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January 4, 2020

Despite creating lots of clemency hope, NY Gov Cuomo delivers little clemency relief

This New York Daily News article, headlined "Gov. Cuomo grants clemency to abused upstate woman convicted of murder as advocates call for more action," reports on the clemency grants issued yesterday by New York Andrew Cuomo. Here are the details:

An upstate woman convicted of murder after suffering physical and emotional abuse at the hands of her husband had her 50-year prison sentence commuted by Gov. Cuomo on Friday. Monica Szlekovics, along with her abusive husband, was found guilty of a 1996 murder in Rochester.

Szlikovics, 42, had a traumatic childhood and endured “extreme, ongoing physical and psychological abuse from her husband,” said a statement from Cuomo’s office. She suffered from complex post-traumatic stress disorder and trauma bonding when her husband forced her to take part in the slaying, the statement said.

In her more than two decades behind bars, Szlekovics has expressed remorse for her role in the murder, completed a bachelor’s degree in sociology, worked as a clerk for the prison college program and participated in domestic violence classes. She also has the support of domestic violence groups and women’s justice advocates....

Cuomo also commuted the sentence of Ryan Brice, 32, who turned to crime to make money after his family lost their home and possessions from flooding during Hurricane Irene in 2011. Albany cops caught Brice trying to raise cash by selling a loaded assault rifle for $1,200, leading him to plead guilty to a charge of criminal weapons possession. He was sentenced to prison as a violent offender — even though he never committed any violent acts, the governor’s office said.

Cuomo pardoned nine others convicted of a variety of charges who have remained crime-free since serving their time. Most of those pardoned were convicted of misdemeanor drug charges. He called those who he granted clemency "deserving New Yorkers who have proven their remorse and undergone successful rehabilitation.”

Advocacy groups say Cuomo has failed to follow through on promises to assist more convicted criminals who have demonstrated remorse and accountability. The Release Aging People in Prison Campaign issued a scathing statement Friday calling on Cuomo to show mercy to more of the thousands of prisoners who have applied to have their sentences shortened....

Since 2011, Cuomo has commuted the sentences of only 21 people — most famously that of Judith Clark, who drove a getaway car in the 1981 Brink’s robbery that left three people dead. The commutation in 2016 move made Clark eligible for parole; she was released from prison last June. In 2018, Cuomo issued around 30 pardons, mostly to immigrants who were at risk of deportation. He also commuted the sentences of nine prisoners.

The official statement from Gov Cuomo about the 11 clemency grants can be found here, and the statement from The Release Aging People in Prison Campaign can be found here. Here is an excerpt from that later statement:

As New York celebrates a new year and decade, thousands of New Yorkers continue to languish behind prison bars in 2020 because the governor continually refuses to use his executive clemency power in a meaningful way.  While governors in Kentucky, Oklahoma, Pennsylvania, California, and other states have recently used their executive power to promote freedom and reunite families, Cuomo continues to keep people in despair and families apart.

In 2015, Cuomo invited pro bono attorneys to help incarcerated people put together clemency petitions with the goal of granting more clemencies to worthy candidates.  More than 6,000 New Yorkers in prison responded by applying for clemency in ways that demonstrated their remorse, accountability, many accomplishments, family and reentry support, and more.  Yet to date, Cuomo has granted only 21 total commutations, an average of two per year since taking office in 2011.

If New York is to be a leader in the movement to end mass incarceration and the nationwide effort to resist President Trump’s racist agenda, then we need a progressive governor to show bold courage and leadership. Justice for one or two individuals isn’t enough.

More than a few notable folks have used Twitter (such as Profs Rachel Barkow and Steve Zeidman) to expresss similar disappointment at Gov Cuomo's failure to walk the clemency walk after having long talked up his clemency powers.

January 4, 2020 at 07:38 AM | Permalink

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