Commutation plea carries a political risk for Patrick

Commutation plea carries a political risk for Patrick
Killer's request OK'd by Parole Board
By Shelley Murphy, Globe Staff


NORFOLK - Arnold King's supporters say he is the model prisoner.
In 36 years behind bars, he has earned undergraduate and master's degrees, published articles, mentored fellow inmates, and counseled high school students about the pitfalls of drugs and violence.

But it was the reason he ended up in prison that will forever define his life. On Oct. 20, 1971, King, then 18 years old and high on marijuana and alcohol, stuck a gun in a car window on Newbury Street and fired a shot into the head of John Labanara, a 26-year-old campaign aide to Mayor Kevin H. White of Boston. King was convicted of first-degree murder eight months later and sentenced to life in prison without parole.

Now, after two-thirds of his life behind bars, King is asking for a second chance. He is the first inmate whose plea to be set free has made it to the desk of Governor Deval Patrick, and his attempt has met with the unanimous approval of the state Parole Board.

His request for a commutation - a reduction in sentence - along with the Parole Board's support, marks the first test of whether Patrick's attitude toward prisoners will be different from that of his Republican predecessors, who last commuted a sentence 11 years ago. It also forces the governor to wade into what has been a political minefield.

"In this society, everybody gets a second chance," said King, 55, in a recent interview in a bare conference room at the Bay State Correctional Center, a medium security prison.

"I think what I want people to understand is there is a possibility for change," King said. "I want to portray myself not as a teenage killer, but as a person who has done a lot of work and tried to make myself a better person. I think I have done that, and other people think I've done that."

King's supporters include the Massachusetts Black Legislative Caucus, academics, ministers, and community leaders, among them Harvard Law School professor Charles J. Ogletree Jr., Boston City Councilor Chuck Turner, and former Boston mayoral candidate Mel King. But Labanara's family, Police Commissioner Edward F. Davis, and Suffolk District Attorney Daniel F. Conley oppose King's release.

Labanara, a graduate of Boston University and Suffolk Law School, had just passed the Massachusetts bar exam and was coming from a celebration with friends when King shot and killed him during an attempted robbery.

"He snuffed out a life that was full of promise and hope for no reason whatsoever," said Stephen Bowen III, a close friend of Labanara's who worked with him on political campaigns. "For all those people who have sympathetic ears to Arnold King, let them have one of their children killed on the happiest day of their life and call me and tell me they forgive."

The state's six-member Advisory Board of Pardons, which is also the Parole Board, cited King's "exceptional strides" and sent his commutation petition to Patrick's desk Dec. 18 with a unanimous recommendation that he accept it. The governor's approval would move it to the Governor's Council for a final decision.

As the governor addresses the issue, the specter of Benjamin LaGuer looms large. LaGuer is a convicted rapist whom Patrick and many other community leaders rallied behind until DNA tests linked him to the crime. Patrick's actions - he donated money to LaGuer's defense - proved a controversial issue during the 2006 gubernatorial campaign.

Since then, Patrick has cautiously approached criminal justice issues, emphasizing his belief in rehabilitation, while not wanting to appear soft on crime. He declined through a spokesman to talk about his views on commutations and pardons. A statement released by his press secretary said: "The Governor is inclined to believe that offenders should serve their sentences in full. There is, however, a process in place where it is the responsibility of the Board of Pardons to review individual cases and make recommendations. The Governor will take advice from the Board under advisement and will make his own decision on a case by case basis."

Commutations and pardons are politically risky, and politicians over the last 20 years have been generally unwilling to grant any leniency for inmates, according to Mary Anne Marsh, a Democratic strategist.

"It seems that in politics today it's not a risk worth taking because of the potential backlash that can happen," said Marsh, citing the oft-referenced 1988 presidential campaign of former governor Michael S. Dukakis. "Whether you stay in office or run for higher office, it certainly will come up again."

