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Victim’s Family Sues Schwarzenegger Over Clemency

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Governor Arnold Schwarzenegger (AP)

Former California Governor Arnold Schwarzenegger (AP)

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SACRAMENTO (KCBS) – Former Governor Arnold Schwarzenegger is being sued for shortening the sentence of former Assembly Speaker Fabian Nunez’s son.

In his final day in office, Schwarzenegger cut the 16-year sentence for Esteban Nunez to seven years.

Nikki Medoro Reporting:

The 21-year-old was convicted for his role in the stabbing death of 22-year-old Luis Santos on the San Diego State University campus in 2008.

The Santos family is suing Schwarzenegger and the California Department of Corrections for violating Proposition 9, or Marsy’s law. That measure was passed by voters in 2008, amending the State Constitution to provide greater rights for victims of crime.

“Such as the right to be noticed, the right to be heard,” said Nina Salarno-Ashford, an attorney for the Santos family.

Salarno-Ashford said the Santos family and prosecutors were never notified about the possible commutation.

The victim’s father, Fred Santos, said the family is ready to take the case all the way to the Supreme Court.

“We owe it to my son. We owe it to my family,” he said. “We owe it to other victims out there. We have to stand up for our rights. If we don’t, who else will.”

The family is looking for the original sentence to be reinstated.

(© 2011 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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