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Wednesday, January 11, 2012

Gov. Barbour's Wild Clemency Ride

BERJAYA
On his last day in office Mississippi Governor signed individual clemency warrants for 209 individuals. It was quite the stunt for a guy who used clemency a mere 8-12 times (depending on who is counting) since entering the office in 2004.

Unusual for a batch of clemency decisions these days, this pile had a kind of relevancy about it. Five offenses were committed way back in the 1960s. Fifteen were committed in the 1970's and forty-five were committed in the 1980's. But, amazingly, 71 were committed in the 1990's and 71 more in the 2000's.  The oldest offense 51.3 years ago. But the average offense was committed 17 years ago. The most recent, just over a year.

Oh, the offenses are generally of the usual sort, drugs, lots of drugs ... possession, selling, buying, producing, etc. And there is a bit of robbery and burglary along the way. And, there's the notable person, or two, like former Packer quarterback Brett Favre's older brother. Fourteen of the warrants are suspensions of sentence for medical reasons. Then again, there are quirky offenses: gratification of lust (oooo!), conspiracy to commit vote fraud (punished by house arrest), possessing crystal meth near a church, cyberstalking and the like.

The signs of a last-minute rush abound. 63 percent of the warrants do not even list the sentences that were given to recipients. Other critical dates are missing right and left. A man named Turner was pardoned. But he has actually been dead for some time, since 1999. The warrant doesn't say when he was convicted, if he died in prison, or anything about why he was pardoned. Which seems odd given the fact that, well, he is dead, and given the fact that someone took the time to note an arsonist from the 1960's was now living a "good, productive and useful life." Clarence Tyer's clemency warrant actually reads like this:
Whereas Clarence Crawford Tyer, Jr. was discharged on; and Now, therefore, I, Haley Barbour ...
Someone needs to slow down a bit here!

Only one of Barbour's warrants explicitly used the phrase "commutation of sentence," but no less than 22 of the decisions reduced the severity of sentence by abruptly ending probation (3) or parole (4) or moving forward tentative "release" (3) or "discharge" (7) dates. Barbour cut over a year off of one individual's need to be under supervision, following a felony arrest for a 3rd D.U.I. Of course, this was all pretty good news for a man named Tate, who was looking at a release date of 2063. Another was looking at a tentative release date of 2025 for D.U.I. homicide.

15 of Barbour's recipients had multiple convictions, in multiple years. Almost 30 were found guilty of murder, manslaughter, accessory to murder or the like. One third of them were originally sentenced to life in prison. It appears three literally walked right out of prison (Harper, Kambule and Irby).

Yes, it was a classic example of just about every thing the pardon power should not be. The only thing that seems to be missing, for now, is some hint of "politics" (donors, supporters, friends, relatives, inside influence and the like). But, give it time. Barbour clearly could have spread these decisions over a period of months, if not years, making each one a little more well-considered, a little less suspicious looking and - for those who really were deserving - something barely worth public celebration. But, no, a Republican governor, in the South, and potential presidential nominee has to keep up appearances.

One thing we can say for certain, now, Barbour will not be considering a run for the presidency any time in this lifetime.

Tuesday, January 10, 2012

Mississippi: Tip of an Iceberg?

BERJAYA
The Associated Press reports here that "dozens" of others have been pardoned by outgoing Governor Barbour. The Sun Herald confirms here that it is uncertain just how many there were. The Clarion Ledger here says the list may include more than 200 (after granting maybe 8 pardons through his first 8 years in office)! Geoff Pender, of the Sun Herald, informs us:
he's (Barbour's) been filing them as individual executive orders. We have the full list now, though. He just pardoned/granted clemency to more than 200 people today.
See Barbour's overall clemency record here. A new .pdf including the recent 200 plus acts of clemency can be found here! Among them, Earnest Scott Favre, the brother of former Packer quarterback Bret Favre, who was involved in a DUI that resulted in a death in 1997. Here are Barbour's pardons by year:

2004 - 0
2005 - 0
2006 - 0
2007 - 0
2008 - 5
2009 - 0
2010 - 2
2011 - 1
2012 - 200 plus!

Post on Barbour Pardons

The Washington Post notes outgoing Mississippi Gov. Haley Barbour "has pardoned at least four convicted killers who worked as inmate trusties at the Governor’s Mansion, including a man who was denied parole less than two weeks ago." According to the Post, the pardon "outraged victims’ relatives" and Democratic lawmakers are calling "for an end to the custom of governors’ issuing such end-of-tenure pardons." Good luck with that!

