Lane County DA sues Oregon governor, alleging violations of state clemency laws - KATU
EUGENE, Ore. - The Lane County District Attorney is among the plaintiffs in a lawsuit alleging Gov. Kate Brown has failed to follow the state's clemency laws by releasing convicted felons from prison or reducing their sentences.
Patty Perlow, the district attorney in Lane County, is a plaintiff in the lawsuit along with Douglas Marteeny, the district attorney in nearby Linn County. Four victims of crimes are also plaintiffs in the lawsuit.
“Victims of crime in Oregon have Constitutional and statutory rights that are being ignored by Governor Brown, the Oregon Department of Corrections, and the State Parole Board," Perlow said in a statement.
"The Governor’s priority is offenders of crimes, many of them violent, and ensuring they have a 'meaningful opportunity to be released’ before they complete their duly secured criminal sentences. Victims of crime, and all other Oregonians, deserve the enforcement of their rights. It is essential that all Oregonians, including public officials, adhere to the rule of law. I feel obligated to request the Court’s intervention and to raise public awareness of this violation of our state Constitution and the laws surrounding process and transparency in our criminal justice system.”
Perlow voiced that same criticism of the process last fall.
At the time, the governor's office blamed the release of some offender names prior to victim notification on publication of the proposed list. The govenor's office reiterated its belief that Brown is acting within the law.
"In certain cases, the Governor’s constitutional clemency powers can help remedy unjust sentences where an individual has been held accountable, taken responsibility for their actions, and demonstrated their commitment to turn their lives around," the governor's office said at the time. "When these circumstances apply, clemency is an effective way to ensure equal access to justice and keep communities safe."
Any response from the governor's office to this lawsuit will be added to this story.
The law firm of Kevin Mannix, the author of Oregon's mandatory minimum sentencing law Measure 11, represents the plaintiffs.
"On behalf of our clients, we have filed a Petition in Marion County Circuit Court, seeking an order (mandamus) that the Governor, and state agencies and officials, follow the clemency law," the law firm said in a statement Wednesday.
According to the law firm:
Since early 2020, Governor Brown has violated clemency law procedures by releasing nearly 1,000 duly convicted and sentenced felons early from their prison sentences.
Many of these individuals were convicted of very serious crimes. Governor Brown is now proposing to release approximately an additional 250 more felons early.
All of them were convicted of violent crimes committed as juveniles and sentenced appropriately. These currently processing commutations are also in violation of the law.
The objective of this lawsuit is to request the Circuit Court of Marion County to compel Governor Brown, the Oregon Department of Corrections, the Oregon Youth Authority, and the Oregon Board of Parole and Post-Prison Supervision to comply with the law.
source: https://katu.com/news/local/lane-county-da-sues-oregon-governor-alleging-violations-of-state-clemency-laws
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