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It’s been over 30 days, Governor Wolf sign on!

It’s time to put some pressure on Governor Tom Wolf to sign the commutation orders that were recommended to him on September 4th. 

Please take a few moments to call ☎️ his office (717-787-2500 ) and contact him via his online form

You can write your own message or use the script below. We need to flood his office with requests so our people are returned to us ASAP!

Dear Governor Wolf,

Please Sign the Commutation orders for Avis Lee, Mildred Strickland, Henrietta Harris, Kevin Butler, Daniel Cummings, Reid Evans, Wyatt Evans, Francisco Mojica and Gregory Stover.

These nine commutation applicants went through a rigorous screening process over the last 3 years and were recommended by your appointed board. A month may not seem like a long time to you but, after serving 30 to 40 years, every additional minute is an eternity.

The risk to these people of being exposed to covid-19 is extremely high in the state correctional institutions and they would be much safer once released. It would be truly tragic to become infected while waiting for your approval.

Please sign the orders today!
✏️ Your name and any credential or PA town etc.

[Image Description: Governor Wolf is seated at a desk in the bottom right hand corner of the graphic looking down as he is writing. White letters in a hand written font state,” Dear Governor Wolf, Please sign the commutation orders that were approved last September 4th. Thanks! Love with a little heart, me”]

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News

Overview of the Public Hearing Outcomes

The first week of September saw the first ever virtual hearings of the Board of Pardons. The hearings took place on zoom with hearing participants sent a special link. The public was able to watch a live stream of the zoom on the BOP website. A schedule was sent out weeks before listing over 200 cases to be heard, most of them pardons. The pardons cases are all people who are not in prison.

There were technical problems throughout the process resulting in the postponement of many of the pardon cases. It was a relief that the board chose to continue with the commutation cases.
 
Henrietta Harris, Avis Lee, Mildred Strickland, Gregory Stover, Francisco Mojica, Reid Evans, Wyatt Evans, Daniel Cummings and Kevin Butler were all recommended to the Governor.
 
Dennis Horton, Lee Horton and Eric Eisen were held under advisement. (They do this when the board has unanswered questions that would impact their decision.)
 
Edwin Dejesus, Harry Jeffries, Richard Marra, Michael Rinaldi, Felix Rosado, David Sloughenhoupt, Joseph Spinks and James Strapple were denied.
 
Here are some stats for the 22 that were up for commutation from our beloved data diva Elaine Selan:
 
Prisons: Phoenix  7 Chester 6 Benner 1 Dallas 2 Albion 1 Muncy 1
Cambridge Springs 2 Mahanoy 1 Somerset 1       
 
1st Degree = 7 * 2nd Degree = 11 * Robbery = 1  * Murder = 2
21 with LWOP * 1 longtimer
 
AGE – Avg. 55 Oldest = 83 Youngest=43
 
RACE –  B=10 H=3 W=9
 
YEARS SERVED – Avg= 37.1 Longest=41 Shortest=24    
 
COUNTY  Phila – 11 Allegheny – 2  Berks – 1 Bucks – 1 Delaware – 1 Lancaster – 1 Mercer – 1 Westmoreland – 1          
 
RESULTS                  
Recommended          9          1st D- 2/2nd D-6/Robbery -1
Not Recommend        8          1st D-1/2nd D-7
Under Advisement    3          2nd D-3
Case Not Heard         1          Murder
Continued      1          Murder
Not Continued           0         
Reconsideration        N/A    
Revocation     1
 
Board Members Vote Tally: 
 
Grayson (Victim Advocate) – Y=10  N=8
Gubernick (Criminal Justice ‘Expert’) Y=10  N=8
Williams (Psychiatrist) Y=10  N=8
Shapiro (Attorney General) Y=11  N=7
Fetterman (Lt. Governor) Y=12  N=6          

We uploaded some of the hearings on our youtube channel:

Felix Rosado’s Hearing – with surprising testimony from Jennifer Storm head of the Office of the Victims Advocate.

Henrietta Harris and Mike Rinaldi –  these videos clip the beginning of Henrietta’s and the end of Mike’s You can still get the feel.

