A terrible injustice: No clemency for killers
Tuesday, Nov. 3, 2009 Share on Facebook
New Hampshire is supposed to have "truth in sentencing." Alas, we do not. Some prisoners can apply for and receive "sentence modification," which just means they get out before their minimum sentences are served. Worse: two killers have made it partway to early release.
We shouldn't have any early release. Granite Staters believe strongly that justice is denied when criminals don't serve the sentences they were given by the legal system. But if we do, it ought to be common sense that taking another's life disqualifies one from leaving prison early, no matter what one has accomplished behind bars.
Eric Grant and Steven Volkmann are serving time for killing their wives. Both were recommended for "sentence modification" by Corrections Commissioner William Wrenn. They have been approved by a clemency board. The excuse for letting them go? They've been model inmates.
In prison, Grant has become an accomplished furniture maker. Volkmann, his attorney says, earned two master's degrees behind bars.
But, they killed their wives! Killing should get you a "never get out of jail free" card. In New Hampshire, it doesn't. That's shocking, and it demands immediate remedy.
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Ken Stremsky, Manchester:
I really appreciate your feedback and I respect your position. I believe there does need to be some outlet to pardon those who truly deserve it. But rewarding those incarcerated for murder merely because they were good boys "inside" and got a couple of college degrees is not on my list of mitigating factors.
I feel very strongly that we should not politicize life and death matters. That is why we have a judiciary and they should have the first and last word. They are the "impartial" rulers. Politicians are anything but impartial, as I am sure you will agree.
I also don't believe a Governor should have the power to commute or pardon in other than a case where it becomes evident through an investigative and judicial process that shows the incarcerated inmate was not guilty in the first place. Those instances are and should be very rare. And that recommendation should come from the judiciary to the Governor's office.
If there has to be a Parole Board or some other such name - then it should be attached to the judiciary branch in some way - they should NOT have direct access to the Governor OR the Legislature.
Just my humble opinion.
Just look at an accompanying article in today's paper about the two legislators in Mt Vernon who are caught up in the emotion of the murders there a few weeks ago. Need I say more about the objectivity surrounding the subject.
- Sandy, Thornton
Sandy, Thornton
Thanks for writing.
The Governor has the power to pardon some crimes. The State Legislature does not have the power to veto these decisions. The State Legislature should not have the power to veto these decisions.
If the State Legislature does not have the power to veto decisions made by parole boards, I think an Amendment to the State Constitution should be passed that gives the State Legislature the power to veto decisions made by parole boards.
I do not think an Amendment to the State Constitution is necessary for the Governor to veto decisions made by parole boards. If the Governor does not have the power to veto decisions made by parole boards now, I think only a state law would be necessary for the Governor to gain the power to veto parole board decisions.
An Amendment to the State Constitution might be necessary for the State Legislature to have the power to overturn a veto decision made by the Governor dealing with parole boards.
- Ken Stremsky, Manchester, NH
What about the people that were killed. What chance of getting anything do they have? You take a life, you lose what life could have offered them.
- Carroll, Manchester
You get what you pay for. DOC's budget has been slashed and there is simply not enough money to incarcerate everyone for the full amount of time to which they are sentenced. DOC is dealing with budget cuts like every other state agency or department. Releasing prisoners on parole is one way to save money. You want to lock them up and throw away the key, you must pay for it. You cannot just disregard the mandates of the federal and state constitutions requiring humane treatment and care in an effort to save money. In the end that will cost more because of all the lawsuits it would bring.
- Elmo, Manchester
Sandy, Thornton
Thanks for the feedback. I did not think about commenting on judges.
The Governor has the power to pardon people for certain crimes. The State Legislature does not have the power to veto these pardon decisions. The State Legislature should not have the power to veto these decisions.
The State Legislature should have the power to veto decisions made by parole boards and other executive branch employees involved with reducing of sentences when the executive employee is NOT the Governor. This might require an Amendment to the State Constitution.
The State Legislature does not have the power to veto decisions dealing with reducing sentences made by judges. The State Legislature should not have the power to veto decisions dealing with reducing sentences made by judges.
The Governor should be able to veto decisions made by the parole board and the State Legislature should have the power to overturn these decisions. An Amendment to the State Constitution might be necessary for the State Legislature to overturn these decisions made by the Governor.
I would like an Amendment to the State Constitution passed that gives the State Legislature the power to pardon people the way the Governor may.
- Ken Stremsky, Manchester, NH
Mae
I hope you mean "give them a fair trial and then hang them IF they are found guilty."
- Tam, Swanzey
The DOC and courts have already begun turning these dangers to society free. Read this article if you don't believe it. http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20090905/FRONTPAGE/909050319. The inmate released in this article killed one person, left another in her 20s walking with a cane and he was a repeat offender out on bail for another charge, also violated his bail while awaiting trial on this arrest. He was released after serving just over 3 years of a 5 year minimum sentence. The judge said at sentencing that truth in sentencing was attached but it no longer exists. Call your legislator and tell them that this is wrong.
- Andy Guptill, Barrington, NH
Give killers a fair trial, then hang them. No college dregrees, no second chances for murderers. Problem solved.
- Mae, Plaistow
We have people graduating high school, struggling to find ways to pay for college. Meanwhile we have convicts in prison getting multiple masters' degrees. What's wrong with this picture? Prison is supposed to be a punishment, not a vacation from responsibility. What is NH trying to tell its residents? Want an education but can't afford it? Kill someone, get a pile of degrees, then ask for leniency. It's outrageous!
- Alex, Nashua, NH
PS to Sandy of Thornton--You're absolutely right to emphasize the separation of powers. Writing general laws is the legislature's function; applying them to individual cases is the executive's; and judging and sentencing is for the judiciary--three separate groups of people. Ignoring any of our founding principles is ill-advised, and if we let the elected branches dictate judging and sentencing of individual cases, they'll decide with an eye to the next election.
