Florida: Restoration of Rights Summit

Mark Schlakman of Florida State University has written an editorial for today's issue of the Tallahassee Democrat. It reports that more 300 "community leaders, advocates, law-enforcement officials and other experts from around the state" will meet at the Capitol today and Wednesday for Florida's first "Restoration of Rights Summit." Participants will focus on "a range of ex-offender re-entry issues, including barriers to employment, transitional housing needs, mental-health problems, delinquent child-support payments and substance abuse."

The article notes Gov. Charlie Crist "probably will tout progress on the rights-restoration front," but emphasizes that "300,000-plus older rights-restoration cases that were initially identified by DOC for review and are still under investigation or were determined to be ineligible for expedited processing by the Florida Parole Commission." As a result, "it is clear that much more needs to be done." Schlakman also writes:

... Chief Financial Officer Alex Sink asked me to develop a strategy. She subsequently distributed copies to Crist, Attorney General Bill McCollum and Agriculture Commissioner Charles Bronson. It calls for the Clemency Board to: (1) modify the long-standing clemency rule that requires ex-offenders to satisfy restitution obligations as a precondition for rights restoration and (2) break the linkage between rights restoration and eligibility for certain jobs and occupational licenses.

Approximately 40 percent of the ex-offenders who were deemed ineligible for expedited processing were disqualified due to outstanding restitution obligations. Ex-offenders should be required to pay all court-ordered victim restitution, but full payment should not be a pre-condition for rights restoration. Apart from clemency, state officials should re-evaluate relevant enforcement mechanisms to facilitate restitution payments to crime victims along the lines of action taken to address delinquent child-support payments.

Once employment eligibility issues are decoupled from the process, it wouldn't be necessary to distinguish violent from nonviolent offenses to determining one's fitness to vote. The multi-tiered review that was established by 2007 rule changes could be collapsed into one to simply verify that ex-offenders had completed their sentences.

The governor could issue an executive order to require state agencies that he supervises to conform employment eligibility criteria for ex-offenders to the language contained in legislation that passed the Senate this year but died in the House. That bill said ex-offenders could not be denied certain employment or occupational licenses based solely upon the status of their civil rights. Sink and Bronson could issue similar orders, and lawmakers could revisit these matters next
year.

With another stroke of his pen, Crist, with support from at least two Cabinet members, also could enable many ex-offenders to regain their civil rights and register to vote. Only then will the rights-restoration process reflect the fundamental fairness that the governor has been talking about.

See article here.

Florida: Inside Look at Clemency Hearings

Steve Bousquet of the St. Petersburg Times has written an interesting, but somewhat somber article on "alcohol and remorse" at Florida's clemency hearings. Bousquet notes the clemency gears in Florida "move agonizingly slowly" and that they "will likely move even slower, now that the Legislature has cut the Parole Commission's budget by 20 percent." He also notes that Governor Crist, Attorney General Bill McCollum, Chief Financial Officer Alex Sink and Agriculture Commissioner Charles Bronson sit in judgment of Floridians four times a year and grant pardons and commutations. He notes the four "often refuse when the victims' families object." Here are some passages:

Ten years have passed since that night on the Howard Frankland Bridge when two innocent people were mowed down by a drunken driver. But the pain never ends. Kristen Fagerlund, who had just regained her license from a previous DUI, was going 89 mph when she struck a car in the emergency lane, killing Alfonza Bradberry and Sheila Davis of St. Petersburg. In Tallahassee on Thursday, Fagerlund's mother stood before Gov. Charlie Crist and the Cabinet. She pleaded for mercy for her 38-year-old daughter, who has served 10 years of a 21-year sentence. "Kristen has already paid a huge price for making the wrong choice 10 years ago," she said, fighting back tears. "Please give us our daughter back."

No, said Crist and the Cabinet, sitting as the Board of Executive Clemency, after a victims' advocate read a letter from Sheila Davis' family. "We pray that you say no," the letter said.

... It's a pathetic scene as people, their heads bowed in humiliation, atone for their sins in a room filled with strangers, a bank of TV cameras lining a side of the room. It's also a highly instructive lesson in life itself, not just civics.

... Thursday's parade of mercy seekers included a courtly, white-haired man from Broward County whose son struck him in a flash of anger seven years ago, giving the son a conviction for elderly abuse, a felony in Florida. The dad, a Harvard-educated trial lawyer, spoke eloquently about his son's bipolar disorder. Pardon granted.

There was the father from Daytona Beach who can't rebuild his life because of one 1993 act ("shameful and disgusting" by his own admission) in which he exposed himself to a teenage girl, and is registered as a sex offender. (Pardon denied). His wife walked away sobbing uncontrollably.

What was most striking about Thursday's clemency hearing was how many cases involved alcohol. An hour of testimony should be mandatory for anyone who tempts fate by driving drunk, because the scars left by drunken drivers never heal.

Well, almost never.

