July 28 ARKANSAS: Governor proposes new policies for granting clemencies To the relief of victims' families and prosecutors, Gov. Mike Huckabee on Tuesday said he would backtrack on some existing clemency recommendations and change his overall approach to the process. The announcement came amid growing criticism of Huckabee for recent recommendations for the early release of violent criminals. "A great deal of media and public attention has been paid to the executive clemency process in recent weeks," the governor said, adding that he understands "the unique nature of the pain the victims of crime and their families must endure." "I take this part of my job seriously - very seriously," he said. Huckabee, who had drawn the ire of prosecutors and victims' families for not discussing the reasons for his recommendations, said he will be more forthcoming with information on why he made specific decisions. He said his office will release a form in each clemency case that gives specific reasons for any action taken. "The public deserves an explanation for the reasoning behind each decision," he said. Huckabee said early in his administration he was advised not to elaborate on the basis for granting or denying clemency. He said the theory was that other inmates could tailor their requests to fit his explanations for granting a clemency. "I've thought about it a great deal and now realize that the greater good is served if a more detailed reason is provided," Huckabee said. Prosecutors who had been most critical of the governor hailed the announcement. Saline County prosecutor Robert Herzfeld said the changes in the process proposed by the governor amount to "a victory for the people of Arkansas." Pulaski County prosecutor Larry Jegley is also excited about the news, said Mara Malcolm, administrator for Jegley's office. Jegley was out of the office Tuesday, she said. "He just hopes that it's responsive to the concerns that have been raised to him by the victims' family members and fellow citizens," Malcolm said. The governor also said he plans to: -Ask the state Post Prison Transfer Board, which recommends the granting or denial of each clemency application, to review its process. -Seek legislative approval next year of a measure that gives the Post Prison Transfer Board subpoena powers as it investigates clemency and parole matters. -Ask the Legislature to re-examine the requirement that a governor review every case submitted to the Post Prison Transfer Board and then act within 120 days of receipt. "There may need to be other changes in the system," Huckabee said. "I'll be asking various people to look at the system and make additional recommendations to me." Huckabee has used his clemency power to cut short 111 prisoners' sentences since he took office 8 years ago. The governor also sought to explain why he backed off 3 recent clemency recommendations. He said he decided to deny a request by Dennis Lewis, convicted of capital murder in Washington County in 1975, because the family of the victim had not been notified when Lewis applied for executive clemency. "I've instructed my staff to solve the problems in notification for this family and those in similar situations," he said. Dan Cobb, whose father, J.J. Cobb, was killed by Lewis, said Tuesday he was "thrilled about his decision." Dan Cobb said he hopes that the governor will change his whole approach to clemencies, particularly in murder cases. "I'm not done," Dan Cobb said. "This is a victory but we (the family) made a vow that we're not quitting on this deal. We've got to make some changes in this clemency deal, especially on capital murder." John Threet, chief deputy prosecutor in Washington County, said he was happy for the Cobb family and with the way the governor's staff handled the clemency request. "It's a big relief for the family," Threet said. Threet praised the governor's staff for taking the time to travel to Northwest Arkansas and talk with the family and others directly involved in the case and relay that information to the governor. Huckabee said he plans to deny the request by Charles Philyaw, convicted of aggravated robbery in Miller County in 1981 and sentenced to life in prison, after receiving new information from Miller County Prosecutor Brent Haltom. As for Glen Martin Green of Jacksonville, who was sentenced to life in prison in 1975 after pleading guilty to first-degree murder, Huckabee said he would take no action in the case and allow Green to apply again under the stricter rules. Earlier this month, Huckabee issued proclamations granting clemency for Denver Witham, who is serving life in prison for a 1974 murder in Saline County, and for John H. Claiborne, who is serving 375 years in prison for a 1994 kidnapping and armed robbery conviction in Pulaski County. Both men are still in state custody and are waiting parole hearings before the state Post Prison Transfer Board. A board spokeswoman said those hearings probably would be in August. Last year, the governor was criticized for granting clemency to James Maxwell, a convicted murderer who worked as a trusty at the Governor's Mansion. Maxwell was later released. Earlier this year, Herzfeld sued Huckabee when Huckabee granted clemency to Don Jeffers, also a convicted murderer. That clemency was voided after it was revealed that proper procedures weren't followed. Jeffers has reapplied for clemency. In 2001, the governor granted clemency to Willie Way Jr., a convicted murderer, and to Donald Clark, a convicted burglar. Way had worked as a trusty at the mansion, and Clark was the stepson of a governor's office employee. In 1999, the governor supported the release of Wayne DuMond, convicted in the 1984 rape of a woman in Forrest City. DuMond later was convicted of killing a woman in Missouri. (source: Arkansas News Bureau)
