Louisiana: A Deal for No Pardon?

In 2006, Roy Roberts pleaded guilty to first-degree murder and attempted first-degree murder after a stabbing attack on the teenage daughters of his girlfriend. Now, Roberst has signed a plea deal which is said to require that he spend the rest of his life in prison. State District Judge Tony Marabella says the plea agreement (exchanged for a death sentence) prohibits Roberts from ever applying for parole, a commutation of his sentence, or a pardon from a governor. In addition, Roberts agreed to never try to make any money by selling books or profit from the case. See full story here.

EDITOR: While I cannot speak with expert knowledge of the laws of the State of Louisiana, it seems there are some things worth exploring in this case. The plea agreement (as described) does not allow Roberts to apply for a pardon. But what if a governor 30 years down the road decides a pardon is merited? Is the plea agreement an attempt to limit that governor's power? Does the Constitution of the State of Louisiana allow that? In one famous case, a president commuted the death sentence of an individual to life in prison without the possibility of parole. But a later president came along and commuted the sentence to life in prison with the possibility of parole. Is this scenario an option for Roberts?

Louisiana: Request

The chairman of Louisiana's House Judiciary Committee, Rep. Cedric Richmond has announced that his committee will hold hearings on what is known as the "Angola Three" case and he is calling on Gov. Bobby Jindal (R) to pardon the men involved. Rep. John Conyers, D-Mich, the chairman of the U.S. House Judiciary Committee, has also recently met with two of the three who remain in prison. The men - Robert King, Herman "Hooks" Wallace and Albert Woodfox - say they are victims of cruel and unusual punishment because of the time they spent in solitary confinement. A lawsuit is also pending in federal court. Wallace and Woodfox also say they were wrongfully convicted in a guard's death. King's conviction for killing another inmate was overturned, and he was released in 2001 after 29 years in solitary confinement. See article here. See additional background on the case here and here.

Louisiana: Lament Over Possible Testimony

The Party for Socialism and Liberation laments the fact that there might be a prosecutorial brakthrough (as the result of a plea bargain) in the case of the so-called "Jena 6." The Party web site notes:

[One] of the Six, Mychal Bell, has been sentenced to 18 months for fighting with a white student. Four more are facing second-degree battery charges and another is facing juvenile charges ... Bell had faced at least 22 years, and the others faced attempted murder charges. Here in New York City, the ANSWER Coalition (Act Now to Stop War and End Racism) collected over 6,000 signatures demanding the charges be dropped and that the prosecutor of the Jena 6 case be fired. Activists from other organizations conducted similar campaigns across the country, collecting tens of thousands of signatures and holding protests to coincide with the Six’s court dates. ANSWER organized a national day of action to defend the Six, with protests in more than 13 cities on Nov. 7. Responding to the groundswell of pressure, on Dec. 24, the Congressional Black Caucus demanded that outgoing Louisiana Governor Kathleen Blanco pardon the Six. She refused ... As part of his plea bargain, Bell reportedly has offered to testify against the other five, which we very much hope he does not do.

See full post here.

Watch List: Edwin Edwards

According to this report, former Louisiana Governor Dave Treen (R) says former Louisana Governor Edwin Edwards (R) has served enough time in federal prison (see our Pardon Watch List). Edwards, who used to be Treen's bitter political rival, has now served half of his ten-year sentence. Says Treen, "I want the man out of prison ... He got a ten year sentence which is way too harsh." Treen also predicts Edwards could be out as early as this summer, but the report notes that he made a similar prediction a year ago. Even more interesting is the fact that Treen now says that George H.W. Bush called him to assist the cause of winning early release for Edwards. Treen claims Bush Sr. will be writing a letter to his son regarding the request.

Louisiana Report

According to this report, the Louisiana state Board of Pardons received 4,240 applications for clemency during Democratic Gov. Kathleen Blanco’s four years in office (2004-2007). Of that number, only 849 were granted a hearing. The Board then denied 566 of the applications and 92 were held over for further consideration. As a result, a total of 331 applications were granted favorable recommendations and passed to Blanco. The Governor granted clemency for 285 applicants, denied 32 others and took no action on 14 applications. None of Blanco's actions involved high profile cases. Most were for inmates convicted of drug offenses. "She took very deliberate and thorough consideration of every one that came over here," said Terry Ryder, Blanco's executive council. This story is also covered here.