Avis Lee’s Hearing – After all of the anticipation the hearing lasted about 3 minutes.

The next Merit Review is scheduled for November 5th at 3pm.
The next Public Hearings are scheduled for the second week in December 9-11th.

Debrief with us!
The hearings were a lot!

On September 17th at 6pm, join Let’s Get Free and Amistad Law Project in debriefing what happened at the public hearings, reflecting on our wins, our losses and the road ahead.   You can expect a breakdown of what happened at the hearings last week from organizers at Let’s Get Free and Amistad, space to express your feelings, observations, and questions about the hearings, and time to imagine the changes we want to see at the Board.

The event will take place on Zoom.
Register Here
Facebook Event Here

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News Take Action

Success for 3 Women in PA

[Image description: Black and white headshot of Avis Lee who is smiling surrounded by flowers and the words Avis Lee 5 Yes Votes  She is coming Home]

YES. YES. YES. YES. YES. Avis Lee is coming home!!
Let us all rejoice in her homecoming. It is with great pleasure we share the news of her unanimous vote for commutation from the PA Board of Pardons.

All the women who went before the board last week had favorable reviews! Mildred Strickland at the age of 75 will be returning to Philadelphia to be with her grandchildren. Henrietta Harris whose case was held under advisement last year was commuted of her life sentence and given a hit of 12 months for an escape. 

The Amistad Law Project wrote this overview of last weeks decisions which you can read here. 9 longtimers out of 22 were recommended to the governor. There is still a long way to go but considering there were essentially no commutations for a period of 30 years in PA, we are feeling the joy!

Avis said yesterday was the best day of her life. Like a giant weight has been lifted from her shoulders. She sends gratitude for each prayer, each sign, each painting, each email, each letter, each raised voice for freedom and all the acts of love and support so many have offered her over the years.

We now await the governor to sign on to her application which could take 30 days to 6 months. The governor is not obligated to any time frame.WE ARE SPEAKING 30 DAYS INTO EXISTENCE.

Please consider chipping into her Decarceration Fund. Let’s Get Free is more than proud that Avis will be our first official employee!!

Categories
News

Public Hearings This Week

The photo above shows advocates on August 27th holding signs at the City County Bldg in Pittsburgh. The signs read “We believe in second chances. Yes on Commutation – Reunite Communities. Commute deserving Lifers. Commutation is a legal process to reduce a sentence. commutation is a second chance” Rallies held in Pittsburgh and Harrisburg a week before the hearings were meant to demonstrate physical support for people coming before the Board of Pardons.

This spreadsheet shares the schedules for this weeks first ever virtual public hearing. Over 200 cases will be heard the vast majority are people seeking pardons from marijuana related charges. 22 people seeking commutation from life and long term sentences will be heard. The spreadsheet is much easier to read if you download it onto your computer.

There will be more information on the BOP website. The link to view the hearings is https://pacast.com/live/bophearing

The Amistad Law Project will be live tweeting from the hearings. Follow along here


The applicants have an interview with the board of pardons the day before their hearings. They will be virtual as well and no public is allowed to attend. The applicants are not allowed to attend their own public hearings – even virtually.

The following info tracks people in the extended CADBI network who are coming before the board.

Tuesday September 1:
2pm Henrietta Harris – Interview

Wednesday September 2
11 – Henrietta Harris- Hearing
2pm – Avis Lee, Mildred Strickland, Richie Marra, Horton Bros. – Interview

Thursday September 3
11 – Avis Lee, Mildred Strickland- Hearing
12 – Richie Marra, Horton Brothers – Hearing
2pm – Felix Rosado, Kevin Butler – Interview

Friday September 4
10 – Felix Rosado, Kevin Butler  – Hearing
12 – Votes heard for all cases probably in Alphabetical Order like the merit review.  

According to the BOP spreadsheet, the Board’s vote on all cases [pardons and commutations—all 202] will be made on Friday, 9/4 at 12pm.  In other words, voting will not take place on the same day as the hearings, with the exception of those cases heard on Friday morning.

