Newsom Parole Board Approves Second Toddler Murderer’s Release in Recent Weeks

The California Board of Parole Hearings has once again ignited national outrage by approving the release of a convicted child murderer—this time, Herbert David Brown III, who was convicted of the brutal killing of his 22-month-old daughter, Lily Brown.

The decision comes amid a growing pattern in California of early releases for violent offenders, particularly those who have taken the lives of children. Brown’s release marks the second such case in just weeks, raising serious concerns about the direction of California’s criminal justice system under Democratic leadership and the dangerous consequences of so-called “criminal justice reform” measures backed by Governor Gavin Newsom.

Brown pleaded no contest to second-degree murder and was sentenced to 15 years to life in prison for the horrific 2012 crime. His infant daughter was found dead with a fractured skull and other traumatic injuries. Authorities revealed that Brown, who was high on methamphetamine at the time, inflicted these injuries while allegedly in a paranoid state. Despite the shocking details of the crime and a clear history of drug abuse and violence, Brown is now set to walk free after serving only 12 years of his sentence.

San Luis Obispo County District Attorney Dan Dow, who prosecuted the case, is pushing back hard against the decision. Dow has called on Governor Newsom to exercise his constitutional authority to reverse the parole board’s decision, warning that Brown poses an ongoing threat to public safety. According to Dow, Brown only began expressing remorse after he learned it would help him secure parole—a tactic often used by inmates coached by prison consultants and activist attorneys.

Adding further controversy, Brown now identifies as a transgender woman, a change that some critics argue has been used strategically to gain leniency in California’s increasingly politicized parole system. Brown was assessed in 2023 as a “higher moderate” risk for future violence—a significant red flag that, under a more balanced justice system, would have led to parole denial.

This isn’t the first time Brown’s release has been considered. The board initially granted parole in October 2024, but after public pressure, Governor Newsom referred the matter back for further review. Despite clear opposition from law enforcement and community members, the parole board reaffirmed its decision on April 22, 2025.

This parole board decision mirrors the release of another child killer, Josue Herrera, who was convicted of torturing and murdering his girlfriend’s 2-year-old son. Herrera, like Brown, benefitted from the same legal environment fostered by Proposition 57, a ballot measure passed in 2016 with strong support from Newsom and California Democrats. The measure, marketed as a tool to reduce prison overcrowding by releasing so-called “non-violent offenders,” has had devastating loopholes—allowing murderers, rapists, and abusers to be classified in ways that make them eligible for early release.

Incredibly, under California law, second-degree murder is not legally classified as a “violent felony” for the purposes of early release, despite its obvious brutality. This absurd legal classification allows convicted murderers like Brown to accumulate early release credits through good behavior, education programs, and self-help courses. In some cases, inmates can shave years off their sentences for as little as participating in yoga, journaling, or watching educational videos—hardly an adequate substitute for justice.

Critics say the parole board has become a rubber-stamp machine for radical criminal justice ideology, prioritizing rehabilitation and equity over accountability and public safety. District Attorney Dow strongly condemned the decision, saying, “Precious Lily deserves better. This isn’t justice. This is betrayal—betrayal of her memory, her family, and every Californian who believes in the rule of law.”

California’s Constitution grants Governor Newsom the ability to reverse the parole board’s decisions for convicted murderers within a 30-day window, a power he has used selectively in the past. Dow and community leaders are urging citizens across the state to contact the Governor’s office and demand immediate action to prevent Brown’s release. As of now, no final release date has been set, but the countdown to Newsom’s deadline is already ticking.

This case exposes a broader failure of California’s progressive justice policies. Under Governor Newsom, California has seen a significant increase in violent crime, rampant homelessness, open-air drug markets, and a parole board that appears more interested in social engineering than justice. The message sent by Brown’s potential release is chilling: even if you brutally murder your child, serve a fraction of your sentence, and play the system well enough, California may still let you go free.

The public outrage over this case is not just about one man—it’s about a deeply broken system that prioritizes ideology over safety. Lily Brown, a helpless toddler, was brutally murdered by her own father. Her life was stolen. Her suffering was unimaginable. If California’s justice system can’t protect children like Lily, then what is it really protecting?

As pressure mounts, all eyes now turn to Governor Newsom. Will he stand with victims and families, or will he continue to bow to the radical criminal justice lobby that sees even the most heinous offenders as victims of the system? The answer may define the future of California’s justice system—and the safety of its citizens.