THOUSAND OAKS : Former Candidate’s Conviction Reversed
An appellate court on Thursday reversed the conviction of a former Thousand Oaks City Council candidate who threatened to harm five public officials, saying the jury in the case was given faulty instructions.
Additionally, the court ruled that the defendant cannot be retried because of the double jeopardy protections in the state and federal constitutions.
Norman Leonard Jackson, 35, was convicted in 1990 of five counts of sending letters that threatened to kill then-Ventura County Supervisor Madge L. Schaefer, Assemblyman Tom McClintock (R-Thousand Oaks), Rep. Elton Gallegly (R-Simi Valley), Thousand Oaks City Manager Grant Brimhall and state Sen. Ed Davis (R-Santa Clarita).
Jackson served 18 months of a three-year prison sentence and has been released. According to the decision by the state Court of Appeal for the 2nd Appellate District in Ventura, Jackson “threatened to kill the recipient if he or she did not investigate alleged governmental interference with appellant’s political right to run for office.â€
At Jackson’s trial, the prosecutor requested that Ventura County Superior Court Judge Lawrence Storch select either the government’s jury instructions or those drafted by Jackson’s defense attorney.
According to the appellate opinion, the trial judge selected the defense lawyer’s instructions, which, the three-judge panel concluded, were flawed.
“Appellant’s threats struck at the heart of government,†the appellate decision said. “History has shown that such threats have been carried out with all too great a frequency. At least appellant has been identified as a potential threat to public officers.â€
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