If the applicant receives 5 yes votes (we will rejoice) and will then wait for the governor to sign on to the application. Once signed, the person will be transported to their Community Corrections Center by the DOC.

Photos below depict the Harrisburg rally from last Thursday where 200 photos of people supporting commutation applicants were displayed on the steps of the Harrisburg Capital building. Each poster has brightly colored words stating “Yes to Commutation. Reunite Communities” with a color photograph of a different friends, family members and supporters holding signs of support for release. Read more on this coverage from the Pennsylvania Capital Star.

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Art & Storytelling Events Take Action

Yes on Commutation! Week Of Events

Week of Events to Support Fair Commutation and People in Prison
Virtual Gallery Tours of the End Death by Incarceration Art Contest:
Sundays in August August 23 and 30th
at 11am, 12pm & 1pm EST – 30 minutes

Zoom Link for gallery tour at Our Link Tree

Contact to set up ASL or plan a specific group tour that fits your schedule. [letsgetfreepa@gmail.com]


Write letters of support to the 22 Commutation Applicants
Tuesday August 24 – 9am

This Tuesday morning, Letters from Home will be dedicated to sending messages of support to the people waiting for their hearings on September 4th. You can try to imagine how emotionally full this time of waiting can be. If you can’t make the 9am zoom gathering you can access the spreadsheet here. You can find a tab at the bottom of the spreadsheet that says “commutation”. Zoom Link for Letters from Home at our Link Tree


The Final August Premiere of the Life Cycles Toward Freedom Films featuring Stanley Mitchell and Saleem Holbrook
Tuesday August 25th from 7 – 8:30 EST.
Register here.

Featuring 3 new short films and special guests Stanley Mitchell and Robert Saleem Holbrook. If you have already seen the films tune in around 7:45 to see the 10 minute film about the Unger Ruling in Maryland which led to the release of 260 aging people with life sentences in 2012. Stanley was one of the people released 12 years ago.

If you don’t want to register and enter our zoom room, the events will be live streamed on our youtube channel


Yes on Commutation Rally
Thursday August 27th 9am City County Bldg – Pittsburgh

Join members of Let’s Get Free and the Dignity Act Now!Collective Pittsburgh in supporting applicants coming before the PA board of pardons on September 4th. Avis Lee, co creator of Let’s Get Free, is finally coming before the Board of Pardons after 40 years in prison. This is her 6th attempt at commutation! Because of COVID 19 these hearings will be held virtually and we will be unable to show the court support in the way we would ordinarily if allowed to enter the hearing.


Outside Film Screening and Social Distance Hang
Sunday August 30th – 7 – 8:30pm
Register Here (not necessary but helpful)
We are gonna social distance and wear masks 🙂

400 Roup Ave. In the parklet behind the Aldi in friendship.

Bring your own chair. Bring your own food 🙂 We will have fresh juice and beverages and snacks and bug spray! We will also have t-shirts for sale! We will screen the life cycles movies and more. Movies start at 8:30. Katina, a good friend of Tameka Flowers is coming all the way from Greensburg to talk about Tameka who is featured in one of the films. Rain date the following Sunday – September 6th.

Yay! Facebook Event


More action steps to take on the Life Cycles Toward Freedom Website

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Events News

May Update: 5 Yes votes for Avis & Commutation Hearings Postponed

Avis Lee received a unanimous 5 yes votes at the May 7th merit review hearing.

This is the farthest she has ever made it in the lengthy commutation process of which she has applied 6 times. Just two more steps to go. The next is the public hearing, including a personal interview with the board, in which she will need the same unanimous 5 yes votes and finally a signature from the governor.  8 out of 13 people sentenced to ‘Death by Incarceration’ were granted public hearings including Mildred Strickland and Phil Rosato.


Commutation Hearings have been postponed due to Covid. 

The Board of Pardons is postponing the public hearings scheduled for June 4th. They claim that they have security concerns due to technology and said LT. Governor Fetterman expressed that having a video interviews rather than in-person interviews would be unfair to the applicant. We think the applicant should be given a choice wether they want to proceed with a video interview. Cambridge Springs has said they have all the technology they need to conduct video interviews and in this day and age the technology concerns are unfounded.

