Let me first start by saying that the killing of the four police officers in the state of Washington was a revolting and horrific act. Our deepest thoughts and prayers are with all those who are grieving and we trust that justice will be swift and strong.
The following are the details connecting Clemmons and Huckabee:
In light of what appears to be Clemmons killing of 4 officers, would anybody want this guy to ever be free to do that? No.
Is it excessive to sentence a person to a 108 year sentence for a series of robberies committed as a 16-year -old youth? I think so. You may disagree.
Did Huckabee know that Clemmons was going to apparently kill four police officers 9 years after his parole from prison? No.
The question in regards to Huckabee is whether he showed negligent judgment in commuting the sentence of Clemmons.
It is my opinion that Huckabee did not show a serious lack of judgment for allowing Clemmons sentence to be reduced to 47.5 years when considering that these were his first series of robberies and were committed at the age of 16.
We can’t blame Huckabee for a decision that he made without knowledge of future crimes although we can blame him for poor judgment based on what he already knew. Based on that, I think his judgment was within the bounds of reason. You may differ in your opinion and you are welcome to do that.
Download official Arkansas court and clemency documents behind this post at:
http://seattletimes.nwsource.com/ABPub/2009/11/30/2010388798.pdf
DISCLOSURE: I like Huckabee. I have met him a few times and have found him warm and consistent. I also am a leader of a grassroots group called HucksArmy that supported Huckabee in 2008 and helps advocate for conservatives and common-sense government. While this association may make you think that I only want to defend Huckabee because I like him, I encourage you to make your judgement based on the soundness of this post and not who I am.
UPDATE: Huckabee addresses this personally:
UPDATE II: Prosecutors lodged no objection to Huckabee’s sentence reduction for Clemmons
November 30th, 2009 at 3:34 pm
Short term: Huckabee will lose a few 2012 polls
Long term: Huckabee will be known for being weak on crime.
Overall: Not a good day for Huckabee.
Updated 2012 Projections
http://republicanrankings.blogspot.com/
November 30th, 2009 at 3:34 pm
Most of the Rombots don’t want context.
They want to see Huck burn in hell (at least 3 are on record with such fantasies).
November 30th, 2009 at 3:34 pm
“Did Huckabee know that Clemmons was going to apparently kill four police officers 9 years after his parole from prison?” Haha, like the other two of the Big 3, Mr. Huckabee knows every things. He knew that that Mr. Clemmons was a bad actor just like Mr. Romney who was who; haha.
November 30th, 2009 at 3:51 pm
Blaming Huckabee doesn’t make sense – for any of Huckabee’s supporters.
For everyone else it’s very easy to form the obvious conclusion that Huck is partially responsible for the deaths, and that his excessive use of pardons, clemencies, etc. disqualifies him for national office.
November 30th, 2009 at 3:54 pm
There’s plenty of evidence that the majority of these pardons were given because Huck used his role as governor to grant forgiveness to criminals. That is NOT the way the system is supposed to work.
November 30th, 2009 at 3:54 pm
Now wait a minute. Round ‘em all up … Lock ‘em all up … Throw away the key.
November 30th, 2009 at 3:56 pm
I would never ever ever ever pardon anyone under any circumstances…
So, vote for me.
November 30th, 2009 at 3:58 pm
AK Report:
“Short Term: Huckabee will lose a few 2012 polls” – probably
“Long Term: Huckabee will be known for being weak on crime” — only if we discount the death warrants he signed for 16 felons
“Overall: Not a good day for Huckabee” — absolutely
November 30th, 2009 at 3:59 pm
You are missing the key bullet point David. Huckabee pardoned 1000+ criminals and that is a problem, these murders are the symptoms of that problem.
One more bullet point, right or wrong Obama would bury Huckabee with this.
Go ahead and respond to those points please.