Eddie Joe Anderson, living in a Panhandle prison work camp, won a pardon for a 1999 crash in Bradenton that resulted in four counts of driving under the influence causing serious bodily injury. His victims — five members of a family struck head-on by Anderson's car, including a boy of 9 then — said they supported Anderson's release. So after serving nine years of a 17-year sentence, Anderson is free at age 34. His lawyer, Joe Bodiford of Tampa, said Anderson is remorseful and rehabilitated and will move to West Virginia to live with the 10-year-old son who doesn't know him.

"Justice has been served," Bodiford told Crist. "If he messes up again,send him back. Innocent people should not be hurt by alcohol."

See full article here.

Florida: Commutation of Sentence

In 1999, Jeffrey Sakemiller was convicted of vehicular homicide, D-U-I, driving with a suspended license, and culpable negligence. He was then sentenced 14-years in prison. It did not help that he also had 4-previous D-U-I convictions. Now, the State Clemency Board has decided he has served long enough. Incidentally, the fatality in the accident was his own 6-year old daughter. See story here.

Florida: Rejection

68-year old Krishna Maharaj denies that he killed Derrick Moo-Young and his son Duane in a Miami hotel in 1986. No less than five alibi witnesses stepped forward to say that he was 30 miles away from the scene of the murders. But Maharaj, once a millionaire businessman and the second biggest racehorse owner in the UK, was sent to "death row," where he remained 15 years. Then, in 2002, his death sentence was commuted to life in prison. Now, Governor Charlie Crist (R) and the state clemency board have denied a request for additional clemency, and freedom. See story here.

Florida: Clemency? Not Too Fast!

The delay in processing clemency applications is a distinct feature at the federal level and commonly a factor in the states. The Governor of the State of Illinois recently had a U.S. District Court inform him that his delays were violating the civil rights of applicants. But today, the Miami Herald reports on new approach to addressing the issue of delay ... more delay! A 20 percent reduction in the parole commission budget (all the way down to $8.1 million) will result in a reduction of 24 positions (in a staff of 148). Nine of the position involve the handling of clemency applications. An official said, ''We will continue to do our best. However, there might be a slight delay time in processing clemency cases.'' The State's clemency process is reported to have been "bound in red tape and paperwork" for "years." See story here.

Florida: Request

William Thornton was 17 years old and had no valid driver's license when he ran a stop sign in 2004, collided with another vehicle and killed Brandon Mushlit and Sara Jo Williams. Thornton had no alcohol or drugs in his system at the time. Prosecutors charged Thornton as an adult with two counts of vehicular homicide and offered no plea deal. A public defender took no depositions, interviewed no witnesses, did not photograph or measure the scene, and made no challenge to the Florida Highway Patrol. Experts were not consulted. Thornton was simply encouraged to plead no contest and put his fate in the hands of Circuit Judge Ric Howard, who is said to be "known for tough punishments." It is also reported that the public defender assured Thornton that Judge Howard "would not give him the maximum sentence and would likely follow recommendations from the Department of Juvenile Justice for juvenile detention." The result: Thornton got a 30-year sentence!

Now, paperwork has been filed which seeks to set aside the conviction on the grounds of bad legal advice. There is an additional effort to disqualify Judge Howard from the case. As it happens, it is also an election year and Howard is facing opposition for the first time since becoming a judge in 2000. Meanwhile, there is an Internet petition drive asking the governor or clemency board to do something about the sentence. See story here.

Florida: Are You Pardoned?

The ACLU of Florida and the Florida Rights Restoration Coalition have launched a website featuring a search engine that will "enable people with past felony convictions in Florida to search state records and find out if their civil rights, including their voting rights, have been restored." The tool is available here and here. The Director of Florida’s Racial Justice and Voting Rights Projects says "It is imperative that the State makes the process of rights restoration automatic and paperwork free. But, until that time, there needs to be an easy way for Floridians with past felony convictions to determine their status.” Users of the search engine can fish through State clemency records and can contact the Office of Executive Clemency to request certificates of civil right restoration. The site also informs visitors of the names of persons whose civil rights have been restored and provides instruction on how to register to vote. The State has been lobbied to create such a website in the past, but without success. See more details here.

Florida: Request

Russell Trawick was serving a 10-year sentence for stealing money orders when he escaped from a Florida prison in 1975. For over three decades, he carried on "secret communications" with family members. Along the way, he spent time in Indiana, Michigan and Missouri, got married and even filed his income taxes. But, now, Trawick is back in Florida and back in prison. Meanwhile, his wife is suffering with cancer and, as Trawick puts it, "I have lived a good life for the past 30 years and I desperately want to go back to my wife and the life we have made together. My every concern is for her welfare and safety." Trawick's parents have also petitioned the state clemency board for his release. His lawyer says he hopes the governor and the Cabinet will be "sympathetic" and not spend "$30,000 a year" on his client. See full story here.

