SAN DIEGO (AP) — U.S. Sen. Robert F. Kennedy’s assassin was granted parole Friday after two of RFK’s sons spoke in favor of Sirhan Sirhan’s release and prosecutors declined to argue he should be kept behind bars.

The decision was a major victory for the 77-year-old prisoner, though it does not assure his release.

The ruling by the two-person panel at Sirhan’s 16th parole hearing will be reviewed over the next 90 days by the California Parole Board’s staff. Then it will be sent to the governor, who will have 30 days to decide whether to grant it, reverse it or modify it.

Douglas Kennedy, who was a toddler when his father was gunned down in 1968, said he was moved to tears by Sirhan’s remorse and he should be released if he’s not a threat to others.

“I’m overwhelmed just by being able to view Mr. Sirhan face to face,” he said. “I think I’ve lived my life both in fear of him and his name in one way or another. And I am grateful today to see him as a human being worthy of compassion and love.”

The New York senator and brother of President John F. Kennedy was a Democratic presidential candidate when he was gunned down June 6, 1968, at the Ambassador Hotel in Los Angeles moments after delivering a victory speech in the pivotal California primary.

Sirhan, who was convicted of first-degree murder, has said he doesn’t remember the killing.

His lawyer, Angela Berry, argued that the board should base its decision on who Sirhan is today.

Prosecutors declined to participate or oppose his release under a policy by Los Angeles County District Attorney George Gascón, a former police officer who took office last year after running on a reform platform.

Gascón, who said he idolized the Kennedys and mourned RFK’s assassination, believes the prosecutors’ role ends at sentencing and they should not influence decisions to release prisoners.

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

SAN DIEGO (AP) — The youngest son of U.S. Sen. Robert F. Kennedy spoke Friday in favor of paroling his father’s assassin at a hearing in which prosecutors declined to attend to argue he should be kept behind bars.

Douglas Kennedy, who was a toddler when his father was gunned down in 1968, said he was moved to tears by Sirhan Sirhan’s remorse and should be released if he’s found to not be a threat to others.

“I’m overwhelmed just by being able to view Mr. Sirhan face to face,” he said. “I think I’ve lived my life both in fear of him and his name in one way or another. And I am grateful today to see him as a human being worthy of compassion and love.”

Sirhan, who was in a blue prison uniform with a paper towel folded like a handkerchief and tucked into his pocket, smiled as Kennedy spoke.

Sirhan Sirhan, 77, told members of the California Parole Board at this 16th bid for freedom that he had learned to control his anger and was committed to living peacefully.

“I would never put myself in jeopardy again,” he said. “You have my pledge. I will always look to safety and peace and non-violence.”

Some Kennedy family members, Los Angeles law enforcement officers and the public submitted letters opposing Sirhan’s release, Parole Board Commissioner Robert Barton said at the start of the proceeding held virtually Friday, where Sirhan appeared from San Diego County prison.

“We don’t have a DA here, but I have to consider all sides,” Barton said, noting it would consider arguments made in the past by prosecutors opposing his release, depending on their relevance.

Los Angeles County District Attorney George Gascón, a former police officer who took office last year after running on a reform platform, says he idolized the Kennedys and mourned RFK’s assassination but is sticking to his policy that prosecutors not influence decisions to release prisoners.

That decision is best left to board members who can evaluate whether Sirhan has been rehabilitated and can be released safely, Gascón told The Associated Press earlier this year. Relitigating a case decades after a crime should not be the job of prosecutors, even in notorious cases, he said.

Sirhan has served 53 years for the murder of the New York senator and brother of President John F. Kennedy. RFK was a Democratic presidential candidate when he was gunned down at the Ambassador Hotel in Los Angeles moments after delivering a victory speech in the pivotal California primary.

Sirhan, a Christian Palestinian from Jordan, has acknowledged he was angry at Kennedy for his support of Israel.

When asked about how he feels about the Middle East conflict today, Sirhan broke down crying and temporarily couldn’t speak.

“Take a few deep breaths,” said Barton, who noted the conflict had not gone away and still touched a nerve.

Sirhan said he doesn’t follow what’s going on in the region but thinks about the suffering of refugees.

“The misery that those people are experiencing. It’s painful,” Sirhan said.

If released, Sirhan could be deported to Jordan, and Barton said he was concerned he might become a “symbol or lightning rod to foment more violence.”

Sirhan said he was too old to be involved in the Middle East conflict and would detach himself from it.

“The same argument can be said or made that I can be a peacemaker, and a contributor to a friendly nonviolent way of resolving the issue,” Sirhan said.

Paul Schrade, who was wounded in the shooting, also spoke in favor of his release.

Robert F. Kennedy Jr., who has spoken in favor of Sirhan’s release in the past, wrote in favor of paroling Sirhan.

Sirhan’s defense attorney, Angela Berry, said argued that the board’s decision should be based on who Sirhan is today and not about past events, which is what the board has based its parole denials on before. She said she plans to focus on his exemplary record in prison and show that he poses no danger.

“We can’t change the past, but he was not sentenced to life without the possibility of parole,” Berry told the AP on Thursday. “To justify denying it based on the gravity of the crime and the fact that it disenfranchised millions of Americans is ignoring the rehabilitation that has occurred and that rehabilitation is a more relevant indicator of whether or not a person is still a risk to society.”

Sirhan’s hearing was being presided over by a two-person panel that usually announces its decision the same day. After that, the Parole Board staff has 90 days to review the decision, and then it is handed over to the governor for consideration.

Sirhan was sentenced to death after his conviction, but that sentence was commuted to life when the California Supreme Court briefly outlawed capital punishment in 1972. At his last parole hearing in 2016, commissioners concluded after more than three hours of intense testimony that Sirhan did not show adequate remorse or understand the enormity of his crime.

Berry said California laws approved since 2018 support her case. One she plans to point out to the board favors releasing certain older prisoners who committed crimes at a young age when the brain is prone to impulsivity. Sirhan was 24 at the time of the assassination.

Barton the board was required to give “great weight” to youth parole eligibility.

Sirhan has in the past stuck to his account that he doesn’t remember the killing. However, he has recalled events before the crime in detail — going to a shooting range that day, visiting the hotel in search of a party and returning after realizing he was too drunk to drive after downing Tom Collins cocktails.

Just before the assassination, he drank coffee in a hotel pantry with a woman to whom he was attracted. The next thing he has said he remembered was being choked and unable to breathe as he was taken into custody. At his 2016 hearing, he said he felt remorse for any crime victim but couldn’t take responsibility for the shooting.

Sirhan told the panel then that if released, he hoped he would be deported to Jordan or live with his brother in Pasadena, California.

After 15 denials for his release, Berry said it’s difficult to predict how much of an impact the prosecution’s absence will have on the outcome.

“I like to think it’ll make a difference. But I think everybody is not impervious to the fact that this is political,” she said.

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