November 30th, 2009 at 4:00 pm
The comments that I’m reading on here prove that the authors of the comments did not seriously contemplate what Mr. Schmidt is saying. Of course it is completely excessive to sentence a person to a 108 year sentence for 3 serious but non-violent crimes as a 16-year -old youth. Anyone who looks at it any other way is acting as if they are blind. It would have been foolish for Huckabee to have done anything else and those who disagree are just being haters.
November 30th, 2009 at 4:05 pm
“You are missing the key bullet point David. Huckabee pardoned 1000+ criminals and that is a problem”
–I think there could be some substance there. Can you find specific examples of poor judgement or detailed analysis of actions? I think that is worth looking at.
November 30th, 2009 at 4:12 pm
Governor Reagan pardoned around 600.
600 too many?
November 30th, 2009 at 4:29 pm
Thanks for spelling it all out David. If I was in Huckabee’s shoes, I probably would have commuted that sentence as well. It’s typical that Huckabee’s political opponents would use this to make the point that he should never run for president. It’s just foolish and illogical thinking. Huckabee made the right decision 10 yrs. ago. He bears no responsibility for the tragedy in Washington. The psycho Clemmen is to blame for pulling the trigger..end of story.
November 30th, 2009 at 4:35 pm
*sigh*
Please report any future cases where our minions exceed their authority to our main public relations office at the commonly known address.
This is your last warning, people! Don’t make me report you to senior management!
November 30th, 2009 at 4:37 pm
14. Am I safe, brother? ; )
November 30th, 2009 at 4:44 pm
13. Just keep that cognitive dissonance going, buddy.
November 30th, 2009 at 4:47 pm
David, we all know your in the Tank for Huckabee, so you have little credibility after everything you have said and did.
However, to your point, he was warned by prosecutors that this was a likely outcome and he ignored it, end of story. Yes, he should have known and he was warned. And this is not the first time Huckabee has done this with tragic outcomes.
November 30th, 2009 at 4:48 pm
Romney tried to warn voters about Huckabee’s soft on crime record during the primary. Maybe now they’ll listen.
November 30th, 2009 at 4:50 pm
Thunder,
In the “should have known” category, does someone know:
1. When Clemmons first became mentally ill?
2. When Clemmons committed his first violent crime?
3. If Huck had any role in Clemmons’s parole not being revoked?
November 30th, 2009 at 4:54 pm
Martha,
“Just keep that cognitive dissonance going, buddy.”
To quote Inigo Montoya from The Princess Bride, “I do not think it means what you think it means.”
November 30th, 2009 at 4:59 pm
20. Yes, it’s not a perfect fit. But it will do.
November 30th, 2009 at 5:01 pm
Martha,
So what are the two contradictory ideas in #13?
November 30th, 2009 at 5:04 pm
22. Huck can do no wrong / Huck does wrong all the time.
November 30th, 2009 at 5:06 pm
I would like to know of the history of this man, Clemmens, (supposing he will be convicted of guilt in these tragic slayings of the policemen).
What happened to him after he was released by the Arkansas Parole Board, and why was he not placed immediately back in prison after he violated his parole,to serve out his 47 years for crimes he committed after Governor Huckabee was no longer governor? It seems to me that the blame should be on the lax parole officers, judges, and lawyers who kept letting him slip through the cracks.
Our prisons are overcrowded, our court systems backed up, and the crimes in our country are becoming much more violent. It is not always the career criminal who kills. Disgruntled workers, husbands, and people losing jobs are killing en masse. Bullied kids surprise everyone with schoolyard killings. Political opponents of America lash out and kill. America has become increasingly violent, and I attribute it in part to the loss of our spiritual and moral compass…Schools not teaching right from wrong, and television and movies showing more and more violence and little positive family life…Well, I could go on. But I am sure of one thing, and that is that Huckabee is not responsible for this man’s violence. He at least tries to get us to like one another and be law-abiding citizens. The criminal justice system needs to be improved, and loopholes need to be filled. Maybe this will cause Governor Huckabee and others to focus on how to improve our criminal justice system and how to keep killers from killing. It will not be a simple task in violent America.
