Gov. Jared Polis on Dec. 23 announced clemency for 22 individuals. Including four commutations and eighteen pardons, the clemencies ranged from marijuana convictions over a decade old to the parents of the “balloon boy.”
“These individuals have taken responsibility for their past actions, paid a price to society, and demonstrated the ability to turn themselves around and live responsibly,” said Polis in a statement.
Polis said that pardons and commutations allow for people to have a “second chance.” For those granted commutations of sentence by Polis, their paroles begin on Jan. 15.
Polis wrote a letter to each individual explaining the rareness of their specific legal forgiveness and highlighting instances of why they were selected and noted whether they received a commutation of sentence or a pardon.
ANTHONY MARTINEZ
Polis pointed to one specific case in his press release, the clemency of Anthony Martinez. Martinez, now 84, is wheelchair bound and suffering from dementia.
He was convicted in 1989 on a charge of second-degree burglary, habitual criminal, which excluded the possibility of parole. He received a sentence of five years for second-degree assault in 1993.
Martinez’s estimated date of parole was in 2024, according to the executive order. As of his clemency, Martinez had served 31 years of his life sentence without parole.
“You express remorse for your actions and credit statements you read from your past victims with your new way of thinking about your past and your future,” Polis wrote.
In Martinez’s grant of clemency, the parole board, while setting the terms of his parole, permitted Martinez to serve his parole period in Pennsylvania “if approved” under the Interstate Compact for Adult Offender Supervision between the Colorado and Pennsylvania departments of corrections.
Polis said Martinez’s case highlights the need of “reforming the state’s special needs parole process for him and others like him,” and that he was using his powers as governor “as a last recourse to allow him to live his final years with his niece in Pennsylvania.”
‘BALLOON BOY’ HOAXERS PARDONED
In October 2009, Richard and Mayumi Heene garnered national infamy when they alerted media and authorities that their son Falcon was aboard a homemade balloon-esque aircraft drifting away from their home in Ft. Collins. Later, the boy was found in the family garage and investigators alleged that the whole situation was a hoax created by the Heenes to possibly get a reality TV show. The incident has also been referred to as a hoax by media.
Both the Heenes became regular faces on TV, but not in the way they hoped. They both served small sentences for their involvement in the incident.
Mayumi Heene was pardoned for her 2009 conviction of falsely reporting an alarm to authorities in Larimer County. She completed her sentence and pled guilty.
In the letter to Heene, Polis noted that Heene had said she regretted her actions.
“You and your husband were involved in a very high-profile incident that garnered attention across Colorado and across the country,” Polis wrote. “I believe you and I trust that the legal and social consequences you have suffered in the intervening years will prevent you from ever repeating your past mistakes.”
Richard Heene was pardoned for his 2009 conviction of attempt to influence a public servant. He completed his sentence and pled guilty.
Pardons for Drug Crimes
In addition to pardons with special circumstances, Polis also pardoned several individuals who had received lengthy sentences for non-violent drug crimes.
William Goble was granted a commutation of sentence for his 1996 sentencing for 96 years for manufacture or sale of controlled substance, possession or sale of a controlled substance and possession of paraphernalia. His estimated parole eligibility date was in 2037, and the constitutional and statutory conditions for granting clemency were satisfied.
As of Dec. 23, Goble had served over 24 years of the 96-year sentence. At the time of his crime, he was 31, and received the lengthy sentence because a habitual offender modifier for his drug-related crimes.
In his time served, he became an offender care aide III, underwent mental health training, received excellent ratings and was known to go above and beyond in his work.“You have shown that rehabilitation is possible and demonstrate how every offender can use their time in the Department of Corrections,” Polis wrote in his letter to Goble. “This commutation will change your future. It is up to you to make the most of this opportunity.”
Frederick Harris was granted a commutation of sentence for his 2000 sentencing for 96 years for distribution of a Schedule II controlled substance. At the time of Polis’ letter, Harris had served two decades of his 96-year sentence. In his time at the garment factory of the DOC he proved to be a “good and dependable employee.” He recently focused his efforts on creating masks for his fellow inmates and staff and took advantage of educational courses, mental health and anger courses and a janitorial skills program.
Polis pardoned Adrian Acosta for his 2005 conviction for possession of eight ounces of marijuana in Pueblo County.
Darrel Carson was pardoned for his 1992 conviction of distribution of a Schedule I controlled substance. He pled guilty and completed his sentence. Polis noted in his letter that Carson has earned multiple degrees in political science, business and psychology and built a family. Polis said he hoped the pardon will help him achieve his family’s dream of living and working abroad.
Chad Larsen was pardoned for his 2003 marijuana distribution charge. He pled guilty and completed his sentence terms. Polis noted in his letter to Larsen that he graduated from college, worked as a paralegal and father. Polis hoped the pardon would allow Larsen to gain security clearance to work in the government contracts field.
Michael Nielsen was pardoned for his 2008 conviction of attempted possession of over 1 gram of a Schedule II substance. He pled guilty and completed his sentence. Nielsen is a father, homeowner, hasn’t been unemployed since 2000, and attended workshop programs, according to the letter from Polis. Polis noted that Nielsen admitted his drug addiction and overcame it and hoped that Nielsen will now be able to go enjoy hunting with family.
Tracy Tomky was pardoned for her 2002 convictions of manufacture and possession of a Schedule II controlled substance completed the terms of her sentence and pled guilty. Sober for over 17 years, married and a business starter, Polis noted that Tomky has become a “vital part of the Morgan County community.” He hoped that the pardon would allow her to attend the police academy.
Other Pardons
Polis also pardoned 12 other inmates who had been convicted of crimes ranging from burglary to white collar crimes.
Frederic Dryer was granted a commutation of sentence for his 100-plus-year sentence for violating COCCA with a pattern of racketeering, security fraud, theft, conspiracy. Dryer was resentenced in 2015 for 84 years, and the estimated parole eligibility date was in 2046. The constitutional and statutory conditions for granting clemency were satisfied.
Dryer was sentenced for “one of the longest sentences for a white-collar crime in the history of the state,” according to Polis’s letter to Dryer. Dryer has worked as an Adult Basic Education instructor while in prison, volunteered to be part of a pre-release class for departing convicts and never had a COPD conviction or report made in prison.
The remaining pardon grants noted the offenders’ guilty pleas as well as their efforts to complete work and education programs and their work serving others after returning to the community.
— Avery Martinez