Granholm should put power to grant justice to full use

12-23-2010 Michigan:

BY JEFF GERRITT, FREE PRESS EDITORIAL WRITER

Hundreds of inmates who could safely go home -- some almost certainly innocent -- will either die in prison or languish there indefinitely if Gov. Jennifer Granholm won't fully exercise her rightful power of commutation.

In her final days in office, Granholm should grant a commutation for every applicant worthy of one. No doubt, using this special power recklessly could disrespect crime victims and endanger the community. But not using it where warranted would also create an egregious injustice -- a kind of sin of omission -- that the governor would have to live with.

The almost godlike power to commute and pardon comes once in a lifetime -- and to very few people. Gov. James Blanchard pardoned one inmate and commuted the sentences of six during his eight years in office. In 12 years, Gov. John Engler pardoned nine and commuted 34 sentences.

I can't fathom what it feels like to have that kind of juice, but earlier this month I talked to another former governor who can -- William Milliken, Michigan's CEO from 1969-82. Milliken, who commuted 95 sentences in his three terms as governor, told me something I hope Granholm will hear: His one great regret was not commuting more sentences.

Will Granholm fully exercise her power to commute and pardon? The signs aren't encouraging. In her eight-year tenure, the former prosecutor has commuted 179 sentences. That's more than her predecessors did, but nearly half -- 72 -- have been for dying inmates, and she has denied commutations that even a tough Parole Board recommended.

More important, she has rejected many applications that should have been granted -- hands down. Henry Hill Jr., 47, of Saginaw, for example, is a poster child for repealing the state's notorious juvenile lifer law. He was running from a fight when his cousin shot and killed an 18-year-old. Still, at 16, Hill was sentenced to mandatory life. He has already served 30 years, with an excellent record. Now Granholm has virtually thrown away the keys on this mature, educated and spiritual man.

Incredibly, she also this week rejected the application of Frederick Freeman, 47, whose case is gaining national attention. A former Michigan State Supreme Court justice told me there wasn't enough evidence against Freeman to even bring his case to trial, with multiple eyewitnesses placing him 400 miles from the crime. Freeman said he learned of his denial on the yard, when a corrections officer told him, "Hey, heard the governor just (expletive deleted) you -- Merry Christmas."

Freeman has spent more than 20 years in prison for a murder that all available evidence says he didn't commit. He recently won a federal appeal, but that could take years to execute. I hope Gov.-elect Rick Snyder shows a greater sense of justice.

Darrell A. Siggers, 46, and Darryl Jamual Woods, 38, were both turned down as well, despite strong evidence of wrongful convictions and excellent prison records. Many other cases demand the governor's attention, including those advocated by the Michigan Women's Justice and Clemency Project.

With appellate courts practically rubber-stamping criminal convictions, commutations can safeguard a sometimes unjust criminal justice system -- but only if a governor has the courage and compassion to act. In her final days, Granholm can do everything she can or, decades later, look back and -- like a great governor before her -- regret that she didn't do enough. ..Source.. by Jeff Gerritt is a Detroit Free Press editorial writer. Contact him at 313-222-6585 or jgerritt@freepress.com.