The Oklahoma Pardon and Parole Board will vote next month on proposed rule changes that would add eligibility requirements for prisoners seeking to argue their sentence is excessive or unjust.
The rules, created in response to a May 2022 Oklahoma County Grand Jury report critical of the state’s commutation processes, would require state prisoners to meet the following criteria to file a commutation application with the Pardon and Parole Board:
- The sentencing range for one or more of a prisoner’s current offenses has statutorily changed.
- The prisoner does not have a projected release date and has served at least 30 years.
- The prisoner has received a favorable recommendation from a trial official, such as a district attorney or judge.
- The prisoner has received a favorable recommendation from the governor.
The board may vote to adopt the rules as proposed, vote on a modified version of the rules changes or table the proposal altogether. The board is scheduled to meet Feb. 5-7 at the Oklahoma Health Care Authority building in Oklahoma City.
More than two dozen speakers, all opposed to the proposed rule changes, addressed the board during a public comment period on Monday.
Here’s a sampling of what commenters had to say. Statements were edited for length and clarity:
Kara Chapman, commutation recipient: “I was given a year of life that I wouldn’t have otherwise. That may not seem like a lot, but when you have four small children, a year counts. I got to spend Christmas with my children, I saw my oldest turn 13. Since I’ve been released I’ve found a full-time job and become a volunteer in the Heather’s Hope program. If these rules had been in place earlier I would not have been released. I come to you not with legal expertise or not with a lot of knowledge, but as a human being who has been affected by commutation. I am someone who can serve as an example of positive change. Thank you for your work and please remember the humans affected by these cases.”
William “Trey” Livingston III, commutation recipient: There are a lot of people in this room that are sitting in the same seat I am. If these rules were passed years ago, I would not have been eligible to be here and to be doing the work I am doing. To be with my family and to do the things I’m doing in the community to give back for my actions when I was younger. My case was one where my sentence was not statutorily excessive, but the board could see I’d do better outside. I’d ask this board to see people for more than their crime and more than their worst mistake. There are so many good people in there. I have so many friends who are still behind those fences that deserve a chance. A sentence may be legal, but it’s still like the Wild West in many ways in those courtrooms. And you all have the power to look in those courtrooms and see the individuals who are doing the right thing.”
Aaron Cosar, commutation recipient: “When I think about the commutation process, I would not want your job. But I do believe there are men and women throughout the Department of Corrections who are so grateful to have a second chance. Because of commutation I’ve been given that privilege to be a good, tax-paying citizen. I now work inside a prison as a program manager and I get the opportunity to work with men who are struggling with violence. I pray that you will look at these considerations and remember that there are a great number of people who committed crimes, are guilty, but would love the opportunity for a second chance.”
Kris Steele, former House speaker and criminal justice reform advocate: “When a person feels they’ve been treated unfairly in a court of law, we should immediately look into it. These cases should be looked at post haste. I think the premise of these proposed rule changes is well-intentioned. But if you feel you don’t have enough time to screen cases, there are remedies. Please maintain your responsibility, maintain accountability and perpetuate hope by allowing people to seek relief for excessive and unfair sentences.”
Lisa Brown, mother of a state prisoner serving life without the possibility of parole: “I feel like 30 years to be eligible for commutation is excessive, but also to have an exceptional institutional record, that should be reviewed on a case-by-case basis so it’s not eliminating everybody. Thirty years is a long time. My son was 23 when he was convicted. I don’t want it to be 53 until he’s eligible. He’s a good kid and I don’t want him to have to wait that long.”
T. Sheri Dickerson, executive director of Black Lives Matter Oklahoma City: “Mercy and compassion must be part of this process. The rules proposed remove those things. I say that as the mother of a son whose life was taken by an 18-year-old man who is currently serving a triple life sentence. As the daughter of a man whose life was taken in 1996. As the sister of a brother who was murdered. It is just, it is fair, and it should be considered. Please have mercy.”
Francetta Mays, Tulsa NAACP Chapter President and pastor of the Vernon AME Church: “When you start putting people in a position to lose hope, and that’s what I believe this is, you are adding gasoline to the fire that’s already burning. We all have made bad decisions and have made mistakes. How many times do we reflect on one sin we made? We have to improve the process by listening to the people, and the people are the ones who are incarcerated.”
Glynn Simmons, wrongfully convicted man who spent 48 years in Oklahoma prisons: “I would like to suggest this board have kind of oversight for people who have a claim of actual innocence, instead of those who are guilty. Everything is geared towards the guilty man. I’ve done time with men who plead guilty to all kinds of heinous crimes and they appeared before you, and they were granted parole. And they came back to prison within six to eighteen months. The prosecuting attorney sent letters alluding to my innocence, and the victim’s family sent letters alluding to my innocence.”
Colleen McCarty, executive director of the Oklahoma Appleseed Center for Law and Justice: “Wrongful convictions and prosecutorial misconduct continue to plague Oklahoma’s courts. Limiting the rules in this way ensures that those who received an unjust or excessive sentence will be the least likely to gain relief.”
Keaton Ross covers democracy and criminal justice for Oklahoma Watch. Contact him at (405) 831-9753 or Kross@Oklahomawatch.org. Follow him on Twitter at @_KeatonRoss.
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