Among those benefiting from Barbour's decision making are:
David Gatlin, convicted of killing his estranged wife in 1993; Joseph Ozment, convicted in 1994 of killing a man during a robbery; Anthony McCray, convicted in 2001 of killing his wife; Charles Hooker, sentenced to life in 1992 for murder; and Nathan Kern, sentenced to life in 1982 for burglary after at least two prior convictions.
Gatlin was sentenced to life in prison and the Mississippi Parole Board turned down his parole request on Dec. 27. His next hearing was scheduled for October. McCray pleaded guilty to killing Jennifer Bonds McCray in a cafe in 1991. Ozment was sentenced to life for a slaying which happened during a robbery. But the Post notes:
Barbour’s three predecessors, dating back to 1988, gave some type of early release or pardon to a total of 12 Governor’s Mansion trusties. All but two of them had been convicted of murder. One was serving time for forgery and another for armed robbery and aggravated assault.
 See Post article here.

Monday, January 9, 2012

Mississippi: Barbour Pardons Gatlin!

The Sun-Herald reports Gov. Haley Barbour (who will leave office on Tuesday) has granted clemency to David Glenn Gatlin, "who was convicted of murder, aggravated assault and burglary in 1993." Family members of the victim are said to be both "outraged and fearful" over Gatlin’s early release. See full story here.

Thursday, January 5, 2012

Delaware: Call for Clemency

The following is being released by RobertGattisClemency.com:

Prominent individuals from across Delaware and the Tri-State area today called on the Delaware Board of Pardons to recommend and Governor Jack Markell to grant clemency to Robert Gattis. Mr. Gattis is scheduled to be executed on January 20, 2012 for the killing of his former girlfriend, Shirley Slay. He seeks to have his death sentence commuted to a sentence of life without the possibility of parole.

Letters urging clemency were delivered to the Board of Pardons and the Governor today from twenty-five former judges and prosecutors, 73 faith leaders, and numerous mental health and legal professionals.

Distinguished individuals from Delaware, New Jersey and Pennsylvania supporting clemency include: Carl Schnee, former U.S. Attorney, District of Delaware; John Gibbons, former Chief Judge of the U.S. Court of Appeals for the Third Circuit; Deborah Poritz, former Chief Justice of the New Jersey Supreme Court and former Attorney General of New Jersey; Bishop Peggy A. Johnson of the United Methodist Church in the Peninsula-Delaware Conference; Most Reverend Francis Malooly, Catholic Bishop of the Diocese of Wilmington; Reverend James L. Moseley, Executive Presbyter of New Castle Presbytery in Newark, DE; Rabbi Michael Beals of Beth Shalom in Wilmington; Bishop Aretha Morton of Tabernacle Full Gospel Baptist Cathedral in Wilmington; and James Lafferty, Executive Director of the Mental Health Association in Delaware.

Mr. Gattis was the victim of extreme childhood sexual abuse that neither the judge nor the jury was aware of at the time of his trial. As a pre-school child and through his teenage years, Mr. Gattis was raped and molested by a series of perpetrators, including both male and female family members. He suffered severe beatings and humiliation by his step-father and biological father and often witnessed the men beating his mother and other family members. Experts have called the abuse and neglect Mr. Gattis suffered as a child "catastrophic."

In their letter to the Board and the Governor, the former judges and prosecutors wrote: "The death penalty must be reserved for the worst of the worst offenders. As former judges and prosecutors, we can attest that Mr. Gattis is not the worst of the worst by any measure. Mr. Gattis deserves to be punished for his crime and separated from free society, but he does not deserve to be executed."

Having observed Mr. Gattis' genuine commitment to rehabilitation over twenty-one years in prison, corrections officers support his petition for clemency. Mr. Gattis' clemency petition includes statements from four corrections officers who describe him as a positive role model for younger inmates and a peacemaker in prison conflicts. In addition, Mr. Gattis has been a loving father to two sons and their young families as well as a devoted uncle, brother, friend, and mentor to nieces, nephews, and many other young people.

In their letter, the faith leaders wrote: "Sparing Robert's life is an act of mercy that represents Delaware at its best . . . . His true remorse and contrition are clearly evident in how he has lived his life in prison for twenty-one years where he has shown real, genuine and sustained commitment to redemption and rehabilitation."

The childhood sexual abuse was often violent and occurred when Mr. Gattis was left in the care of family members who should have protected him. As a small child, he showed signs of trauma, but no one intervened to help him.

