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| 麻州州長奚莉 (Maura Healey)。 (檔案照片，周菊子攝) |
(Boston Orange 編譯) 麻州州長奚莉 (Maura Healey) 上任僅約6個月，今 (15) 日宣佈建議赦免7人，藉以展現仁慈，以及麻州司法過於嚴峻部分的仍有待改革。
奚莉州長建議赦免的7人，都已出獄，年輕時所犯案刑也都不算嚴重。奚莉州長的赦免建議，還需經過麻州州長議會同意，才能落實。
根據麻州州長辦公室的聲明，過去30多年來，這還是第一次有麻州州長在上任第一年內就建議赦免這麼多人。
奚莉州長建議赦免的7人，分別為Edem
Amet，Xavier
Delvalle，Glendon
King，John
Latter，Deborah
Pickard，Gerald
Waloewandja 和
Terrence Williams。
Edem Amet是在1995年他20歲時，在學校區內持有並販售毒品，被判入獄2年。出獄後他有穩定工作，還開了自己的房地產公司，但由於犯罪紀錄，導致他無法成為美國永久居民。
Xavier
Delvalle是2006年他19歲時，夜晚持竊盜工具侵入民宅，意圖偷竊，被判緩刑，後來他到松街客棧當志工，協助組織發出6個獎學金給大專學生，做了許多善事來彌補自己的過錯。如今他有意入伍從軍，卻因犯罪紀錄無法如願。
Glendon
King是1992年他30歲時，持有毒品，並意圖出售而確認罪行。這些年來他不但從波士頓拉丁學院畢業，上了匹茲堡大學，加入美國陸軍及陸軍衛隊，2001年以中尉隻身榮譽退伍。如今他已身為曾祖父，打算搬到佛羅里達州兼差當警衛。
其餘幾人也都是分別在15，18，19歲等青少年時期犯下縱火，襲警，持有並意圖販毒，以危險武器打人等罪行。
在麻州州長辦公室發出的聲明中，奚莉州長說，新政府在接掌政權不到一年之際，就建議赦免這些人，是因為正義不能等。這幾人已經為他們所犯過錯，負起責任，接受了懲罰。其中許多人所犯罪行發生在許多年前，有些人的犯行也十分輕微，但他們仍在為自己當年的行為付出代價。她希望赦免行動能夠讓這些人不再受過去牽絆。
波士頓環球報指出，奚莉州長當初在競選時已透露有意修訂”赦免行政指南”，但奚莉在公佈建議赦免名單時，並未給出她打算如何修改”赦免行政指南”的說法。
歷年來，麻州州長們大都等到快卸任時，才來赦免，而且赦免的人數一般也都很少。如前州長Deval
Patrick在他的第2個任期末尾，赦免了4人，共和黨籍的代理州長Jane
Swift赦免了7人，共和黨籍的Mitt
Romney則是唯一沒有赦免任何一個人的州長。
在奚莉之前的查理貝克
(Charlie Baker)州長，經由州議會批准，赦免了15人。他還建議為3名被判終身監禁者減刑。但其中40年前經營家庭式Fells Acres日間托兒所，被控性虐待兒童的Gerald Amirault 和Cheryl
Amirault LeFave，在受害者家屬的集體反對下，被州長議會否決了他的建議。
Five
Months into Office, Governor
Healey Recommends Seven Individuals for Pardons
First Massachusetts Governor
in 30 years to recommend pardons in her first elected year
Recommendations include veteran, firefighter,
social worker, nurse, cancer patient; individuals seeking to join
military, law enforcement
BOSTON – Governor Maura Healey today
announced that she is recommending seven individuals to the Governor’s Council
for pardons, making her the first Massachusetts Governor in more
than 30 years to recommend pardons in her first elected year. It
is also the most pardons recommended by a Governor in their first year in
more than 40 years. Those recommended are Edem
Amet, Xavier Delvalle, Glendon King, John Latter, Deborah Pickard,
Gerald Waloewandja and Terrence Williams.
“We are taking the
extraordinary step of recommending pardons just months into the
start of our administration because justice can’t wait,” said Governor Healey. “These seven individuals
have accepted responsibility for their crimes, which were often committed many
years ago when they were young or suffering from challenging personal
circumstances such as substance use disorder or abuse. They’ve taken
productive steps to improve their lives and make meaningful contributions
to their communities, but they still face barriers because of
their distant criminal records. They shouldn’t have to spend one more day
being held back from reaching their full potential. We strongly believe
that each of these individuals are deserving of a pardon so that they can
pursue their dreams, remain united with their families and communities, and
continue to serve our nation. Our administration views clemency as an
important executive power that can help soften the harsher edges of our
criminal justice system. We are currently working to modernize the state’s
clemency guidelines to center fairness and racial and gender equity.”
