Let’s Get Free just did a spring cleaning of our Commutation Support Kit, a resource guide for those seeking 2nd chances from a life sentence in PA. Keep up to date on the ever changing practices of PA Board of Pardons and download the updated guide here.
A Reentry Tangible Support Letter shows real support coming home: housing, money, job, transportation, clothes, etc… The best time to file these letters is when your commutation application is officially filed. The concern there is that the tangible support will become outdated because the process takes so long so if you can send the letters when you get your filing date they should be good. So wait to hear from the DOC and the BOP that your application has been filed. You can always send an updated letter of support if your application is taking a long time.
A letter of Recommendation explains why a person believes you are no longer a threat to public safety and have been rehabilitated. They can express other things like looking forward to spending time with you, showing you how to navigate the free world, etc. You can file these letters any time!
Keep in mind if you are writing to organizations for support letters and they don’t know you personally it is hard for them to write you a letter. Try building a relationship first.
Supporters can now email letters to the Secretary of the Board of Pardons currently Celeste Trusty – ctrusty@pa.gov and DOC Commutation point person Johnny Johnson – Johjohnson@pa.gov They will distribute the letter to the board and place it in the applicant’s packet.
Handwritten letters can be sent to: The Board of Pardons 333 Market St, Harrisburg, PA 17126
Support your friends in supporting you!
Here is a sample letter people in prison can use to mobilize family and friends to write letters:
Dear Friend/Family,
I am working on my commutation application. I would like to know if you would be interested in writing a letter of support to the board of pardons on my behalf. If you are open to this the letter should be addressed to The Board of Pardons 333 Market St, Harrisburg, PA 17126 make sure to send me a copy too. You can also email it to the secretary of the Board of Pardons currently Celeste Trusty ctrusty@pa.gov and DOC Commutation point person Johnny Johnson Johjohnson@pa.gov
For example:
RE: Jane Doe #BS2345
Dear Board of Pardons,
When you are finished with the letter please send the original back to me. Please also keep a copy for yourself. Your assistance is greatly appreciated.
Thank you,
Xyour nameX
The PA Board of Pardons has adopted Act 59 a new policy that impact scheduling of commutation applicants, it states:
Due to applicable provisions of Act 59 of 2021, any clemency applicant that has a victim or the surviving kin of a victim registered with either the Office of Victim Advocate (OVA), the Department of Corrections, or the Board of Pardons ( or if their whereabouts are otherwise known), cannot be scheduled for a public hearing until at least sixty (60) days has elapsed since the date of their merit review hearing.
In addition, any clemency applicant serving a sentence of Life Without Parole (LWOP), or who was previously convicted for a crime of violence or any other offense resulting in death or serious bodily injury (regardless of whether their victim or the surviving kin is registered with any the aforementioned agencies), will not be scheduled for a public hearing until at least sixty (60) days has elapsed since the date of their merit review hearing.
In the past, if everything was on time, an applicant would pass merit and then be scheduled for their public hearing in the same session a month later. Because of this none of the people who passed Merit Review in August will be heard at the September public hearings and will be pushed to December. However, the board added an additional merit review this Wed, September 22nd at 6:15 pm which will judge the merit of 6 people with LWOP sentences. The Merit Review applicants is the very last agenda item for 9/22 and the individuals are not listed.
This page should have the zoom link/conference number to call on the day of the hearings.
Upcoming Dates:
October 2021 Merit Review Session:
Thursday, October 28, 2021 – Merit Review Session – Skype Session 3:00 p.m.
November 2021 Hearing Sessions:
Tuesday, November 30, 2021 – Public Hearing – Zoom Meeting
Wednesday, December 1, 2021 – Public Hearing – Zoom Meeting
Thursday, December 2, 2021 – Public Hearing – Zoom Meeting
Merit Review Today! If you are interested in listening to the Merit Review you can call into the Board’s Skype phone line—you will be automatically muted.
Phone: 267-332-8737
Conference Pin: 4500553373
People are called in alphabetical order with their numbers. See the entire docket here.
23. Erin D. Canady (LIFE) (3)
24. Amir K. Cartair (LIFE) (3)
46. Anthony G. Eberhardt (LIFE) (3)
49. Ralph C. Fegley Jr. (LIFE) (3)
61. Wade D. Hairston (LIFE) (3)
77. Stephen D. Knight (LIFE) (3)
79. Gary A. Kyles (LIFE) (3)
94. Melvin C. Mitchell Jr. (LIFE) (3)
104. Matthew J. Nichols (LIFE) (3)
120. David A. Richardson (LIFE) (3)
132. Edward C. Silvis Sr. (LIFE) (3)
142. Gregory A. Thomas (LIFE)
154. Jeffrey L. Watson (LIFE) (3)
156. Nathaniel J. West (LIFE) (3)
158. Doris D. Williamson (LIFE) (3)
Phoebe Tomasek [life] and Felix Ocasio [min] are up for reconsideration.
Elaine Selan writes:
This Thursday [8/5] the Board of Pardons will hold their quarterly Merit Review – this is where the Board rapidly votes on both those applicants for both pardons and commutations—this time there are about 167 applicants, of which 15 are commutations [14 men and 1 woman].
There is no discussion of any of the cases—just voting. The entire review takes about 1 hour.
Pardon – an applicant who has completed their sentence and for the most part, has, for a number of years, been successful in their community re-integration. Some have been convicted of relatively minor offenses [i.e., marijuana possession, DUI] while others, more serious crimes [i.e., assault, robbery, drug dealing, vehicular homicide] The Parole/Probation Board does their inspection of these applicants and the Board often relies on their endorsement [or not] in rendering their Merit Review vote. Pardon applicants only need a 2-3 vote to move forward to the Public Hearing.
Commutation – is reserved for those currently incarcerated for life sentences, “virtual life sentences” and other felony sentences. The scrutinizing of each applicant is conducted by the prison where the applicant is located and here too, the Board often relies on the prisons’ support [or not] in rendering their votes. A vote of at least 3-2 must be attained in order for the applicant to move forward to the Public Hearing.