Mental health professionals wrote: "His abuse resulted in compulsive behaviors, self harm, suicide attempts and substance abuse. Mr. Gattis has been diagnosed as suffering symptoms from severe psychiatric conditions including Post-Traumatic Stress Disorder, Major Depression and Borderline Personality Disorder . . . . [But] it is not too late to help Robert Gattis and prevent the additional suffering which will come from his execution."

In a separate letter, Dr. Steven J. Berkowitz, Associate Professor of Clinical Psychiatry at the University of Pennsylvania and Director, Penn Center for Youth and Family Trauma Response and Recovery, discussed the ironic contradiction between Delaware's response to the tragic sexual abuse scandal in the State and Mr. Gattis' scheduled execution: "The State of Delaware appropriately reacted with tremendous concern and financial support for the children sexually abused by Dr. Bradley with the knowledge that they could possibly experience life-long impairment, including violent behavior, if not treated. Yet Mr. Gattis, who suffered severe sexual and physical abuse and other traumatizing experience as a child, received no intervention or treatment and is now sentenced to death for behaving in the very way that the State has worked so hard to prevent for the children abused by Dr. Bradley."
As the former judges and prosecutors state, the death penalty is intended to be reserved for the worst of the worst, but Mr. Gattis is not the worst kind of offender by any means. Mr. Gattis' clemency petition details numerous other offenders in Delaware who committed crimes similar to Mr. Gattis' and were sentenced to life in prison or a term of years. The existence of these cases suggests that Mr. Gattis' death sentence was disproportionate to the crime.

To view some of the letters delivered today, please go to: http://www.robertgattisclemency.com/Support-for-Clemency.html

The clemency petition and more information about the Robert Gattis case, can be found at: www.robertgattisclemency.com.

To speak with attorneys for Mr. Gattis, please contact Laura Burstein at laura.burstein@ssd.com or 202-626-6868 .

Wednesday, January 4, 2012

Times to Gov. Brown: Commute!

Noting that the pardon power is "an essential means of justice, allowing a governor to right what the law got wrong," the New York Times is calling on California Governor Jerry Brown of California to commute the sentence of Shirley Ree Smith. Smith was convicted of killing (by shaking) her grandson and has served 10 years of a 15-years-to-life sentence.

The United States Court of Appeals for the Ninth Circuit overturned the conviction in 2006 finding "no demonstrable support” for it (as there no physical or "other" evidence of the severe bleeding or swelling. The court concluded “there has very likely been a miscarriage of justice in this case.”

Five years later, however, the Supreme Court overruled the Ninth Circuit. The effect of the decision is that Smith must complete her sentence ... unless it is commuted. Says the Times:
Ms. Smith has already served 10 years for a crime she likely did not commit. She should not now be made a victim of the Supreme Court’s pique. 
See full Times article here.

Monday, January 2, 2012

Looking Back: The PardonPower Blog in 2011

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It was another great year for the PardonPower Blog. In addition to averaging 2-3 thousand visits a month, we were once again referenced in the major media outlets and continue to benefit from the cross linking of fellow bloggers.

Our top U.S. DMA's are Chicago, New York, San Francisco and Washington, DC. Almost 30 percent of our visitors are "business" related. A quarter of our visitors are "regulars." In 2012, we hope to reach the 300,000 hit mark!

As always, we thank our readers for their questions and kind remarks (many of them off the record). We look forward to another year of service, accuracy and impact.

P.S. Ruckman, Jr., Editor

The Top Ten Clemency Stories of 2011

BERJAYA
10. The West Memphis Three - The Three served almost 18 years before a plea deal allowed for their release. But, Governor Mike Beebe - one of the Nation's most steady dispensers of gubernatorial clemency - announced that he had no intention of granting a pardon. And he will only grant a pardon if there is "compelling evidence" that "someone else was responsible" for the murders the men were accused of.

9. 100,000 Application Backlog in Florida - The Florida Rights Restoration Coalition, a group which aims to have the State's Board of Executive Clemency "simplify" (and speed up) the application process estimates a backlog of 100,000 applications!

8. December Clemency - A study published by the author of this blog, in White House Studies, shows that 1 of every 2 pardons and commutations of sentence granted over the last 39 years has been granted in a single month: December.

7. Biden on Pollard - Vice President Biden does the old good cop bad cop send it up the flag routine re Jonathan Pollard. The White House spends the rest of the year qualifying, backtracking and saying, "Well, you know how crazy old Joe is!"

6. National Archives Pardon Scandal - A notable Lincoln expert is linked to the alteration of a clemency warrant in the National Archives. And you think research is boring stuff !