Dukakis was lambasted for granting 48 commutations during his first term as governor, including 45 for first- and second-degree murderers. He was also criticized for a state furlough program that allowed inmates to go home for weekends. One inmate, Willie Horton, raped a Maryland woman and stabbed her husband during a 1986 furlough.

During his presidential bid, Mitt Romney, Patrick's Republican predecessor as governor, touted the fact that he had granted no commutations or pardons. Political rivals accused Romney of being inflexible for refusing to pardon a decorated Iraqi war veteran who could not become a police officer because he grazed a classmate with a BB gun when he was 13 years old.

The last commutation in Massachusetts was granted to Joseph Salvati in 1997, amid evidence he had been wrongly convicted of a 1965 murder. His conviction was later overturned.

Since Patrick took office last year, the number of commutation and pardon petitions has spiked, with 131 filed in 2007, compared with 49 during Romney's last year in office. King's commutation request and two pardon petitions were the only ones approved by the advisory board and forwarded to Patrick.

King, whose five prior commutation requests were denied, said he is sorry for killing Labanara.

Three days after he had been paroled from a New Hampshire prison after serving seven months for robbery, King and a friend were planning to rob a drug dealer when they came upon Labanara at 1:30 a.m., King said.

"I was young, on drugs and alcohol, it was more that I was out of control," said King, a high school dropout who was raised in Portsmouth, N.H., and started drinking and doing drugs by the time he was 13.

John Labanara grew up in Belmont, and played hockey at Belmont High and at Boston University. He served in the National Guard.

His mother, Margaret, who was widowed when Labanara was 2 and worked full time as a telephone company supervisor to raise her two sons, was devastated when her son died on what had been one of the happiest days of his life, said Lynne Labanara, widow of Labanara's brother, Frederick, who died in 2006.

"How lucky he is to have the opportunity to do all the things he is doing - and I strongly feel that he should continue to do that in prison," she said.

Labanara's family and friends also voiced concern about the more than 50 disciplinary reports King has received in prison.

"I don't believe he's been rehabilitated one bit," said Bowen, Labanara's friend. "He's just a conman who is . . . trying to get out on the street."

The advisory board denied King's first three petitions, citing his disciplinary record, the nature of the crime, and his failure to accept responsibility for the murder. But, the board voted 3-3 on his fourth petition, and 4-3 in favor of his fifth bid, which was then rejected by Romney.

King said he had difficulty adjusting to prison initially, but changed after getting educated, joining self-help groups, and founding programs that involve counseling high school students and other inmates. It is that kind of counseling work that supporters say is not only proof of his reform, but would make him a valuable resource in the community.

Sam Williams, chief operating officer of the Unitarian Universalist Urban Ministry in Roxbury, says he owes much of his success to King. "There are a lot of men in the community who are doing as well as I am who got taught and were mentored by Arnie," said Williams, who was released from prison in 1996 after serving 11 years for killing a man during a drug deal.

Ogletree, among King's most prominent supporters, said he understands the pain of being a victim because his sister, a police officer, was murdered 25 years ago.

"The fact that he could fall and go all the way to the lowest possible place and have the fortitude to rise above his misconduct and bad judgment to be someone that others look to for advice, for direction, that's why I think he has earned what I hope the governor will grant," Ogletree said.

Please write a letter in support of Arnold King

Please send a letter to Governor Deval Patrick in support of Arnold's commutation

Peace People, here are some points that we discussed at the community meeting at Mel King’s on Sunday (2/4), including some points from the legal team.

We would like you to write a letter in support of Arnold to Governor Deval Patrick asking him to approve Arnold's petition for commutation and forward Arnold's package to the Governor's Council for consideration.

Please address the letter to:

Governor Deval Patrick, Massachusetts State House, Room 360, Boston, MA 02133

Please incorporate into your unique letter as many of the following points as possible:

(1)

· People who write support letters to the Governor should state how long they’ve known Arnie.
· Optional…say something about how you met
· If you have, say how many parole hearings you’ve attended.

