Governor Cuomo Grants First-Ever Conditional Pardons to More Than 100 New Yorkers Convicted of Crimes at Ages 16 and 17
First-in-the-Nation Action is Offered to New Yorkers Convicted of a Misdemeanor Or Non-Violent Felony at 16 Or 17 Years Old and Remain Crime-Free For Ten Years
Governor Grants 12 Clemencies, Including Five Pardons
Late last month, Governor Andrew M. Cuomo issued the first conditional
pardons to more than 100 New Yorkers who were convicted of a non-violent
crime when they were minors, and who have since lived crime-free for 10
years or more. This marks the first round of executive youth pardons since
the Governor announced this
first-in-the-nation action in December 2015 and is the largest number of clemencies issued
in any year since taking office in 2011.
"These New Yorkers have spent at least a decade proving their rehabilitation,
but have been unable to fully reenter society due to the stigma of conviction
and the barriers that come with it,"
said Governor Cuomo. "New York is a state of opportunity and today, we are granting these
individuals and others a second chance to live up to their full potential,
provide for their families and give back to their communities. With these
actions, we have taken one more step toward a more just, more fair and
more compassionate New York for all."
By pardoning New Yorkers who committed crimes at a young age, the Governor
is helping people who present little danger to the public while recognizing
that those with an adult criminal record are often burdened with having
a harder time to attain employment, get admitted to college, find housing,
and become licensed in certain occupations. Pardons granted through this
program are conditional, meaning that if a person defies the odds and
is reconvicted, it will be withdrawn.
Any person eligible for this pardon is invited to apply through the Governor’s website,
ny.gov/services/apply-clemency. Each person will undergo a careful screening process and agency staff
will make a recommendation to the Governor to grant a pardon if:
- The person was 16 or 17 at the time they committed the crime for which they were convicted.
- At least 10 years have passed since the person was either convicted of the crime, or released from a period of incarceration for that crime, if applicable.
- The person has been conviction-free since that time.
- The person was convicted of a misdemeanor or a non-violent felony.
- The person was not originally convicted of a sex offense.
- The person is currently a New York State resident.
- The person has paid taxes on any income.
- The person is a productive member of his or her community, meaning that the individual is working, looking for work, in school or legitimately unable to work.
- In addition to this general invitation to apply, the Administration has done targeted outreach to candidates for the pardon, sending letters to eligible candidates for whom contact information could be found inviting them to apply for the pardon.
The Governor’s action continues his efforts to break down barriers
for people with criminal convictions, which includes his creation of a
Council on Community Re-Entry and Reintegration to alleviate barriers
for those who have criminal convictions. This year, the Governor has accepted
recommendations from the Council for executive actions, which include
requiring the Board of Parole to account for an inmate’s current
risk to public safety when making a release decision, and prohibiting
insurance companies from denying coverage to businesses seeking to hire
formerly incarcerated New Yorkers.
Today’s conditional pardon grant for people who were convicted as
16 and 17 year olds reaffirms the Governor’s commitment to advancing
the Raise the Age agenda and other criminal justice reform measures.
Last year, the Governor announced executive actions to remove minors from
adult state correctional facilities, where they are likely to be victimized
at higher rates, and may learn to become better criminals from older incarcerated
individuals. As a result of the Governor’s
Executive Order, the Department of Corrections and Community Supervision has transferred
all female youths and all minimum and medium security classified male
youths sentenced to state prison from adult facilities to the Hudson Correctional Facility.
As part of the Executive Order, DOCCS has also collaborated with the New
York State Office of Children and Family Services to train staff and develop
youth-based programs for younger offenders while also ensuring the safety
of staff, inmates and the surrounding community. However, this is only
an interim step as the Governor continues to call on the Legislature to
pass his Raise the Age legislative package, which includes provisions
to seal crimes committed at a young age after a person has remained crime-free
for a period of time.
The Governor also granted five pardons and five sentence commutations,
as well as commuting the extraordinarily long sentences of two individuals
that will now enable them to appear before the Board of Parole. These
individuals have demonstrated rehabilitation and made positive strides
in their lives since their criminal convictions.