Florida: Request (Update)

In 1975, Jack Hazen, a Vietnam War veteran, robbed a 7-Eleven clerk at knife point, and took off with more than $100. When he was finally arrested, he told police he committed the robbery because he was hungry. Hazen waited about 10 months before he escaped from a prison work program in 1976 and assumed the name Charlie Free for more than three decades in Las Vegas. He was discovered, arrested and placed in a Las Vegas jail on January 30, 2008. Gov. Charlie Crist (R) then signed an extradition, returning Hazen to Florida to complete his seven-year sentence.

Today, Hazen is a 61-year-old grandfather, in solitary confinement, fighting to get medicine for multiple sclerosis, diabetes and early onset Alzheimer's. And he does not want to die in prison. So, Hazen's daughters have begun a "letter-writing campaign" to the governor to grant "expedited clemency"on their father's behalf. They have also started a website (freecharlesfree.com) to help publicize the case. See recent story here. Additional PardonPower posts on this story can be found here: February 5, March 4

Florida: A Pardon Revisited

In this editorial, looking back on the governorship of Reuben Askew (1971-1978), Martin Dykman notes:

In another defining moment, Askew in 1975 approved a full pardon for Freddie Pitts and Wilbert Lee, blacks who had spent 12 years in prison, eight of them on death row, for another man's crime at Port St. Joe. News that he was considering the pardon was poorly received in the Panhandle and cost him votes in his 1974 re-election.

A later study by the Florida Commission on Capital Cases concluded 23 inmates on death row in the state were wrongfully convicted. See the Commission's study here.

Florida: Sunshine on Pardon Applications

Florida newspapers, such as the Miami Herald have been singing the praises of Gov. Charlie Crist (R) for his efforts in regard to "sunshine" (or more openness) in government. Crist issued “A Week of Sunshine” Proclamation last week recognizing March 16-22, 2008, as Sunshine Week for the citizens of the State of Florida. The Proclamation urges citizens to celebrate the State of Florida’s dedication to making state and local government more accessible to the public. The Herald notes:

Gov. Crist [created] the Commission on Open Government, which has held three public hearings around the state. A fourth is scheduled in Fort Lauderdale in May. Discussions at the hearings already have triggered an opening of clemency records. Former inmates who apply to restore their civil rights may now see information that evaluates their cases, including the Parole Commission's recommendations to the Board of Clemency. Previously, applicants complained of being denied clemency on the basis of secret information that they could not challenge.

See article here and additional information here.

Florida: Request (Update)

Charlie Free, a.k.a. Jack Hazen, was arrested in Las Vegas, January 30 after remaining a fugitive for more than 30 years. Hazen was charged with armed robbery in 1976 and sentenced to seven years in prison. But he escaped after serving 1 1/2 years when a fellow inmate put a contract out on his life. Hazen fled to Arizona, changed his name to Free, met his future wife and moved to Nevada. Now he is 62-years-old and suffering from several expensive health issues, including Alzheimer's, diabetes, multiple sclerosis and cancer, which result in prescription expenses of $36,000 per year.

Hazen/Free is currently in Clark County Detention Center in Nevada and waits to see if Florida's governor, Charlie Crist, will sign a warrant for his arrest and kick what would certainly be a lengthy extradition process. Hazen's doctor and family are worried that a cross-country trip will further weaken him. His attorney also believes Florida's current budget problems should be considered before using taxpayer money to transport, house and care for a terminally ill man noting, "My hope is that Gov. Crist will deny the warrant or expedite the commutation of the original sentence." Normally such a process would take three years. Story here.

Florida: Request

Jack Hazen escaped from a prison work release program near Jacksonville, in 1976. He says he did it because an inmate was threatening to kill him. Less than a year before, Hazen was convicted of aggravated assault and given a seven-year prison sentence. After his escape, he changed his name to Charles Free and moved to Vegas. Last Tuesday, 31 years later, he agreed in court to return to Florida to finish out the seven-year sentence. Hazen's children say he is terminally ill with a brain tumor. He also has M.S, diabetes, and was diagnosed two days before his arrest with Alzheimer's. Hazen's attorney has called the governor of Florida and requested a pardon or some sort of leniency. See story here.

Florida: A Pardon Revisited

Last week Florida Gov. Charlie Crist (R) held a reception at his home for the recipients of 2007 Points of Light Awards, and other special award winners. Among those in attendance was one Brenda Owens-Philhower. Philhower began drinking and selling marijuana at age 13. She was arrested in 1991 for failing to return a rental car. She then moved from the use of qualudes to crack cocaine. After a six month stint in jail for burglary, she became a prostitute and was arrested for drug possession. After another 18 months in prison, she was arrested in 1991 for possession of crack cocaine. But this time, Philhower was placed in Drug Court, a yearlong program of weekly meetings and counseling, and became the program's first graduate. Florida Governor Jeb Bush (R) then made her a Points of Light winner and pardoned her. Today, she raises money for AIDS awareness and drug programs. See full story here. For additional background, go here.