(2)

· People might want to mention that you’re aware of the Governor’s creation of an Anti-Crime Council.
· Of the Governor's direct participation in council meetings.
· Maybe mention some of the things that prompted him to establish the council, and its mission.
· Looking at Arnie’s documented record over the pass 30 years particularly in,
· Education,- Programs-participated in and created-
· Youth councilling
· Arnie, could be appropriate candidate for his muti-faceted Anti-crime council.
· Can quote MA advisory board statement about Arnie, “may very well prevent future crime by his outreach work in the community” or any other quote you feel is relevant.

(3)

· Para phase: we are also aware from your guidelines that you recognize the people with the greatest expertise to make an informed judgement on commutation petitions are the members of the parole board.
· That the advisory board has scrutinized Arnie for over twenty years.
· That after four hearings, 1992-2002-2004-2007
· Attendance at the hearings rose respectively from, 45, 75, 130, ~150. Couldn’t count the 2007 hearing since the parole room was filled, the over flow room was filled, the lobby, and hallways. They started telling people as they drove in, there was no more room.
· Arnold's self-development, self-improvement, exceptional strides…
· Arnold's unanimous recommendation for commutation and release.

(4)

Final point that the majority of the parole board was appointed by Republican Gov.s, Deval Patrick has only appointed two people of the six…so, they can not say that he is soft on crime if he signs it…He is simple following the process that was set up long before him.

Please write this letter of support as soon as possible and send a copy to Arnold (Bay State Center, P.O. Box 73, Norfolk, MA 02056) and Marva (1511 Athens Road, Wilmington, DE 19803).

Thank you for continuing to support our brother.

Peace and Love,


Kazi Toure and the rest of the King Family

Editor's Note: You may wish to review the Governor's Clemency Guidelines.

King Update

From: Arnie King
Sent: Friday, December 28, 2007 9:30 AM
Subject: Hope in 2008 !!!

Warm greetings!

As we celebrate the holidays and the New Year, we are reminded of the principles of Kwanzaa. The first day of Kwanzaa is Umoja, which stresses the importance of unity. This project’s strength is a direct result of the unity of everyone involved who has contributed by writing letters, attending Sunday brunches at Mel’s, circulating and signing petitions, presenting at and attending public hearings, soliciting additional supporters, and offering prayers and expressing positive vibes. There is no question that all of these efforts combined resulted in the current status and success of Arnie’s petition for commutation of sentence.

We thank you for the wonderful contribution and ultimately your presence in this project. We could never have done this without you. The journey has been long and intense and we appreciate your resilience to staying the course. It is clear we have God and the spirits of our ancestors with us as we struggle against the odds.

The petition currently awaits the Governor’s signature and then a public hearing will be scheduled with the Governor’s Council. It will be great to see you and others at the State House for this hearing. We will keep you posted on the details as they become known to us.

Meanwhile, transcripts of the October 25th hearing and the Board opinions are now available to read and download from the website here: http://www.arnoldking2007.org/post-hearing.html

We wish all of you a joyous holiday season and a New Year of good health and great happiness.

One Love,

The Arnold King Commutation Working Group

Unanimous Vote for Arnie King!

From: Arnie King
Sent: Friday, December 21, 2007 7:41 AM
Subject: FABULOUS NEWS FROM ARNIE'S LAWYER

Hey folks!!

I just got a call from Maureen Walsh informing me that the board has voted unanimously to recommend commutation of Arnie’s sentence to Governor Patrick!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Soffiyah

Report on Arnie King's Commutation Hearing

Hello All,

The meeting began at 10:25 am. It started with the opening statements by Ed Berkin, Attorney and Arnie King, Petitioner.