For the most part during the Merit Review, the Board is focused on what the applicant has done to improve their life situation—their accomplishments and contributions—since being sentenced and/or being released.
The Public Hearings will be held on September 22nd, 23rd and 24th. Typically, the commutation hearings are held on Thursday afternoon—however, we won’t know the schedule until 1-2 weeks before the hearing. Posting of the zoom link, along with the Open Hearing schedule, will be posted to this list about one week before. Watching the pardon hearings can be very informative in learning more about how the Board conducts their review, the role each Board member plays, and the impact of all the voices heard during the hearings [i.e., applicant, supporters, victims and victim’s loved ones].
There were six individuals who had open hearings for their application of commutation on June 24th. Decisions were announced the following day. To note, one of the six applicants is not serving a life sentence—Andre Davis is serving what is called a “virtual life sentence”; that is, a term sentence that would typically exceed one’s natural life [i.e., 50-100 years]. Because he is not serving a life without parole sentence:
1. His request for commutation means he is seeking to have his minimum sentence commuted;
2. He only needs a 3-2 vote from the Board in order to be recommended for commutation; and,
3. If and when the Governor signs his commutation, Andre will have the additional hurdle of meeting the Parole Board’s approval; a process that can take a number of months. He will remain incarcerated until this Board’s approval. However, he is not required to reside in a halfway house for one year; he can transition to his home plan immediately upon his paroled release.
Three men were recommended for commutation: Andre Davis, Jamie Faust, and James Miller; together, they have served 116 years of confinement. Two applicants were denied: Denise Crump and Wayne Covington. Denise had received a unanimous [5-0] Merit Review vote; it was thought that she would receive the same outcome in the open hearing. Instead she only received one affirmative vote from the Board’s Chair, Lieutenant Governor John Fetterman. Denise has served 33 years in prison. Wayne Covington was also denied with the same voting outcome [1-4]; he has served 51 years. In both those cases, family members of the victim spoke at the hearing in opposing commutation. It is thought this was a compelling reason for the Board’s vote.
The final applicant, Kennard Scott, had his case held under advisement so that health related concerns could be further evaluated.
Three individuals scheduled for the Board’s reconsideration of their unsuccessful application for commutation failed to get beyond the initial motion stage that is required before the Board determines if they will entertain the individual’s request. Edwin DeJesus, Richard Marra, and Felix [Phill] Rosado all lost their appeals.
Cynthia Gonzalez, who is serving a life sentence, has had her application held under advisement for about two years. She has served 36 years. In their final vote on this hearing day, the Board voted 2-3 to deny her application for commutation.
Today, the Board of Pardons voted to recommend three out of six commutation applications to Governor Wolf for his approval. We are elated for Amistad Law Project client Andre Davis, as well as lifers Jesse Faust and James Miller. Governor Wolf should sign their applications with haste so that they can be reunited with their families after decades of incarceration and our communities can benefit from their presence. Each person’s freedom represents a step in the right direction.
While we celebrate those who are bound for freedom, we are deeply troubled by the Board’s decision to deny Denise Crump and Wayne Covington’s applications for commutation, as well as Richie Marra’s application for reconsideration. All three of these candidates were unequivocally supported by the administrations of the prisons in which they have been incarcerated for decades. In each of these cases, the Board blocked the applicant’s release because family members of the victim opposed their release. Family members of victims deserve a safe place to express themselves, and abundant resources to navigate their grief. However, the question of whether someone is rehabilitated and should be released is necessarily separate from affirming a victim’s pain. The Board’s role is to answer the question of rehabilitation. In the cases of Denise Crump, Wayne Covington, and Richie Marra, the Board absolutely failed in its duty, ignoring the current realities of the applicant’s life and their transformative journey over the course of decades.
The Board has also completely failed in regard to Felix Rosado’s application. Mr. Rosado is an exemplary person who, after being sentenced to life without parole when he was eighteen years old, has earned a bachelor’s degree from Villanova and co-founded a restorative justice program. He is deeply remorseful for his crime and a community leader both inside and outside of prison. Many have spoken up about the positive impact that Mr. Rosado will have in our communities as a mentor upon his release. Mr. Rosado’s continued incarceration is simply devastating for many of us on the outside as well as the communities to which he could offer positive contributions.
At its core, commutation is about mercy. It exists in response to the basic truth that all people are capable of change, and that over the course of time, many people reflect and grow and want to make up for the harm they have caused. Our movements are continuing to carve out a righteous path forward towards a Pennsylvania where people are not judged by the worst mistake they have made, and the architects of mass incarceration aren’t stealing the resources and reformed mentors our communities need to be safe, healthy, and thriving. We need Board of Pardons members who believe in this vision. As of now they are failing on most counts, but we will continue to hold them accountable and push this process forward. Our humanity and the future of our communities depend upon it.
Let’s Get Free! has updated our COMMUTATION support Kit
New Updates & Friendly Reminders as of March 2021
Download the 2021 Commutation Kit
These tips are written for people sentenced to life without parole but anyone filing for commutation can benefit from them. The process is open to anyone who has been convicted of anything.
Ellen Melchiondo, The Women’s Lifer Resume Project with help from etta, naomi, elaine
The new commutation application is free and there is no filing fee. The application is available on the BOP website and in the prison library. The application includes supplemental pages and you must use them. Do not write “see attachment” in spaces where information continues. There is a box at the end of each section where you indicate if you will be including supplemental information. Information that you want to provide such as resume or published work should just be sent along with the application.
If you are not in prison and assisting an applicant what I do is download the application pdf. I save it to my desktop and a text box automatically appears. I also get rid of the text lines, and select white to make the background solid. This makes it easier to read.
Here’s a rundown on each section for people with life sentences:
Section 1 Type of Clemency: Check “Commute Life Sentence to Life on Parole” and do your best to remember each time you previously applied.
Section 2 Applicant Information: Just the facts. If using the DOC-Parole for representation click the box, the address is below. If using someone else, give that information.
Section 3 Convictions for Which Clemency is Requested: Less information is asked here: “place, role and caught.” Use a supplemental page if needed. Do not minimize role. Don’t add dialogue. Don’t make excuses. Minimize details, you’re not writing a memoir or screenplay.
