Columbus, Ohio -- Ohio Governor Ted Strickland today announced clemency decisions for 63 pending applications carried over from 2005 and 2006, and 233 applications recommended by the Ohio Parole Board in 2007.
Among the governor's clemency decisions is a commutation of the sentence of Willie Knighten, Jr. to time-served.
Governor's Constitutional Clemency Authority & Process
The Ohio Parole Board and Governor Strickland consider applications for two forms of clemency: commutations and pardons. A commutation is the change of a legal punishment for the commission of a crime to a lesser punishment. A pardon is a complete forgiveness for a crime committed, eliminating all penalties and other legal consequences for the commission of a crime. An individual granted a full and unconditional pardon is deemed, by law, to have never committed the offense.
The Ohio Constitution authorizes Ohio's governor to grant pardons and commutations "for all crimes and offenses, except treason and cases of impeachment" (Article III, Section 11). Under Ohio law, the governor may only grant a pardon or commutation after the adult parole authority has received a clemency application and the parole authority has provided a written recommendation to the governor. The governor may follow or reject the parole authority's recommendation.
The governor's legal staff review of each parole board recommendation includes, but is not limited to: communication with the court and the prosecutor's office involved in the conviction; input and assistance from law enforcement officials, defense counsel, witnesses, victims and others who may have information relevant to the governor's decisions; consultation of official records from the offender's prosecution and appeals, the parole board's report and exhibits, petitions, letters, media reports and other documents or materials concerning the case.
The legal counsel prepares these findings for the governor's review, initially shielding their clemency recommendations at the governor’s request. After a thorough and detailed discussion of the specifics of a given case, the legal staff presents their recommendation for or against clemency. The governor considers the totality of information presented for each application and decides whether to approve or deny clemency.
The governor's office estimates that in excess of 1,000 person hours have been spent reviewing the cases announced today.
"I believe the clemency power should be used judiciously to give a second chance to those who have demonstrated they deserve it, and to modify the unusually long sentence that is out of sync with the norm," Strickland said. "I do not intend my clemency decisions to be seen as a determination that mistakes were made by judges, prosecutors, police officers or others in the criminal justice system. These decisions are another part of the overall system of justice that attempts to hold individuals responsible for their behavior while recognizing that ours is a society able to forgive, and welcome back, those who demonstrate they have earned, and can responsibly handle, society's mercy and forgiveness."
Today's decisions are for all pending clemency applications for which the parole board made a recommendation prior to January 1, 2008. This includes recommendations made to both Governor Bob Taft and Governor Strickland with some extending back to 2005.
Knighten Commutation
Among the governor's clemency decisions is a commutation of the sentence of Willie Knighten, Jr. to time-served.
Knighten, 37, was not convicted by a jury but by a trial judge, Judge William Skow, for a 1996 murder in Lucas County. In an extraordinary letter to the Ohio Parole Board written a few months before his death in June, Judge Skow explained that his verdict was wrong and that Mr. Knighten has now served 12 years in prison for a crime he likely did not commit.
The prosecutor supports the parole authority's consideration of clemency, which is unusual in a murder case. The Ohio Parole Board unanimously recommended a commutation of Knighten's sentence.
"The trial and sentencing judge in Mr. Knighten's case determined that his original finding of guilt was in error and that Mr. Knighten has now served 12 years in prison for an offense he likely did not commit. I believe I need to respect Judge Skow’s conclusion," Strickland said.
"The very foundation of our system of justice rests on the notion that every American is innocent until found guilty beyond a reasonable doubt. In this case, given the trial judge's recommendation to us and my office's careful review, I have concluded that reasonable doubt unquestionably exists. Therefore, a commutation is appropriate at this time."
Knighten is confined at Allen Correctional Institution. He will be released Tuesday, November 24, 2009.
2005 & 2006 Clemency Requests
- Governor Bob Taft did not act on 63 clemency requests from 2005 and 2006.
- Of the 63 applications, Strickland:
- Granted clemency 33 times – 29 pardons and 4 commutations
- The Ohio Parole Board recommended to grant clemency 38 times and to deny clemency 25 times.
- The governor agreed with the Parole Board 52 times and disagreed 11 times. Of those 11, he disagreed with a recommendation to grant clemency 8 times. He disagreed with a recommendation to deny clemency 3 times.
2007 Clemency Requests
- Strickland reviewed 233 clemency applications received in 2007.
- Of the 233 applications, Strickland:
- Granted clemency 45 times – 39 pardons and 6 commutations
- The Ohio Parole Board recommended to grant clemency 43 times and to deny clemency 190 times.
- The governor agreed with the Parole Board 215 times and disagreed 18 times. Of those 18, he disagreed with a recommendation to grant clemency 8 times. He disagreed with a recommendation to deny clemency 10 times.
A chart outlining the governor's clemency decisions is available.
Most of Strickland's favorable clemency decisions are grants of pardon (2005-2006: 29; 2007: 39) associated with comparatively minor and/or non-violent offenses. In every case, these pardons have been granted to individuals who have completed their entire sentence, usually many years ago. Virtually every case involves an individual who has not reoffended with the exception of traffic violations.
The individuals granted pardons today have demonstrated that they have been rehabilitated and have assumed the responsibilities of citizenship.
A small number of favorable clemency decisions are grants of commutation (2005-2006: 4; 2007: 6). In most of these cases, the governor has concluded, after careful review of each case, that the sentence imposed for the crime amounted to a fundamental injustice, or was so overly disproportionate to the sentences imposed upon others committing similar offenses, that a modification of the sentence was warranted.
With the exception of Mr. Knighten's commutation to time-served, all of the individuals receiving commutations remain incarcerated for the crimes they have committed. They may become parole-eligible for release by the parole board sooner than they otherwise would have. The parole board will review and monitor the behavior of these individuals to determine whether they will remain incarcerated or be released under post-release control.
Strickland has already begun his review of the 177 recommendations received from the Parole Board during 2008, after which he will turn to the 226 recommendations already received in 2009.