“Among those who Governor
Healey is recommending for pardons include a veteran,
firefighter, social work, nurse, cancer patient, and public works employee.
They have dreams of joining the military or law
enforcement. They have families and deep community ties,” said Lieutenant Governor Driscoll. “We are grateful to
the Advisory Board of Pardons for their thoughtful recommendations
and look forward to working closely with the Governor’s Council to advance
justice and equality, and to make a real difference in the lives of these seven
individuals and their loved ones.”
The Governor of Massachusetts has
the power to grant executive clemency for offenses violating state law,
including both pardons and commutations, with the advice and consent of the
Massachusetts Governor’s Council. A pardon is a forgiveness of the
offender's underlying offense. The Advisory Board of Pardons first
reviews all petitions for executive clemency and makes a
recommendation to the Governor. The Governor then makes the ultimate
determination on whether to proceed and grant the petition for executive
clemency with the advice and consent of the Governor’s Council.
Those being recommended
for pardons are:
Edem Amet: In 1995, at the age of 20,
Amet was convicted of three counts of Distribution of a Class B Controlled
Substance and three counts of Distribution of a Controlled Substance in a
School Zone in Hampden Superior Court. He was sentenced to one day in the House
of Correction for the drug-distribution convictions and two years in the House
of Correction on the School Zone violations. He’s held steady employment over
the years and most recently started his own real estate investment firm despite
battling prostate cancer. Amet is an immigrant who came to the United States as
a young child, but his drug convictions have hindered his ability to become a
permanent resident. Amet was unanimously recommended for executive clemency by
the Parole Board.
Xavier Delvalle: In 2006, at the age of
19, Delvalle was convicted of Breaking and Entering at Night with Intent
to Commit a Felony, Possession of Burglarious Tools, and two counts of Larceny
in 2006 in Waltham District Court and sentenced to probation. He now lives
with his wife and two children in Fort Worth, Texas, obtained his GED, and is
employed by American Airlines as a ramp fleet clerk. Over the years, he has
given back to his community by volunteering at the Pine Street Inn,
participating in a toy drive, and contributing to the Old Charlestown
Schoolgirls Association to help the organization award six
scholarships to college students. He wants to join the military
and pursue a career as an aviation mechanic but is unable to fulfill this
dream because of his past convictions. He was also previously denied from
a job as a Corrections Officer in Boston due to his record. Delvalle was
unanimously recommended for executive clemency by the Parole Board.
Glendon King: In 1992, at the age of 30, King was convicted of
Possession with Intent to Distribute a Class B Controlled Substance and
Possession of Class D substance in Boston Municipal Court. He is now married
with six children, ten grandchildren and one great-grandchild. He
graduated from Boston Latin Academy in 1980 and attended the University of
Pittsburgh on a partial athletic scholarship. He then served in the United
States Army and Army National Guard, and received an Honorable Discharge in
2001, after attaining the rank of First Lieutenant. Mr. King later joined the
Boston Fire Department in 1999, where he has worked for more than 20 years. He
is approaching retirement and plans to move to Florida and to work part-time as
a security guard after he moves. King was unanimously recommended for
executive clemency by the Parole Board.
John Latter: In 1966, at the age of 19, Latter was convicted of
arson in Middlesex Superior Court. He drove tractors for several
years and then obtained his GED in 1985. After an injury at work, he
attended Assabet Valley Vocational School in 1998 and became a Licensed
Practical Nurse for 22 years in Massachusetts. He worked in several positions,
including a post at Milford Meadows and Northborough Senior Center, and
he also volunteered at Berkshire Rehab and Skilled Nursing Center. He
retired in 2018, more than 50 years after his
conviction, and relocated to Florida with his wife, where
he attempted to obtain a nursing license to work and volunteer but
was denied because of his record.
He has been sober since 1992 and has three children,
fourteen grandchildren, and two great grandchildren. Latter was
unanimously recommended for executive clemency by the Parole Board.
