Press Release
FOR IMMEDIATE RELEASE
Date: 01/14/2009

Contact person(s):

Media Coordinator, Terry Menshek (707) 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

RAPIST DENIED PAROLE UNDER NEW MARCY'S LAW

District Attorney Stephan Passalacqua announced today that convicted rapist James Brinston was denied parole this week by the Board of Prison Terms. Under the recently enacted Marcy's Law, which can extend the period between parole suitability hearings, the Board denied parole and found that he is not eligible for another parole hearing for seven more years. Brinston, at the age of 39, was convicted in 1997 of forcibly raping a 20 year old woman.

Mr. Passalacqua stated that the sexual assault “was carried out in a particularly cruel and callous manner with complete disregard for the suffering of the victim. This career criminal is a sexually violent predator who poses a serious threat to our community. We are pleased with the Parole Board’s decision.”

On April 28, 1996, Brinston was helping the victim relocate to Sonoma County. Brinston had been on several previous dates with the victim, but on this particular day the victim informed Brinston that she did not wish to continue seeing him. Brinston became upset. He armed himself with a large butcher knife and held it to the victim’s throat and stomach threatening to kill her if she did not keep quiet and remove her clothes. He then forcibly raped her while he was still armed with the knife. This brutal crime had a devastating impact on the victim which resulted in serious long term injuries. Brinston had previously been convicted of two other felony sexual assault crimes against minors

Brinston appeared with his attorney at his parole hearing at Avenal State Prison. The District Attorney’s office was represented through Deputy District Attorney Bob Waner.