clemency

State approves $1 million in reparations for man imprisoned 31 years

Lawrence McKinney, cleared of a rape conviction after spending more than three decades in prison, has become the first person in the state to receive $1 million in reparations from the state, the maximum allowed under Tennessee law, reports WTVF.

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Congressional candidate’s ex-wife asks Haslam for pardon (via email)

Allison Burchett, ex-wife of Knox County Mayor Tim Burchett and reportedly a “confidential informant” for the FBI since their 2012 divorce, has asked Gov. Bill Haslam to pardon her conviction for misdemeanor cyber crimes – part of a plea bargain arrangement – before he leaves office next January, reports Cari Wade Gervin.

The request came in a Dec. 13 email that the Nashville Post report says is similar to one sent this week to “dozens if not hundreds of people” by Allison Burchett contending Tim Burchett and others “orchestrated the false accusations” against her. Burchett is currently running for the Republican nomination in the 2nd Congressional District.

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Haslam goes against parole board, exonerates man in 1978 rape conviction

Press release from Gov. Bill Haslam

NASHVILLE – Tennessee Gov. Bill Haslam today issued the following statement on the exoneration of Lawrence McKinney:

“Today I granted Lawrence McKinney’s request for gubernatorial exoneration from his 1978 convictions. Though the facts of this case are complex and reasonable minds may draw different conclusions from them, ultimately I respect the determinations of the Shelby County Criminal Court and District Attorney General that Mr. McKinney was not guilty of the crimes for which he was convicted and would not have been prosecuted if the DNA testing results had been available at the time of trial. Mr. McKinney was released after more than 30 years in prison when the court set aside his convictions in 2009.

“In the eyes of the judicial system, Mr. McKinney is innocent. While I appreciate the hard work and recommendations of the Board of Parole, in this case I defer to the finding of the court charged with determining Mr. McKinney’s guilt or innocence.”

McKinney, 61, was convicted of rape and burglary in Shelby County. had his record expunged after his release from prison where he spent 31 years.

Further, from The Tennessean:

Although he was out of prison and had his record expunged, McKinney still sought an executive exoneration from the governor to enable him to file for compensation with the Tennessee Board of Claims.

McKinney had the support from state Rep. Mark Pody, Pastor John Hunn of Immanuel Baptist Church in Lebanon and attorneys Jack Lowery and David Raybin in his efforts.

…The Tennessee Board of Parole voted unanimously against recommending exoneration for McKinney in 2016. At the time, at least one parole board member questioned the completeness of the DNA evidence that cleared McKinney. 

The governor is not bound to follow that recommendation and can either grant, deny or choose not to act on an executive clemency request.

Haslam to consider clemency for reported sex abuse victim who committed murder at age 16

Tennessee Gov. Bill Haslam says his administration has begun gathering information on Cyntoia Brown, a Nashville woman whose murder conviction has become a cause célèbre, reports WPLN. But a decision on whether to grant her clemency is unlikely to come until the last days of his term in January, 2019, in keeping with a tradition established by predecessors.

Brown was convicted more than a decade ago for the murder of a Nashville man. Advocates for Brown say she was caught up in a so-called “sexual abuse-to-prison pipeline.” At 16 years old at the time of the crime, Brown says she was the victim of sex trafficking.

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Obama’s clemency to 36 Tennesseans: Excessive says Duncan; not enough says Cohen

Three dozen convicted felons in Tennessee have been given a second chance in recent years through commutations and pardons by President Barack Obama. Democratic Congressman Steve Cohen hopes he’ll do more before leaving office on Friday. Republican Congressman John J. “Jimmy” Duncan Jr. of Knoxville says the number already granted seems “excessive.”

So reports Michael Collins. Excerpts:

“There are still so many more people in prison for non-violent offenses like marijuana convictions and due to the crack-cocaine disparity – injustices that deserve clemency,” the Memphis Democrat (Cohen) said. “I’ve been disappointed for several of my constituents who I’ve been advocating for on behalf of their relatives who haven’t received clemency.”

Obama has been much more generous than his predecessors when it comes to using his executive powers to dole out forgiveness…. Obama has commuted the sentences of more inmates than all previous presidents combined. The commutations are part of an effort by the Justice Department to rectify what it sees as overly punitive sentences from the war on drugs.

So far, 36 Tennesseans have seen their sentences reduced by the president, ranking the Volunteer State 11th in the nation in terms of commutations. The state that received the most is Florida, where Obama has reduced the sentences of 190 felons since 2011. Next is Texas, with 123.

… Rep. John J. Duncan Jr., who was a state court judge in Knox County for seven years before he was elected to Congress, agrees that sentencing reform is needed. But he thinks Obama has gone overboard in handing out commutations, most of which have come over the past two years.

…Judges should have some latitude, for example, when sentencing someone who got mixed up in the wrong crowd when they were young and had just limited drug use, Duncan said.

“To put them in the same category with big-time drug dealers is wrong,” he said. But, “I doubt if I had been president I would have done 1,100 commutations in the last two years. That sounds excessive to me.”

 

 

 

 

 

 

Obama commutes sentences of five Tennesseans; grants pardons to two

President Barack Obama commuted the sentences Monday of five Tennesseans jailed on drug-related charges and pardoned two others convicted of non-violent crimes, reports Michael Collins.

In all, Obama commuted the sentences of 153 people across the country, including Rodney Bates of Milan, Amilcar Butler of Nashville, Joseph Lee Gulledge Jr. of Chattanooga, Kari Nicole Parks of Bristol and Timothy Orlando Rainey of Nashville.

Seventy-eight others received presidential pardons, including Kenneth Shannon Meadows of Celina and Allen Thompson Sherwood of Ooltewah.

The White House press release is HERE. Below is a cut-and-paste of information provided therein on each of the Tennesseans.

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