November 30th, 2009 at 5:07 pm
David,
Even if all you say is true, it does not excuse his leniency for 1033 pardons and commutations. In so doing, he decided that his personal insight and compassion was of greater insight than both the district attorneys, judges and juries that convicted those people, and the legislatures and other jurists that established sentencing, parole, and clemency guidelines. It is way past compassion. It is pure arrogance. He could not have done it except that he believed that he was uniquely more qualified than everyone else who had been involved.
He pardoned more than the 6 states adjacent to AK during his time as governor even though their collective populations are more than 10x of AK. He pardoned 60% more that Reagan even though CA has 15x of AK’s population. A man had better have a very strong argument for why he knows better than everyone elses that had been chosen by the people of AK to govern them and write their laws.
We have not heard any such reasons or defense by him. We have heard rumors and hearsay that he was often motivated by their stories of conversion or their personal affiliation to himself or someone he knew. I do not have enough evidence to say if this was his motivation. Regardless, his easiness on liking people and in feeling connected to their stories is not grounds for setting aside the judgments legally rendered.
If, on the other hand, he had thought there was a gross and systemic miscarriage of justice, based on prejudice or politics, then while he may have been justified in setting aside unjust verdicts and sentences, he would have been equally compelled to expose such injustice, designate his AG to investigate it, and prosecute the offenders. We find no evidence that Gov. Huckabee engaged in any such crusade. Not against racial prejudice or religious prejudice, or inadequate counsel, or any such situation. Just his unbridled self-regard that he was more qualified to take the measure of justice and governance than the aggregate of all the elected and appointed officials in the history of the state.
It does not serve justice that he now would kick this can down the street to someone else who may also have made a mistake.
This was not an isolated mistake or lapse in judgment, it is a serious character flaw. And the consequence is that loved ones, spouses, children and friends, will be looking up at the Holy Cross of Jesus in this coming week as these people will be laid to rest, aching for the day of the restitution of all things.
But for Gov. Huckabee’s willful and epic self-regard, these people and their families would be preparing for Christmas with the rest of the world. We pray that there are not many more Maurice Clemmons that he has released to the world.
November 30th, 2009 at 5:09 pm
Pat H #10
I know this is difficult for Huckabee supporters, but the fact remains he commuted the sentence of this killer and rapist under protests of the Prosecutors. So the question is, why was there such a protest and why did Huckabee override their protest, and was the Parole Board under pressure to recommend parole under the protest of the prosecutors.
It’s hard to believe that a sentence of 147 years would be given to a 17 year old for non-violent crimes. A lot of questions need to be answered before I can make a judgement.
November 30th, 2009 at 5:11 pm
Martha,
“Huck can do no wrong / Huck does wrong all the time.”
Cognitive dissonance is when a person holds two or more contradictory ideas within their own mind.
For instance, “I am going to lose weight! I am going to eat 2 pounds of ice cream everyday.”
Just because the person in question has an idea that contradicts your idea, does not mean cognitive dissonance. That’s a disagreement.
November 30th, 2009 at 5:11 pm
This will be as bad as the “I will support any tax” youtubes were.
Or maybe making the Judicial Watch “Ten most corrupt in 2007″
just below Hillary Clinton.
November 30th, 2009 at 5:14 pm
lkv,
“A lot of questions need to be answered before I can make a judgement.”
I would agree there.
November 30th, 2009 at 5:14 pm
#17
Actually, you like many of the rest just make things up. During the 30 day public hearing period not one single objection came in. However the judge in the county did send support and said that the sentence was out of line and should be shortened. In fact, only support for commutation came, no objections.
November 30th, 2009 at 5:16 pm
27. Yes, I know.
You’re right though. I gave Huck fans too much credit.