Maureen Walsh, Chairperson, began the questioning and questions from other board members followed. The questions allowed for thoughtful, reflective responses from Arnie. He was eloquent with his answers and his sincerity was felt by all in the room. The board members were positive in their comments and there was a justifiable, hopeful spirit in the room.

Some of the comments made since the hearing:

"I believe this hearing was blessed by God." (Marva)

"Arnie spoke with tremendous dignity..." (Fran)

"My job is to work with boards....and we try to read where a board is coming from. There wasn't a discouraging word that gave me reason for concern." (Glenn)

"...my impression was that the parole board was very positive about all the work and effort Arnie has put into his activism over the years." (Laura)

"Arnie's commitment to ending violence among young people came through so powerfully...The board seemed to really understand the importance of Arnie's work in the world. That came through in many ways." (Becky)

"I was impressed by Arnie's eloquence in speaking to a situation which is heart rendering not only for him but for his family, the family of the victim, and all involved at any level." (Chuck)

There were over 150 people in attendance and unfortunately they could not all be in the main room that held only 60. The remainder of supporters were in the overflow room which provided a video screen of the proceedings.

After the board finished questioning Arnie, the floor was opened for the following preselected speakers:

Group One: Sven Bursell, Associate Professor at Harvard Medical School; Becky Thompson, Professor, Simmons College; Reebee Garofalo, Professor, U Mass, Boston

Group Two: Tony Irving, Free Lance Photographer, Youth Worker; Glenn Koocher, Executive Director, Mass. Association of School Committees (MASC); Renny Cushing, Executive Director, Murder Victims' Families For Reconciliation

Group Three: Sam Williams, Director of Operations, Unitarian Universalist Ministry; Nancy Murray, Director of Education ACLU; Reverend Ray Hammond, Minister of Bethel AME and Co-founder of 10 Point Coalition.

Group Four: Marion Messinger, Executive Director of City School; Former staff members of City School, Banjineh (Foundation Movement) and Ama (Bronx High School teacher)

Group Five: Laura Efron, Editor, What's Up Magazine; Cindy Miller, Professor, Emerson College

Group Six: Marva King, sister, EPA Project Manager and Ph.D. Student; Danny King, brother, former Delaware and Maryland Education and Program Director

Group Seven: Charles Ogletree, Professor, Harvard Law School and Executive Director of Charles Hamilton Houston Institute for Race and Justice.

Sister in law of (victim) John Labanara

Further comments were:

"From the first supporter, Harvard Medical Dr. Sven Bursell (who flew in from Hawaii that morning for the hearing) speaking for Arnold to the last supporter, Harvard Law Professor, Charles Ogletree the Board was told why each speaker believed Arnold met the "exceptional" criteria." (Marva)

"...the testimony from Renny Cushing and Tony Irving was very powerful..." (Glenn)

"It was an honor to be amidst the multiracial, mixed class, inter-generational crowd that came together." (Becky)

"The amount of love, respect and dedication in that room was so emotional for me. It warmed my heart." (Chris)

"I left believing in my heart that we will get a unanimous positive vote." (Chuck)

Soffiyah Elijah, Attorney, closed with a wonderful summation.

I wanted to thank both Eddie and Soffiyah for the great job they did preparing and conducting Arnold's hearing. I can't even imagine all the hard work they put into it for the hearing to end up so organized and effective." (Marva)

"...I would like to say thank you to everyone who helped make the day. People who became aware of Arnie's case and joined in the effort, staying the course over the years... it was a great collective effort; bigger than any one person's efforts." (Kazi)

Letters of support can still be written to the Parole Board. Please send to Maureen Walsh, Chairperson, Parole Board, 12 Mercer Road, Natick, MA 01760 and don't forget to CC Arnie.

The board advised that they would provide a decision within 12 weeks. We will see that a copy of the transcript is available, soon, and then the board's opinion, once that becomes available to us.

