ENOUGH: SET THIS MAN FREE

Petty Criminal's Sentence Should Be Commuted

For Tyrone Brown, it never should have come to this.

Mr. Brown never should have been sentenced to life in prison after
being busted for a $2 armed robbery and a marijuana violation.

He should not have suffered because his family could not afford a
lawyer. It should not have taken a Dallas Morning News investigation
to expose the unequal justice that was meted out when Mr. Brown was
locked up for life while a well-connected man who shot an unarmed
prostitute in the back walked free.

And Mr. Brown should not be relying on Gov. Rick Perry to take the
rare step of commuting his sentence. Unfortunately for Mr. Brown, it
has come to this.

We have urged a second look at this excessive punishment. And Dallas
County District Attorney Bill Hill now is asking the governor to free
Mr. Brown.

Questions remain about sentencing disparity and about how a
small-time criminal can end up serving hard time for life. But for
Mr. Brown, only one question matters: When can he begin his life as a free man?

He has served 16 1/2 years for a robbery that occurred when he was 17
and for testing positive for marijuana once while on probation. Mr.
Hill argues that Mr. Brown has paid his debt for these crimes.

We agree. But three hurdles remain before Mr. Brown could be released.

The Board of Pardons and Paroles must receive one more recommendation
to commute the sentence. Judge Keith Dean, who imposed the life
sentence, reportedly has expressed support for cutting Mr. Brown's
sentence but has declined to initiate the request.

The News' investigation and subsequent flurry of media reports have
brought Judge Dean unwanted attention, and he has refused to discuss
this case. Now, as he prepares to leave the bench after losing his
re-election bid, Judge Dean should take the opportunity to help right
this wrong before leaving the courthouse.

If that happens, the board must recommend commuting the sentence to
the governor. Then, the decision would rest with Mr. Perry.

The governor seldom grants commutations, and that's as it should be.
But Mr. Brown's is the rare case when the executive branch must
overrule the judicial system.

Mr. Brown wrote recently that he's looking forward to "the day I
finally get to hear these iron doors close behind me for the last
time." We hope Mr. Perry will make that happen.