Sirhan Sirhan, who assassinated presidential candidate Robert F. Kennedy in 1968, is asking a choose on Wednesday to free him from jail by reversing Gov. Gavin Newsom’s denial of his parole earlier this yr.

Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California’s pivotal Democratic presidential major. He wounded 5 others through the taking pictures on the Ambassador Lodge in Los Angeles.

Newsom stated in January that Sirhan stays a menace to the general public and hasn’t taken duty for a criminal offense that modified American historical past.

However his legal professional, Angela Berry, says there is no such thing as a proof her now 78-year-old shopper stays harmful.

She is submitting what’s often known as a writ of habeas corpus asking a choose to rule that Newsom violated state regulation, which holds that inmates needs to be paroled until they pose a present unreasonable public security danger. Current California legal guidelines additionally required the parole panel to think about that Sirhan dedicated the offense at a younger age, when he was 24, and that he’s now an aged prisoner.

Berry stated she is difficult the governor’s reversal as an “abuse of discretion,” a denial of Sirhan’s constitutional proper to due course of and as a violation of California regulation. It additionally alleges that Newsom misstated the details in his choice.

She added that the governor “acted with private bias, included the improper regulation, ignored mitigation proof, and didn’t afford Sirhan the identical rights as others eligible for parole.”

Newsom overruled two parole commissioners who had discovered that Sirhan not was a danger. Amongst different elements, Newsom stated the Christian Palestinian who emigrated from Jordan has didn’t disclaim violence dedicated in his title, including to the danger that he might incite political violence.

The ruling cut up the enduring Kennedy household, with two of Robert Kennedy’s sons — Douglas Kennedy and Robert F. Kennedy Jr. — supporting his launch. However Robert Kennedy’s spouse, Ethel Kennedy, and 6 of Kennedy’s 9 surviving youngsters opposed his parole.

Newsom has cited Robert Kennedy as his political hero and retains photographs of him in his official and residential places of work, together with certainly one of Kennedy along with his late father.

Berry accused him of politicizing the parole course of and placing his “political targets and agenda above that of the Structure.”

Newsom’s workplace didn’t reply to a request for remark. Newsom, a Democrat, has in latest months sought extra nationwide recognition in calling out Republicans, notably the governors of Florida and Texas. Newsom is working for reelection in November, however he additionally has sparked hypothesis that he has presidential ambitions, one thing that he has repeatedly denied.

It’s unclear how shortly a choose would possibly rule on Berry’s petition, and both aspect might attraction an antagonistic choice, however Sirhan is ready for a brand new parole listening to on March 1.

Sirhan initially was sentenced to dying, however that sentence was commuted to life when the California Supreme Court docket briefly outlawed capital punishment in 1972.