In defense of pardons: It may be the only way to free an innocent person

Why does the pardon power exist? Why should a chief executive be able to free convicted murderers and drug traffickers, as Governor Bevin did in the final hours of his administration? Are pardons a “travesty of justice,” as some have claimed?

The power of a governor or a president to pardon a person convicted of a crime is older than the Commonwealth itself and serves a valuable function in the justice system. Governor Bevin’s actions, while admittedly controversial, demonstrate why the power is essential.

First and foremost, a pardon is often the only way to free an innocent person. This may sound incredible, but it’s true. Once a person is convicted of a crime, they likely will never again have the opportunity to argue their innocence in court. Appeals and post-conviction challenges are not decided based on guilt or innocence. The U.S. Supreme Court has said that “actual innocence” is not a valid claim to reverse a conviction.

Many of Gov. Bevin’s pardons, including that of “convicted killer” Delmar Partin, were based on the Governor’s belief that an innocent person was in prison. Since Mr. Partin’s pardon, the original prosecutor has expressed outrage, saying that Partin is absolutely guilty. Others, who know nothing about the evidence in the case, are also horrified that Gov. Bevin has freed a “murderer.”

But what if Mr. Partin is innocent, as many believe? While the release of a possibly guilty killer after 25 years in prison may be disturbing to those who believe Mr. Partin is guilty, we should also be concerned that we have imprisoned a possibly innocent man for 25 years? Before rushing to judgment, consider this: Of the hundreds, perhaps thousands, of cases in which a convicted person in prison has been proven innocent and exonerated, every one of those cases had a guilty verdict and a prosecutor who truly believed that verdict was right. If Governor Bevin was convinced of an inmate’s innocence and he alone had the power to correct that injustice, his pardon was the right action, even if not everyone agrees with his belief.

Beyond cases of innocence, a pardon is also appropriate when a conviction, sentence, or continued imprisonment is unjust, unreasonable, or not sound public policy. At a time when Kentucky’s prison population is the highest ever, Governor Bevin made the prudent decision to reduce the sentences of hundreds of non-violent inmates serving time only for drug possession. In another case, he reduced the sentence of an intellectually disabled man with no prior record who had been sentenced to eight years for two non-violent thefts where the stolen property was immediately recovered. In the Gregory Wilson case, he changed a death sentence to a life sentence in recognition of Wilson’s badly flawed trial more than 30 years ago. The pardon power is the only tool to produce these sensible results and it is appropriately vested in the Governor.

Finally, gubernatorial pardons are a way to recognize the power of redemption and second chances, which Governor Bevin frequently endorsed. Aside from the uproar over a handful of cases, scores of Kentuckians are now quietly benefiting from non-controversial pardons of long-ago convictions. My friend Amanda was one of these recipients. In the depths of addiction, she made decisions that have haunted her every day since. Even years after finishing her sentence, battling addiction, and victoriously emerging to be an inspiration to women trapped on the same path, she still faced the shame and embarrassment of her criminal record. Governor Bevin’s pardon was validation that she is more than the worst moments of her life and that she has a future of hope, not shame.

While disagreement with specific decisions is understandable, the inherent power of the Governor to pardon is unquestionably a benefit to the Commonwealth. Many deserving people were helped by Governor Bevin’s pardons. Changing or limiting the pardon power based on a few controversial cases would be step in the wrong direction for Kentucky.

Damon Preston is the Public Advocate and leads the Commonwealth’s Department of Public Advocacy, the statewide public defender system.