Small: Proposed commutation rules unwise

Proposed commutation rules unwise

By Jonathan Small

Oklahoma law allows individuals convicted of crimes to seek a commutation, which changes their sentence to one less severe, in situations where officials determine an unjust or excessive sentence has been handed down.

For example, after Oklahoma voters chose to lower the penalties for certain property crimes a few years ago, individuals previously convicted of those same crimes for the prior longer sentences were able to seek commutations.

Bill to keep Pardon & Parole Board from politicizing cases passes House committee

House Committee Passes Pardon and Parole Board Reform Act

OKLAHOMA CITY – To keep punishment decisions for the most heinous crimes out of the hands of political appointees and with courts and juries, where they belong, Rep. John Pfeiffer, R-Orlando, advanced legislation Wednesday restricting the Pardon and Parole Board from exceeding its jurisdiction on death penalty and life without parole cases.

“The Pardon and Parole Board’s controversial, unprecedented actions last year in the death penalty cases of Julius Jones and others exposed a major loophole in state law that threatens proper separation of powers in government,” Pfeiffer said. “Trial and appellate courts of the judicial branch, not agencies of political appointees in the executive branch, are the proper venues for appeals on legal procedure or wrongful conviction. The Pardon and Parole Board’s function is not to re-litigate already-adjudicated and repeatedly appealed cases like that of Julius Jones, but to assess inmates’ applications for clemency with impartiality. This bill restores proper balance to the board’s duties.”

First Year: Stitt signs 774 commutations, 290 pardons, 101 paroles

GOVERNOR STITT SIGNS 774 COMMUTATIONS, 290 PARDONS, 101 PAROLES IN FIRST YEAR

OKLAHOMA CITY (January 14, 2020)— On the one-year anniversary of Governor Kevin Stitt’s inauguration, Gov. Stitt announced today he signed 62 commutations, 93 pardons and 23 paroles, bringing the total signed during his first year to 774 commutations, 290 pardons and 101 paroles.

“This has been a historic year for criminal justice reform in Oklahoma,” said Gov. Stitt. “Under new leadership in the Oklahoma Department of Corrections and at the Pardon and Parole Board, the Board’s favorable recommendations increased by 225% over last year. I applaud everyone’s hard work and thorough management of a significant increase in casework without needing additional funds. The most impactful changes come when the right leaders are in place in state agencies, operating with a shared vision. My administration remains committed to pursuing bold changes in criminal justice reform over the next few years, to include reforming the criminal code and changing the culture in state prisons to help people return as productive members of society.”

On November 1, 2019, Gov. Stitt signed the largest single-day commutation in U.S. history, commuting the sentence of 523 non-violent, low-level offenders that were recommended by the Pardon and Parole Board under the HB 1269 docket.

This historic commutation docket was the result of months-long collaboration between the Governor’s Office, the Department of Corrections, the Pardon and Parole Board, non-profit volunteers and other state agencies. On November 4, 2019, Gov. Stitt and First Lady Sarah Stitt greeted the 55 women at the Eddie Warrior Correctional Facility that were released through the HB 1269 docket.

With the leadership of the Governor’s Office, Pardon and Parole Board, and dozens of nonprofits, the Oklahoma Department of Corrections also held its first-ever transition fairs for inmates at 28 facilities across the state. More than 200 people from 45 community partners, nonprofits and state agencies attended the fairs to help provide inmates with the support and resources needed in order to successfully reintegrate into society. These fairs connected 781 inmates with information and tools to help them prepare to leave the criminal justice system and return to their families and friends.

Additional criminal justice reform highlights from Gov. Stitt’s first year in office include:

• Invested in drug courts and diversion programs in the FY 20 budget. 
• Reformed in the FY 20 budget how District Attorney Offices are funded so they are not reliant on high fines, fees and court costs.
• Called for and signed into law HB 1373, implementing licensing reform to help remove a major barrier for former offenders to access work opportunities.
• Called for and signed HB 1269, approving an expedited commutation process to release offenders currently incarcerated on low level drug possession crimes or any other felony that would now be considered a misdemeanor due to changes in law.
• Provided correctional officers with a $2 per hour pay increase.
• Issued EO 2019-41 to address the crises of contraband cellphones in state prisons across Oklahoma.

AG Hunter applauds Trump's pardon of Michael Behenna

Attorney General Hunter Applauds President Trump’s Pardon of Michael Behenna 

OKLAHOMA CITY - Attorney General Mike Hunter today released the following statement, praising President Donald Trump after granting a full pardon for former U.S. Army 1st Lt. Michael Behenna.

