Pardons a tall order for ex-cons in Massachusetts

Mark Wahlberg was photographed during a visit to Boston for the premeire of his film Planet of the Apes in 2001. At left is Charlie Baker, who was then the CEO of Harvard Pilgrim Health Care.

The road to securing a pardon is a steep climb for ex-convicts in Massachusetts. In the first seven years of Governor Deval Patrick’s tenure, only five pardons— out of a total of 326 requests— made it past the the Advisory Board of Pardons, an arm of the Parole Board that reviews each application.

However, the governor did not actually pardon anyone and the board later reversed its favorable recommendations in several instances. No pardons were passed onto Patrick after 2009.

Earlier this year, with Patrick now in his final months as governor, things changed: The advisory board has thus far given favorable recommendations to five pardon petitions out of the 70 requests it has received in 2014, according to Janis DiLoreto Smith, the executive director and general counsel to the Massachusetts Parole Board. The governor has since recommended four people for a pardon.

The Governor’s Council must give its “advice and consent” before a pardon or commutation is granted,” said Smith. “That process is underway.”

But, since Mark Wahlberg did not file his application for a pardon until Nov. 26, the board has not even scheduled a hearing for his review yet.

“We have no specific time frame for Mr. Wahlberg’s petition,” said Smith.“As with any application for a pardon that comes before the Parole Board, Mr. Wahlberg’s request will be considered in accordance with applicable statutes, regulations, and the governor’s Executive Clemency Guidelines.”

The last gubernatorial pardon was given in 2002 by Acting Gov. Jane Swift, who approved seven in all.

The people recommended by Patrick for pardons this year are True-See Allah, 43, who was convicted of armed assault with attempt to murder for his participation in a 1989 shooting - he was not the shooter; and Jeffrey Snyder, 43, who was convicted of two drug offenses in 1995 for bringing marijuana to school when he was a high school student.

Patrick has also recommended a pardon for Guy James Coraccio, who in 1971 was convicted of a non-violent property offense and two motor vehicle offenses. The board, and Patrick, also recommended a pardon for Thomas Schoolcraft, 29, who was convicted of breaking and entering a home on Plum Island in 2004. He was convicted in 2006, and received a suspended sentence. No one was home at the time of the break-in, according to the Parole Board official, and Schoolcraft has since gone back to school, and earned a bachelor’s degree. He is currently studying for a master’s degree in criminal justice at Boston University.

Patrick did not agree with the board’s favorable position on a fifth man, Edem Amet, 42, a Georgia resident who was convicted of three drug offenses while he was a college student in Springfield in 1994 and 1995.

Last month, Governor’s Councillor Robert Jubinville told the State House News Service that pardons have become increasingly rare because of the long-term political consequences for governors — and other leaders— with higher aspirations.

“I think it is clearly a reaction to the Willie Horton issue,” said Jubinville. “I think governors are now a little shy about doing those kinds of things; if it backfires on them they are criticized for it.” Although he did not launch the furlough program, Gov. Michael Dukakis came under fire for the Horton case during his presidential run in 1988.

“It’s too bad because there are a lot of people in prisons who have worked hard to redeem themselves. They shouldn’t all suffer because of the actions of one or two. Each case is different,” Jubinville said.

In Wahlberg’s case, the Parole Board must first conduct an investigation of the petition to determine whether it warrants a public hearing. If it decides to recommend a pardon to the governor, either Deval Patrick, or, more likely, Gov.-elect Charlie Baker, would make a decision whether to proceed and the Governor’s Council would have to approve the pardon.

Patrick has been careful to not take a position in the Wahlberg case to date, emphasizing that his application should go through the normal scrutiny of the board first. Thus far, Baker said he’ll take a “wait and see” approach as well.

“He should go through the process just like everybody else and on the facts of the case, if it’s up to me to make a decision, I’ll make it at the time,” Baker said on Tuesday.

A State House News Service report contributed to this report.

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