Section 4 Additional Criminal Information: Fill out Section 4 to the best of your ability because parole provides the rap sheet to the DOC commutation office. No one is expected to pay for their criminal history report.
Section 5 Optional Personal Statement: is totally optional. No more checking boxes to address reasons for applying. One page is usually enough. In Section 5 write what life was like before the crime and tie that in to describe how your life changed and improved directly. For people who didn’t actually kill someone but were at the scene acknowledge that decisions made or behaviors resulted in being a suspect and ultimately convicted and sentenced. Wanting family members know how sorry you are should be an apology letter sent to the apology bank or Office of Victim Advocate, not in a commutation application.
I think now, less is more in Section 5. An explanation about your life circumstances before and during serving time is good. Accomplishments in list form. Home plan if you have one. You can list your supporters and how they will help you. Be sincere, humble and realistic about your goals.
Section 6: Sign and date. Keep a copy for yourself!
One of the most challenging aspects for those who are pursuing commutation is to explain the role they played in the crime. Again,it is very important to have someone proofread your application before submission. When writing about the details of your crime, it is important to be both detailed and concise. Do not leave any information out, but also try to be straight to the point. One challenge is knowing how much to share about what led up to the crime. For women in general, this cannot be omitted or separated. Since the Board of Pardons doesn’t tell us what swayed them to vote for or against an applicant, a 360 degree perspective is owed to the process. It really is up to women lifers to educate the board of the unique crimes that they find themselves convicted of. It’s a balancing act. You want to provide context for your situation without excusing or diminishing your role.
You no longer have to admit to things you didn’t do as was the thought under the old commutation process. Before, your story had to match that of the State. Now you can tell your truth but it is important to take responsibility for your role. If you are wrongfully convicted – you are still convicted in the eyes of the state. So it is basically a plea for mercy. Because this isn’t re-litigation it’s not a retrial – the most you might do is point out some evidence that they could see. This process isn’t set up for the wrongfully convicted – write Lt. Gov John Fetterman about this.
After you submit your application is officially filed – this can take awhile from the time that you send it in. And each applicant gets “staffed” by their prison. This “staffing” is also called The Special Review Committee and is generally one or two deputy superintendents, a Major of Unit Management, or a Corrections Classification Program Manager or whoever is designated by the superintendent. A person can also request a supportive staff person to be included too.
Current staff may not write letters of support. They may submit an email to the respective Unit Manager to be included in the staffing packet.
For updates on merit review contact Brandon Flood Bflood@pa.gov 717-480-0793 – Let it be known that there is most often incorrect information about who is going up for Merit Review – even if one of the BOP people tell us who is going up. Several times they have listed peoples names and several times they were not on the list. Try to call the week before the scheduled merit review to obtain the most accurate info. You can also try John Johnson.
Before your merit review you will be interviewed by Wetzel: Secretary Wetzel instituted the policy of interviewing applicants before the merit review. There is nothing in policy mandating the Secretary to conduct video interviews with people in prison. This is his policy and this could be discontinued by the next secretary one day. The secretary makes the ultimate decision by the Department of Corrections to recommend or not recommend an applicant for commutation. Not everyone will have an interview with Wetzel.
To pass merit review you need a 3-2 majority. You can now appeal a negative outcome during the Merit Review phase. You have 30 days to submit a Letter of Reconsideration along with a form you can find on DOC website, this letter of reconsideration is attached below. George Trudell, Naomi Blount and Farouq Wideman were denied at merit review stage, filed the reconsideration letter and are now released!
After a person passes the merit review, you will be scheduled for an in-person or virtual interview a few days before the hearings. This may be at Camphill or at Central Office in Mechanicsburg. The prison staff person who supports the applicant at the public hearing will be attending the in-person interview. Even during COVID these in person interviews happened.
A recent change in the process is that the DOC Office of Pardons Specialists will not be representing lifers at public hearings. This job falls to a staff person at the prison and was Wetzel’s idea. The idea is that Staff here at Central Office will never know the people as well as the institutional staff. Applicants are not permitted to select the designated facility staff person. This is the decision of the superintendent. They are still free to appoint someone else to represent you such as an attorney, friend or family member however, Mr. Johnson would not recommend since the representatives don’t have to speak as much and prepare long presentations as was the case in the past. But the representative must know the case inside and out and now how to prep the supporters in presentation.
Encourage your supporters to reach out to us if they have questions or just want some moral support. If they want to know what to expect, they can find a video on youtube of the full day of public hearings in May by searching: PA Board of Pardons, May 30, 2019. There is a shorter video highlighting Naomi and Cynthia’s hearing of the same day. Search youtube: PA Board of Pardons Hearing for Cynthia Gonzalez and Naomi Blount. Perhaps your counselors can pull it up for you as it is public and pertains directly to your situation.
2021 Board of Pardons Schedule
Merit Review & Public Hearing Sessions:
Thursday, May 6, 2021 – Merit Review Session – Skype Session 3:00 p.m.
Wednesday, June 23, 2021 – Public Hearing – Zoom Meeting
Thursday, June 24, 2021 – Public Hearing – Zoom Meeting
Friday, June 25, 2021 – Public Hearing – Zoom Meeting
Thursday, August 5, 2021 – Merit Review Session – Skype Session 3:00 p.m.
Wednesday, September 22, 2021 – Public Hearing – Zoom Meeting
Thursday, September 23, 2021 – Public Hearing – Zoom Meeting
Friday, September 24, 2021 – Public Hearing – Zoom Meeting
Thursday, October 28, 2021 – Merit Review Session – Skype Session 3:00 p.m.
Tuesday, November 30, 2021 – Public Hearing – Zoom Meeting
Wednesday, December 1, 2021 – Public Hearing – Zoom Meeting
Thursday, December 2, 2021 – Public Hearing – Zoom Meeting
Friends and Family can get conference call numbers from merit review and zoom link for public hearings at: https://www.bop.pa.gov
Letters of Reentry Support and Letters of Recommendation are Important!
