Editorial: Governor Cuomo’s Stingy Pardons

Written By Unknown on Sabtu, 04 Januari 2014 | 13.26

The power to grant clemency is a critical function of the executive branch. It serves as a last, case-by-case resort to remedy an unjustly long sentence, erase a wrongful conviction or show forgiveness where it is merited. But New Yorkers seeking clemency from Gov. Andrew Cuomo, either from within prison or after their release, have found virtually no consolation during the three years of his tenure.

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That fact was highlighted by Mr. Cuomo's decision this week to exercise his clemency power for the first time since taking office in 2011. When he finally took action, he did so with miserly caution, pardoning just three men for relatively minor crimes committed long ago.

Seymour Hunter, 70, spent one day in jail 20 years ago for trying to sell drugs. Gerardo Alvarez was sentenced to three days' community service after cocaine was found in his car. Rocco Paciello was convicted of statutory rape for dating a 15-year-old girl when he was 22. He served eight days in jail; he and his girlfriend later married and have been together 21 years. Mr. Cuomo said that each of these men "paid their debt to society long ago" and "are deserving of a second chance." Surely that is true, particularly for Mr. Hunter and Mr. Alvarez, both of whom hope to become United States citizens. But there are still many more prisoners serving unfairly long sentences under the state's outdated and only partly reformed Rockefeller drug laws, or who have demonstrated that they, too, deserve a second chance. As a former attorney general who fought for the laws' reform, Mr. Cuomo can do better.

Part of the problem is that New York's clemency process is opaque, unpredictable and unproductive.

Some states have developed better processes to handle clemency requests with more regularity and transparency. In California, Gov. Jerry Brown issued 127 pardons last month, and in Illinois, Gov. Pat Quinn has granted clemency more than 1,000 times over four-plus years. Mr. Cuomo should show more courage on this issue and take the lead to improve New York's clemency process.


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