5. The Case of Kelly Williams-Bolar - Gov. John Kasich commuted the sentence of Kelley Williams-Bolar, who was convicted on felony charges for falsifying information in order to send her children to Copley-Fairlawn City Schools instead of Akron City Schools.

4. Hollywood Fumble I - Ken Burns makes a film on the Prohibition Era and fails to even mention that President Wilson vetoed the Volstead Act, then set records for presidential pardons, many of them granted to persons who violated the National Prohibition Law.

3. Hollywood Fumble II - Robert Redford's film, The Conspirator leaves is quite unclear whether or not the Director understood the dynamics of mercy in the case of Mary Surratt (the first female executed by the Government). The Military Board recommended a commutation of the death sentence to life in prison. But President Andrew Johnson claimed he never saw that recommendation. The presiding judge said Johnson did see it. Regardless, Surratt was not supposed to be hanged and no one thought that she would be (the intent was to draw her son out of hiding). Redford says nothing of the network of horse riders set up to deliver a last-minute pardon or of the complete shock in the aftermath of a female

2. Obama's First Commutation of Sentence - President Obama becomes the slowest Democratic president in history to grant a commutation of sentence.

1. The Department of Justice Audit of the Office of the Pardon Attorney - The Obama Justice Department, most notable for its lack of mercy, decided to "audit" the clemency process under the administration of George W. Bush. The result was a mighty unimpressive, but elaborate amount, of hand wringing regarding how long it took clemency applications to be "processes" at various points along the path to final decision. The conclusion was that many applications are "held up" in the Department's bureaucracy and/or at the White House! Who would have guessed?

Sunday, January 1, 2012

Mississippi: Barbour In Focus

As Gov. Haley Barbour prepares to leave office, Geoff Pender of the Sun Herald is focusing on the potential last-minute use of clemency. To date, Pender says Barbour’s rare use of clemency appears "in line with other recent Mississippi governors in number and frequency." On the other hand, he use of the power has also "brought him many political slings and arrows."
He’s been criticized at times for not granting leniency to convicts, and for some of those he did spring. Though he may have been frugal in granting clemency, several of those he has released had been convicted of violent crimes and given long or life sentences. [Pundits] noted of six killers he had released, four had killed their girlfriends or ex-wives. One, whom he granted a 90-day furlough, had been convicted of kidnapping, robbing, beating and raping a woman in Starkville ... 
So, Mississippi College law professor Matt Steffe asks, reasonably enough, “Aren’t there people serving time for nonviolent crimes, who could be considered without doing further injury to families who have lost women in their lives?"

Pender notes Barbour also "drew outrage" from "victims’ families, law enforcement and lawmakers over the release of two South Mississippi killers" (Michael David Graham and Joseph Goff). On the other hand, he denied clemency requests from Jamie Scott and Gladys Scott, who were given life sentences for their involvement in a 1993 armed robbery.

In discussing the topic with Pender, the Editor of the Pardon Power blog learned that the governor of Mississippi is in a somewhat interesting situation so far as the restoration of civil rights is concerned. It appears that the legislative branch takes on this task, and does so on a regular basis. See full article here. The following list of pardons since 1980 is also provided:

Gov. William Winter:
1. Charles Henry Thomas, 11-30-1983, aggravated assault

Gov. Ray Mabus:
1. Gerald Keats Baldwin Jr., 1-13-1992, burglary
2. Elvin Wayne Wills, 1-13-1992, sale of controlled substance
3. Charley B. Newson, 1-13-1992, grand larceny
4. Calvin Wilks, 1-13-1992, murder

Gov. Kirk Fordice:
1. James Francis Arrington, 6-25-1992, burglary
2. Robert A. Geary III, 7-1-1996, grand larceny
3. Lum R. Cumbest, 5-19-1998, fraud in public office
4. Preston J. Romero Jr., 10-15-1998, grand larceny
5. David Burks Langford, 11-9-1998, sale of controlled substance
6. Everett W. Necaise Sr., 2-1-1999, robbery
7. Walley R. Naylor, 2-1-1999, armed robbery
8. Terry C. Hawkins, 4-16-1999, involuntary manslaughter
9. Billy Roy Pitts, 5-21-1999, arson and murder
10. Rickey Dean Britt, 11-1-1999, grand larceny
11. Roy R. Gerrard, 11-1-1999, embezzlement by a public official
12. Emory M. Wilson, 1-10-2000, armed robbery
13. Marion Lee Upchurch Sr., 1-10-2000, murder

