At a hearing in the summer, San Diego County Superior Court Judge John Thompson wrestled with the decision before him.
“There are very few things that I find now after sitting on the bench for 36 years that are difficult. This is one of them,” he said, according to a June 26 court transcript. “Every fiber of my being tells me I should deny this request.”
At question was the fate of Paul Carl Tomasini, who was convicted of brutally murdering Mary Shojai in 2012 . According to prosecutors, Tomasini bludgeoned 66-year-old Shojai, a disability rights advocate, at least 17 times with a mallet in her San Diego home after she broke off their romantic relationship that developed at church.
Twelve years later, Tomasini was eligible for early release under California’s newest compassionate release law because of a prostate cancer diagnosis. According to court documents, 78-year-old Tomasini’s cancer had metastasized, and he is facing “an end-of-life trajectory.” He now resides in a healthcare facility that offers palliative care, paid for by taxpayers.