there were three board members. He remembers them as: an older Latino man who smiled at him, an older white man who âlooked like he wanted to be fishing,â and a woman with a sour look who waved him to sit down and state his name. Joey claims the men saw his fight at the Sacramento Auditorium. Then the woman went ballistic, âI have read your file and, I too, am from Compton and know all about 18 th St. thugs. Just because you are an athlete, do not think you will get treated any different on your incorrigible butt.â
Joey says he laughed nervously, realizing he was not likely to be paroled, and was asked if he thought she was funny. âNo, but there is no need to talk to me with such vile.â He claims the white man wrote down âDolphins â3, Rams +7, Bears â10.â
The female paroler continued, âThe new law that has taken affect this year is applicable to you, and under 1170.D and C, an inmate who is found to be incorrigible will be found unsuitable for the Youth Authority and returned to court for sentencing. You, Mr. T-O-R-R-EEEE are incorrigible!â
The Latino man informed Joey that he could appeal the decision and asked if he had anything to say. Joey responded that he understood he had a plea bargain and was told that the longest he would be in prison was when he turned 25. They asked for his Youth Authority ID card as a parting gift, as Joey was being transported back to LA County Jail for re-sentencing.
Joey woke up on the morning of his court date for his modification of sentence. He thought the worst that could happen was 3 more years in prison. Ten people arrived at the Norwalk Superior Court House early on Nov 6, 1982. Joey was appointed another public attorney named James Boedecker, who came to visit him in the holding tank. Boedecker informed Joey that he was in front of a different judge this time. Judge Stevens was not a fan of Joey Torrey and was not going to allow him to withdraw his plea or re-sentence him to three years. The judge was going to allow a plea of second degree murder for 7-10 years with credit for time served.
Joey told Boedecker, âHell no, buddy. I have a plea agreement and now they want to re-sentence me and I will notplea again!â Joey says Mr. Boedecker assured him he would fight for time served in the appeals court until the end and that was the last time they saw each other before the sentencing.
Joey sat in the holding cell for hours until he was summoned into Judge Stevenâs court, where the following was recorded by the court:
âMr. Torrey, I am not going to allow you to withdraw your plea agreement and burden the tax payers of this state with a long drawn out trial. You plead guilty to 187, murder, and in about five minutes, thatâs what you will be sentenced to. Numerous fights in YA and trying to purchase a gun while in custody. Bad places are for bad people, Mr Torrey, and youâre, without a doubt, bad people. Incorrigible is right. Your sentence is just the beginning as the Briggâs initiative just passed on November of 1982, which protects minors, not adults or gangsters like you. You should not have been sentenced to the YA, and I am going to correct that wrong. You could not handle a 3-5 year deal and now you are back.â
The judge banged the gavel and asked Joey to stand back as he continued, âI hereby sentence you to 25 years to life in the California Department of Corrections. I will give you credit for 822 days that you served in the Youth Authority.â
C OURT T RANSCRIPT:
Judge: Do you have further arraignment for judgment?
Boedecker: Yes
Judge: All right. Is there any legal cause why sentence should not be pronounced?
Boedecker: The legal cause has already been stated, as much as the court will allow him to state it.
Judge: All right. Stand up, Mr Torrey. (Defendant complies) For the offense of murder in the first degree, to which the defendant entered a plea of guilty as