Youth Pardons Program Update
Today, Governor Cuomo issued the first conditional pardons under this
program to 101 deserving New Yorkers convicted at age 16 or 17 of crimes
including misdemeanors and non-violent felonies. All 101 recipients have
proven themselves to be positive, contributing members of their communities.
These pardons will remove barriers to employment opportunities.
Governor Cuomo today issued sentence commutations to reward the rehabilitative
efforts, and positive institutional records and adjustment of the following
individuals:
Anthony Desmae, 34, has served almost eight years of his sentence of 10 years in prison
following his conviction of Robbery in the Second Degree. He has made
exceptional strides in self-improvement, including earning a GED in 2014.
Mr. Desmae has been very involved as a group facilitator and certified
animal caretaking with the Puppies Behind Bars program, in which inmates
train service dogs for U.S. veterans returning home with post-traumatic
stress disorder. He has also worked as a teaching assistant in GED courses.
When released, he plans to reunite with his two children, ages 15 and
11. Ultimately, he hopes to move closer to his parents in Florida and
create a non-profit similar to Puppies Behind Bars for Florida State correctional
facilities.
Matthew Hattley, 49, has served over 24 years of his sentence of 25 years to life for
Murder in the Second Degree. While incarcerated, he has committed himself
to helping others, leading substance abuse and aggression treatment workshops
and serving as a voice for his peers in his regular columns for the Shawangunk
Journal, a local paper of Shawangunk, NY. He has received many commendations
and an award from facility staff and organizations. His case was handled
pro bono by the Legal Aid Society and the law firm of Kirkland and Ellis
through the Governor's pro bono program. Upon release, he plans to
pursue a career in both heating system repair and counseling for youth
at risk of criminal justice involvement.
Charlie Lee, 73, has served more than 13 years of a 16-year sentence and has no prior
criminal history. He was convicted of Manslaughter in the First Degree
in New York County in 2004 after shooting the ex-boyfriend of his girlfriend
during an argument. During his incarceration he has met his primary programming
requirements, including completing Aggression Replacement Training, and
has demonstrated a willingness to change his behavior to positively impact
others. As someone who was born in India and became a naturalized U.S.
citizen in 2004, Lee is ready to help others of different backgrounds
deal with the challenges they face with language barriers. Upon his release,
Lee plans to live in an adult home where he can volunteer in the community
as an interpreter and re-establish connection with his family.
Felipe Rodriguez, 51, has served almost 27 years of a 25 to life sentence following his
conviction of Murder in the Second Degree and Criminal Possession of a
Weapon in the Fourth Degree. While incarcerated, Rodriguez has excelled
as a devoted leader of the Catholic faith, leading worship and bible study
groups as well as contributing to facility Catholic newsletters. In 2013,
his religious work earned him a laudatory visit from Cardinal Timothy
Dolan, the Archbishop of New York. Rodriguez is also known for using his
faith to guide infamous New York serial killer, Artie Shawcross, towards
atonement before Shawcross’ death in 2008. Over the last 26 years,
he has prepared himself for a productive life post-release by training
in masonry, television and radio repair, and barbering, as well as HIV/AIDS
counseling, receiving marks of high praise from his instructors in all
courses. Felipe Rodriguez will reunite with his 30 year-old son, who was
three years old when Mr. Rodriguez was taken into custody, and looks forward
to being there for him as a father upon his return.
Valerie Seeley, 61, has served 15 years of a 19 to life sentence for Murder in the Second
Degree after killing her live-in boyfriend. She had a documented history
of domestic violence at his hands, including having an order of protection
against him. She turned to the domestic violence support group Steps to
End Family Violence (STEPS) before trial and has stayed active with this
group throughout her time in prison. She has improved herself by working
towards her high school equivalency, and taking all rehabilitative programming,
including Aggression Replacement Therapy. This grandmother has a good
disciplinary record, and upon release, looks forward to living with her daughter.