The Commutation Workgroup

King Commutation Hearing

Warm Greetings! Thanks so much for the love and support and preparing for the October 25th hearing. We are almost there now. A lot of folks are committed to attending while others have written inspiring letters to the Advisory Board of Pardons. Attached are the bios of some of the folks who will be present. City School, What's Up Magazine and Project Hip Hop will be there as well. If you haven't decided yet, please consider the positive impact of your presence and join with us in this effort.

One Love,


The Commutation Project

P.S. PLEASE note all attendees at the hearing will be searched. The following items are NOT allowed in the hearing room: overcoats, hats, gloves, umbrellas, sunglasses, food or drinks, gum chewing, cell phones, cameras.

King Commutation Hearing

In two weeks, Thursday October 25, @ 10:00 am, we will be at 12 Mercer Street in Natick for the commutation hearing. This audience will include elected officials from the state house and city hall, several clergy, university professors, people of various communities, and lots of family members and friends.

State Rep Gloria Fox and Harvard Law Professor Charles Ogletree lead this effort to break the chains, which surround the ankles of Arnie King. Will you be there? Reverend Ray Hammond of Bethel AME Church will be present, Dr. Sven Bursell, and a host of other Metro Boston professors will provide testimony. The staff of What’s Up Magazine, the City School, and Project Hip Hop will be heard. People will be traveling from up and down the east coast and beyond to be there too.

Over 130 folks attended the 2004 hearing and we’re hoping for a larger turnout in two weeks. So if you can attend, and maybe bring a friend or two, we will appreciate joining our arms together that morning, or send a prayer with a kind thought for positive results.

Please let us know as soon as possible one way or the other if you will attend.

Thank you for your ongoing support!

Regards,

The Arnold King Commutation of Sentence Working Group

King Hearing Scheduled - Your Confirmation is Requested

In 2004, there were an impressive 130 people who attended the hearing in support of Arnie King’s request for commutation of sentence. It made a difference; he was given a favorable recommendation by the Advisory Board of Pardons and your support and presence helped make that happen.

This year, WE NEED YOU AGAIN; Arnie needs you to PACK THE PLACE, and then some, at his upcoming hearing on Thursday, OCTOBER 25th, 2007, at 10:00 AM.

Please reply to this email or call (617) 576-5367 with answers to the following questions by no later than OCT 10, 2007, to tell us:

Can you come?
Can you bring anyone and if yes, how many?
Can you give a ride to whoever may need one (provide your address/location)?
Do you need a ride (provide your address/location)?

IMPORTANT: You MUST bring a PICTURE ID with you. Please dress in an appropriate manner (no halter tops, shorts, worn out jeans, hats, and T-shirts - per guidelines).

HEARING DETAILS:

Date: Thursday, October 25, 2007
Time: 10:00 AM
Place: Massachusetts Parole Board Central Office, 12 Mercer Road, Natick, MA 01760
DIRECTIONS

More information: http://www.arnoldking2007.org/

Thank you for your ongoing support to free Arnie King!

Regards,


Arnold King Commutation Working Group

Commutation hearing scheduled for Arnie King

Warm Greetings! I want you to know that the commutation hearing has been scheduled for Thursday, October 25th, 2007 at 10:00 am. The location is the Parole Board Central Office at 12 Mercer Road in Natick. In the upcoming weeks, the transportation plan from Boston/Cambridge and directions to the Natick site will be available. In subsequent letters to the advisory (parole) board, please express appreciation for the hearing date and your intention to be in the room. It's important for a large attendance, so invite family members and friends as well. Thanks for the continued prayers, presence, and patience.

One Love,
Arnie

How You Can Help: http://www.massdecarcerate.org/throughbarbedwire/update.html

Social Gathering

From: Arnie King
Date: 8/10/2007 10:43:31 AM
Subject: Social Gathering for August's Fourth Friday Event

Warm Greetings,

As we prepare for 2007 Commutation Hearing our energies flow towards writing letters of support, preparing statements and compiling documents. In appreciation for your continued assistance and your genuine presence with this effort, you are invited to a social gathering at the Community Church of Boston, 565 Boylston Street, (Copley Square), to meet, greet and eat with folks on Friday, 8/24/07 at 7:00 pm.

