Governor Denies All Requests For Clemency

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The New York Sun

ALBANY – Governor Pataki will issue no executive clemencies during the annual Christmastime display of mercy for state prison inmates, his aides confirmed yesterday.


Mr. Pataki considered and rejected requests made on behalf of several inmates before the governor left last week for a European vacation, spokesman David Catalfamo said.


Mr. Catalfamo said Mr. Pataki considers granting clemency “one of the most solemn responsibilities” of his job and believes clemency is warranted in “only the most compelling circumstances.”


Mr. Pataki has granted clemency 31 times since he became governor, 28 of them during the Christmas season. Last year at this time, Mr. Pataki also made the surprise announcement that he was issuing a posthumous pardon to Lenny Bruce for the comedian’s 1964 conviction in New York for obscenity.


The only other time Mr. Pataki did not issue any clemencies at Christmas was in 1998. Clemencies do not earn inmates their freedom, but they do allow prisoners to get an immediate parole hearing. Clemency candidates typically have been model prisoners who’ve used their time behind bars to better themselves.


The vast majority of the subjects of Mr. Pataki’s clemencies – 27 of 31 – were inmates serving penalties under the state’s so-called Rockefeller drug laws. Most were serving up to life sentences for relatively minor drug offenses not involving violence.


A bill approved earlier this month and signed by Mr. Pataki will result in courts releasing some of the drug offenders who have traditionally sought clemency before the governor.


Nonviolent offenders serving the 15-to-25-years-to-life maximum sentence under the Rockefeller laws can ask to be re-sentenced according to new, less severe prison terms called for in the partial reform of the mandatory drug laws.


In addition, the pool of possible clemency candidates has shrunk by perhaps 70 in recent years because they’ve earned their freedom through “merit time” reductions for keeping out of trouble and for other positive behavior.


The New York Sun

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