A Reentry Support Letter shows real support coming home: housing, money, job, transportation, clothes, etc… The best time to file these letters is when your commutation application is officially filed. The concern there is that the tangible support will become outdated because the process takes so long so if you can send the letters when you get your filing date they should be good. So wait to hear from the DOC and the BOP that your application has been filed.
A letter of Recommendation explains why a person believes you are no longer a threat to public safety and have been rehabilitated. They can express other things like looking forward to spending time with you, showing you how to navigate the free world, etc.. You can file these letters any time!
Reminder: Supporters can now email letters to the board of pardons. Brandon Flood – Bflood@pa.gov He will distribute the letter to the board and place in the applicant’s packet.
Keep in mind if you are writing to organizations for support letters and they don’t know you personally it is hard for them to write you a letter. Try building a relationship first.
Support your friends in supporting you!
Here is a sample letter people in prison can use to mobilize family and friends to write letters:
Dear
I am working on my commutation application. I would like to know if you would be interested in writing a letter of support, a character witness letter to the board of pardons on my behalf. If you are open to this the letter should be addressed to The Board of Pardons 333 Market St, Harrisburg, PA 17126 and include the following
RE: (commutation applicant’s name) Commutation of Life Sentence, letter writer’s return address and phone number.
The letter should state the following:
1. Briefly touch on who you are, your background, employment, degrees, etc.
2. Include Commutation Applicant’s Name, DOC Number and Prison
3. How we came in contact with each other.
4. Your thoughts on my maturity and rehabilitation.
5. Your thoughts on my remorse for the offense I am convicted of.
6. Your thoughts on my chances for successful reentry into society, employment and participation in society upon my release.
7. Any willingness you would have in assisting in my reentry to society i.e. references, referrals, etc. when I am released.
When you are finished with the letter please send the original back to me. Please also keep a copy for yourself. Your assistance is greatly appreciated.
Thank you,
XXyour nameX
Update February 25, 2020:
We were recently informed by J. Johnson that the PA Board of Pardons (PABOP) no longer wants support letters before the applicant passes Merit Review and that then, they will only take letters that offer tangible reentry support. (housing, jobs etc)
Several of us agree, that letters of support are still important and there was a time in the not so distant past that you had to have them. It was reported that Brandon Flood and Naomi Blount told women at Muncy last month that nobody don’t read the letters. Again we think it’s a good idea to gather the letters and have them ready for when you pass the merit review.
These tips are tailored for people serving death by incarceration sentences and updated January 30, 2020 including 2020 Board of Pardon Dates.
Note for Long Termers -People sentenced to 20- 40 years etc. The only difference in the commutation application for longtermers is that you only need 3 out of 5 votes to be recommended to the Governor – whereas lifers need a unanimous 5. In addition you may not have a personal interview with the board of pardons before your public hearing.
Let’s Get Free! Commutation Support Kit – Printable Pdf Version – includes Tips, plus DOC flow chart, BOP Factors for Release, Letter of Reconsideration – 12 double sided pages – 6 pieces of paper
More easily printable resources at bottom of post.
Updated January 2020 Ellen Melchiondo, The Women’s Lifer Resume Project
The new commutation application is free and there is no filing fee. The application is available on the BOP website and in the prison library. The application includes supplemental pages and you must use them. Do not write “see attachment” in spaces where information continues. There is a box at the end of each section where you indicate if you will be including supplemental information. Information that you want to provide such as resume or published work should just be sent along with the application.
If you are not in prison and assisting an applicant what I do is download the application pdf. I save it to my desktop and a text box automatically appears. I also get rid of the text lines, and select white to make the background solid. This makes it easier to read.
Here’s a rundown on each section for people with life sentences:
Section 1 Type of Clemency: Check “Commute Life Sentence to Life on Parole” and do your best to remember each time you previously applied.
Section 2 Applicant Information: Just the facts. If using the DOC-Parole for representation click the box, the address is below. If using someone else, give that information.
Section 3 Convictions for Which Clemency is Requested: Less information is asked here: “place, role and caught.” Use a supplemental page if needed. Do not minimize role. Don’t add dialogue. Don’t make excuses. Minimize details, you’re not writing a memoir or screenplay.
Section 4 Additional Criminal Information: Fill out Section 4 to the best of your ability because parole provides the rap sheet to the DOC commutation office. No one is expected to pay for their criminal history report.
Section 5 Optional Personal Statement: is totally optional. No more checking boxes to address reasons for applying. One page is usually enough.
I think now, less is more in Section 5. An explanation about your life circumstances before and during serving time is good. Accomplishments in list form. Home plan if you have one. You can list your supporters and how they will help you. Be sincere, humble and realistic about your goals.
Section 6: Sign and date.Mail your application to: Pardons Case Specialist/Parole Manager Bureau of Standards and Accreditation Pennsylvania Board of Probation and Parole 1920 Technology Parkway Mechanicsburg, PA 17050 Keep a copy for yourself!
One of the most challenging aspects for those who are pursuing commutation is to explain the role they played in the crime. Again,it is very important to have someone proofread your application before submission. When writing about the details of your crime, it is important to be both detailed and concise. Do not leave any information out, but also try to be straight to the point. One challenge is knowing how much to share about what led up to the crime. For women in general, this cannot be omitted or separated. Since the Board of Pardons doesn’t tell us what swayed them to vote for or against an applicant, a 360 degree perspective is owed to the process. It really is up to women lifers to educate the board of the unique crimes that they find themselves convicted of. It’s a balancing act. You want to provide context for your situation without excusing or diminishing your role.
You no longer have to admit to things you didn’t do as was the thought under the old commutation process. Before, your story had to match that of the State. Now you can tell your truth but it is important to take responsibility for your role. If you are wrongfully convicted – you are still convicted in the eyes of the state. So it is basically a plea for mercy. Because this isn’t re-litigation it’s not a retrial – the most you might do is point out some evidence that they could see. This process isn’t set up for the wrongfully convicted – write Lt. Gov John Fetterman about this.
After you submit your application each applicant gets “staffed” by their prison. This “staffing” is also called The Special Review Committee and is generally one or two deputy superintendents, a Major of Unit Management, or a Corrections Classification Program Manager or whoever is designated by the superintendent. A person can also request a supportive staff person to be included too.