November 30th, 2009 at 5:19 pm
“Blaming huckabee Doesn’t Make sense” Sure everyone can make a mistake or 2 or 3…
GLEN GREEN:
http://www.arkansasleader.com/frontstories/st_07_21_04/huckabee5.html
Wayne Dumond:
http://hotair.com/archives/2007/12/05/huckabee-on-dumond-the-parole-board-members-who-said-i-lobbied-them-are-lying/
http://abcnews.go.com/video/playerIndex?id=3966954
Little David:
http://www.alternet.org/blogs/peek/70939
Huck’s just a victum of Circumstance!
November 30th, 2009 at 5:22 pm
Joe Carter’s article is very insightful. I was very much on the fence on this issue regarding whether or not Huckabee deserves any of the blame. After reading Carter’s piece, I understand that Huckabee does indeed deserve a share of the blame. Of course he is not 100% the reason this happened, but at the same time if he hadn’t been lenient on the suspected criminal this wouldn’t have happened. He deserves a share of the blame. Nobody is perfect though…it will probably just hurt his chances at becoming president.
November 30th, 2009 at 6:08 pm
But let’s all blame Romney for those $50 abortions right David…..
November 30th, 2009 at 6:36 pm
Martha,
#31.
If you say so………
November 30th, 2009 at 6:53 pm
You guys are idiots. This will have VERY LITTLE impact on whether huckabee runs…or even if huckabee wins. Believe it or not…most of the people in the united states are not very smart…but at least they are smarter than the majority of the people that comment on this stuff.
Huckabee most likely won’t run. If he does, he will get through this smear.
Martha,
You said Huckabee is partially responsible for the deaths of the 4 officers. That is like saying God is partially responsible because he let it happen. What huckabee did, wasn’t excessive at the time. Would I have done it if i were governor? No. But Huckabee is a believer in that people can change. He looked at the facts, the parole board paroled him(not huck’s decision by the way)…and i think we find this event to be a tragedy.
My dad is a police officer, and i would be looking for someone to blame for this. I would instinctively look at the people involved in this decision. But if huck bares any blame at all…it is very little.
To be honest, Romney would be stupid next time to bring this up about Mike. Why? Because Huck isn’t going to do this “no negative” crap next time. If he runs, he’s gonna hit hard. Playing clips of romney saying he supports a womans right to choose and how he supports certain aspects of gun control will be enough to sink him. But Huck isn’t running, so it won’t matter. Romney won’t be challenged on these issues very much in 2012.
November 30th, 2009 at 7:35 pm
Why blame anybody for anything they’re directly responsible for? Face the facts, Huckabee is directly responsible for putting this guy back on the streets.
It was obviously an extremely bad decision, that many people (not Huckabee) have paid a dear price for. What possessed Mike Huckabee to disregard the verdict of a jury of his peers in order to put this murderer back on the streets is inconceivable.
November 30th, 2009 at 7:39 pm
Huckabee is deeply religous and this deep belief determines his policies. Christens can take
their beliefs and either move forward as a liberal or as a conservative. It is easy to make an
argument for either side (abortion not included). Huck is clearly a liberal when it comes to his
religious beliefs. He governs as a liberal and preaches as a liberal. He can talk all he wants
on his fox news show about conservatism, but his actions are much louder.
November 30th, 2009 at 7:45 pm
This has NOTHING whatsoever to do with Mitt Romney so why is anyone trying to bring him into this? This is about Huckabee and his clemancies. We can debate whether or not they were warranted, but Romney hasn’t so much as uttered a word about this, so why does he always get brought up when more of Huckabee’s past comes back to bite him (or not bite him depending on your perspective)?
November 30th, 2009 at 7:45 pm
[...] Schmidt has done a good job explaining Huck’s decision while Governor of Arkansas. In addition to this, it should be [...]
November 30th, 2009 at 11:34 pm
I have to completely agree with Mr. Schmidt on this blog post. I have to believe that Mike Huckabee commuted Mr. Clemmons’ sentence for a crime committed as a 16/17 year old partly, if not mostly because of his belief in a loving, grace-giving and forgiving God. As long as the world does not understand Christians and the grace of a loving God they will not understand why Huckabee made such a decision. Mr. Clemmons can still receive God’s grace, but he must now face the consequences of his crime. There is no possible way that then Governor Huckabee could have known of the possible negative actions of Mr. Clemmons. I commend Huckabee for the decision he made in 2000 on behalf of Mr. Clemmons. It is the system since that time that has failed Mr. Clemmons.
