Topic

Clemency

123 petitions

Update posted 4 days ago

Petition to Barack Obama

GRANT FELIX WALLS an EXECUTIVE CLEMENCY

Oct 30, 2015 — Petition For Commutation of Sentence/Clemency TO : The President of the United States The undersigned petitioner, Felix Walls, Reg. No. 02414112, date of birth January 19, 1942, a United States citizen, who has no prior filing of said petition, being a federal prisoner; convicted for a violation of 21 U.S.C. 841 and 846 in the United States District Court for the Eastern District of Michigan sentenced to life imprisonment on February 3, 2003, on a plea of not guilty. Having sought review by the Supreme Court prays for commutation of sentence and/or clemency and in support of my petition I ask that you please take into consideration the fact that this petition also falls under the “Compassionate Release’ as I am a senior citizen with deteriorating health, I can barely move around and barely see at times. I have done over 20 years of imprisonment and such time has been served for a non violent offense. Further, I have a biological daughter who is in desperate need of a kidney donor. I, as her biological father may very well a potential donor for her. I ask that it is taken into consideration that I may very well be her only chance for being a match for her. Further, in support there of the petition I state as follows; All Subsequent Indictments are in clear violation of the Speedy Trial Act. The delay between the arrest and each superseding trial is in clear violation of the Speedy Trial Act. Had the supeserseding indictments been timely made (though they were not ) they are defective as a superseding indictment may narrow, but not broaden, the charges made in the original indictment. See 18 U.S.C. §§ 3288-3289; United States v. Miller, 471 U.S. 130 (1985) The complaint that resulted in the petitioner’s arrest contains a charge not contained in the original indictment but added in a superseding indictment, which is not filed within thirty days of the original complaint; the charge is subject to dismissal. See 8 U.S.C. §§ 3161(b),3162(a)(1) The original criminal indictment is a fatal, defect, the original indictment does not pass constitutional muster, an indictment “must allege lucidly and accurately all the essential elements of the [crime] . . . charged.” The original indictment failed to meet this requirement, it suffers from a fatal defect and cannot support a conviction. Fatal defects in indictments are jurisdictional, and may be raised at any time. Further the indictment failed to allege drug amounts or penalty statutes, in violation of Apprendi v. New Jersey ,530 U.S. 466 (2000). See also FRCP Rule 7©(1). See Also U.S. v Landham, 251 F.3d 1072, 1082 (2001) Any factor other than conviction that increases the Defendant sentence must be determined by a jury. See Apprendi v New Jersey, 530 U.S. 466 (2000)* this includes the constitutionality of any prior convictions See Tucker, 404 U.S. 443 The petitioner’s “valued right to have his trial completed by a particular tribunal” is within the protection of the constitutional guarantee against double jeopardy, since it is that “right” that lies at the foundation of the federal rule that jeopardy attaches when the jury is empanelled and sworn. United States v. Martin Linen Supply Co. Also, The Double Jeopardy Clause protects a criminal defendant from multiple successive prosecutions for the same offense that arise from prosecutorial overreaching engaged in with the deliberate intent of depriving him of having his trial completed by a particular tribunal or prejudicing the possibility of an acquittal that the prosecutor believed likely . Double Jeopardy as well as collateral estoppel precluded further institution of charges as well as successive punishment. An accused may not be sentenced on the basis of materially false assumptions or misinformation, but must be based upon reliable and accurate information. See Townsend v Burke, 334 U.S. 736, see also Morrisry v Brewer, 408 U.S. 471 (1972). CERTIFICATION AND PERSONAL OATH I hereby certify that to the best of my knowledge, information and belief that the information as provided above and contained herein is true and correct. I understand that any intentional misstatements of material facts contained in the petition may cause an adverse action and may subject me to penalties, criminal and/or civil.

Phyllis Bell
579 supporters
Update posted 6 days ago

Petition to Governor Terry McAuliffe

Decriminalize Autism and Save Drew

Our son, Drew Harrison, has Autism Spectrum Disorder (ASD) and is currently serving three active years of a 50-year prison sentence. Drew’s Autism was not taken into consideration at trial or sentencing. We are petitioning Governor McAuliffe to grant Drew a pardon. Drew reconnected with a woman he had dated in high school. The evening before inviting him to her apartment she shared her interest in BDSM, submissive sex. She told Drew that her boyfriend was too tired after work to please her sexually. Upon arrival she laid a blanket on the floor, she allowed him to massage her shoulders and feet, she showed him her semi-nude, erotic photos of herself and engaged in sexualized talk. In the bedroom he easily removed her shirt and pants. Drew gave the woman oral sex and put a finger in her vagina. When she told him to stop he stopped. The two of them texted and emailed back and forth hundreds of times post event. They even got together a few times. On one occasion they went to a bookstore where she pointed out an erotic BDSM book for Drew to buy. Six months after the evening in her apartment she reported to the police that the contact in her bedroom was nonconsensual. Those with ASD typically have a strike or two against them when entering a courtroom. The pace of questioning often exceeds their ability to process everything that is heard. Their high anxiety and repetitive statements can be mistaken as indicators of deception or guilt. Without an understanding of their unique way of processing information and their difficulty expressing anger appropriately a court can easily question credibility and reach a faulty conclusion.  Drew’s therapist testified that Drew has a strong desire to please, that he has learned to fake well in order to fit in. The judge interpreted this as our son’s ability to be deceitful and he used it as part of the reason for convicting Drew. He never asked the autism experts in the courtroom for clarification regarding Drew’s social and communication deficits.  In a letter presented to the judge Drew’s probation officer noted that Drew complied with all probation conditions for over two years. She stated that if this were a regular case without the appeal process she would request early release from probation. She added that Drew passed the state-issued polygraph without deception. Results were consistent with the not guilty plea Drew has maintained from the beginning.      The judge stated that he didn’t view Drew as a threat to the community or the woman. He emphasized that he was sending Drew to prison as a general deterrence to others because that is what the community would want him to do. Drew’s therapists are convinced that Drew is innocent of the crime for which he was convicted. They warned the court that incarceration would be torture for our son. In prison Drew suffered a break down after abrupt medication changes and being moved from isolation into general population. To deaden his senses from loud clanging doors, the bright buzzing lights and the chatter of inmates Drew often wears ear plugs and wraps a shirt around his head. He struggles to navigate the unwritten rules of inmates. Drew lives in fear and overwhelm. He begs us, “Please get me out of here”. Prison visits are bittersweet. We are grateful to spend time with our son, but heartbroken as we see him deteriorate. We are asking Governor McAuliffe to grant Drew a pardon. We ask for your support by signing this petition. My blog savedrew.com gives additional details and excerpts from transcripts. It shows the considerable reasonable doubt and injustice.  Thank you, Judy and John Harrison       

Judy Harrison
1,679 supporters