Governor Cuomo today commuted the extraordinarily long sentences of two
individuals, enabling them to appear before the Board of Parole within
the first quarter of 2017:
Judith Clark, 67, has served over 35 years of her 75 years to life sentence. On October
14, 1983, she was convicted of Murder in the Second Degree and Robbery
in the First Degree in Rockland County for driving the getaway vehicle
in a 1981 Brinks armored car robbery. Clark, who appeared pro se at her
trial, received one of the longest sentences of her six co-defendants,
the majority of whom are either deceased or no longer in custody. She
received the same sentence as one of the known shooters. Her only female
co-defendant, Kathy Boudin, whose participation in the underlying crime
was similar to Clark’s, received a 20-year minimum sentence and
was paroled in 2003, and then discharged from parole supervision in 2010.
While at Bedford Hills, Clark has made exceptional strides in self-development.
She earned a Bachelor’s Degree and a Master’s Degree from
Mercy College and has an extensive prison programming record including
teaching pre-natal parenting courses in the Nursery Program, founding
an HIV/AIDS education program, training service dogs in the Puppies Behind
Bars program, and serving as a college tutor. Further, she has maintained
a perfect disciplinary record and lives in honor housing. Based on her
original sentence, she would be 106 years old before she becomes eligible
for parole, leaving her without an opportunity to appear before the parole
board during her natural lifetime.
Jim Whitt, 50, has served more than 20 years of a 33 1/3 years to life sentence
imposed during the late 1990s, under the harsh sentencing guidelines of
the old Rockefeller drug laws. He was still a young man in his twenties
when he was convicted of Criminal Sale of a Controlled Substance in the
First, Second and Third Degrees, and Conspiracy in the First Degree. He
is serving combined concurrent sentences that amount to 25 to life in
prison, made even longer by additional shorter sentences for lesser included
charges that were run consecutively. Whitt was a non-violent offender
with no prior criminal record, and has not incurred any disciplinary infractions
in the last 10 years. Without this commutation, he would not be eligible
to appear before the parole board until 2030, when he is 63 years old.
If he were charged today, rather than under the Rockefeller drug laws,
he would not face a life sentence. With this commutation to the parole
board we are removing the zero tolerance, life sentence punishment of
the Rockefeller Drug Law era.
Governor Cuomo today issued the following pardons:
DeJuan Callender, 42, was convicted of disorderly conduct and unlicensed operation of a
vehicle resulting from an incident in 2002. He has had no further criminal
activity, but because of his prior criminal history he was ordered to
be removed from the country in 2005 – although the order was not
originally executed. For several years, Mr. Callender has worked steadily
and on-the-books as a doorman for a residence in White Plains, NY, where
several residents attest to his work ethic and good character. In 2015,
he was placed into federal Immigration and Customs Enforcement custody
based on the 2005 removal order. He has a six year-old son and wife, both
of whom are United States citizens. Based on evidence of his rehabilitation,
as well as the special circumstances of a pending removal from the United
States, the Governor is issuing a pardon for the 2002 state offenses,
which served as grounds for the order of removal. Mr. Callender will seek
to reopen his removal order in immigration court, using the pardon as
a changed circumstance.
Jessica Ennist, 33, was the subject of several convictions for Driving Under the Influence
and Assault in the Third Degree during a period of heavy drinking that
ultimately led her to drop out of community college. She has been sober
since her last conviction in 2006, and has volunteered in substance abuse
programs in jail and sponsored several young people battling addiction.
She is a current PhD student at Bozeman Graduate Chemistry Department
of Montana State University, aiming to become a research chemist. She
has earned accolades as a young woman of color in science as a member
of The SUNY Louis Stokes Alliance for Minority Participation (SUNY LSAMP),
and was featured in a “SUNY LSAMP Student Success Stories”
report from 2011. Additionally, she was granted a Certificate of Honor
from New York State Collegiate Science and Technology Entry Program (CSTEP)
in April 2010. A pardon will allow Ms. Ennist to apply for federal research
grants as a research Chemist, which she is currently unable to do as a
result of her past convictions.