December 1st, 2009 at 12:02 am
Huckabee should have based his decision NOT on the prisoner’s record at the time and the legal norms & parameters of the state, but on his intuition of what the prisoner would do in the future. We really must make politicians take responsibility when they follow the law!!!
Geez, it’s really pathetic that something so tragically bad could happen & all some of you can do is jump on it as a political opportunity. I am still trying to find out the FACTS of this case which is difficult with so many conflicting ones being thrown around all over google by opportunistic bloggers & ignorant commenters.
So far as I can tell, Huckabee gave this guy his first chance. What I don’t understand is why when the guy committed robbery again a few years later, why was he given multiple more opportunities? Why was he not hauled off & locked up for good after assaulting a police officer? Why was he not hauled off & locked up for good after raping a little girl? Had Huckabee granted him an opportunity at parole after crimes like those, then I would definitely be questioning his judgment.
David is right – Huckabee can only be condemned in HINDSIGHT – a tool that was not at his disposal at the time. He had only the information of what HAD TAKEN place which was relatively minor & no way of knowing that this guy would later develop into a cop killer.
So those of you so eager to condemn Huckabee for this, while we can all now wish that the guy had been locked up & the key thrown away, WITH THE INFORMATION HUCKABEE HAD AVAILABLE TO HIM AT THAT TIME, on what basis should Huckabee have refused to commute this rather lengthy sentence for crimes committed by a 16yo boy who had served a decade of his sentence & appeared reformed?
December 1st, 2009 at 12:32 am
Huckabee knew that the court system had already determined what should happen to this man. He knew that the man committed aggravated burglary, and other felonies. So many that his sentence was lengthy. He knew that the man violated prison rules over 24 times, many times violently.
I don’t know what more information Huck would have needed to realize this man belonged in jail. I also believe that Huck should have respected the outcome of the trial.
This also needs to be viewed in context. If it were an isolated incident, Huck should be given the benefit of the doubt. But it is not. Far from it. 1000 instances makes it pretty much impossible to believe Huck possesses good judgment.
December 1st, 2009 at 1:09 am
Well trust Martha to have found all the facts in the case! And as always to deliver her helpful concern with charity & justice for all.
As I said, I have been trying to find the exact facts that were known to Huckabee (& the judge who was recommending the 2nd chance) at the time – please in your continued kindness, will you share with me the resource of your information?
I know that you are not so naive as to believe that the fact that simply because the court system convicts someone there is some kind of a guarantee of perfect justice in that. Additionally, you speak of 1000 pardons as if they were all mistakes – on what basis? And clearly whatever your religious beliefs are, they allow no room for mistakes…
December 1st, 2009 at 1:16 am
Meant to link the judge reference in 44 -
Ark judge urged leniency for Washington shooting suspect
http://arkansasnews.com/2009/11/30/huckabee-releases-statement-on-shooting-suspect/
Again, I am at a loss, not near so much at the guy being granted a 2nd chance, but at all those who dropped the ball after he blew it on a larger & larger scale each time thereafter.
December 1st, 2009 at 1:55 am
What about for eight or nine felony convictions? — that’s what the parole records you linked to show.
December 1st, 2009 at 3:35 am
“What about for eight or nine felony convictions? — that’s what the parole records you linked to show.”
– Some of those came AFTER Huckabee’s sentence reduction.
He only had 5 convictions from the 3 incidents.
2 convictions for 1 robbery
2 convictions for the other robbery
Gun possession convection
Those are the facts.
December 1st, 2009 at 6:54 am
#47…..No response to “but let’s just keep blaming Romney for those $50 abortions”?
I tend to agree with much of what you posted…….I was just wondering where those powers of comparative analysis vanish to when you are looking at Romney issues…..
