The California Attorney General's office on Thursday stated it was reconsidering a bid to put Bruce Lisker, the man wrongly convicted in the murder of his mother, back in prison. "We're certainly reviewing the motion," A.G. spokesman Jim Finefrock told the Weekly.
He said chief deputy Attorney General James Humes would review the office's Wednesday filing by Attorney General Jerry Brown that sought to return Lisker to prison after he spent 26 years in jail for being wrongfully convicted of killing his mother.
That motion, filed in U.S. District court, requested that Lisker be returned to prison because he asked for his release after after a deadline to do had passed. Brown cited a recent ruling by an appeals court as justification.
In that case the court ruled that inmates should not be allowed to file petitions late, even under circumstances when they can prove their innocence.
Lisker was convicted in 1985 and sentenced to 16 years to life in prison for the murder of his 66-year-old mother Dorka. She was found stabbed and beaten to death in her home in 1983.
The Los Angeles Times conducted an investigation into Lisker's case in 2005 and questioned much of the evidence used in the trial. A federal judge in Riverside overturned his conviction in August 2009, ruling that false evidence was used and that Lisker did not have proper legal representation.
Lisker's current attorney, William Genego said that Brown's request to send Lisker back to jail was "unfair and too late."
"We are surprised the A.G. would go to this extreme to put Bruce back in prison," he said.
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Lisker filed a lawsuit against several LAPD detectives involved in the murder investigation, accusing them of violating his civil rights.
When asked if there was a connection between the lawsuit and Brown's actions, Genego responded, "it wouldn't surprise me."
Brown's motion had originally asked that a hearing be scheduled for Oct 4 at the U.S. District Court in Riverside.
With reporting from Weekly staff writer Dennis Romero and City News Service