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Let Justice Be Done
By Joe Loya
Date: 12-26-00
The president alone has the power to grant a pardon,
which
erases the label and penalties attached to commission of a crime, and
those pardoned are often selected to meet political obligations. Yet
there are prisoners who deserve to be pardoned for the simple reason
that
they have committed no crime -- or, in the case of Michael Pardue,
acted
only to reject wrongful acts by the state. PNS commentator Joe Loya is
a
California writer currently writing a memoir on his experience in
prison.
His e-mail address is buddhalobo@aol.com.
President Clinton granted Christmastime pardons to 59 people, and freed
three from prison.
Dan Rostenkowski, former chairman of the House Ways and Means
Committee,
a Democrat, was on the list, although he would not be eligible to
request
a pardon through the Justice Department for a few years yet. Archie
Schaffer III, a chicken company executive and friend of the President
for
almost 30 years, convicted for trying to influence the Secretary of
Agriculture, was on the list. So was Rick Hendrick III, a NASCAR team
owner, sentenced for bribery and mail fraud.
Christmas recalls the birth of the most innocent man ever crucified. So
it would have been fitting for the President to free one of the most
innocent men in the country, Michael Pardue, instead of his guilty
friends.
When Pardue was 16, his father killed his mother in Alabama. A year
later
he stole a car to impress a girlfriend. Pardue's joyride happened on
the
night of a local serial killing. When he was arrested for the car
theft,
he was interrogated by Bill Travis, a detective known for his penchant
to
beat a correct answer out of suspects.
A detective from a nearby county assisted in the interrogation. It
lasted
72 hours. Pardue wasn't allowed to call his grandmother and two
attorneys
were turned away. Finally, Travis told Pardue that if he confessed to
the
murders then he would probably be given a cell near his father so he
could avenge his mother.
Pardue's trial lasted 2 hours. No fingerprints, blood-stained clothes
or
witnesses were ever produced.
Several lawmen involved in the case eventually proved to be criminals
themselves:
- Detective Travis, fired for brutality several months later;
- Detective Bobby Stewart, convicted for conspiracy to smuggle
marijuana
a few years later;
- Willis Holloway, Mobile County prosecutor, eventually incarcerated
for
extortion and bribery;
- James Hendrix, Baldwin County prosecutor, also served time for
conspiracy to smuggle marijuana.
Pardue escaped three times during his 27 years in prison.
The first time, he faked the warden's signature and had himself
transferred to a minimum security prison. There he got to help train
the
hounds. He convinced the guards to use him as bait, to pretend to
escape
into the woods. When his scent was finally everywhere in the forest, he
one day didn't return.
The second time he drank a lot of water and held in his urine. He
developed a kidney infection but the doctors diagnosed him with
appendicitis. In the hospital, he woke up minus the appendix, his foot
cuffed to the bed frame. An old guard slept in a nearby chair. Pardue
slipped the keys from the guard's key chain and un-cuffed himself. He
stole the guard's gun and handcuffed him to the bed. The guard said,
"Please, I need my heart medicine." So Pardue got the medication from
the
guard's pocket and gave it to him.
The final escape was facilitated by the warden's Corvette. That time he
went looking for his father who had been released from prison. He found
him, drunk, a year away from death. He offered the old man forgiveness.
In 1997, the Alabama Supreme Court struck down his conviction on the
basis that his confession was coerced. When he showed up for
re-sentencing in the county where he'd originally been convicted, the
prosecutor stood up and said to the judge, "I have here three new prior
acts that will show Mr. Pardue was a habitual offender." He was using
the
three escapes as three-strikes.
Two centuries ago it was against the law for a slave to run away to
freedom. Apparently it is still illegal for a person to resist unlawful
incarceration.
President-elect Bush nominated Senator John Ashcroft, a gospel-singing
son of a preacher, to be Attorney General. Bush said Ashcroft "will be
faithful to the law, pursuing justice without favor."
It's not beyond the realm of possibility that Ashcroft's first pardon
option could be President Clinton himself. But imagine what an
extraordinary opportunity cases like Michael Pardue represent -- real
innocents whose pardons would constitute a righting of injustice rather
than the repayment of a political debt.

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