There will be a discussion of previous hearings, updates on this petition and an opportunity to ask questions and offer comments. Please attend, bring a friend or some homemade treat. See you soon.

One Love,
Arnie

Wonderful News About Arnold King

Dear Arnold King Commutation WorkGroup Members:

Wonderful News!!

The MA Parole Board granted Arnold a hearing. Details on the date, time, and place of the hearing will be sent out to you as soon as we know it.

Thank You Thank You Thank You -- Commutation WorkGroup members who wrote letters encouraging the MA Board to grant this hearing. It WORKED!!

Now -- we have to start gearing up---once again--- as we did in 2004 to swarm the MA Board with support letters and physically fill the hearing hall.

We have been advised that the MA Board wants to hear more from the community -- than from the politicians and the King Family.

So -- we truly need to show the community support for Arnold.

HERE'S HOW YOU CAN HELP

Please write letters describing why you would welcome Arnold back into the community. Letters should be addressed to the following members:

Chairman Maureen Walsh

Members: Pamela Lombardini, Mark A. Conrad, Doris Dottridge, Candace Kochin, Deborah McDonagh and Thomas Merigan.

at the following address:

Massachusetts Parole Board
Central Office
12 Mercer Road
Natick, MA. 01760

Phone: 508-650-4500

Fax: 508-650-4599

The same letter should be addressed and sent to all members.

Points to Remember

* That you are aware of Arnold's pending hearing date for commutation of sentence.

* That Arnold is totally rehabilitated.

* That Arnold presents no threat of returning to prison once released (i.e., recidivism)

* That Arnold is an invaluable asset to the community.

* That because of the work Arnold has accomplished and the way he has turned his life around that you are confident that he will succeed in living again in the society at large.

* Share a personal anecdote or understanding as to how Arnie can make a real difference with and to the young people who are increasingly caught in violent activity.

* That Arnold is a living example and role model to the youth as someone who took a life and although Arnold was destined to go nowhere he ended up turning his life totally around.

* That Arnold took advantage of all opportunities available to get an education in preparation for the possibility for one day in the future becoming a contributing member of the Boston community.

* That Arnold has an outstanding track record of working with the youth through the City School and Prisoner Empowerment Project programs.

* Stress the fact that as a community member, you know first hand how much your neighbors and other concerned community members really NEED someone like Arnold to intervene to save our youth and our community.

* That Arnold has a proven track record of positively influencing scores of young people and former prisoners.

* That it is a total waste of taxpayers dollars to continue to incarcerate him.

* That you welcome him back into the community

* That you hope and pray his sentence will be commuted.

* If you are in a position to offer him a JOB or Help him find a JOB -- please do so in your letter.

* Please include this website in the letters for any board members to find out more information about Arnold: http://www.arnoldking2007.org/

Again ... thank you so much for your continued support ... we cannot accomplish his release without your letters and your physical attendance at the pending hearing.

Peace and Love,

The Arnold King Family

UPDATE: Warm Greetings! I want you to know that the commutation hearing has been scheduled for Thursday, October 25th, 2007 at 10:00 am. The location is the Parole Board Central Office at 12 Mercer Road in Natick. In the upcoming weeks, the transportation plan from Boston/Cambridge and directions to the Natick site will be available. In subsequent letters to the advisory (parole) board, please express appreciation for the hearing date and your intention to be in the room. It's important for a large attendance, so invite family members and friends as well. Thanks for the continued prayers, presence, and patience.

One Love,
Arnie

Arnie King: Commutation Project

We invite you visit: www.throughbarbedwire.com. View the video there, developed by Emerson College students Kyle Cramer and Allie Rosenberg. Also sign the online commutation petition.