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Schwarzenegger Clemency Nunez.JPGThe family of a young man killed in an altercation with former Speaker Fabian Núñez's son plans to file a lawsuit Thursday against former Gov. Arnold Schwarzenegger because of a prison sentence commutation.

The family of Luis Dos Santos, a student stabbed to death in San Diego in 2008, plan to file a lawsuit in Sacramento Superior Court accusing Schwarzenegger of violating their constitutional rights under "Marsy's Law," according to the family's attorneys.

Marsy's Law, a voter-approved 2008 constitutional amendment, requires victims of crimes, including family, be notified of parole hearings in advance so they have a chance to be heard at a hearing.

On Jan. 2, his last day in office, Schwarzenegger used his executive power to reduce the sentence of Esteban Núñez, the former speaker's son, from 16 to seven years in prison.

The younger Núñez, Schwarzenegger said in a message, had not wielded the knife that killed Santos and had no prior criminal record. It was excessive to give him the same sentence as the attacker who used the knife, Schwarzenegger said.

Prosecutors said Esteban Núñez did stab another man. He pleaded guilty to voluntary manslaughter for Santos' killing and assault with a deadly weapon in connection with his attack on another man.

Fred and Kathy Santos, Luis' parents, will attend a press conference in Sacramento on Thursday, said Kelli Reid, spokeswoman for the family's attorneys, Nina Salarno Ashford and Laura Strasser.

San Diego Deputy District Attorney Jill DiCarlo, who prosecuted Santos' attackers, will attend the 11 a.m. press conference at the Sacramento County Courthouse with representatives of Parents of Murdered Children and others, Reid said.

PHOTO CREDIT: In this Wednesday, March 18, 2009, file photo, former California Assembly Speaker Fabian Núñez, right, and his son Esteban Núñez, left, leave a hearing in Superior Court in San Diego. (AP Photo/ Denis Poroy, File)



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