The board will be hearing some pardon cases that don’t involve violence or sexual assault. Board secretary, Brandon Flood said that depending on COVID, the board could have the public hearings before the next scheduled hearing date which is in September.


Save the Date: June 4th → 6 – 8 pm→

Transform Commutation! The People’s Response: Envisioning Release in the Time of Covid and Beyond

On the day the commutation hearings were to take place, Let’s Get Free and the Coalition to Abolish Death by Incarceration are planning a people’s response! Hear from people who have been commuted, people who have lived along side those seeking commutation, demand reform and dream of a new way of holding justice.  What can you envision? Dream with us!  One of our beloved movement fathers, Dr. William Goldsby will be present!


Commutation Application Status

Many prisoners are curious about the status of thier submitted applications. For all those who have already submitted their applications, they are in que just as before. (It is always hard to get information about exactly where you are in the que.) While the DOC Board of Pardons website states that the board is not taking new applications at this time – that’s not all the way true. Brandon Flood assures us that the board is not rejecting or denying any applications they receive. The reason the board is asking people not to submit is because there are quite a few clerk of courts that are not open, so people are submitting incomplete applications.  Depending where the applicant is coming from they may not be able to complete their applications because they may not have access to all the forms. If your clerk of courts is open and you have all your documents you can submit your applications.


Covid in the PA DOC Update: 

SCI-Huntingdon remains the current hot spot within the DOC reporting 143 positive cases among prisoners and 44 positive cases among guards. Just today we learn that 2 people died at Huntington, including the passing of a widely beloved elder, Bumpy Johnson who died from covid at the age of 76. SCI Phoenix is claiming 35 positive cases with 3 deaths reported among the prison population. Camphill, Chester and Fayette are all reporting one positive among prisoners. People on the outside can check for daily covid updates here. It’s hard to tell what’s real because there is limited testing everywhere. Out of the 5 deaths reported 3 of them were people with life sentences.

Additionally, Governor Wolf has still not signed the 3 commutation applications on his desk. This is a simple ask – they have been vetted by the board. This demand was articulated to Governor Wolf in a joint letter from the ACLU, Abolitionist Law Center and Amistad Law Project. The letter demands Covid relief to the over 4,000 people in prison over the age of 60 and 12,000 people in prison who are medically vulnerable.

You can hear from PA  prisoners directly regarding Covid this Thursday, May 21st 6 – 8pm  at the virtual town hall: Voices From the Inside: Pennsylvania Prisoners Speak Out –  Register Here 


Rest in Peace Eliza Medley

Eliza Medley passed away on Sunday May 10th. She did receive a medical release and went to live with her sister on April 27. Sentenced to life at the age of 21, Eliza served 44 years succumbing to liver cancer at the age of 65. Eliza is remembered as being down to earth, bubbly, always with a smile and treating others equally. It is both a relief and heart wrenching that she had just two weeks home. Love to all of her friends and inner circles on both sides of the walls.


Let’s Get Free was invited to host:

Cocktails with a Conscience: Art and Activism Thursday, May 21st, 7:00-9:00PM

Screen Shot 2020-05-20 at 6.09.36 PM

Repair the World Pittsburgh is partnering with The Kelly Strayhorn Theatre for a Zoom social hour. Guest speakers, including folks from Let’s Get Free, who will discuss the ways by which art can be used for activism. Grab a drink, log on, and learn with us!

Artists James Yaya Hough, Morgan Overton, Todd “Hyung-Rae” Tarselli and etta cetera will discuss their own creative endeavors with a special video from TR who is currently incarcerated speaking about being an artist in prison. Yaya has collaborated with Let’s Get Free years before his release and is now the resident artist for the Philadelphia District Attorney. Let’s Get Free is just beginning a collaboration with Morgan for our latest endeavor to uplift the stories of women sentenced to death by incarceration. Learn more on Thursday!

Register for the zoom room HERE!


Zoomed out? Tune into a few noteable quotes from some national Zoom Room’s we have entered.