December 1st, 2009 at 8:28 am
Thank you, David Schmidt, for giving us the background and truth about this case. Hind sight is 20/20, as they say. I think if we were in Governor Huckabee’s shoes, we would realize that this case was not nearly as simple as some make it. Of course, now he is deeply saddened and sorrowful that Clemmens went on to commit these heinous murders. But the judge and the parole board likewise did not foresee the future violence in this teen-ager.
According to Huckabee’s comments on O’Reilly last night, it sounds like Arkansas has quite a different justice system than surrounding states in one important area. Part of the governor’s job is to review each prison sentence. In most large states, that would be impossible. I think perhaps this has to do with past problems, years ago, when justice was taken in the hands of people without so much thought for law. (Forgive me if I have the wrong impression.) And a Governor would provide a “check and balance” to prejudiced judges. In other words, the executive branch would provide some sort of check on the judicial system getting out of control. So while many people criticize Huckabee for commuting more sentences (did he pardon some?)than most, he also withheld clemency in over 95% of the cases that came to his desk, and he also was a governor for 10 1/2 years.
Some governors who are thinking only of their political future refuse to even consider giving any sort of clemency or prisoner review. I guess that is their right, but it also cuts off the rights of a few prisoners who have no money to appeal their case. It also cuts off any change of sentence for truly reformed behavior.
All judges and all juries are unfortunately not unprejudiced. And having been on two juries, I know how they can be swayed. We have the best justice system in the world, but still it needs checks and balances, and it needs reformation. We also must realize the great problems of shortage of prison space that causes some dangerous prisoners to be let out and commit crimes again.
Mike Huckabee did his best to rule with compassion. He is not the only one who should step up and take blame. He is not even the most at fault, if you can place blame for one person’s crime on another. Those officers and officials who dropped the ball after Clemmens committed parole violation and more egregious crimes, where are they on the news today???
December 1st, 2009 at 10:18 am
False. There were eight convictions dated 1989 or 1990 on the parole report you posted.
December 1st, 2009 at 2:54 pm
@50, But Bob it is possible to break several laws with one criminal act – like purse snatching would be one count of theft AND another count of assault, for example.
December 1st, 2009 at 3:23 pm
Bob, you are correct. I am in error, Huckabee’s commutation addresses / reduced 4 of 8 the convictions. The other sentences I am guessing were served already.
December 1st, 2009 at 4:21 pm
51: He had eight convictions — he was a serious hardcore criminal who was handed extensive sentences because he deserved them. The judge/jury heard the cases and felt he deserved to be locked up for a long time, and Huckabee overruled them.
Clearly the people doing the sentencing were right and Huckabee was wrong, and now Huckabee is suffering the consequences of his poor judgment. Too bad a bunch of other people are suffering even more.
December 1st, 2009 at 7:27 pm
@53, “he was a serious hardcore criminal who was handed extensive sentences because he deserved them”.
Hardcore=”marked by apparent resistance to change or inability to escape a persistent wretched condition” What made it clear to you that Clemmons was a hardcore criminal rather than just a common street punk at that point in time? Or do you consider those synonymous?
In hindsight, it is very easy to agree with you, but since Huckabee didn’t have that luxury, on what basis have you determined that Clemmons deserved those extensive sentences?
Do you seriously profess to believe that a judge/jury always make all the right decisions therefore they should never be questioned or overruled? Seriously? (Even the McDonald’s coffee cup lady?) And how then do you reconcile your reverence for the judge’s determination with a judge’s advising Huckabee so strongly to do it?
At any rate, I agree with your last statement completely – I just don’t get how you can sit there and condemn Huckabee for his part in this with anything other than what looks like smug & self-serving hindsight.
December 1st, 2009 at 9:45 pm
Mike Huckabee: I Take Full Responsibility
December 1st, 2009
From Mike Huckabee:
Mike Huckabee: I Take Full Responsibility
The nation was stunned by the senseless and savage cold-blooded murders of 4 young police officers in Lakewood, Washington. Whenever a police officer or soldier is killed, I feel the loss is even more profound for they are the ones who stand between our freedom and anarchy.