Current staff may not write letters of support. They may submit an email to the respective Unit Manager to be included in the staffing packet.
For updates on merit review contact Brandon Flood Bflood@pa.gov 717-480-0793 – Let it be known that there is most often incorrect information about who is going up for Merit Review – even if one of the BOP people tell us who is going up. Several times they have listed peoples names and several times they were not on the list. Try to call the week before the scheduled merit review to obtain the most accurate info. You can also try John Johnson.
Before your merit review you will be interviewed by Wetzel: Secretary Wetzel instituted the policy of interviewing applicants before the merit review. There is nothing in policy mandating the Secretary to conduct video interviews with people in prison. This is his policy and this could be discontinued by the next secretary one day. The secretary makes the ultimate decision by the Department of Corrections to recommend or not recommend an applicant for commutation. Your application will not get to the merit review until this interview happens.
You can now appeal a negative outcome during the Merit Review phase. You have 30 days to submit a Letter of Reconsideration along with a form you can find on DOC website, this letter of reconsideration is attached below. George Trudell, Naomi Blount and Farouq Wideman were denied at merit review stage, filed the reconsideration letter and are now released!
After a person passes the merit review, they are moved to SCI Camp Hill for an in-person interview a few days before the hearings. One last noted change is that the prison staff person who supports the applicant at the public hearing will be attending the in-person interview at Camp Hill.
A recent change in the process is that the DOC Office of Pardons Specialists will not be representing lifers at public hearings. This job falls to a staff person at the prison and was Wetzel’s idea. The idea is that Staff here at Central Office will never know the people as well as the institutional staff. Applicants are not permitted to select the designated facility staff person. This is the decision of the superintendent. They are still free to appoint someone else to represent you such as an attorney, friend or family member however, Mr. Johnson would not recommend since the representatives don’t have to speak as much and prepare long presentations as was the case in the past. But the representative must know the case inside and out and now how to prep the supporters in presentation.
Encourage your supporters to reach out to us if they have questions or just want some moral support. If they want to know what to expect, they can find a video on youtube of the full day of public hearings in May by searching: PA Board of Pardons, May 30, 2019. There is a shorter video highlighting Naomi and Cynthia’s hearing of the same day. Search youtube: PA Board of Pardons Hearing for Cynthia Gonzalez and Naomi Blount. Perhaps your counselors can pull it up for you as it is public and pertains directly to your situation.
Thursday February 6, 2020. Thursday, May 7, 2020 Thursday, August 6, 2020 Thursday, November 5, 2020
A Support Letter shows real support while on parole: housing, money, job, transportation, clothes, etc…
A letter of Recommendation explains why a person believes you are no longer a threat to public safety and have been rehabilitated. They can express other things like looking forward to spending time with you, showing you how to navigate the free world, etc..
Reminder: Supporters can now email letters to the board of pardons. Brandon Flood – Bflood@pa.gov He will distribute the letter to the board and place in the applicant’s packet.
Keep in mind if you are writing to organizations for support letters and they don’t know you personally it is hard for them to write you a letter of support. Try building a relationship first.
Support your friends in supporting you!
Here is a sample letter people in prison can use to mobilize family and friends to write letters:
Re: (Your name) Commutation Support Letter
Dear
I am working on my commutation application. I would like to know if you would be interested in writing a letter of support, a character witness letter to the board of pardons on my behalf. If you are open to this the letter should be addressed to The Board of Pardons 333 Market St, Harrisburg, PA 17126 and include the following – RE: (commutation applicant’s name) Commutation of Life Sentence, letter writer’s return address and phone number.
The letter should state the following:
When you are finished with the letter please send the original back to me. Please also keep a copy for yourself. Your assistance is greatly appreciated.
Thank you,
Xyour nameX
Other helpful documents:
Let’s Get Free! Commutation Support Kit – Printable Pdf Version – includes Tips, plus DOC flow chart, BOP Factors for Release, Letter of Reconsideration – 12 double sided pages – 6 pieces of paper
Let’s Get Free! Commutation Support Kit plus Sample Application – printable PDF version includes all of the above plus Naomi’s Application – 23 pages – 12 pieces of paper
Naomi Blount’s Commutation Application – Many people request a sample application.
Letter of Reconsideration – if denied Merit Review
The Board of Pardons Filing Packet Packets Include Application:
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This was written geared to people in prison in mid December by Ellen Melchiando with input from etta cetera.
There has been a lot of media and excitement surrounding the changes made to the commutation process over the past year by Lt. Governor John Fetterman. November saw a historic number (21) of public hearings of people with life sentences. For the last 30 years it felt promising if there were 6 life sentence cases up for merit review a year, let alone more than 2 for public hearings total! Naomi Blount and George Trudell, both recently commuted from life sentences were hired by the Lt Governor as commutation specialists. Brandon Flood, a returning citizen, was hired as the Secretary of the Board of Pardons and according to friends and family members, he’s doing a great job! There is talk of changing the unanimous vote at the public hearing stage from 5 to 4 votes. People are coming home!
Despite the progress, which is unquestionably important and exciting, the outcomes of merit reviews and public hearings for women seeking commutation has been disappointing.
In 2018, the previous makeup of the board of pardons resulted in the votes for recommending Tina Brosius and she made it successfully with Governor Wolf’s signature. She was the first woman in PA to receive commutation in 30 years.
This year we have had 6 women make it to the public hearing stage. The current members of the BOP have commuted two: Naomi Blount and Magaleen Stewart. As you know both Henrietta Harris and Cynthia Gonzalez’s applications have been resting in the mysterious “reconsideration” pause pile. Naomi was recommended in May and released in July. Magaleen and Naomi are now both in Philly at the same facility. They are allowed to sign out from 7am – 7pm and need permission to leave the city. They are very strict about people spending the night out though they made exceptions for this recent holiday – for Naomi.
