Brother, sister fight to keep parents' killer in prison

VACAVILLE, Calif. (KGO) -- It used to be that killers sentenced to life in prison in California almost never got out, even if their sentence included the possibility of parole. But now changes in the law and politics are leading to a record number of convicted murderers walking out of prison. A sister and brother fight to keep their parent's killer locked up.

"I guarantee you he will kill again," said Cheryl Effron.

That's the grim prediction from Cheryl and Gary Effron just moments after their parents' killer was recommended for parole at Vacaville State Prison, but he's not out of prison yet and the family is doing everything they can to stop his release.

"I'm trying to take care of justice for the very best people I have ever known," Cheryl said.

Cheryl and Gary have tried for years to remember how their parents lived, not how they died.

"I was standing ankle deep in dried blood and there was splatter everywhere," Cheryl said.

James and Essie Effron were killed in San Diego in 1977 during a robbery at their clothing store. Former employee Jose Gonzalez was convicted of first degree murder in the case.

"Their heads were wrapped in blankets and they were bludgeoned to death, both of them. And it was a horribly painful, bloody way to die," San Diego Deputy District Attorney Richard Sachs said.

Gonzales was caught two days later pawning Essie's jewelry.

"A crime like this committed today with a double murder, torture murder, lying in wait murder, all those would be grounds for life without parole and the death penalty. But those laws simply didn't exist back then," Sachs said.

Instead, Gonzalez was sentenced to life with the possibility of parole. Over the past 37 years, he has been denied parole seven times, until last week. The Effrons were at the parole board hearing to testify.

"Well my mother is here. These are the earrings she was wearing when he murdered her and I bring her to the parole hearing every time hoping that her spirit is in the room," Cheryl said.

The board recommended Gonzalez be paroled.

"How can this happen? How can this possibly represent justice?" Cheryl said.

Under California law, Gov. Jerry Brown now has the power to reject the recommendation. He's not commenting on the case, but during his term he has allowed a record number of lifers to be paroled.

"Go back 15 years or so, nobody was getting out," professor Robert Weisberg from the Stanford Criminal Justice Center said.

Weisberg says a 2008 court decision changed everything for lifer parolees. It forced parole boards to look beyond the original crime and focus more on whether the person is a danger to society now.

"Most of the people who get life with the possibility of parole sentences are there for some kind of homicide, the chance that any one of them will commit another homicide after he gets out is pretty much zero. It just about has never happened," Weisberg said.

Weisberg says the main reason lifer parolees don't kill again is their age.

Jose Gonzalez is now 59. The Effrons say that makes no difference, he remains a serious threat.

"The viciousness of his crime, a person who was 22 years old and had that as part of his constitution still has that when he's 59 years old," said Gary.

It will likely be several months before the case actually gets to the governor's desk. The Effrons are hoping for a big public outcry to sway the decision and have set up a Facebook page. Gonzalez's lawyer says if his client is released he's been tentatively accepted at two transitional housing programs. One of them is in Berkeley.

Effron Facebook page dedicated to keeping Jose Gonzalez in prison

Stanford Criminal Justice Center - Research on lifer parolees

Produced and written by Jennifer Olney