Accused baby killer was likely free due to Jerry Brown and Hispanic Democrat "realignment" AB 109.

[More Democrat Successes]

Father charged with sexual assault, murder of infant daughter
previously freed through AB 109

Smile now, baby-fucker. You're going to get an asshole the size
of a 3 pound coffee can once you go to general population.

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Matthew Brendan Warner — charged with torturing, sexually
assaulting and murdering his 19-day-old daughter — would likely
have been incarcerated at the time of the slaying if not for the
state’s prison realignment program, which freed him on
probation, officials with law enforcement and probation said
this week.

“Warner, at the time of his latest arrest, was on post release
community supervision stemming from a Nov. 14, 2012, conviction
for unlawful driving or taking of a vehicle with three priors.
The priors were from 2003, 2004 and 2005,” said Ricardo
Santiago, spokesman for the Los Angeles County District
Attorney’s office.

“From March of 2004 to April 2013, Warner was an inmate or a
parolee,” said Bill Sessa, spokesman for the California
Department of Corrections and Rehabilitation.

“He has three convictions for vehicle theft and one for grand
theft, was in and out on parole a couple of times,” Sessa said.

In April 2013, the Newhall man was released from prison and
discharged to Los Angeles County for probation supervision,
Sessa said.

The release came after Assembly Bill 109 — the so-called public-
safety realignment bill — took effect Oct. 1, 2012.

AB 109 shifted responsibility for nonviolent convicted felons
from the state prison system to county resources.

Because Warner’s convictions between March 2004 and April 2013
involved drug or property crimes, not violent crimes, he was
considered a “non-non-non” and released on probation.

“We call them N-3s: non-violent, non-sexual, non-serious
offenders,” said Margarita Perez, assistant chief probation
officer assigned to the Adult/Juvenile Field Services and AB 109
Los Angeles County Probation Department.

“He (Warner) is your non-non-non coming out of state prison,”
Perez said after checking the murder suspect’s probation record.
“He came out of prison as an AB 109.”

Gov. Jerry Brown signed AB 109 in April 2011, responding to a
court ruling that California must drastically reduce its
overcrowded prison population by some 33,000 inmates. Brown’s
realignment plan involved shifting incarceration from state
prison to county jails for the so-called “N-3s” and allowing
probation as an alternative to incarceration. It also shifted
parolee supervision from the state prison system to the county.

“He’s never had an offense against people,” said homicide Lt.
Holly Francisco, the lead investigator in the case filed against
Warner this week charging him with assault of a child causing
death, torture, oral copulation or sexual penetration with a
child under 10 years old, aggravated sexual assault of a child,
and murder — all brought against him in the death of his 19-day-
old daughter.

According to the criminal complaint filed against him, each of
the crimes occurred last Friday, Jan. 23 — the day mother Tawni
Wallis left baby Ellorah Rose Warner with her husband,
reportedly to go to work.

The infant’s body was found Saturday morning in the cab of a
pickup truck at a Newhall park-and-ride lot after Warner led
deputies to the area.

Released on probation in 2013, Warner violated the terms of that
probation three times last year. Due to provisions of AB 109, he
was put back on probation after very short jail times.

Warner, 30, who was born in Los Angeles and grew up in the Santa
Clarita Valley, was arrested Feb. 25, 2014, by Los Angeles
Police Department officers assigned to the North Hollywood
division for a parole violation. He was released after five days.

He was arrested June 8, 2014, by Santa Clarita Valley sheriff’s
deputies at his Alder Court home on suspicion of possessing a
controlled substance. He was released from custody nine days
later.

And he was arrested July 2, 2014, on a parole violation for
allegedly dismantling his GPS tracking bracelet fixed to his
ankle by Los Angeles Police Department officers from the West
Valley Division, according to Detective John Doerbecker. Twenty-
nine days later he was released from custody.

On each arrest, county probation officers exercised their option
of temporarily detaining Warner on what they call “flash
incarceration,” Perez said.

“The flash allows us to hold him for 10 days in jail,” she said.
“In that time, we assess the situation and can petition the
court for revocation of his probation.”

Judges then consider the revocation request, if one is
submitted, and decide to either release the defendant or revoke
his probation.

However, courts consider a number of factors, such as time
served, that reduces the number of days in custody, Perez said.

Warner remains in custody at the Twin Towers Correctional
Facility in downtown Los Angeles with bail set at $2.25 million.
He faces a maximum penalty of life in state prison if convicted
of all charges, Santiago of the District Attorney’s Office said.

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