At the time I write these words, police are still searching for Maurice Clemmons who is believed to be the one committing these unspeakable acts. Nine years ago, that name crossed my desk. I commuted his sentence from 108 years to 47 years. Many news reports, talk show hosts, and bloggers have erroneously said that he was granted a “pardon.” Others speak of me “setting him free.” As one who now hosts a talk show and who does daily radio commentaries, I can attest to how easy commentary is compared to actually governing. I am not seeking to justify or defend my actions of nine years ago, but it’s important that I answer for my actions and give some explanation as to how and why his sentence was commuted.
I take full responsibility for my actions of nine years ago. I acted on the facts presented to me in 2000. If I could have possibly known what Clemmons would do nine years later, I obviously would have made a different decision. But if the same file was presented to me today, I would have likely made the same decision.
Each state is different, but in Arkansas, a governor doesn’t initiate a parole—the Post Prison Transfer Board does after it conducts a thorough review of an inmate’s file and request. The board then makes a recommendation to the governor, who decides to grant or deny.
If the decision is made to grant any form of clemency (the broad term for a commutation or a full pardon), the governor gives notice of intent and the file is sent to the prosecutor, judge, law enforcement officials, the Attorney General, and the Secretary of State as well as to the news media. A period of 30 days is then started for there to be public input as well as response from the above named officials. At the end of the public response period, the final decision is rendered.
Between 1,000 and 1,200 requests for some form of clemency came to my desk each and every one of the 10 ½ years I was governor. Ninety-two percent of the time, I denied the requests. When I did grant them, it was usually based on the recommendation of at least five of the members of the PPTB, with consideration given to the input from public officials.
Maurice Clemmons was 16 years old when he was charged with burglary and robbery. He was sentenced to a total of 108 years based on the way in which the sentences were stacked. For the crimes he committed and the age at which he committed the crimes, it was dramatically outside the norm for sentencing. The PPTB recommended in 2000 by a 5-0 vote for his sentence to be commuted.
He had served 11 years of his sentence. A pardon would have set him free and cleared his record. A commutation to “time served” would have set him free and released him from any parole reporting. As per the recommendation, I commuted his sentence to the term of 47 years, still a long sentence for the type of crime he had committed, but it would make him parole eligible. It would not parole him, as governors do not have that power in Arkansas. He would have to separately apply for parole and meet the criteria for that.
Despite news reports to the contrary, the only record of public response to the notice to commute was from the trial judge, who recommended the commendation in concert with the board. There were letters of support, but no record of letters of opposition.
Following the commutation, he met the criteria for parole and was paroled to supervision in late 2000. When he violated terms of his parole by participating in additional crimes, he was returned to prison and should have stayed there. For reasons only the prosecutor can explain, charges were not brought forth in a timely way and the prosecutor ended up dropping the charges, allowing him to leave prison and return to supervised parole.
He moved to Washington state and had intermittent criminal activity that increased in violence and frequency. He was allowed to post bail in Washington state and while on bail from there committed the unspeakable acts of murdering four valiant police officers. I can’t explain why he wasn’t prosecuted properly for the parole violations or why he was allowed to make bail in Washington state and not incarcerated earlier for crimes committed there.
I wish his file had never crossed my desk, but it did. The decision I made is one that I now wish were different, but I could only look backwards at his case, not forward. None of this is of any comfort to the families of these police officers nor should it be. Their loss is senseless. No words or deeds by anyone will bring them back to their loved ones. Our system is not perfect and neither are those responsible for administering it.
The system and those of us who are supposed to make sure it works sometimes fail. In this case, we clearly did.
December 2nd, 2009 at 1:20 pm
I agree with the article whole heartly.
December 2nd, 2009 at 10:53 pm
[...] http://race42008.com/2009/11/30/why-blaming-huckabee-doesnt-make-sense/ [...]