Deborah Pickard: Pickard was convicted of several
crimes while she was in her 20s between 1982-1987,
including Assault and Battery upon a Police Officer, Assault with a
Dangerous Weapon, Malicious Destruction of Property over $100, Operating Under
the Influence of Alcohol, and a Compulsory Insurance
Violation, Disorderly Conduct, Possession of Class B and Class D
Substances, Drinking Alcohol in Public, and Possession of a Class D
Substance. She had grown up in a violent household where she
witnessed and was the victim of physical abuse. She suffered from substance use
disorder from an early age and turned to substances to cope with mental
health challenges, including suicide ideation. She has
been sober since 2001, received a master’s degree in social work and
works as a licensed clinical social worker, specializing in substance use and
trauma treatment. She lives with her family in North
Carolina. Pickard was unanimously recommended
for conditional executive clemency by the Advisory Board of Pardons.
Gerald Waloewandja: In 2003, at the age
of 18, Waloewandja was convicted of Possession with Intent to
Distribute a Class A Controlled Substance, to wit, Heroin, in 2003 in
Lawrence District Court. This is his only criminal offense and was
committed at a time when he was suffering from substance use disorder. He
is now married with two children and lives in Maine, works and
volunteers in the community, and is an active member of his church. He was
unanimously recommended for executive clemency by the Parole Board.
Terrance Williams: In 1984, at the age of 15, Williams was found delinquent
of Assault and Battery by Means of a Dangerous Weapon in Brighton Juvenile
Court and sentenced to probation and community service. The victim
did not press charges and remains friends with Williams to this
day. Williams has been employed at the Boston Water and Sewer
Commission for approximately 33 years, and currently holds the position of
Operations Manager. He also works part-time at the Suffolk County Sherriff's
Department as a Civil Processor, a position he has held for approximately 15
years. Williams started an organization, the “Mighty Mission,” that takes local
kids on trips outside of the city to play in basketball tournaments. Throughout
his life, he has dreamed of being a police officer, but his delinquency
finding has prevented him for doing so. He has also been denied six different
times from a job at a private security company. Williams was unanimously
recommended for executive clemency by the Parole Board and also has
strong support from Congresswoman Ayanna Pressley.
Statements of Support:
Congresswoman Ayanna Pressley
“The
power of clemency and redemption are profound, and this historic action by
Governor Healey will help set these seven individuals—as well as their
communities and loved ones on a pathway to healing. I’m grateful to the Healey
Driscoll Administration for moving swiftly to recommend these pardons and urge
the Governor’s Council to approve them without delay. Our mass incarceration
crisis has exacted far too much harm, especially for our Black and brown
communities, and exacerbated generational trauma, and we must use every tool
available to address it head-on.”
Carol
Rose, Executive Director of the ACLU of Massachusetts
“We’re
grateful that Governor Healey is keenly alert to injustices in the criminal
legal system. We commend the administration for beginning to use clemency as
the important safety valve it’s designed to be, and hope the
administration will make clemency a routine part of their work to increase
justice and address inequities in the criminal legal system. We also look
forward to working with the Governor to address front-end systemic
injustices that result in racial disparities in policing, prosecution,
sentencing, and over-incarceration.”
Martin
W. Healy, Chief Legal Counsel, Massachusetts Bar Association
“Today
we celebrate an unprecedented action by Governor Healey that clearly
demonstrates her unwavering commitment to making our commonwealth’s justice
system more equitable for all. These groundbreaking pardons by the Governor
break the mold of previous administrations that largely exercised their
clemency powers on a very limited basis and in the waning days of their
administrations. We applaud Governor Healey for her courageous actions and
focus on modernizing our justice system by making it more just for all citizens
of the state.”
Chinh
Pham, President, Boston Bar Association
“For
nearly 250 years, the Massachusetts Constitution has invested in the Governor
the authority to issue pardons as part of our structure of checks and balances,
yet this critical element of a functioning justice system has fallen into
disuse and neglect in recent decades. With proper oversight and transparency,
pardons can bolster the rule of law by offering a safety valve to redress
errors such as wrongful convictions or unjust sentences and to recognize and
reward individuals for successful rehabilitation—which is, after all, one of
the primary goals of criminal sentencing.”
Elizabeth Sweet, Executive
Director, MIRA Coalition
“Far too often, immigrants suffer
a double punishment in the criminal justice system. Individuals who have served
their time learn that a past conviction will continue jeopardize their
immigration status long into the future, regardless of how they contribute to
their community. MIRA Coalition applauds Governor Healey's request for pardons
for these individuals to avoid devastating immigration consequences for their
families.”
Devin McCourty, Retired
Patriots Safety, 3x Super Bowl Champion, Social Justice Advocate
“It’s an absolute pleasure seeing
Governor Healey get straight to work. We often run into each other at events
championing the idea for change. I’ve had the pleasure to witness William
Allen being released; I’m so happy Governor Healey gets to experience the same
feelings I did.”
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