The president’s pardon comes weeks after the attorney general renewed his 2018 call for Behenna’s pardon by sending letters to President Trump and Attorney General William Barr, where Attorney General Hunter argued the U.S. Department of Justice regulations interfered with the president’s pardon powers.

“I commend President Trump’s decision to grant a full pardon for Mr. Behenna,” Attorney General Hunter said. “Mr. Behenna served his country with distinction, honor and sacrifice. He has admitted to his mistakes, has learned from them and deserves to move on from this incident without living under its cloud for the rest of his life. My hope is that Michael and the rest of his family can rest easy this evening knowing they can put this tragic situation behind them. 

“Again, I applaud President Trump and his team for acting on Mr. Behenna’s case and giving him back the freedoms he deserves.”

Behenna was convicted in 2009 of killing a suspected terrorist in Iraq while searching for individuals responsible for an IED attack that took the lives of two men under his command. He was paroled in 2014 after serving five years of a 15-year sentence.

A press statement from the White House read in part, “Mr. Behenna’s case has attracted broad support from the military, Oklahoma elected officials, and the public.  Thirty-seven generals and admirals, along with a former Inspector General of the Department of Defense, signed a brief in support of Mr. Behenna’s self-defense claim.  Numerous members of the Oklahoma congressional delegation, Oklahoma’s then-Governor Mary Fallin, and current Oklahoma Attorney General Mike Hunter have also expressed support for Mr. Behenna.  Further, while serving his sentence, Mr. Behenna was a model prisoner.  In light of these facts, Mr. Behenna is entirely deserving of this Grant of Executive Clemency.”

AG Hunter renews pardon request for fmr. Army 1LT Michael Behenna

Attorney General Hunter Renews Pardon Request for Former Army 1st Lt. Michael Behenna

Letters to Pres. Trump, AG Barr, argue that current DOJ regulations interfere with president’s pardon powers

OKLAHOMA CITY – Attorney General Mike Hunter has renewed his call for a presidential pardon for former U.S. Army 1st Lt. Michael Behenna in recent letters sent to President Donald Trump and Attorney General William Barr.

Last year, Attorney General Hunter asked President Trump to grant Behenna a pardon. The Department of Justice (DOJ) subsequently ruled that Behenna was ineligible to even apply for a pardon under its regulations and that he did not merit a waiver.

In the letters, Attorney General Hunter argues that current DOJ regulations wrongly interfere with the president’s broad pardon power under the U.S. Constitution by banning significant numbers of eligible persons, including Behenna, from applying for a pardon.

The DOJ bars all individuals currently incarcerated from applying for a pardon, as well as those who have been released in the last five years and those who are on parole, probation, or supervised release. Behenna will remain on parole until 2024.

Despite the regulations being advisory only, they are used internally for DOJ personnel to determine which applications get forwarded. The rule also states that petitioners may make a written request for a waiver, but the waiver is rarely granted and only in the most exceptional circumstances. All requests for pardons must go through the DOJ.

“The U.S. Constitution gives the president nearly absolute authority to pardon people from federal crimes,” Attorney General Hunter said. “For DOJ officials to use such strict regulations in determining who can even apply, they are interfering with the president’s prerogative and eliminating the ability for hundreds of thousands of eligible people, like Mr. Behenna, to have their case reviewed. I strongly encourage Attorney General Barr to review and revise the regulations to better align with the president’s authority under the Constitution.

“Likewise, I implore President Trump to review Mr. Behenna’s case and strongly consider granting him a pardon. He courageously served his country in combat in Iraq and he has more than paid for his mistakes and misjudgments in attempting to root out terrorism.”

Behenna was convicted in 2009 of killing a suspected terrorist in Iraq while searching for individuals responsible for an IED attack that took the lives of two men under his command. He was paroled in 2014 after serving five years of a 15-year sentence.

Read the letter to President Trump and Attorney General Barr, here: https://bit.ly/2KFyFDJ.

Bush Pardons Oklahoman, 13 Others

President Bush issued 14 pardons today, his first since March (he has less than two months to issue pardons). The crimes ranged from tax evasion, bank embezzlement, drug crimes, and theft of government property.

More on the pardons:

Bush has been stingy during his time in office about handing out such reprieves.

Including these actions, he has granted a total of 171 and eight commutations. That's less than half as many as Presidents Clinton or Reagan issued during their time in office. Both were two-term presidents.
(full article)

Among those the President pardoned: Paul Julian McCurdy, of Sulphur, OK. McCurdy had been sentenced for misapplication of bank funds.