A recent change in the process is that the DOC Office of Pardons Specialists will not be representing lifers at public hearings. This job falls to a staff person at the prison. This doubly places the importance in having the institution’s recommendation. We witnessed these changes to the process at Magaleen Stewart and Terri Harper’s public hearing. SCI Muncy’s Deputy Frantz spoke to the board in support of Terri’s release. SCI Muncy’s Superintendent Wendy Nicholas spoke in support of Magaleen Stewart.
What if a staff person supports the applicant but the institution as a whole doesn’t? Will they break from their superiors and support this person at a public hearing? This scenario is possible. What if the culture within a prison doesn’t support a second chance for lifers and long-termers?
Each applicant gets “staffed” by their prison. This “staffing” is also called The Special Review Committee and is generally one or two deputy superintendents, a Major of Unit Management, or a Corrections Classification Program Manager or whoever is designated by the superintendent. The Facility Managers at Muncy and Cambridge Springs are Superintendents Wendy Nicholas and Lonnie Oliver respectively. A person can also request a supportive staff person to be included too.
A note about the video interviews with Wetzel before the Merit Review: Secretary Wetzel instituted the policy of interviewing applicants before the merit review. There is nothing in policy mandating the Secretary to conduct video interviews with people in prison. This is his policy and this could be discontinued by the next secretary one day. The secretary makes the ultimate decision by the Department of Corrections to recommend or not recommend an applicant for commutation. Your application will not get to the merit review until this interview happens.
After a person passes the merit review, they are moved to SCI Camp Hill for an in-person interview a few days before the hearings. One last noted change is that the prison staff person who supports the applicant at the public hearing will be attending the in-person interview at Camp Hill.
Take a look at the DOC policy on commutation at your law library: 11.4.1
At the September hearings, there was a surprise break from protocol, the Lieutenant Governor spotted Naomi Blount in the audience and asked her to speak on behalf of Magaleen! She did this by walking up to the members on the dais and spoke lovingly of Maggie. Then at the end of the hearing, the Attorney General rushed down from the dais to give Naomi a hug along with wishes for her continued success! This was indeed surprising and proves that things can change. It also demonstrates how much power people have- it turns out you can just call someone you see in the audience to testify!
One of the most challenging aspects for women lifers (and men, too) who are pursuing commutation is to explain the role they played in the crime. It is very important to have someone proofread your application before submission. The other challenges are knowing how much to share about what led up to the crime. For women in general, this cannot be omitted or separated. That’s my opinion. Since the Board of Pardons doesn’t tell us what swayed them to vote for or against an applicant, a 360 degree perspective is owed to the process. It really is up to women lifers to educate the board of the unique crimes that they find themselves convicted of. It’s a balancing act. You want to provide context for your situation without excusing or diminishing your role.
Currently we are tracking outcomes of staffing, merit reviews and public hearings based on the generalization of the type of criminal convictions of women: battered women, arson, infanticide, trafficking, mental illness, law enforcement, 2nd degrees, DNA conflicts, the family, as well as time served, institutional support or lack of, and “escapes.”
The application was recently revamped again. All applications in 2020 must use this new one. There aren’t any major changes for lifers, so no new information is required but you are required to submit the latest version of the application. Nothing to sweat here! Get the application at the law library.
You can request an application by writing to Board of Pardons 333 Market Street. 15th Floor.
Harrisburg, PA 17126. It takes 3 weeks. Include your name and DOC number or check the law library. Don’t forget this: if you have a negative outcome at the merit review, submit the official Reconsideration form within 30 days.
To make sure your application gets reviewed by the current Board of Pardons who will be presiding until 2022, we are ESTIMATING that you try to get your applications in by July of 2020 at the latest. This is us guessing. You should technically be able to be heard if you submit up until December 2020 but you know how things go. Everything is always getting pushed back. There is a rumor that they are creating 6 – 9 new dates for public hearings, currently there are 4 dates a year. This would help with the increased number of applications and give you a better chance to go before this board.
What kind of support do your family and close friends need to prepare for the public hearing? Let us know. Encourage them to reach out to us if they have questions or just want some moral support. We want to be there for you. This is a link to the full day of public hearings in May This at least lets you know what to expect. Below is a shorter video highlighting Naomi Blount’s hearing of the same day.
The 2020 dates for merit reviews and public hearings have yet to be posted.
Update: During the December 20th hearings of those sentenced with LWOP – 2 were recommended for commutation, 3 were held under advisement, 12 were not recommended, 1 was continued under advisement and 1 case was not heard and continued. Of the two recommended – Oliver Macklin, 63 years old, served 33 years of a 2nd degree charge. Fred Butler, 72 years old, served 49 years on a 1st degree charge. The longest sentence 49 years and shortest sentence 23 years. We were very disappointed that many deserving applicants were denied including both Sheena King and Henrietta Harris.
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Two bills exist that deal with parole for Lifers: HB135 and SB942. The bills are exactly the same but HB135 is a house bill and SB942 is a senate bill. Advocates are choosing to focus on the senate bill, SB942, because the senate is smaller than the house (50 Senators vs 435 Representatives) and it will be an easier task to convince less elected officials at first.
To become law, a bill must be voted on and passed by a committee. In the case of SB942, that would be the Senate Judiciary Committee. Fourteen senators serve on this committee, (vs 25 representatives on the House Judiciary) nine republicans and five democrats. It is up to the chair of the Judiciary Committee, Senator Lisa Baker, to decide to hold a vote on any bill before her committee. But a vote should not be called for until enough members of the committee favor the bill. When a vote is held and the bill is passed by the committee, the bill would then go before the whole senate for a vote and if passed by the senate, the bill would go to the house for a vote. Only after passing the committee, senate and house does the bill go to the Governor for signature and only then does it become law.
The legislative branches, Senate and House of Representatives, have two year terms. This means that with each election, every two years, bills have to be re-submitted to wherever the bill is in the process (committee, senate, or house) in order to continue on the path to becoming law. SB942 was quietly re-submitted to the senate judiciary committee on November 12, 2019. It has until January of 2021 to make headway before it will need to be re-submitted again.
The bill essentially changes the parole board statues to allow the parole board to consider parole for life sentences. By PA statue, a sentence cannot be changed, but the PA statues do not say that life sentences cannot be paroled. So if a life sentenced is paroled, the parolee would have to be on parole for life.
