View Full Version : Question on Parole Board?


jlw
10-10-2005, 02:43 PM
Okay I have a very long and lengthy question about how this parole board works??? Now I have read everything there is to read about how it works on the Parole Board web site! I have read all the rules and what not! I even read the law where they changed their name from the Arkansas Prison Transfer Board to now just plain Parole Board! I have done all the home work I think I need to about what it takes to get, have, take and what ever else but I have more questions I want answered and really do not know who to turn to but this place and I am hoping I can get an answer ASAP!

Now what I would like to know is has anyone ever been to a parole hearing? I am going to explain in the shortest way I know how my brother's case. YES he has been wrongfully convicted by the Department of Human Services of Arkansas of 2 counts of rape against his own 2 daughters (his daughter were raped in foster care but DHS does not want to take responsibility of that so they blame him!!). It is a very long and heart wrenching case but our family is fighting for him every step we can to help get him out!! Now I have been sending e-mails, letters and phone calls to the governor and FINALLY I got a call from the Executive Clemency office and spoke to Robyn Glover there. She told me he needs to file for a pardon. That is when I started to do my homework on the pardon part. How I see it is a pardon works 2 ways. Either you want your time reduced or you are asking for a executive clemency like what my brother wants which is all convictions dropped by the prosecution.

I see that any inmate can file a pardon from what I read not sure if that is correct or not is it? Now the main question I have is this: Our family is helping him file this Executive Clemency. We have SOME not all of his records from the Public Defender offices that represented my brother (I KNOW BIG MISTAKE) but there is another story there too! His hired lawyer threw him under the bus at his parental termination hearing! Took all his money and never to be heard of again. Okay back to the question.....We are helping him file this pardon and I want to know exactly how it all works and if anyone has ever done this and what was the out come?

Yes my brother is appealing this but we have NOT even got the transcript yet! It looks like it is going to take about another 3 months to get it! It has already been 5 months now! He has been in since May 1. Now will his pardon be denied right away because he has not even gone through an appeal? I know appeals can take up too 3 or 4 years!! I see that you can only ask for a pardon every 4 years but it only takes about 8 or 9 months for that to go through, so I thought HEY at least while he is waiting for this CRAZY transcript to come we could work on this pardon! And also in a parole hearing we can let the parole board to read all the evidence that was not allowed in at court been read by the parole board. If this evidence could have been allowed in and the jury could have heard everything he would not be were he is today but the Judge would not allow most of the important things because of a rape shield law not sure why because these girls were only 6 and 7 years old!

Sooo what we have done to help him is prepare a file with all the documents that prove his innocence that he can turn in at the time of the 1st scheduled hearing along with 25 letters of character. He has his first what ever it is this Wednesday at 9am. We are not sure what it is but I am wanting someone to help me out and tell me if what we are doing is going to help in anyway! and what MORE can we be doing!!! I just want some solid answers but the web site does not seem to tell much! I have even seen the calendar they have to tell you the dates of where they are and what they are doing but not sure what that all means! Can anyone help me! So sorry so long and crazy but it has been hell trying to get some answers when it comes to be in prison that is for sure!

pods
10-11-2005, 06:18 AM
Your brother is in an Arkansas Prison? What is his sentence? How long has he served? These are minimum questions, because there is a specific number of years that must be served in order to apply for executive clemency in AR.. Let me know these answers and I will give any help I can, we are in the clemency process ourselves, so maybe I can help.
God Bless

jlw
10-11-2005, 01:38 PM
Yes my brother is in Cummins Unit he was sentenced in April of 2005. You see he is not asking for a lesser sentence he is asking for a full pardon, meaning he is completely innocent of the charges that were brought against him and the courts have failed him. There is a box on the application that you check what you are asking. He is saying I did not do what they said I did. Get it. His sentence was 35 years. I have been speaking to the Governors office about this case and she is the one that told us to file this and to see if the parole board will hear his case, even though he has not gone through the appeals yet..........only because the transcript has not gotten here yet. I know it is a shot in the dark but we are trying everything and just wanting someone to listen to us! The court system failed so why not explain to the parole board what happen if you are given a chance. Just walk me through how long it is taking and what you have been doing to get a hearing and what it is all about and wh is the parole board and are they fair people are just people that think everyone in prison is gulity of their conviction. I live in NY but my family is back in AR. I moved from AR 12 years ago and from what I have seen my brother go through with DHS and the AR court system I would never go back again. Not saying that I would ever do anything to put myself there either but some of the things that happen are very backwards!! I feel I am living in a very liberal state, Arkansas is not so liberial!!

