on 10 counts of premeditated attempted murder for a gang-on-gang parking lot shooting in Sacramento County. He served 20 years in state prison.

Phaymany had received a final order of removal from an immigration judge in 2019 following those convictions. Newsom’s pardon erased the qualifying convictions that made him removable under federal immigration law — effectively shielding him from active ICE deportation proceedings and allowing him to remain in California. The Department of Homeland Security issued a formal press release titled “CALIFORNIA CALAMITY” the following day.

DHS — 'California Calamity' — Feb 23, 2026

“Governor Newsom’s decision to pardon a criminal illegal alien who was convicted of 10 counts of premeditated attempted murder is an absolute insanity. This individual, who was in this country ILLEGALLY and was convicted of 10 counts of premeditated attempted murder, had a final order of removal issued against him. Governor Newsom’s pardon shields this criminal illegal alien from deportation.”

Source: DHS Press Release, Feb 23, 2026 — California Calamity

Newsom’s office defended the pardon, citing Phaymany’s rehabilitation and the support of Catholic bishops who had urged the pardon explicitly as a defiance of Trump’s DHS. Catholic Bishop Michael Pham and the Rev. Scott Santarosa had written to Newsom arguing Phaymany “underwent a radical transformation” in prison and that DHS was perpetrating an “injustice” with its deportation push.

The same February 2026 batch included the commutation of Laurence Perry, who had fatally shot a victim in front of a convenience store and was serving life without the possibility of parole. His sentence was commuted, making him eligible to seek parole. Perry is one of at least 49 inmates serving life without parole for murder whose sentences Newsom has commuted since taking office.

DHS blasts Newsom over illegal alien's early release: 'He has blood on his hands'
§ 03 / The DA Opposition — Formal and Documented

Multiple counties. Multiple DAs. Same governor.

The opposition to Newsom’s clemency decisions is not informal. It is documented, organized, and cross-jurisdictional. San Luis Obispo County DA Dan Dowhas formally opposed two separate clemency decisions in a 13-month window: the Tamez release (murder-kidnapping-rape, 1974) and the Allie Brown release (second-degree murder of her 22-month-old daughter Lily, 2013). Both opposition letters went directly to Newsom’s office. In the Tamez case, Newsom declined to act. In the Brown case, as of May 2026, the 30-day window remains open.

San Bernardino County District Attorney’s office maintains a formal “No Release”page on its official website — a running public docket of cases where Newsom has commuted sentences and the DA’s office is on record opposing the release at parole hearings. Among the listed cases: Rodney Patrick McNeal, a former San Bernardino County probation officer who murdered his wife Debra and their unborn child Samara on March 10, 1997. Newsom commuted McNeal’s sentence on March 27, 2020. A parole board granted McNeal parole seven months later.

Who Runs California?
  • Gov. Gavin Newsom (D-CA) — 271 pardons, 166 commutations, 43 reprieves since 2019; positioned for 2028 presidential run; declined to reverse parole of 1974 murderer-rapist in April 2026
  • AG Rob Bonta (D-CA) — California Attorney General; appointed by Newsom; has not formally opposed Newsom’s clemency pattern
  • DA Dan Dow (R) — San Luis Obispo County — formally opposed both the Tamez and Allie Brown releases in writing to Newsom; fought Tamez at every legal stage including his attempt to vacate the 1974 conviction
  • San Bernardino County DA’s Office — maintains formal “No Release” public opposition docket of Newsom clemency decisions involving violent offenders
  • California Senate Republican Caucus — issued formal statement condemning Newsom’s 2019 batch of 21 commutations for murderers and gang members; noted 19 of 21 used firearms in their crimes
Sources: CA Governor’s Office · SLO County DA · San Bernardino County DA · CA Senate GOP Caucus
§ 04 / The Pattern — 21 Killers in One Batch

Eight months into his term. 21 violent offenders. One governor.

Eight months into his first term as governor, Gavin Newsom (D-CA) commuted the sentences of 21 prison inmates in a single announcement. Fourteen were convicted of murder or attempted murder. Seven had been sentenced to life without the possibility of parole. The California Senate Republican Caucus responded with a formal condemnation, documenting the specific crimes: gang members who murdered during drug-related crimes, drive-by shooters, armed robbers, carjackers, domestic violence offenders, and home invaders. Nineteen of the 21 committed their crimes using a firearm.

