Clemency

People Are So Much More Than the Worst Thing They’ve Done”

Children who commit crimes are uniquely capable of transforming their lives as they mature. Recognizing that fact, Washington is one of the few states to offer the possibility of early release to individuals who were convicted of crimes in adult court before their 18th birthday.

Securing that clemency is more likely with a legal advocate at your side. A team led by our Seattle partner-in-charge, Pete Johnson, and DWT’s pro bono program manager, Rachel Brown, was honored last year to help win release for a client who was incarcerated at age 14. Pete and Rachel share what inspired them to take the case and how it’s transformed them as well.

Nearly five years ago, my colleagues, Breck Wilmot and Mark Bartlett, and I took on a pro bono clemency case representing an incredible man who was serving life without parole under Washington’s three strikes law.

Over the past five years, our client has taught me the incredible ability of human transformation, empathy, and perseverance. He is someone I admire and now consider family. In December 2018, we argued his case before the Washington Clemency and Pardons Board, and in December 2020, Gov. Inslee granted him clemency.

It has been an honor and a privilege to represent this amazing man, and two weeks ago we watched as he walked out the front door of the prison after serving more than 23 years of a life sentence.

I am also incredibly thankful for the support of Davis Wright Tremaine and its incredible commitment to social justice and pro bono work. I give my word that I will keep fighting against an unjust and racist criminal justice system.

The Comfort of Family

A terminally ill prisoner at Stafford Creek Corrections Center in southwest Washington State was able to spend his last months of life in the comfort and care of his family, thanks to the work of a DWT team.

Seattle associate Grant Damon-Feng, together with members of the inmate’s family, appeared before the Washington State Clemency and Pardons Board last year on behalf of our client, who had an outstanding record during his 16 years of incarceration. The board unanimously agreed to recommend a commutation, which Gov. Jay Inslee granted.

Among those who helped achieve this just and compassionate outcome were the Seattle Clemency Project, which championed the client’s case and enlisted our team to assist; the King County Prosecutor’s Office, which fully supported our client’s petition; and U.S. Immigration and Customs Enforcement, which agreed to withdraw the immigration detainer previously placed on our client.

Pardon Reduces Exposure to Deportation

A felony conviction is grounds for deportation under the Immigration and Nationality Act—even if it was for nonviolent offenses that occurred decades ago. As a result, peaceful productive lives can be suddenly upended.

That was the predicament faced by our client, who was separated from his family and placed in an immigration detention center when a 20-year-old conviction for attempted sale of drugs came to the attention of the Department of Homeland Security (DHS).

Our client had been brought to the U.S. as a child from Colombia. Following his conviction, he had voluntarily entered rehab and became clean and crime-free. He also married, worked his way up to a managerial position at a hospitality company, took care of a sick relative, and volunteered in his community. But after receiving some bad advice from an immigration attorney, he attempted to help his wife apply for U.S. citizenship, which led to the flagging of his felony conviction to DHS.

His case went through several appeals before immigration courts and things were looking bleak. A new strategy was needed. That’s when DWT was engaged.

In 2019, the team of Victor Kovner, John Magliery, Danielle Toaltoan, and Rich Zukowsky worked with Bronx Defenders to draft and submit a pardon application and letters of reference to Governor Cuomo’s office. In January 2020, we received the very happy news that our client was one of 11 individuals to whom the governor granted clemency.

With the state court conviction no longer on our client’s record, there are no automatic federal grounds for his removal. The Bronx Defenders continue to pursue legal remedies to ensure that no discretionary grounds apply to our client either, which would allow him to stay in this country.