Kelly Jarrett, 64, was convicted of Murder and Robbery in the First Degree in 1977;
subsequently, she was convicted of Escape in the Second Degree and Attempted
Escape in the First Degree in 1979. She received an aggregate sentence
of 28.5 years to life in prison. In 2005, Ms. Jarrett was released after
completing her minimum 28.5-year sentence and she was released from parole
supervision in 2008. Throughout her incarceration, she maintained an excellent
disciplinary record and worked in the prison infirmary as a caretaker
for terminally ill inmates suffering from AIDS and cancer. This compassion
extended to her profession outside of prison, and for the last 13 years,
she has resided and worked at the Franciscan Missionary Sisters of the
Sacred Heart, a Catholic religious convent, where she cares for ill and
elderly nuns. With this pardon, she plans to attend nursing school and
obtain a nursing license to expand her employment opportunities.
Anthony Papa, 62, was convicted of Criminal Sale of a Controlled Substance in the First
Degree and Criminal Possession of a Controlled Substance in the First
Degree in 1985. He was sentenced under the former Rockefeller Drug Laws
to 15 years to life in prison; however, after serving 12 years, his sentence
was commuted by former Governor George Pataki on December 23, 1996, he
was released from prison on January 23, 1997, and successfully completed
parole supervision on January 25, 2002. Mr. Papa is an author and painter.
He has published two books about his experience living and painting through
his 12 years in prison including
This Side of Freedom: Life After Clemency (2015), and
15 to Life: How I Painted My Way to Freedom (2004). His artwork has been displayed in museums, including the Whitney
Museum of American Art. With this pardon, Mr. Papa hopes to expand housing
and employment opportunities, as well as restore his right to serve on a jury.
Mitchell
Pine, 63, was convicted of Attempted Criminal Sale of a Controlled Substance
in the Sixth Degree, for which he was sentenced to a five-year term of
probation. He has since led a law-abiding life in the Fort Lauderdale
area of Florida, father to 2 adult autistic sons. He volunteers much of
his time at his son’s autistic services center, involved in parenting
workshops for fathers with autistic children and developing new technologies
allowing autistic individuals to communicate more effectively. Mr. Pine
will use the pardon to reopen his petition in the Florida court system
to register as the legal guardian for his youngest son, age 18, so that
he may manage his son’s insurance and medical needs.
Pro Bono Project Update
The Pro Bono Clemency project announced by the Governor in October of
2015 is underway. Volunteer lawyers from the New York State Bar Association,
the Legal Aid Society of New York, the New York County Lawyer’s
Association, the New York City Bar Association, the Prisoners’ Legal
Services of New York’s Pro Bono Project, and the Volunteer Lawyers
Project of Onondaga County have been trained in preparing clemency applications
through a webinar program hosted by the Executive Chamber in January.
Attorneys from these organizations are actively assisting individuals
who are currently incarcerated in New York State prisons with their application
packages. These efforts have resulted in a steady supply of high-quality
clemency applications for the Governor’s Office to review.
Individuals interested in applying for clemency should visit Governor
Cuomo’s clemency website –
www.ny.gov/clemency - launched within the last year. The website is a central resource for
those seeking to learn more about clemency, eligibility requirements,
and the application process, including submitting application materials
electronically. Family members and friends of individuals serving prison
sentences are encouraged to visit the website and apply for clemency on
behalf of their family member or friend.
State Senator Brad Hoylman said: "I heartily applaud Governor Cuomo for granting this commutation,
which I have supported, and allowing Judith Clark to appear before the
Board of Parole. I met Judith at Bedford Hills Correctional Facility for
Women when I was first elected to the Senate four years ago and have been
moved by the extent of her personal redemption and the widespread support
for her clemency from within and outside the criminal justice system.
Through her multitude of good works, compassion for fellow prisoners and
self-improvement, Judith has more than proven that rehabilitation is indeed
possible. Today's news is a sterling example of how our criminal justice
system should work."