Newsom argued that the commutations did not free the inmates — they only made them eligible for parole hearings where the Board of Parole would independently assess public safety risk. But critics noted that this framing itself reveals the mechanism: by commuting an LWOP sentence, a governor converts a permanent bar to parole into a discretionary hearing. The governor controls the first gate; the board controls the second. Newsom was engineering the hearing opportunity, then stepping back to let the board bear the accountability for the actual release.

The California Globe documented this pattern in a detailed 2021 investigation titled “Under the Radar: How Gov. Newsom Uses Clemency to Engineer Parole for Recidivist Felons and Murderers.” The report found that Newsom had systematically used commutations to advance violent offenders from LWOP status to parole-eligible status — a process that bypasses the voter-approved sentencing structure that imposed LWOP in the first place.

California Senate Republican Caucus — Statement on Newsom’s 21-Inmate Commutation

“Governor Newsom complained about gun violence yet 19 of the 21 he granted clemency committed their violent crimes using a firearm. Where is the compassion for the crime victims and their families? They have missed years of birthdays, graduations, marriages, births of grandchildren and more because these criminals callously took the lives of their sons, daughters or other family members. Governor Newsom is placing his personal liberal agenda over the considered decisions of the courts and the will of the people of California.”

Source: California Senate Republican Caucus — Official statement on Newsom commutations
§ 05 / Marsy’s Law — The Rights Being Sidestepped

California voters gave victims a voice. Executive clemency gives the governor a bypass.

California voters passed Proposition 9 in 2008, enshrining Marsy’s Lawin Article I, Section 28 of the California Constitution. Among its provisions: crime victims have the right to be heard at parole hearings, and the right to be notified of proceedings affecting the status of their offender. The law was named for Marsalee “Marsy” Nicholas, murdered in 1983, whose family had no idea her killer was walking free on bail until they encountered him in a grocery store a week after her death.

Marsy’s Law protections attach to parole hearings because parole hearings are a statutory proceeding with defined notice requirements. Executive clemency — a governor’s unilateral constitutional power to pardon or commute — is not a statutory proceeding in the same sense. Victim advocates have noted that when Newsom uses a commutation to convert an LWOP sentence to parole-eligible, the commutation itself occurs outside the formal parole-hearing structure, and the victim notification chain only activates when the separate parole hearing is later scheduled — often years after the commutation decision.

In the Tamez case, DA Dow made clear that victims’ advocates and the victim’s family had participated in the parole hearing process — and their objections were overridden first by the Board and then by the governor’s inaction. The family of Genevieve Moreno opposed the release. They were not afforded a mechanism to compel Newsom to reverse the board’s decision.

These families are victimized — this time by Governor Newsom.

California Senate Republican Caucus — Statement on Newsom clemency for murderers and violent offenders
§ 06 / Full Timeline

From a Nipomo grove in 1974 to a Sacramento press release in 2026. Same governor. Same pattern.