“Despair is a tool of our enemies.” — Audre Lorde

“I insist! We have power.” –Mariame Kaba leading abolitionist from Chicago founded Project Nia

“Prisons are a pre-existing condition.” Monica Crosby- recently released New Yorker speaking from her new apartment.

“Individual fingers can be easily broken but together they make a mighty fist.” —Sitting Bull

“Recognizing the brilliance of ourselves, of our people, the diamonds polished by years of oppression, war and struggle and survival among our ancestors and today as we face a pandemic.But also remembering that sometimes it was us who were not only the oppressed, the marginalized but we were the queens, the leaders, the shamans, the witches, the wise ones, the council.
We are not only shaped by our oppression and the hardness of endurance.
We are shaped by our creativity, our love, our legacies, our history, our families of birth and chosen, our beautiful cultures, our music, our food, our poetry, the land that we once belonged to and sometimes still do. The things that we have intact and not only those things broken…
Who we are and what we are come from this alchemy of struggle and life force”
-Mimi Kim on abolitionist feminists

cydsavethedate

15 minutes to Celebrate 65 years of Cyd!
This! Saturday May 23, 12:00-12:15pm, Zoom party

As Cyd turns 65, she has served 40 years of a life sentence. We want to lift her up on this day, because she has lifted up so many others, and to shine a light on aging prisoners who should be freed during this crisis!  We have 75 people signed up – wonder if we can get a 100 people to wish Cyd a happy day?

To participate, please register here. We can text remind you!! Please bring a bell AND something colorful to wave in the zoom, bright fabric, a happy birthday sign, streamers. All of our research has said it’s really hard to sing happy bday together on zoom – so Naomi Blount will lead us in song and we can ring bells. Paulette Carrington will also be present sharing the importance of birthday celebrations on the inside.

Categories
Commutation Resources

Updated Tips for filing Commutation Applications in PA

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Naomi Blount pictured here is the 2nd women in 30 years to receive a commutation of her life sentences. Here she is in Philadelphia shortly after being released. We are so happy for you Naomi!

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

  • Ideally you would have a lawyer represent you when you get to the public hearing. If you do not have one, Applicants seeking representation should contact: Ross Miller, Interagency Liaison Bureau of Treatment Services Pennsylvania Department of Corrections 1920 Technology Parkway, Mechanicsburg, PA 17050  Phone:  717-728-0377
  • When we are trying to find out if our people are up for merit review or what is going on with their application we contact John Johnson, Pardons Case Specialist Pennsylvania Department of Corrections 1920 Technology Parkway, Mechanicsburg, PA 17050. Phone: 717-728-0386 johjohnson@pa.gov 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 Johnson the week before the scheduled merit review to obtain the most accurate info.
  • Supporters can now email letters of recommendation to the board of pardons. Contact as of July 2019 is Brandon Flood – Bflood@pa.gov He will distribute the letter to the board and put it in the applicants packet. It’s always important to send a paper copy to your person filing the application.
  • People in prison can get a copy of the application by going through a counselor. People on the outside can also send an application by downloading it through the Board of Pardons website. As of 2019 there are on longer fees associated with this application.  Let’s Get Free can send person in prison an application on request.
  • 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. Both Naomi Blount and Farouq Wideman were denied at the merit review stage last winter, filed the reconsideration letter, were granted public hearings in May and are now in half way houses as of July 2019 (glory be!) They are part of the 11 people commuted this far under Governor Wolf.

Upcoming Schedule for Board of Pardon Hearings

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.

  • The Public Hearings are held in the Supreme Court Courtroom, Main Capitol Building, Capitol Rotunda, Room 437, Harrisburg, Pennsylvania.
  • The Merit Review Sessions are held in the Senate Hearing Room, 8A East Wing, Capitol Building, Harrisburg, Pennsylvania.
  • Scheduled Merit Review Sessions and Public Hearings are subject to change as deemed necessary by the Board.

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

Letters of Support and Letters of Recommendation

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..

Asking Friends and Family for Letters – 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:

  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,

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.



This following is all from the BOP website: Filing Of An 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.