Senator George Latimer said: "Governor Cuomo deserves enormous credit for recognizing when someone
has turned their life around and is deserving of a pardon that will remove
a very real barrier to their freedom, as the case of DeJuan Callender
who is facing deportation. This is a father to a six year-old child and
we should not punish him, but honor his journey to rehabilitation and
becoming a success story."
Assemblyman David Buchwald said: “ Governor Cuomo has shown compassion to those worthy of his act
of clemency, and such is the case with DeJuan Callender. With the prospect
of deportation, the Governor has rightfully stepped in to prevent an injustice
from occurring while acknowledging his rehabilitation and transformation
from incarceration to a member of our community."
Nina Morrison, Senior Staff Attorney at the Innocence Project, said: "We are grateful that Governor Cuomo has recognized the extraordinary
record of community service and dedication to others that Felipe Rodriguez
has demonstrated throughout his incarceration, and which we have no doubt
will continue after his release. Thanks to the Governor's compassion,
he will be reunited with his family for the first time in more than twenty-six
years."
New York State Secretary of State Rossana Rosado
said: "As the Chair of the Governor's Council on Community Re-Entry
and Reintegration, I commend Governor Cuomo’s actions today to provide
these individuals a second chance and the opportunity to return to their
families and communities. We remain committed to addressing the wide range
of challenges facing formerly incarcerated people who have paid their
debt to society in order to help build stronger families and safer communities
all across New York.”
Elizabeth Gaynes, President/CEO of the Osborne Association, said: “In decades of working behind the walls, Osborne has learned that
there are many men and women who, regardless of crime, have transformed
their lives, pose no risk to public safety, and only desire an opportunity
to make amends for the harm they caused. Those whose sentences were commuted
today have taken responsibility for their crimes and have demonstrated
true rehabilitation. Governor Cuomo is to be commended for his courage
and wisdom in demonstrating that New York is a land of second chances,
in recognizing that a system based only on punishment makes society neither
safe nor just, and in affirming the possibility of redemption for each of us.
Anne Patterson, Director of STEPS to End Family Violence, said: "We, at STEPS to End Family Violence, want to express our profound
gratitude to Governor Cuomo as he grants clemency to Valerie Seeley. Our
beloved founder, Sister Mary Nerney, met Valerie shortly after she was
arrested and maintained a strong bond with her until Sister Mary's
death. During our agency's long relationship with Valerie, we learned
about the pain she endured at the hands of her abusive partner. We also
witnessed Valerie's uncommon resilience, her ability to persevere
in the face of devastating loss, and her true sense of remorse. We are
deeply appreciative of the Governor's recognition of the special circumstances
that lead to Valerie's incarceration and celebrate his noble act of
compassion."
Anthony C. Thompson, Professor of Clinical Law and Director of the Center
on Race, Inequality and the Law at New York University School of Law ,
said: "I applaud Governor Cuomo in the exercise of one of his most important
responsibilities: granting clemency to these deserving candidates. While
clemency can be a difficult matter, the Governor has demonstrated a careful
and thoughtful approach in showing mercy and redemption for these individuals.
We thank him for his courageous leadership."
Ronnie Eldridge, Former NYC Council Member and Director for the Division
of Women under M. Cuomo, said: “By using his power to grant clemencies to these individuals, the
Governor has made a profound statement in acknowledging that people can
change and become a positive force for good in their communities. This
is further proof that our correctional system is not just a place to punish,
but a place to reform, to rehabilitate, and ultimately to provide a better
way forward.”
Max Kenner, Founder and Executive Director of the Bard Prison Initiative, said: “Whether it’s college classes in prisons or developing youth-based
programs to teach them the skills they need upon reentry, the Governor
has fundamentally changed the way we approach criminal justice reform
here in New York. These clemencies display an empathy that is much deserving
and will make a transformative difference in the lives of these person
and their families.”
Steven Zeidman, CUNY Professor, said: "The Governor has shown a remarkable level of empathy in his decision
to commute the exceptionally long sentence of Judith Clark and giving
her the chance to make her case before the Board of Parole. Whether it's
gaining an education or helping others through programs offered in prison,
this is a once in a lifetime opportunity for her to show the Board just
how much self-development she has made."
