Topic

Clemency

126 petitions

Update posted 1 day ago

Petition to Barack Obama, President Donald Trump

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
590 supporters
Update posted 5 days ago

Petition to Bill Haslam, Tennessee State Senate, Lamar Alexander, Tennessee Governor, Attorney Charles Bone, Tennessee State House

***HELP DEMAND JUSTICE*** #FREECYNTOIABROWN #JUSTICE

Cyntoia Brown, a 16-year old sentenced to life for the killing of Johnny Allen. Cyntoia Brown had been given up for adoption by her biological mother, Georgina Mitchell, when she was two years old. When Georgina became pregnant with Cyntoia, she continued consuming alcohol which may have resulted in fetal alcohol spectrum disorder. Georgina began using crack cocaine when Cyntoia was eight months old and Cyntoia was given up to Ellenette Brown. Even though Ellenette Brown provided a generally stable home, Cyntoia had not had sufficient stability in her life for proper emotional development and by 2004 had become a runaway. Sixteen-year-old Cyntoia Brown's sexual encounters had included many rapes, assaults during or before sex, and times when she was under the influence of drugs. Brown had a physically and sexually abusive pimp named "Kutthroat", who brandished guns at her and forced her into prostitution. Brown was picked up by a 43-year-old real estate agent, Johnny Allen and taken to his house on August 6, 2004. Brown stated that for several weeks, she had been repeatedly raped and was on drugs. When she arrived at Allen's house, she found it was full of guns. Brown said that she was afraid that she would be shot, which led her to shoot and kill Allen. Cyntoia Brown was then arrested for Allen's murder. From the day of her arrest she sat for six years until the start of her trial and she was convicted.  She requested an assessment by Dr. William Bernet, a juvenile forensic psychiatrist from Vanderbilt University. She was found to have had a difficult childhood, but was considered competent to stand trial, and therefore tried as an adult, at the age of sixteen. She requested to testify on her own behalf at her trial, to tell her own story, but her legal team advised her not to do so. Prosecutors argued that her motive for killing Allen, a child rapist and predator who bought her from her pimp, drugged and raped her daily, was robbery.  Brown was sentenced to 51 years to life for first degree murder. The prosecutor of the case had argued for life without parole by stating the importance of ensuring that dangerous and violent people are imprisoned, regardless of the circumstances that may have arisen to make them violent. After her conviction, her story caught the eye of a prominant Tennessee Attorney, Charles Bone, a Nashville attorney, who decided to join Brown's attorneys on the case. They argued for a new trial, particularly to allow Brown to testify on her behalf, something that was discouraged by her attorneys in the original case, to present evidence, and evidence about her developmental delays due to fetal alcohol syndrome. Brown’s new trial is in the appeal process as she sits in adult prison as the VICTIM.  Brown is currently serving her sentence at the Tennessee Prison for Women. Did we somehow change the definition of #JUSTICE along the way?? Because.... Something is horribly wrong when the system ENABLES these rapists and the VICTIM is thrown away for life! To each of you responsible for this CHILD’S sentence, I hope to God you don't have children, because this could be your daughter being punished for punishing already!!!!!!!! PLEASE SIGN THIS PETITION AND HELP ME GET JUSTICE FOR THIS BEAUTIFUL YOUNG GIRL WHO DOES NOT BELONG IN PRISON FOR THE ACTIONS SHE TOOK AGAINST HER PREDATOR/RAPIST. THE TENNESSEE JUSTICE SYSTEM HAS TAKEN AWAY THE REST OF HER CHILDHOOD AND ENTIRE ADULTHOOD, AND SHE WAS ALREADY ROBBED OF HER ENTIRE YOUTH. I WANT THIS CHILD TO KNOW LOVE DOES EXIST AND THE WORLD IS NOT ALL EVIL. I WANT CYNTOIA TO KNOW THAT THERE ARE PEOPLE OUT HERE WHO SAW HER STORY, LISTENED, AND CARE ENOUGH TO DEMAND CHANGE AND JUSTICE FOR HER. PLEASE SIGN, SHARE, POST THE LINK ON YOUR MEDIA PAGES... AND WHEN THERE ARE ENOUGH SIGNATURES THE PETITION WILL BE SENT TO THE TENNESSEE GOVENOR, DEPT OF CORRECTIONS, SENATE REP, HER ATTORNIES, CONGRESS.... THANK YOU!!!! #ISTANDWITHCYNTOIA #JUSTICEFORCYNTOIA#FREECYNTOIABROWN #HOWMANYMORE    

