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Simitian's last-minute victory

by Don Kazak

When Joe Simitian looked up at Assembly Speaker Herb Wesson at 2:30 a.m. Saturday in Sacramento, he realized it was time to throw a Hail Mary.

Simitian, D-Palo Alto, sought passage of a bill authorizing $400,000 in compensation, as calculated by state law, for Rick Walker of East Palo Alto. Walker served 12 years in state prison for a murder he didn't commit. His attorney, Alison Tucher, worked hard to reopen the case and set him free, with the help of Karyn Sinunu, Santa Clara County assistant district attorney.

But with the state Legislature locked in partisan budget wars, Simitian's bill was held political hostage with a raft of other budget bills requiring a two-thirds vote that Assembly Republicans were blocking.

Sure enough, Simitian's bill fell five votes short of the 54 needed for passage, with Republicans not voting.

But he didn't give up.

After asking Wesson to not record the vote, Simitian went from Republican to Republican while they were debating another issue.

"They were all sympathetic" about the righting the wrong that had been done to Walker, Simitian said, but the GOP Assembly caucus was holding the partisan line: no votes on budget bills needing a two-thirds vote. "The system already made him a victim once," Simitian told his colleagues. "Don't make him a victim a second time."

Thinking he had failed, Simitian walked back to his seat an hour later, his back turned to the Assembly chambers and its electronic vote board. Then, he heard the cheers. Two Republicans broke ranks and supported the bill, quickly followed by others. His bill suddenly passed on a 62-0 vote, later revised to 73-0 as others recorded "yes" votes.

Rick Walker would have gotten his state compensation at some point, maybe six months or a year from now, depending on when the compensation bill was passed. Now, he won't have to wait.

"Against all odds, that went through," said Sinunu. "It's just an incredible story, and the credit goes to Joe Simitian. Mr. Walker deserves that compensation."

"Joe did a terrific job," Tucher said. "Rick lost 12 years of his life, and the Legislature understood this."

Walker, 47, expressed his gratitude.

"It was good that people came together at the last minute," he said. "I really appreciate how it happened."

But Walker spent 12 years in prison for a crime he didn't commit, and some bitterness seeps through when he talks about his situation. "They took 12 years from me, and $400,000 is hardly compensation for 12 years," he said. Walker, for now, is living at home with his mother, former East Palo Alto mayor and Councilwoman Myrtle Walker.

In time, he hopes to open his own auto shop with the state money.

Others helped Simitian during the hectic weekend, including state Sen. Byron Sher, D-Redwood City, who helped carry Simitian's bill in the Senate.

Don Kazak can be e-mailed at dkazak@paweekly.com