crisnclay
10-11-2005, 07:40 PM
if your brother is in the middle of an appeal he can not file for clemency or a pardon. it is in the paper work. My husband went through the whole clemency process and his application went all the way to the Governor with merit but the Governor denied it. if you want to, you can look up my post on his clemency stuff and make your own mind up about our GOVERNOR. it doesnt matter what the people on the board are like, all that matters is what the GOVERNOR thinks. and as Forrest Gump would say.." and thats all i got to say 'bout that" ( sorry, my kids just made me watch that movie with them :D )

jlw
10-11-2005, 10:01 PM
Yes I know you can be denied if you are in the middle of an appeal, but he has not even got the transcript to start an appeal. We are still waiting on that No appeal has been filed. The lawyer did say at the hearing she would be filing one but nothing has been done. SO that is why I said.........Hey why not go for a FULL Pardon instead of waitng on the COURTS who work like snails. This whole appeal could take up to 3 or 4 years and how long would a pardon take? I know he is taking a chance on a pardon when it could get denied because he needs to go for the appeal first. But WHY not try this first. I know that the pardon is suppose to be the last thing you do but the court failed him the first time why NOT go for a Full Pardon..........way I say full pardon I am saying he is innocent and he wants someone other then the court to hear his side! He has proof it was just not allowed in a lower court an now they are saying he needs to appeal to a higher court!!! To me that is just plain BS it should have been allowed in the first place and he would not be were he is today.....the judge, the jury and the lawyers all failed him why not try a FULL Pardon

pods
10-12-2005, 06:27 AM
The process can take from 10 to 12 months, the first step is to obtain the clemency application from the IRO (Institutional Releas Officer) at the Unit your brother is in. Complete the application, give it to the IRO and process begins. The inmate's application will be "screened" by the Parole Bd., if it is found to pass "screening" then a hearing at the Unit will be scheduled, where the inmate and their supporters may discuss the application with the Parole Bd. member. From that point it is either approved or denied by the Parole Bd.... if approved it is sent to the Gov. for his OK or denial.
Oh yeah, there are a lot of us that have not been treated fairly by the courts, atty.'s etc. good luck, keep the fire you have to help your brother. Keep us posted on the process.
God Bless

jlw
10-12-2005, 08:55 AM
Thanks so much Pods! One thing what is a "screened" is this were the contact all the people in the case on both sides? YOU BET I am going to keep this fire going! I am going to throw every LOG, TREE, and BRANCH to keep this thing going if I have to cut down the whole forest doing it!! I will keep you posted all the way!

pods
10-12-2005, 12:29 PM
No, the screening is just done on the face of the paperwork turned in, if the Parole Board member (assigned to your brothers unit) does not believe the inmate should go on to a hearing it will just die there. If it gets past the screening, the inmate and supporters are scheduled a hearing. A victim impact hearing is held on a seperate date, the inmate and the victim hearings are held seperately. Law enforcement, prosecuting atty, court etc. can have either verbal or written input during the Parole Board process.
God Bless

lagrady
10-12-2005, 11:41 PM
Good Luck, My son was 14 years old convicted of rape in Washington County Jail. Sent to Varner, sold out by attorney rule 37 was missed filing appeal. Than Took the case all the way to the United States Court of Appeals. 2 years it took for one word Deined. Then the clemency with governor Huckabee, it was about 1 year before my sons 70% rule on ten was completed said you go up for parole this year, didn't grant pardon or clemency. Yes, I have been to a parole board hearing it took 2 before my son made parole. Its scary but truthfully they are were "just". They were not rude nor did they look down there nose towards my sons rape charge. There concerns were his behavior while locked up, what he had done for rehabilation, and has he earned the opportuntiy to reinter society. Then what were his goals when he got out. Than they turned to me and asked do you feel he ready to enter your home. I just answered "Yes, I feel he has done enough time" even though I had all my disputes and the set-up and all the other things I didn't bring it to the table, there focus was the present. And yes Leg has past, 2 years not 4 now on clemency.

crisnclay
10-13-2005, 06:24 PM
they did pass the waiting time for violent offenders from 4 years to 2 years?

jlw
10-15-2005, 03:33 PM
they did pass the waiting time for violent offenders from 4 years to 2 years?

I do not see any where that they have done that, I have gone on the Arkansas Legislative Web site and search to see if it did change and I only see were it changed from 2 years to 4 years but it has not changed from 4 back to 2. I also spoke to some one about this and they have stated to me, "NO you can only file every 4 years." So as far as I know it is still 4 years and they are not looking to change it.