|The Naked City||Jan 12 2015|
Although Green was probably never aware of it, legal authorities often cited his case during the long battle over the constitutionality of the death penalty in California. The idea put forth by the pro-death penalty side around 1960 was that even though Green’s commuted sentence specified “without possibility of parole,” there was no actual reason in California jurisprudence or the state constitution that he could not be released. All that was required was for an appropriate state authority to decide to do it. They felt therefore that anti-death penalty campaigners’ assurances that criminals could be imprisoned for life if such punishment was deemed necessary meant nothing. No matter the language of the original life sentence, any criminal could later be released. Green doubtless would have found all this fascinating, but none of it ever came to affect him. As far as we can tell, he did in fact spend the rest of his life in San Quentin.