personally escort [Enron CEO] Ken Lay to an 8-by-10 cell that he could share with a tattooed dude who says, 'Hi, my name is Spike, honey'". This remark was widely condemned as an endorsement of prison rape. Lockyer later apologized for the statement in a letter to the Los Angeles Times, saying, "My anger over the activities of energy barons doesn't come close to my lifelong outrage at the crime of rape. ... I guess I let my anger get the better of me in talking about the mercenary corporate executives who are making life so miserable for millions of Californians." Auto industry global warming lawsuit On September 20, 2006, Lockyer filed a lawsuit against what his office referred to as "the big six automakers" for their alleged contributions to global warming. Initial reaction was mixed, with some environmental groups being supportive, and an auto industry trade calling it a 'nuisance suit'. A similar suit in New York had been dismissed by a federal court. The California suit was dismissed on September 17, 2007, with the court saying that "The adjudication of plaintiff's claim would require the court to balance the competing interests of reducing global warming emissions and the interests of advancing and preserving economic and industrial development." Hewlett-Packard scandal While Attorney General, in 2006, Lockyer and his staff conducted a criminal investigation into the Hewlett-Packard pretexting scandal to ascertain whether or not the investigators authorized by Chairman Patricia C. Dunn to discover the source of leaks from within the company illegally obtained the phone records of HP board members and journalists. Charges were subsequently brought against Dunn, which were dismissed by the court in 2007 (while Dunn was battling terminal cancer) in the "interests of justice". Landmark legal cases Silveira v. Lockyer (Restrictions on semi-automatic firearms) Lockyer v. Andrade ("Three-strikes" criminal sentencing) Lockyer v. City and County of San Francisco (Same-sex Marriage) 2003 gubernatorial recall election An initiative to recall newly re-elected Governor Gray Davis qualified for the ballot in July 2003, with a special election, scheduled for October, to include both a referendum on the recall itself and a list of candidates vying to replace Davis if the recall succeeded. With some arm-twisting by U.S. Senator Dianne Feinstein, all the potential Democratic candidates, including Lockyer, agreed not to run, in the hope that this would strengthen Davis' campaign to defeat the recall. At the start, it appeared