DRUG-CONVICTION PARDONS INCREASING

Percentage of state drug pardons has gone up since Gov. Gary Johnson's
opinions on the war against drugs went public

Gov. Gary Johnson -- nationally known for his criticism of laws that
make criminals out of drug users -- increasingly is using his
pardoning power for those with drug convictions.

The vast majority of people who have drug convictions on their records
have not received pardons. And Johnson has pardoned only those who
have served all their time for their convictions.

But of the 86 people the governor has pardoned since the beginning of
his administration, 32 are for those with drug convictions. That's
more than a third of the total.

And the percentage of drug pardons has gone up since the middle of
1999, when Johnson went public with his opinions on the war against
drugs.

Since that time, just over half -- 16 out of 30 -- of the people
Johnson has pardoned were convicted of drug offenses.

Since the beginning of the year, five of the eight gubernatorial
pardons have involved drug cases.

People with past drug convictions pardoned this year include Darrell
Johnson of Roswell, who was convicted in 1981 of marijuana
distribution and conspiracy; Joyce Holland-Kauffman of Ribera,
convicted in 1985 of cocaine possession; Carmen Guillen-Trujillo of
Artesia, convicted of cocaine possession; Abraham Franco Juarez of
Hobbs, convicted of trafficking cocaine; Edward King of Hobbs,
convicted of marijuana distribution.

Nondrug offenders pardoned this year are Ronald Nasci of Albuquerque,
convicted of armed robbery and conspiracy; Jose Prieto (hometown not
listed), who was convicted of auto burglary and larceny; and Marck
Smith, now living in Alaska, convicted of fraud.

Drug offenders Johnson has pardoned in past years range from Thomas J.
Tucker, pardoned last year for a heroin-trafficking conviction to
marijuana-possession cases that involved no prison time.

Drug offenses are not as likely to be pardoned in some other
states.

In Oklahoma -- where the governor can only pardon those recommended by
the state parole board -- about 20 percent of people receiving pardons
under Republican Gov. Frank Keating were convicted of drug offenses, a
Keating spokesman said Friday.

According to a an August 2000 article in the Honolulu Advertiser, only
14 of the 84 pardons by Hawaii Gov. Ben Cayetano were drug offenders.
Like Johnson, Cayetano, a Democrat, took office in 1995.

In New Mexico, the state constitution gives the governor the right to
pardon anyone convicted of any state law -- except in cases of treason
or officials who are being impeached.

No form of executive clemency allows a pardoned felon's arrest records
or other records of the case to be expunged.

Only a fraction of convicted New Mexico felons apply for pardons, and
only a fraction of those requests are eventually granted. In 2000,
there were only 249 requests for pardons. Johnson granted 13 that year.

Katharine Huffman, director of the state office of The Lindesmith
Center Drug Policy Foundation, said her group -- which has been at the
forefront of advocating drug-law changes in New Mexico -- has not
focused on pardons for those with drug convictions.

"But that is something we certainly are sympathetic with," Huffman
said. "It is good for people for whom drug-law reform is too late."

The governor's office has established guidelines "to provide direction
for the Parole Board and Corrections Department in determining
eligibility and making recommendations to the governor."

Among those guidelines:

Only those who have completed their sentences, including parole or
probation, are considered for pardons.

An applicant must be arrest-free for several years following release
from supervision. For someone convicted of a fourth-degree felony,
that time is at least five years after a satisfactory discharge. The
time goes up to six years for a third-degree felony, seven years for
second-degree felony and eight years for first-degree felony. An
unsatisfactory discharge adds two years to those various times.

The applicant must be self-supporting. Employment history is
considered.

Gerges Scott, who conducts these investigations for Corrections
Secretary Rob Perry, said the behavior of the pardon applicant while
in prison is considered for the Corrections Department
recommendation.

Scott said that normally pardon requests for people who have been
under out-of-state supervision for less than 10 years are not considered.

"Sometimes we get requests from people who have only been out for a
couple of years," Scott said. "We like to see how they have done for
several years."

Indeed, sometimes the pardon applicant waits years before the request
becomes a reality. Darrell Johnson, who was pardoned last month on his
1981 marijuana-distribution conviction, said he had applied to every
New Mexico governor since Toney Anaya.

According to the guidelines, "Ordinarily, pardon requests for
misdemeanors, DWIs, multiple felony convictions, sexual offenses,
violent offenses or physical abuse involving minor children will not
be granted."

Johnson's list of pardons, however, shows exceptions to some of these
guidelines.

One man who was convicted more than 20 years ago for armed robbery,
kidnapping and assault was pardoned in 1995. A woman was pardoned that
year for aggravated battery with a firearm. One man was pardoned in
1997 for an incest conviction.

The governor has the power to pardon those still in
prison.

But, according to the guidelines, such requests will only be
considered "in cases of wrongful conviction, only after all appeals
have been exhausted and when new facts have been presented which so
clearly attest to wrongful convictions as to be uncontested by
prosecuting attorneys involved in the original action."