Allison Miletto
26,584 supporters
Update posted 2 weeks ago

Petition to California Governor, Peter Krause

Urge Governor Brown to Free Fred Roehler Now

There is a higher court than courts of justice and that is the court of conscience...  - Gandhi This petition is to urge California Governor Jerry Brown to free Fred Roehler now. Fred Roehler has applied for clemency and the Office of Legal Affairs has received his application. Fred Roehler (Frederick George Roehler II) was unjustly sentenced to life in prison without the possibility of parole. He was convicted of two counts of first-degree murder of his wife and stepson; they died in a tragic boating accident off the Channel Islands in January of 1981. The case was brought against him by the State of California, and involved circumstantial evidence and junk science. He has spent the past 34 years in prison. No one in his family or large circle of friends believes he is guilty. His wife’s family stands by him and his innocence to this day. Fred Roehler has maintained and supported his relationships with his three daughters, extended family and friends through prison walls. His daughters have been visiting him in a maximum-security prison, with heavy and strict supervision, since they were 6, 10 and 11 years old. Why are we asking for this now? Because Fred has exhausted all of his legal options. And more importantly, Governor Jerry Brown has been court mandated to reduce the prison population. He has implemented a plan that will consider releasing inmates who are over the age of 60, and have served more than 25 years. However this plan does not include inmates with a life without the possibility of parole (LWOP) sentence. If it did, Fred Roehler would be the perfect candidate. He is 73 years old, and has served 34 years as an exemplary inmate. He has never received a single write up for any type of infraction. Fred has been a model prisoner: he’s taught classes, worked in the library, and advocated for prison reform – think Andy Dufrain from the movie Shawshank Redemption. A bit of legal background: Fred Roehler was tried and convicted in Santa Barbara County where the Sheriff was also the coroner (in most counties they are separate entities). In the initial autopsy, performed by a coroner in Ventura County, the deaths were recorded due to saltwater drowning. The Santa Barbara coroner performed a second, secret autopsy, and allowed the family to cremate the bodies, then he ruled the deaths a homicide. There was no physical evidence to convict Fred Roehler. The DA hired medical “experts” to reenact the accident, which involved beating a dummy in the middle of the courtroom with a boat oar and carbon paper to replicate “wounds.” They also rolled a dummy’s head (detached from the dummy body) along the outside of the boat, to replicate injuries. The “pattern” of injuries could not be replicated if the head was attached to the body. These and other forms of junk science were deemed inadmissible by the California Court of Appeals, Second Appellate District, however they claimed that having the jury hear and see these testimonies was “harmless error” and would not have impacted the jury’s decision. In Fred’s one and only appeal, two judges upheld his sentence and one judge disagreed. Judge Vincent Daslimer’s dissent was six pages long. He concluded by stating, “This was an extremely close case in which the properly admitted evidence was just barely sufficient to support the verdicts. Under these circumstances reversal is required because it is extremely likely that the erroneous instruction [junk science] tipped the delicate balance of evidence against the defendant. I would reverse and remand." Fred’s subsequent appeals: California State Supreme Court - denied to be heard - 3 votes in his favor, needed 4 United States Supreme Court - denied to heard 9th Circuit Federal Court - denied to be heard - 1 vote in his favor, needed 3 Fred Roehler is not a threat to society. He is a caring, sensitive, intelligent, gentle man. He is a brother, father, grandfather, uncle, and friend to many. If released from prison, he will have the full support – emotional and financial – of his family and friends. He hopes to spend the rest of his life with his daughters, grandchildren, and extended family. As well as missing out on the childhoods of his children, and now his grandchildren, Fred lost his brother, parents, and parents-in-law while in prison, and can’t spend a second more behind prison walls. Please urge Governor Brown to Free Fred Now by signing and sharing this petition!  

Kirsten Roehler
1,205 supporters