June 17–18, 1974
Alberto Tamez Jr. murders Genevieve Moreno — Nipomo, CA
Genevieve Adaline Moreno, a wife and member of the Nipomo community, was working her shift at Old Blues Bar in San Luis Obispo County. Tamez struck her, robbed the register, dragged her to a eucalyptus grove, beat her as she screamed and begged for her life, and left her to die. He pled no contest to first-degree murder — with special circumstances of robbery, kidnapping, and rape by force and violence — and was sentenced on September 23, 1974, to life in state prison with the possibility of parole.
2019
Newsom takes office — clemency pace accelerates
Governor Gavin Newsom (D-CA) begins his term with an explicit commitment to expanded clemency. In his first year he commutes the sentences of 21 inmates, including 14 convicted of murder or attempted murder and 7 serving life without the possibility of parole. California Senate Republicans issue a formal condemnation, noting that 19 of the 21 committed their violent crimes using a firearm.
March 27, 2020
Newsom commutes sentence of Rodney Patrick McNeal — murdered wife and unborn child
McNeal, a former San Bernardino County probation officer, murdered his wife Debra and their unborn child Samara on March 10, 1997. Newsom commuted his sentence. The San Bernardino County District Attorney's Office adds the case to its formal 'No Release' opposition list — a running docket of Newsom commutations they publicly oppose.
August 2025
Newsom commutes 5 LWOP murder sentences
Newsom commutes the sentences of five inmates serving life without the possibility of parole for murder, including Randolph Hoag (fatally shot his girlfriend's ex-husband), Karina Poncio (fatal gang-related shooting), Arthur Battle (contract killing at age 18), and Christian Rodriguez (fatal shooting during attempted robbery). All become eligible for parole hearings.
February 20, 2026
Newsom pardons illegal alien convicted of 10 counts of attempted murder — shields him from ICE
Newsom pardons Somboon Phaymany, a Cambodian national in the country illegally, convicted in 1997 on 10 counts of premeditated attempted murder for a gang parking lot shooting. The pardon erases the convictions that made Phaymany removable under federal immigration law, shielding him from an active ICE deportation order. DHS issues a press release titled 'CALIFORNIA CALAMITY' and calls the decision 'absolute INSANITY.' Newsom also commutes six additional sentences that month, including Laurence Perry, who fatally shot a victim in front of a convenience store and was serving life without parole.
December 30, 2025
Board of Parole grants parole to Alberto Tamez Jr. — 51 years after the murder
The California Board of Parole Hearings grants parole to Alberto Tamez Jr. over the objections of San Luis Obispo County District Attorney Dan Dow and the victim's family. Tamez had been incarcerated since 1974 for the murder, kidnapping, and rape of Genevieve Moreno.
April 24, 2026
Newsom declines to act — Tamez walks free
The parole board forwards the Tamez decision to Governor Newsom, who has 30 days to reverse a board's parole grant for first-degree murder. Newsom takes no action. DA Dan Dow's office announces the outcome: 'We are deeply disappointed that the Board of Parole Hearings granted parole, and that the Governor chose to take no action to reverse that decision.' Tamez is released from California state prison after serving 51 years.
April–May 2026
DA Dan Dow formally urges Newsom to block second case — child murderer Allie Brown
Separately, DA Dow sends Governor Newsom a formal letter urging him to reverse the Board of Parole's decision to grant early release to Allie Hazel Brown, who murdered her 22-month-old daughter Lily in San Luis Obispo County. Brown pled guilty to second-degree murder and accepted a sentence of 15 years to life. The board granted parole over the DA's objection and that of Lily's mother. Dow writes that Brown 'has a history of violence, substance abuse, and mental health issues' and has not taken proper responsibility for the murder. The governor has 30 days to act.
§ 07 / The Bottom Line

271 pardons. 166 commutations. One pattern. No accountability.

Governor Gavin Newsom (D-CA) has issued more pardons and commutations than any recent California governor in a comparable span — 271 pardons, 166 commutations, and 43 reprieves since 2019, by his own office’s count. The beneficiaries include convicted murderers serving life without parole, a man convicted of 10 counts of premeditated attempted murder who was in the country illegally, and a man who murdered, kidnapped, and raped a woman in 1974 whose family begged for him to stay incarcerated.

California district attorneys have formally and publicly opposed specific decisions. The San Bernardino County DA maintains a public “No Release” docket. The San Luis Obispo County DA has sent at least two formal opposition letters to the governor in 13 months. The California Senate Republican Caucus has documented the crimes of the recipients in writing. DHS has called at least one pardon “absolute INSANITY” in a formal press release.

What Remains Open

As of May 10, 2026, the Allie Brown case — second-degree murder of her 22-month-old daughter Lily — remains inside Newsom’s 30-day review window. DA Dow has formally urged reversal. Newsom has not acted. The same clock that ran out on Genevieve Moreno’s murderer is now running on Lily’s.

The federal government has not challenged Newsom’s clemency powers directly — the governor’s pardon and commutation authority is constitutionally vested and essentially unreviewable by any court. The only check is the governor’s own judgment. By the numbers, that judgment has favored the offenders over the victims’ families 166 times on commutations alone.

Sources & Primary Documents