CURTIS LEE ERVIN had not seen the moon in 38 years. He was arrested in November 1986, and — until about a year ago — had lived inside San Quentin Rehabilitation Center’s East Block and North Seg housing units since 1991.

Those buildings are where California’s more than 600 condemned prisoners were housed — a place commonly known as Death Row. Today those buildings are empty, and Ervin and approximately 84 other prisoners from “The Row” — a name they use — were housed at California Health Care Facility in Stockton.

Ervin was convicted in Alameda County Superior Court in a murder-for-hire stabbing case and was sentenced to death. However, that sentence was overturned and a federal judge in August 2024 ordered at the request of state Attorney General Rob Bonta that he be released or receive a new trial. He was eventually re-sentenced for manslaughter and was paroled on Aug. 25.

“It’s been a long time coming,” said Ervin, who is a 72-year-old African American. “I saw the moon.”

From all appearances, Ervin is in good physical shape, notwithstanding having a herniated disc in his back. He wears eyeglasses, has a full head of gray hair and wears a neatly shaped gray beard, and stands 5 feet, 9 inches. He’s also a practiced jazz guitar player.

In the end, it was misconduct involving race that violated Ervin’s constitutional right to a fair trial and led to his change in sentence.

Judge cites bias in jury selection

U.S. District Judge Vince Chhabria cited in the August 2024 order what is known as a Batson-Wheeler motion in which Ervin’s attorneys alleged that potential Black jurors in his trial were improperly excused. Batson motions are made when a party alleges a challenge is made based on a juror’s race, religion, or other group.

In 2019, Gov. Gavin Newsom placed a moratorium on the death penalty in California. By the end of 2024, he removed all condemned prisoners from The Row, including Ervin.

“It was a blessing,” said Ervin. “Especially after [President Bill] Clinton’s AEDPA (Antiterrorism and Effective Death Penalty Act). Peoples’ time was running out.”

Upon arrival at the facility in Stockton a year ago, with his handcuffs and shackles removed after four decades, Ervin said, “It felt like a country club,” adding, “And it still feels that way.”

In Ervin’s 38 years behind bars, he has amassed a collection of obituaries. “My first was pops,” he said.

Society has changed over the last four decades, though, and Ervin caught a glimpse of it. When he returned to court for re-sentencing, he had to pass through the county jail system. He said it was shocking to hear so many young Black men using the N-word.

“Ninja, ninja, ninja” are the words he used to describe their conversations.

“What the heck is this?” Ervin asked himself.