Changes were made to SB942 when it was re-submitted last month. In a nut shell, Lifers convicted of first degree murder could be paroled after 35 years. Lifers convicted of second degree murder could be paroled after 25 years. Lifers convicted of killing a cop in the first degree would not be eligible for parole.
So here’s the deal. Advocates will continue to fight for the passage of this bill while continuing to advocate for earlier parole eligibility, say 15 years as the bill was previously submitted. The path to becoming law is a long one and there will be plenty of opportunities to advocate for changing the bill. The path to law is long and hard but do not be discouraged. Five years ago we had no bill! Change is happening because we are putting pressure on politicians, supporting pro-reform candidates in elections, and rallying in Harrisburg! WE WILL NOT STOP!
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This now-annual fall gathering in support of legislation changing the laws for lifers has the feeling of reunion for many. Recently released connect with old friends from the inside and people across the state who don’t see each other on the day to day get to hug, commiserate and rejuvenate. This year we brought back singing. After the usual impassioned and insightful speeches by lawmakers, returning citizens, family members, etc. at the podium, surrounded by hundreds of supporters with colorful signs, we lifted our voices harmonizing for redemption throughout the halls. The capitol building’s grand structure creates acoustics that bounce off the high ceilings and reverberate through our bodies. It’s quite moving. This coming together of like-hearted souls singing into the suit-wearing faces at the capitol. We wound back to the steps where an altar had been set up for anyone who had lost someone to violence to place a flower. This rally is a great place for someone who is looking to start participating in our movement to come. You feel the power of the collective. You feel less alone. In addition to all the good it does for the legislation, rallies like this keep us, on the outside, fighting another day. Accolades to the Philly coalition for all their stalwart efforts in pulling this off every year.
We just updated our Commutation Kit with the new information from the Board of Pardon (BOP) website. Essentially, it’s all the information in this post in an easy to print pdf. All the kits have a copy of the new form for appealing merit review or public hearing outcomes.
These tips are tailored for people serving death by incarceration
Thursday, August 8, 2019 – Merit Review Session – Senate Hearing Room – 3:00 p.m. Wednesday, September 11, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m. – 1:00 Thursday, September 12, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m. and 1:00 Friday, September 13, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m. -1:00 p.m. Thursday, November 7, 2019 – Merit Review Session – Senate Hearing Room – 3:00 p.m. Wednesday, December 18, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m.-1:00 Thursday, December 19, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m. 1:00 p.m. Friday, December 20, 2019 – Public Hearing – Supreme Courtroom – 9:00 a.m. and 1:00
NOTE: The Public Hearings & Merit Review Sessions are NOT held at the Board of Pardons office.
Tips for writing a commutation application during the Wolf administration Updated July 2019 By Ellen Melchiondo, The Women’s Lifer Resume Project
The new commutation application is free and there is no filing fee. The application is available on the BOP website and in the prison library. Supplemental pages must be used-no “see attachment.” Click her for application
If you are not in prison and assisting an applicant what I do is download the application pdf. Then on my Mac I click on tools, annotate, text box. (Magically the text box appears without having to do all of that clicking! I don’t know why that is happening these days but its great.)
Here’s a rundown on each section for life sentenced people:
Section 1: Check “Commute Life Sentence to Life on Parole” and do your best to remember each time you previously applied.
Section 2: Just the facts. If using the DOC-Parole for representation click the box, the address is below. If using someone else, give that information.
Section 3: Less information is asked here. I type two lines of text in bold between two lines for the narrative in role of crime: “place, role and caught.” Use a supplemental page if needed.
Section 4: Fill out Section 4 to the best of your ability however parole provides the rap sheet to the DOC commutation office. No one is expected to pay for their criminal history report.
Section 5: is now totally optional. No more checking boxes to address reasons for applying. However, the line spacing on the page doesn’t line up with any font size or spacing! It’s terrible. So what I do is print a page, cover the lines with a blank piece of paper then print. I type the narrative in Pages (10-12 font size) then print on the paper without lines. Looks great and easy to read. Print more than you need. Remember to hit return a few times to get the words below the header.
I think now, less is more in Section 5. An explanation about your life circumstances before and during serving time is good. Accomplishments in list form. Home plan if you have one: the one year required residency at a CCC and then after if you have one. You can list your supporters and how they will help you. Be creative!
Section 6: sign and date. Mail to Mechanicsburg on Section 2. Keep a copy for yourself!
Do write a cover letter. State you are applying for commutation, list a few good points about your rehabilitation efforts, home plan if you have one and thank the BOP for considering your application. 2 paragraphs in length.
Good luck!
Ellen
A support letter shows real support while on parole: housing, money, job, transportation, clothes, etc…
A letter of Recommendation explains why a person believes you are no longer a threat to public safety and have been rehabilitated. They can express other things like looking forward to spending time with you, showing you how to navigate the free world, etc..
Here is a sample letter people in prison can use to mobilize family and friends to write letters:
Re: (Your name) Commutation Support Letter
Dear
I am working on my commutation application. I would like to know if you would be interested in writing a letter of support, a character witness letter to the board of pardons on my behalf.
If you are open to this the letter should be addressed to The Board of Pardons 333 Market St, Harrisburg, PA 17126 and include the following – RE: (commutation applicant’s name) Commutation of Life Sentence, letter writer’s return address and phone number.
The letter should state the following:
When you are finished with the letter please send the original back to me. Please also keep a copy for yourself. Your assistance is greatly appreciated.
Thank You,
XXXXXXXX
Reminder: Supporters can now email letters to the board of pardons. Contact as of July 2019 is Brandon Flood – Bflood@pa.gov and then he will distribute the letter to the board the applicant’s packet. It’s always important to send a paper copy to your person filing the application.
When an application is received at the Board of Pardons office and is found to be complete and accurate, it is considered “filed.” A letter will be sent to confirm the filing of the application. If incomplete, it will not be considered filed until all requirements have been fulfilled.
Filing an application to commute a Death sentence to Life imprisonment entails special procedures. The presentation may last thirty minutes, and every filed capital application is granted a public hearing. A capital applicant must submit every pertinent piece of material at least ten days prior to the date of hearing.
