SPITZER COULD RECOUP WITH AN ACT OF COMPASSION

Gov. Eliot L. Spitzer's approval rating is at an all-time low of 36
percent, according to a survey by the Siena College Research
Institute. This is a far cry from his 69 percent approval rating when
he took office. The survey polled about 1,000 voters in December, of
which 47 percent said the governor should become a "kinder, gentler
governor." But 41 percent of Republicans said they doubt whether the
transformation can be made.

The question I pose is: "How can Spitzer counter his downward spiral
and start winning back the voters of New York State?" One answer is
to show the citizens of New York that, despite the negativity
generated from the trials and tribulations of his governorship, he is
still an individual who shows compassion for others. Compassion, a
virtue found in many great leaders, is said to be not sentiment but
the act of making justice through works of mercy.

This holiday season, I recommend that Spitzer go on a personal rescue
mission and grant executive clemency to the large number of
Rockefeller Drug Law prisoners who have fully rehabilitated
themselves and already have served large amounts of time behind bars
under the draconian provisions of mandatory minimum sentencing.

In granting a record number of clemencies, Spitzer would be following
in the wake of recent trends that favor reducing racial disparities
precipitated by the War on Drugs. Earlier this month, the Supreme
Court returned to judges their discretion over following the rigid
structure of federal sentencing guidelines in drug cases, and the
U.S. Sentencing Commission created changes in crack cocaine
sentencing that would retroactively set free 20,000 prisoners.

Traditionally, at Christmas time New York's governor grants executive
clemency to a number of individuals. Former Republican Gov. George E.
Pataki granted 32 in his career, with 28 of them being Rockefeller
Drug Law prisoners (point of disclosure: I was one of them). Gov.
Mario Cuomo granted 33 and Gov. Hugh Carey gave out 155.

If granted clemency, a prisoner immediately becomes eligible for
parole. Although parole is not guaranteed, the New York State Parole
Board has released the majority of prisoners whose sentences were commuted.

Today there are almost 14,000 individuals imprisoned under the
Rockefeller Drug Laws; 90 percent of them are black and Latino.
Despite two minor reforms in 2004 and 2005, a welcomed first step,
the majority of Rockefeller prisoners were not touched by the
changes. For many who have fallen through the cracks, their only hope
to regain their freedom is through the act of executive clemency.

There will be many families praying this holiday season that Spitzer
shows his compassion for those who have taken it upon themselves to
improve their lives and are ready to re-enter society as productive citizens.