Gov. Ronnie Musgrove:
1. Alex Thomas Bridge, 1-13-2004, possession of marijuana

Gov. Haley Barbour:
1. Paul Joseph Warnock, 7-16-2008, murder
2. Bobby Hayes Clark, 7-16-2008, manslaughter
3. Clarence Jones, 7-16-2008, murder
4. Willie James Kimble, 7-16-2008, murder
5. Michael J. Jones, 6-30-2011, sale of controlled substance

Saturday, December 31, 2011

South Dakota: A Look Inside the Clemency Process

Gov. Dennis Daugaard says the clemency power is one aspect of his job that is "very different.” Dave Nelson, the chairman of State's Board of Pardons and Paroles agrees, noting that that "Even minor convictions can keep people from advancing professionally. It’s a huge deal.” Daugaard says it is "sobering" to review each and every clemency applications and notes poor judgment could result in the release of dangerous persons. So, he considers the severity of the crime and the length of time that has passed.  He and the Board also prefer face-to-face hearings with pardon applicants. Three of its nine members are appointed by the governor, three by the attorney general and three by the Supreme Court.
See story here.

Friday, December 30, 2011

Cuomo: Change (and Pardons) in the Air?

Jim Dwyer, at the New York Times, has written an interesting piece on Andrew Cuomo and criminal justice. It notes that, as a candidate, Cuomo "criticized his opponent for having failed to give a DNA test to a man who was in prison for a murder that he turned out to have had nothing to do with." Dwyer also notes Cuomo once appeared at a party held for a book written by a guy who spent 12 years in prison for "having handled $500 in a drug sting." Says Dwyer:
But Mr. Cuomo made no promises about cashing in on the lessons of the DNA era for reforms during his first year, and didn’t ... He did not lay a glove on a world that he knows well. In addition, it now appears that he will end his first year as chief executive as many other governors and presidents of the last three decades have, by keeping his distance, at least publicly, from the granting of pardons and clemency.
"Insiders" say there this is "likely to change," however, because:
The governor’s advisers are now conducting intensive reviews of requests for pardons or clemency from people serving severe sentences for drug offenses that are no longer punished so harshly, from immigrants who faced deportation over relatively minor crimes in their distant past, and from others who may have been justly convicted but who are serving prison terms that will hollow out their lives, at no benefit to society. For those able to get their cases before the governor’s staff, his power to pardon and grant clemency can be a magical and restorative bullet.
A "chief spokesman" also says, “It is a power that the governor will use practically and methodically to help ensure everyone is treated fairly under the law.” See full article here.

Thursday, December 29, 2011

Haiti: Pardons!

BERJAYA
The Minister of Justice, Pierre Michel Brunache, has announced that, on the occasion of Christmas and New year, President Joseph Michel Martelly intends to pardon at least ten (10) prisoners in each of the 18 jurisdictions of Haiti. Among those benefiting, will be those who have completed at least 75% of their terms and are in prison for "less serious offenses." See story here.

California: Mercy?

Gov. Jerry Brown is reported to be "giving strong consideration" to a clemency petition from Shirley Ree Smith, a 51-year-old grandmother sentenced to 15 years to life in 1997 for causing the death of a child. The conviction (for shaking her infant grandson to death) was overturned by an appeals court but reinstated by the U.S. Supreme Court. So, the clemency petition "relies heavily" on a dissent written by Justice Ruth Bader Ginsburg and signed by Justices Stephen Breyer and Sonia Sotomayor. See more on this fascinating case here.

South Dakota: 16 Pardons, 275 Commutations of Sentence!

South Dakota Gov. Dennis Daugaard has issued 16 pardons which result in the "sealing of arrest, trial and conviction records." Although those documents are kept by state investigators. Among the offenses addressed were: drunken driving, selling or possessing drugs, petty theft, grand theft, burglary, forgery and assault. It is reported that "many" of the pardons were for "convictions that occurred more than a decade ago." Daugaard is also reported to have issued commutations "that reduced prison sentences by up to 90 days for nearly 275 inmates." See full story here.

Venezuela: 141 Pardons

BERJAYA
Hugo Chávez has announced Christmas pardons for 100 male and 41 female prisoners. The Venezuelan's El Universal newspaper reports that the leader also proclaimed: "We must help them build a plan for life so they do not fall down again, because many of them have lost their direction." The decision is also notable for the fact that it came just days after Noam Chomsky and another US academics called on Chávez to "correct an injustice" by releasing Maria Lourdes Afiuni. She was, however, not pardoned.
See full story here.

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