Board of Pardons Process Flowcharts for public and incarcerated cases are now available.
After an application has been filed, a copy of the application is sent to the following interested parties:
Board of Probation and Parole – Staff from the Pennsylvania Board of Probation and Parole conduct investigations for the Board of Pardons. They will report all criminal history and driving violations found. They will also conduct a telephone interview or an in-person interview in your home to provide our Board with your present personal status.
The following is a list of items you will need to gather in advance of the meeting with the investigating staff:
Please Note: Before submitting your application, please be sure that you are willing to make yourself available to the parole staff and are willing to provide the above requested information. The Board has determined the interview and verification of the information provided as requirements and you must adhere to them. Failure to make yourself available to parole staff either by telephone or the in-person interview and/or to provide the requested information will result in your application being administratively withdrawn.
If you do not reside in Pennsylvania, parole staff’s standard procedure is to send you a worksheet to complete followed up by a telephone interview to confirm the information contained in the worksheet.
You should expect a delay from the time your application is filed until you are interviewed. This will ensure that the information regarding your present personal status is current and accurate when it is reviewed by the Board.
Department of Corrections – This agency is responsible for preparing a report for incarcerated individuals only.
District Attorney/President Judge – The District Attorney and President Judge in the county where the crime(s) occurred are given a chance to provide an opinion on the merits of every application. In cases involving more than one jurisdiction, a copy of the application will also go to the appropriate District Attorney and President Judge in that county.
Once all of the necessary reports have been received, the Board Secretary and staff will send to each Board Member in advance an applicant’s file to be reviewed for a hearing. The Board will grant a hearing if two (2) of the five Board members approve. Hearings for lifers or prisoners serving time for crimes of violence may only be granted upon approval of three (3) Board members. Attempted crimes of violence are included in this and offenses committed while in visible possession of a firearm, for which sentencing was imposed, will also require a three (3) member vote. If the required number of votes are not obtained, the process has ended and the applicant will not receive a pardon/commutation.
If a hearing is granted, the following individuals/agencies will be notified of the time and place of the hearing:
A calendar is prepared, listing each application to be heard at the specified public session. It is distributed to all interested parties in advance of the public session.
Hearings are held in the Supreme Court Courtroom in Harrisburg. The Board meets on a regular basis, as determined by the Board. On the scheduled day, the Board convenes at 9:00 A.M. for morning sessions or 1:00 P.M. for afternoon sessions. The Board’s secretary will call the session to order and the Board’s chairman will present opening remarks. Following the opening remarks, the first case, as listed on the calendar, is called to present their case. No more than fifteen minutes is allowed for each applicant’s presentation. Each case is called in consecutive order with each informal presentation adhering to the following format:
Visit the Public Hearing Presentation page for more information on preparing for your presentation to the Board.
Following the public hearing session, the Board meets in Executive Session. The Board reconvenes to vote in public. If a majority of the Board vote in favor of an application, the Board recommends favorable action to the Governor. If less than a majority of the Board vote in favor, the result is a denial by the Board and the application is not forwarded to the Governor. Life or Death sentence cases require a unanimous vote by the Board to be recommended to the Governor. The Governor, at his discretion, may approve or disapprove any favorable recommendation submitted by the Board. When the Secretary of the Board has received the Governor’s action, all interested parties will be notified of the decision.
Reconsideration – A request for reconsideration of any decision may be made to the Board. The applicant must show a change in circumstances since the application was filed, or other compelling reasons, sufficient to justify reconsideration. Dissatisfaction with the Board’s decision is not grounds to request reconsideration.
Effective Monday, June 3, 2019, a formal request for reconsideration must be accompanied by a Reconsideration Request Form, which is prescribed by the Pennsylvania Board of Pardons (BOP). From the effective date and anytime thereafter, any request that does not include a Reconsideration Request Form will be automatically rejected by the BOP.
Download Reconsideration Request Form
Reapplication – An application may not be filed before the expiration of 12 months from a final adverse decision on any prior application. If an application receives two consecutive adverse decisions, an application may not be filed before the expiration of 24 months from the last adverse decision.
By Ellen Melchiondo, Women Lifers Resume Project
After attending my second merit review session with the Board of Pardons I wanted to find out what factors in determining a decision to vote for or against a public hearing for lifers besides the application’s contents. Secretary Wetzel interviews each applicant before the merit review and after the staffing. He reads the staffing reports. Many of us feel that if you get Wetzel’s approval that should at least translate to a yes vote by the DOC’s BOP representative. That is not the case. The battery of tests taken also likely influences their decision.
If Lt. Governor Stack embraces second chances and votes no, how does he get to that judgement?
I learned that once a commutation application is officially filed with the BOP, the application is shared with the committing county’s DA, judge or president judge, victims and possibly the magisterial district. This information is found on page 6 in the Pathways to Pardons booklet.
I am starting to believe that it is necessary that family members and supporters of a commutation applicant reach out and have a conversation with the DA and president judge before the merit review. At that time stress the applicant’s humanity and emphasize the support you are willing to give.
Recently an applicant was denied commutation after a public hearing even with the victim’s family support. The committing county’s DA opposed it. Would it have helped if the victim’s family in this case had a conversation with the DA before the merit review and the public hearing? (I don’t know which member of the BOP voted yes to move on to the public hearing. This information would help to analyze the outcome; three members voted yes for the public hearing.) On one hand the DA’s MO is to protect the victims. But what happens when the victim’s don’t want the DA’s protection?! Who does the DA work for? Did the DA influence the AG and corrections expert who voted no at the public hearing? Interestingly, the DA and corrections expert are from the same county-Bucks.
This is a very frustrating process especially since we know so much about the nearly non-existence in reoffending by life sentenced people. The reality of commutation for lifers in PA is dark and complicated but to not apply is not only giving up hope, it keeps the system in place. By putting your life story out there and facing the consequences it is only then that we on the outside can push to dismantle it thereby improving the outcomes-possibly. Always file for a reconsideration.
This is a 24 page resource guide published by Mike Stack – LT Governor