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Sara Jane Olson
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Former SLA Member Olson Must Stay In Jail

UPDATED: 1:33 pm PDT April 29, 2008

A Sacramento County judge has declined to free former 1970s radical Sara Jane Olson after she was sent back to prison following a mixup by state corrections officials, according to a ruling released Tuesday.

Olson was freed in March from the women's prison in Chowchilla but was quickly re-arrested after officials discovered they had miscalculated her release date by one year.

Her attorneys then asked Sacramento County Superior Court Judge Thomas Cecil to order her release, arguing that state corrections officials had no authority to re-arrest her. They also claimed Olson's due-process rights were violated.

In the ruling made public Tuesday, the judge said Olson had not shown that corrections officials acted illegally. He also rejected claims that her due process rights were violated and that it was unfair to send her back to prison after she had been free for four days.

Olson, 61, was mistakenly paroled March 17 after six years in prison. The former Symbionese Liberation Army member had pleaded guilty to attempted bombings of Los Angeles police cars in the 1970s and the shooting death of a customer during a bank robbery in the Sacramento suburb of Carmichael in 1975.

She was about to fly home to Minnesota when she was notified of the error.

Parole officials said they neglected to include the two years she was supposed to serve for the Sacramento County murder on top of her 12-year sentence for the Los Angeles County crimes. That made her total sentence 14 years, not 12. Inmates typically serve about half their sentences.

In his ruling, which was signed on April 21, the judge said Olson should have known that she had been released too early.

"She has not shown that she was ignorant of the facts," wrote Cecil, who ruled without holding a hearing. "She was surely aware that she had been sentenced to a consecutive two-year term for her conviction in Sacramento County."

Olson's attorney, David Nickerson, said he just learned of the decision and must talk with Olson before deciding whether to file a similar motion with an appeals court.

Corrections officials said they were unaware of the judge's ruling until informed by The Associated Press and could not immediately comment.

The judge ruled that Olson failed to prove that her release was anything other than an error. He also dismissed her objection that parole officials had failed to detail how they recalculated her proper release date, which is March 2009.

He also rejected Olson's claim that she was so severely harmed by her release and re-arrest that she should be freed again.

"She was paroled for four days before being re-incarcerated," Cecil wrote. "Although Petitioner had reunited with her husband, she had not had steady employment and successful reintegration into the community."

Olson was notified of the mistake March 21 at Los Angeles International Airport as she was about to board a flight for Minnesota, where she had lived as a fugitive for 25 years until she was captured in 1999.

Objections from prosecutors and relatives of the woman slain during the Sacramento-area bank robbery prompted the corrections department to review her sentence.

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