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A Guide to the Pardon and Parole Board as the Julius Jones Case Advances

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A Guide to the Pardon and Parole Board as the Julius Jones Case Advances

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A week before death row inmate Julius Jones’ Stage 1 commutation hearing, media personality Kim Kardashian challenged her 69 million Twitter followers to phone the Oklahoma Pardon and Parole Board and advocate for his release.

“Tell them to send Julius Jones home to his family,” a narrator reads near the end of a video that Kardashian tweeted on March 1. “They’ve waited over two decades for justice.”

Former Oklahoma City Thunder star Russell Westbrook and Cleveland Browns quarterback Baker Mayfield have also called on the Board to issue a favorable commutation recommendation to Jones, a 40-year-old convicted of murdering Edmond businessman Paul Howell outside of his home in 1999. Advocates say Jones’ co-defendant, Christopher Jordan, framed him for the murder in an attempt to receive a reduced sentence.

By a 3-1 vote last week, the Board advanced Jones’ application to a Stage 2 hearing, a more comprehensive review where new evidence and testimony may be presented. A three-vote majority is required to advance the application to Gov. Kevin Stitt’s office for final consideration.

Ahead of this hearing, likely to happen sometime in June, questions linger about the scope of the Board’s power and how the commutation process plays out. This Q&A addresses common questions about the Oklahoma Pardon and Parole Board:

What does the Pardon and Parole Board do?

The Pardon and Parole Board is tasked with impartially reviewing pardon, parole, commutation and clemency applications submitted by state prisoners. The agency has about two dozen employees, including an executive director, assistant executive director, general counsel and several case investigators.

The Board may grant parole to nonviolent offenders, whose crimes are not listed in section 57, Title 571 of the Oklahoma State Statutes, without the governor’s approval. In clemency, commutation and violent parole cases, the Board forwards its favorable recommendations to the governor for a final decision.

The governor appoints three out of five members and may set directives and recommendations. In February 2019, Gov. Kevin Stitt asked the board to assist in reducing the state’s prison population by releasing more nonviolent offenders.

What are the qualifications to be a board member?

They must hold a bachelor’s degree and have at least five years of experience in law enforcement, corrections, mental health, social work or a related field. Two of the five members are required to have training in social work, mental health or substance abuse services.

Three are appointed by the Governor, one by the Chief Justice of the Supreme Court and one by the presiding judge of the Court of Criminal Appeals. They serve four-year terms concurrent with the governor.

Who are the current board members?

Allen McCall, appointed by Noma Gurich, Chief Justice of the Oklahoma Supreme Court. McCall is a retired judge who served in Comanche and Cotton counties from 1982 through 2013. His term expires in January 2023.

Larry Morris, appointed by Dana Keuhn, presiding judge of the Oklahoma Court of Criminal Appeals. Morris has more than 20 years of experience working as a juvenile counselor, social worker and probation officer. His term expires in January 2023.

Kelly Doyle, appointed by Stitt, is deputy executive director of the Center for Employment Opportunities, a nonprofit that helps formerly incarcerated people find work. Her term expires in January 2023.

Adam Luck, appointed by Stitt, is Chief Executive Officer of City Care, a nonprofit organization that provides housing assistance to low-income families in Oklahoma City. He previously served as a board member with the Oklahoma Department of Corrections. His term expires in January 2023.

Scott Williams, appointed by Stitt, is a former Office of Juvenile Affairs board member and Life.Church campus minister. On Monday, Stitt announced that he had appointed Williams to replace Robert Gilliland, a trial lawyer who resigned from the board in January due to health concerns. Williams holds a bachelor’s degree in psychology and master’s degree in criminal justice management and administration.

What is commutation?

Commutation is a tool meant to correct an excessive or unjust sentence, not release an inmate from prison early or wipe their criminal record clean. In Oklahoma, a sentence may be eligible for commutation if:

The statutory range of punishment for the crime has changed. For example, State Question 780 significantly reduced sentencing ranges for certain drug and property offenses. Following the enactment of House Bill 1269, a bill that made State Question 780 retroactive, the board recommended commutation to 527 inmates in an accelerated hearing.

New evidence that wasn’t available at the time of trial has arisen. In the Julius Jones case, advocates say testimony from an Arkansas inmate that Christopher Jordan murdered Paul Howell casts serious doubt on Jones’ conviction.

The Board, using its own discernment, finds the original sentence was unjust or excessive.

Can any inmate apply for commutation?

Yes. Prisoners can request an application from their facility’s law library or ask someone on the outside to mail them the form.

The form asks for an account of the offense, any involved victims and the basis for seeking commutation. Letters of support must be submitted alongside the application. An attorney is not required to complete the form, though some law firms offer to streamline the process.

Inmates who receive a misconduct violation while their commutation application is pending are automatically removed from consideration and must wait three years before applying again.

How long does the commutation process take?

About six months. Each commutation application is assigned to a Stage 1 review, a very brief hearing where Board members determine if the case is worthy of further consideration. The Board will typically move through hundreds of commutation applications in a single Stage 1 hearing. A three-vote majority is required to advance the application to Stage 2 review, a more comprehensive hearing where inmates, their legal counsel, victims and law enforcement representatives may address the Board.

The Stage 2 review is usually scheduled a few months after the Stage 1 hearing. Again, a three-vote majority is required to advance the application, this time to the governor’s office. When making a favorable commutation recommendation, the board also issues guidance on how the sentence should be modified. Board members are not required to provide their reasoning for rejecting or recommending commutation.

The governor has 90 days to grant or deny the application. If they fail to act, the request is considered denied.

Keaton Ross