20061229 Governor Ehrlich Grants Clemency to 17

Governor Ehrlich Grants Clemency to 17

December 29^th, 2006

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From: Henry Fawell
Sent: Friday, December 29, 2006 11:34 AM
Subject: Governor Ehrlich Grants Clemency to 17

FOR IMMEDIATE RELEASE:

CONTACT: Office of the Governor

December 22, 2006

Shareese DeLeaver

Henry P. Fawell

(410) 974.2316

Dept. of Public Safety & Correctional Services

Jacqueline Lampell

(410) 339.5081

Governor Ehrlich Grants Clemency to 17

Over 200 pardons granted by Governor Ehrlich in less than four years in office.

ANNAPOLIS – Today, Governor Robert L. Ehrlich, Jr. granted executive clemency to seventeen individuals. The Governor granted pardons to:

Ernest C. Atkinson, Jr., 58, convicted of larceny in 1971 and two counts of larceny after trust in 1975. He was sentenced to one year probation, $100.00 in fines and $10.00 in court costs, and two years suspended, five years probation, $4,279.91 in restitution, and $130.00 in court costs, respectively.

Derrick D. Dew, 41, convicted of distribution of phencyclidine and possession with intent to distribute heroin in 1986. He was sentenced to one year and one year concurrent and ordered to pay $95.00 in court costs.

George Diggle, 35, convicted of breaking and entering of a dwelling in 1989. He was sentenced to ten days suspended and one year unsupervised probation with the following special conditions: obey all laws and pay $300.00 in restitution through the St. Mary’s County State’s Attorney’s Office.

José M. Fernandez, Sr., 53, convicted of malicious destruction of property in 1977. He was sentenced to six months.

Carolyn D. Gray, 40, convicted of misdemeanor theft in 1998. She was sentenced to sixty days suspended and one year probation.

Zelda R. Harris, 47, convicted of possession of controlled dangerous substance in 1991. She was sentenced to six months suspended and one year probation.

Sandra D.E. Harrison, 51, convicted of distribution of heroin in 1975. She was sentenced to two years suspended and two years probation.

Lisa Elizabeth B. Jeffries, 27, convicted of second-degree assault in 1999. She was sentenced to thirty days suspended, one year unsupervised probation, $20.00 in court costs, and $35.00 to the Criminal Injury Compensation Fund.

Michael G. McCusker, 46, convicted of assault, discharging a firearm in a metropolitan area, possession of marijuana, and possession of controlled dangerous substance in 1982. He was sentenced to two years suspended, three years probation, alcohol and drug treatment, $75.00 in court costs, and $100.00 in fines, respectively.

Gerald G. Miller, 45, convicted of two counts of distribution of controlled dangerous substance in 1981. He was sentenced to twelve months suspended and twelve months unsupervised probation, and $500.00 in fines, respectively.

Wade R. Ryan, 35, convicted of assault and battery in 1995. He was sentenced to two years suspended, with credit for one hundred and one day served.

Sarah B. Coakley-Saccoccio, 27, convicted of malicious destruction of property in 1997. She was sentenced to sixty days suspended, one year supervised probation, $138.00 in restitution, and sixteen hours of community service.

Inna M. Shamis, 25, convicted of felony theft in 2000. She was sentenced to twelve months unsupervised probation and thirty-two hours of community service.

Brenda L. McGlone Thatch, 57, convicted of battery in 1991. She was sentenced to fourteen days and six months probation with a special condition of counseling and treatment through the Department of Mental Health and Hygiene.

Joseph N. Myers, Jr., 36, convicted of DWI and theft in 1990. He was sentenced to six months suspended and two years probation.

David J. Twigg, 38, convicted of felony theft in 1987. He was sentenced to ninety days suspended, two years supervised probation, $15.00 to the Criminal Injury Compensation Fund, and $5.00 in court costs.

“Each of these men and women pardoned by Governor Ehrlich have taken it upon themselves to improve their lives and become law-abiding citizens,” said David R. Blumberg, Chairman of the Maryland Parole Commission. “They have worked hard to earn a second chance and relief from the collateral consequences of conviction.”

The Governor also granted a medical commutation of sentence to Arnold Saunders, convicted of first-degree burglary in 2005. He was sentenced to four years in the Division of Correction. Saunders suffers from AIDS, Wasting Syndrome, and S/P Cryptococcus Meningitis. According to the Assistant Statewide Medical Director, his “prognosis is poor.”

The Secretary of State advertised clemency applications for grantees on December 8, 2006, in The Daily Record.

The Governor’s actions today bring the total number of clemency executive orders to 231, including 210 pardons, 15 commutations of sentence, and 6 medical commutation/paroles.

“Governor Ehrlich has truly revived the clemency power in Maryland and established a national model for the personal consideration of clemency cases,” said Chief Counsel Jervis Spencer Finney. “Hundreds of people have benefited, as has a State that has seen its scales of justice find a more equal and appropriate balance.”

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Background:

Under Article II, Section 20 of the Maryland Constitution, the Governor may grant reprieves and pardons. A pardon is an act of clemency in which the Governor, by order, absolves the grantee from the guilt of the grantee’s criminal act(s) and exempts the grantee from any continuing penalties imposed by law for those criminal acts. A pardon does not remove a conviction from a person’s criminal record. The records of the conviction(s) continue to exist in both court and law enforcement files, unless the grantee obtains an expungement from the court(s) that originally presided over the case(s) in question.

The legal process to grant a pardon as set forth in Correctional Services Title §7-206 authorizes the Maryland Parole Commission (“MPC”) to review and make recommendations to the Governor concerning a pardon, commutation of sentence, or other clemency. This nonbinding recommendation is submitted to the Governor for review. The Governor may choose to accept, modify, or reject MPC’s recommendation. Governor Ehrlich’s guidelines for pardon consideration are set forth below:

No application for pardon shall be considered while the petitioner is incarcerated.

Misdemeanants must have been crime-free for a period of five (5) years from the date of sentence, release from incarceration, or release from parole or probation, whichever last occurred.

Except as provided in paragraph #4, felons must have been crime-free for ten (10) years from the date of sentence, release from incarceration, or release from parole or probation, whichever last occurred except, however, the Parole Commission may, at its discretion and in specific instances, consider cases in which only seven (7) years have elapsed.

Felons convicted of crimes of violence as in §14-101 of the Criminal Law Article and felons convicted of controlled dangerous substance violations must have been crime-free for twenty (20) years from the date of sentence, release from incarceration, or release from parole or probation, whichever last occurred, except, however, the Parole Commission may, at its discretion and in specific instances, consider cases in which only fifteen (15) years have elapsed.

For purposes of effectuating a pardon, the Governor must issue a written executive order under the great seal. In addition, pursuant to the Constitution of Maryland, the Governor “shall give notice, in one or more newspapers, of the application made for pardon, and of the day on, or after which, his decision will be given.”

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