A father sentenced to 15-years-to-life in prison for the death of a nearly two-year-old girl has been granted early parole.
Herbert Brown III was arrested in February 2013 after police responded to a Paso Robles home where 22-month-old Lily was found unresponsive with visible injuries to her head and body.
Lily was transferred to a Bay Area hospital where she died a short time later. Investigators said she'd been abused, suffering injuries, including a fractured skull, consistent with being hit with great force against a hard object and vigorous shaking.
Brown initially pleaded not guilty but in September 2015, about a week before a jury trial was scheduled to begin, changed the plea to no contest to second-degree murder.
The following month, Brown was sentenced to 15-years-to-life in prison.
After serving 12 years, Brown, 41, now identifies as a woman, going by the name Allie Hazel Brown, and is currently being held at the Substance Abuse Treatment Facility and State Prison in Corcoran.
Brown was first up for parole in April 2023, but was denied.
At a parole suitability hearing in October 2024, despite objections from the San Luis Obispo County District Attorney's Office and Lily's mother, Brown was granted parole.
In the DA's argument against Brown's release, they cited that Brown had previously committed domestic violence against Lily's mother and that Brown had told several versions of what caused Lily's injuries, initially blaming the family dog then later saying the abuse was the result of Brown going through methamphetamine withdrawals. The argument also stated that a doctor rated Brown a "higher moderate risk for violence" and that she'd been written up for violent conduct as recently as 2022.
In March of this year, Governor Gavin Newsom referred the parole board's decision back to the full board for review. Just this week, the board affirmed the decision to grant Brown parole.
San Luis Obispo County District Attorney Dan Dow released a statement Thursday, saying, "It is shameful for the Parole Board to grant Herbert David Brown III early release from prison. Mr. Brown was convicted of murdering his own 22-month young daughter Lily due to abuse he inflicted upon her while he was using and under the influence of methamphetamine. Brown, who now identifies as a woman and goes by the name 'Allie Brown,' was sentenced to serve 15-years-to-life and should have served every day of the 15 years before being considered for possible parole. I ask the Board of Parole Hearings: 'Where is the justice for Baby Lily?'"
A date for Brown's release has not yet been set.
