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News (Media Awareness Project) - US NY: Pataki Grants Clemency To Four in Prison
Title:US NY: Pataki Grants Clemency To Four in Prison
Published On:2002-12-25
Source:New York Times (NY)
Fetched On:2008-01-21 16:18:47
PATAKI GRANTS CLEMENCY TO FOUR IN PRISON

For the second time in the state's history, Gov. George E. Pataki has
granted clemency to a woman convicted of killing a man she said had
terrorized and battered her.

The decision was one of four clemency orders announced yesterday by Mr.
Pataki, and it excited advocates for battered women, some of whom see the
woman, Linda White, as an emblem of their campaign.

In his Christmas Eve announcement, the governor noted that a Queens jury
had rejected Ms. White's battered-woman defense at her trial in 1990.
"However," he said, "the extraordinary powers of clemency allow me to
exercise compassion and recognize not only that domestic violence was a
factor in this case, but that Linda White has demonstrated a true
commitment to rebuilding her life through her exemplary prison record."

Ms. White has been serving her sentence of 17 years to life at the Bedford
Hills Correctional Facility. Through her lawyer, she thanked her supporters
and the governor. "I will never disappoint him," she said, "and I will
never do anything against the law, not even jaywalk."

In 1996, Mr. Pataki drew attention to similar cases by granting clemency to
another woman, Charline Brundidge, who had been convicted of murder despite
her statements that she had been battered. Some supporters of Ms. White and
women in similar cases had expressed disappointment that Mr. Pataki had not
granted clemency in other such cases in the six years since.

In addition to Ms. White, 55, Mr. Pataki granted clemency yesterday to
three men serving long prison terms for offenses under the stern
Rockefeller-era drug laws that mandate long sentences for some relatively
low-level drug crimes. He said each had excelled in educational or
volunteer programs while in prison and qualified for a second chance.

Since 1995, and including the four inmates named yesterday, Mr. Pataki has
commuted the sentences of 30 people. The four have not yet been released.
Their cases are to be reviewed by the State Parole Board, which is expected
to release them next month. A spokeswoman for the governor said that
hundreds of clemency applications had been reviewed this year.

Ms. White's case attracted widespread attention among groups that say the
courts have not adapted quickly enough as understanding increases about the
ordeal of battered women.

"Granting clemency to Linda White is a milestone in our effort to educate
the public about the importance of recognizing the scourge of domestic
violence," said Laurel W. Eisner, executive director of Sanctuary for
Families, a New York group that provides services to battered women and
their children.

Ms. White's trial in 1990 attracted little attention as she described a
harrowing relationship with John Strouble, a 32-year-old drug abuser. She
told jurors about beatings, death threats and jealous rages fueled by his
drug abuse.

But in the years since, with supporters working on her behalf, her case has
gained momentum. In recent months, Ms. White's appeal lawyer, Sara Bennett
of the Legal Aid Society, accelerated that campaign by meeting with
officials and aides to the governor. After a meeting with her, the Queens
trial judge, Seymour Rotker, who had opposed Ms. White's previous clemency
application two years ago, changed his mind.

Yesterday, Ms. Bennett, who has represented Ms. White for 12 years, said
she and her client were overwhelmed. "She's completely ecstatic," Ms.
Bennett said. "It was just palpable. She called me and she shouted, `Sara,
I got it!' "

The cases of the three drug offenders whose sentences were commuted were
more typical of those chosen in the past by Mr. Pataki, who has often used
his clemency power to signal his unease with the Rockefeller-era drug laws.

Victor Vaughn, 39, a longtime drug abuser from Brooklyn who was sentenced
in 1990 to 15 years to life, has said he wants to be a substance-abuse
counselor when released.

Eric Marsh, 46, who was sentenced in Nassau County in 1992, made the dean's
list while earning a college degree as he served his sentence of 15 years
to life.

Ernesto Melendez, 48, who was sentenced to 20 years to life in Manhattan in
1989, earned not only a college degree while behind bars, but also a
master's degree from the New York Theological Seminary.

With its spotlight on redemption, the clemency process focuses on
prisoners. But sometimes, as was the case yesterday, people affected by
some of those inmates' crimes say they feel forgotten. Their sentiments
show the complexities behind the annual Christmas clemency ritual.

Elizabeth Cruz, a Brooklyn woman who had a daughter with the man Linda
White shot to death and who refers to herself as Mr. Strouble's widow, said
she was saddened by Mr. Pataki's decision. The governor, she said,
disregarded the letters she wrote each year opposing Ms. White's release.

"I don't know why he did this," she said. "I know he's done me and my
daughter a great injustice."
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