Incarcerated Process Flow Chart_Page_1

Incarcerated Process Flow Chart_Page_2



Procedure:

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:

  • Residence: rental agreement, mortgage statements, rent receipts, etc. as applicable;
  • Marital Status and Family Composition: marriage decrees, divorce decrees, birth and or death certificates, etc. as applicable;
  • Employment: pay stubs, W2’s, evidence of income to include alimony, unemployment, VA benefits, etc. as applicable;
  • Resources: investment statements, life insurance policies, checking and savings account statements, total family income, value of all property to include vehicles, vacation property, rental property; etc. as applicable;
  • Liabilities and Indebtedness: loan statements, mortgage statements, installment (credit card) statements, delinquency on any utilities, etc. as applicable;
  • Membership in Organizations and/or other Civic Organizations: membership cards for any volunteer, civic, church related organizations, etc. as applicable;
  • Religious interests: interests and activities of the Applicant, as applicable;
  • Mobility and Travel: addresses and dates of residences for the past ten years;
  • Employment History: record of jobs held for the past ten years as shown by W2’s, pay stubs, etc. as applicable;
  • Educational History: history of education as shown by diplomas, certificates, transcripts, etc. as applicable;
  • Military Service: branch of service, dates of entry and discharge, type of discharge, rank attained as shown by a DD-214; as applicable;
  • Community Reputation and Reference: names and contact information of at least 3-5 references to be contacted by the investigating Agent, or letters of support.

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:

  • Applicant/Representative
  • Board of Probation and Parole
  • Department of Corrections (If incarcerated)
  • District Attorney, President Judge
  • Victim(s) or Victim(s) Next of Kin
  • Newspaper in the county where an applicant committed the crime(s) for which he/she is seeking clemency. At least one week prior to the public hearing, notice must be published stating the applicant’s name, the crimes(s) with respect to which the applicant has applied for clemency, clemency type, the institution, if any, in which the applicant is confined and the time and place of the hearing at which the application will be heard. Newspaper publication is required for every application to be heard by the Board.

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.


The Hearing:

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:

  • Applicant’s presentation
  • Supportive speakers’ presentation
  • Victim’s and/or victim’s next of kin’s presentation or anyone who would like to speak in opposition of the application.

Visit the Public Hearing Presentation page for more information on preparing for your presentation to the Board.

The Results:

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.

Post Result Actions:

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.

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Press conference at Avis Lee’s merit review hearing in 2014. She received unanimous denial. She is awaiting decision on her 6th attempt at commutation. We expect the merit review to take place in November. Tyrone Wertz, commuted lifer is speaking, surrounded by many supporters.

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News

Avis Lee’s Merit Review Date Changed – Now August 8th

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Merit Review is one step of the long commutation process. You need 3 out of 5 votes to make it to the next stage which is a public hearing. Applicants are not present in person and an official reads the name and the board of pardons members say yes or no if they support. Feels very clinical, but it is public and community members do attend.
Before the Merit Review, each applicant has a video conference interview with the DOC Secretary Wetzel. He talks to them for 15 minutes and asks questions. He then gets to weigh in on wether he supports the applicant for commutation. We are curious how much weight the board of pardons gives to Wetzel’s recommendation. How can you decide a persons fate in a 15 minute interview?

This is Avis’s 6th attempt for commutation. For the last 4 applications she has had complete institution support for her release. We believe the people who live with her every day should should carry the most weight in these recommendations. Not the District Attorney who has never met her, nor Wetzel who has a 15 minute conversation with her.

Also, if you want to make a donation we could use it for gas, tolls, t-shirts etc.
Background:
Avis Lee turned 58 years old this past January. She was sentenced to Death by Incarceration (DBI) as a teenager and has served almost 40 years in prison. She was the look out for a robbery that ended tragically. This is her 6th attempt at applying for commutation. The last 4 attempts she has had full support of Cambridge Springs Prison.

For clarity, Commutation is different than the superior court case that the Abolitionist Law Center argued on the age expansion for juveniles sentenced to DBI. That case is still in process. For more information on Avis Lee Click Here

Board of Pardons Process Flowcharts for public and incarcerated cases are now available.

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