Seymour W. James, Jr., Attorney-in-Chief of The Legal Aid Society, said: “We are pleased to be working with the Governors’ office on
clemency cases to identify worthy candidates who can re-establish their
lives and again productively contribute to our New York community. Clemency
has always been a fail-safe against unduly harsh punishments, particularly
for those who made mistakes at a young age and have worked hard to rehabilitate
themselves.”
Ann Jacobs, Director of the John Jay College of Criminal Justice's
Prisoner Reentry Institute, said: "The Governor’s commutation of Judy Clark’s sentence
for consideration by the parole board is both principled and inspiring.
It evidences the best of American values –of giving second chances,
of recognizing that the measure of a person is more than the worst they
have done, but what they have done to learn from their mistakes and to
give back. For decades now, Judy has been a pivotal member of the community
of incarcerated women who have seen needs and found creative ways of addressing
them even within the confines of a prison. Judy has been an asset to the
Bedford Hills Correctional Facility community and I am confident will
continue to find ways to contribute to society if she is released."
Soffiyah Elijah, Executive Director, Alliance of Families for Justice, said: "Governor Cuomo is to be commended for his important decision to grant
clemency, through commutations and pardons, to a deserving group of petitioners.
His decision recognizes the importance of redemption and rehabilitation;
that people should be judged by who they are today and not who they were
decades ago. In the case of Valerie Seeley, a domestic violence survivor,
this grant of clemency acknowledges the complex set of circumstances surrounding
the life and suffering of a battered individual. This is an extremely
significant step in the right direction for New York."
Claudia Angelos, Professor of Law, NYU, an attorney who represented Kelly
Jarrett in the late 1970s and 1980s, said: “During Patsy Kelly Jarrett’s long imprisonment and since her
release on parole she has lived a life of extraordinary grace. The governor’s
grant of pardon is a true act of justice that serves all the people of
our state.”
Scott Christianson, Ph.D., former New York State criminal justice official, said: “I cannot imagine a more fitting recipient for executive clemency
than Patsy Kelly Jarrett, an individual who served more than 28 years
in prison, and whose life since her early discharge from parole has been
exemplary and further shows that she has earned a pardon. Since her release
from prison in 2005—which neither the family of the deceased victim
nor local or state criminal justice officials opposed—Ms. Jarrett
has worked tirelessly to care for elderly and infirm nuns in a convent
in Peekskill and a pardon will help her seek a license to provide home
health care. She poses no risk and bears no animus toward anyone. She
is a paragon of virtue.”
Bennett Gershman, Professor of Law, Pace Law School and former prosecutor
with the Manhattan District Attorney’s Office, said: “I first became aware of Kelly’s case in the early1990s and
have always been struck by Kelly’s courage, perseverance, and commitment
to those persons most in need of help. She has been a transformative presence
in the lives of the many people she touched. Her work inside prison and
after—on behalf of the vulnerable, weak, and ill—is well documented.
Her goodness, humanity, and compassion have lifted the spirits and inspired
hope in so many people. Kelly is exactly the kind of person for whom the
act of clemency was meant to be used.”
Abbe Smith, Professor of Law, Director, Criminal Defense & Prisoner
Advocacy Clinic, Georgetown University Law Center, and Kelly Jarrett’s
lawyer, said: “Clemency is meant for the most extraordinary and deserving individuals
that dedicate their lives to the greater good. After spending nearly 30
years in prison, Patsy Kelly Jarrett has continued to live a life of service
on the outside. Everyone whose life she touches is the better for it—and
she will now be able to care for more elderly and ailing people without
the impediment of a criminal record. I could not be more grateful to Governor
Cuomo for exercising his executive power for such a worthy person.”
Michael Cardozo, former President of the New York City Bar Association,
former New York City Corporation Counsel under Mayor Bloomberg, and longtime
practicing lawyer, said: "I am delighted that the Governor has chosen to exercise his clemency
power in this major pursuit of justice. Given the overwhelming facts surrounding
Judith Clark, I applaud him for making this decision."