- Spike, Brentwood NH
Each crime should have a mandatory sentence. We should not have judges deciding sentences and we should not have parole boards deciding if someone should get out early. Knowing ahead of time the time you would get for committing the crime would decrease the amount of trials (far more people would plea if they knew a lenient judge would not be able to decide their sentence if convicted), would eliminate the need for a pre sentencing investigation and would end these debates. It would also end sentence reduction hearings. Imagine how much money this state could save!
- Jennifer, Manchester
Ken Stremsky, Manchester: I have to disagree with you Sir. The biggest mistake that could be made is to make prison sentences subject to legislative oversight. This only invites political patronage and the introduction of personal biases vs. the application of established law.
The Judiciary passes sentence only after a jury of the accused peers' pass judgment in accordance with established law. There is a reason for the separation of the Judicial, Executive and Legislative Branches of Government. Let’s keep it that way.
In the meantime, let’s remember that Mr. Wrenn is a political appointment by the Governor as is the Parole Board. While they may be political appointees, I believe they are charged with reviewing all cases in accordance with established law, not in accordance with the latest “feel good” socialist movement or the thought that the outcomes of their deliberations will have a favorable result come the next election.
- Sandy, Thornton
The state of NH with its out'a state politicians has become a haven for pinko liberals and their totally defunked dicision making such as this. Sure, come to NH, commit a bad crime and eventaully within a short time, go free! Time to get out of this liberal state!
- Dave, Manchester
When you send a criminal through the justice system, and our system sentences them, that sentence should be upheld by ALL. As a victim of a violent crime (or any crime), you believe that you have done the right thing. You have gone through all of the channels and have put faith in the Judge and Jury. You, as the victim, have to accept what they hand down for punishment (if found guilty).
Sometimes we don't always agree with the punishment, but we have no choice but to accept it. To then turn around and amend that punishment is absolutely the most foolish and unrighteous decision I have ever heard. And that in itself should be unconstitutional.
Victims should have rights. And the only rights they have are to put their faith in the system. And that system is failing with this "modification". That is not justice, but making a victim...a victim all over again.
- Stew, Manchester
Who appointed William Wrenn? Governor John Lynch. Is Lynch going to fire him? No. Is anybody going to fire Lynch next year? Only time will tell.
- Chris, Merrimack
Despite its notorious flaws, trial by a jury of 12 strangers, reviewing facts whose legitimacy is carefully controlled by a judge, is the best system anyone has ever invented to achieve justice and protect the rights of the accused. There is no reason to override the jury's verdict. Parole boards of professional apologists, and a governor seeking re-election, will not make good decisions, but decisions that make themselves feel good and look compassionate.
- Spike, Brentwood NH
“We the People” need to change the law. Everyone posting here has made valid points. I whole heartedly agree with all of you. I used to believe in the intrinsic good of humanity and that most people could be rehabilitated to become productive members of society. As a student and young adult I was morally apposed to the death penalty. I now believe that if you murder someone you should be sentenced to death by "organ donor". This would give new meaning to “an eye for an eye”. Think of all the good that would come of it.
I am serious. How about it? Let’s change the law and put an end to providing for killers. We as a society can’t afford it any more.
- Kathy, Raymond
So the lesson should be:
Murder your wife and earn a couple masters degrees, become a furniture maker, and get out of prison early. New Hampshire, the liberals utopia.
Pathetic.
- Craig, Manchester
This is great... So the bums related to the Mt Vernon killings can look forward to no death penalty and the prospect of getting out early.
Thrilling...
- Jim, Bedford
RIDICULOUS....no wonder criminals aren't afraid of being sentenced to serve time...cause they know its EASY..if they act like im being good and maybe take a few classes..yup that looks good and hell ill be outta here in no time. SO WRONG. I firmly believe you should have to serve out your ENTIRE sentence..no early release. no good behavior BS. DO the time..then maybe these people wont think jail is a breeze/vacation that can be manipulated.
- RG, Manchester
We the people have lost our way. Where we watch hopelessly the rise in crime and the punishment does not get carried out to the full extend of the law. I blame our leaders and not the court system for lack of guts. Killers should never be let out put away for life or put to death!!!The judge should have the final say. Not the govt. DCYF,Casa, family,police, or parole board.But the judge rule/sentencing should be law when it come to parole. possibles??????????
- mo, plymouth
Murderers should stay in prison as long as their victims are dead.
- steve, nashua
There is a court decision on the books that says only the parole board has the right to allow a release after sentencing. That decision says a Judge does not have the right to modify a sentence without proof of a miscarriage of justice at time of sentencing.
The original sentence remains in effect even even when the parole board allows early release. The person serving his or her sentence under their supervision.
I guess the two mention above are serving second degree, not first and did not plan to kill. The board should be allowed to grant or deny per the regulations empowering them.
- RB, Manchester
I am with Jim!!!! Our kids work hard to get a college education and Steve Volkman gets two Masters degrees while in prison for brutally murdering Terri, his wife. I remember the day that news broke and many of us knew in our guts that he had done this horrible thing. He took a young life and in a way he also took his young son's life as well that day. He deserves to rot in hell. Why should he ever be allowed to see freedom? I say throw away the key for both of their cells!
- K Russell, Hooksett
There is a court decision on the books that says only the parole board has the right to allow a release after sentencing. That decision says a Judge does not have the right to modify a sentence without proof of a miscarriage of justice at time of sentencing.
The original sentence remains in effect even even when the parole board allows early release. The person is serving his or her sentence under their supervision.
- RB, Manchester
My children are busting their butt to get through college. Working, home work, and community activity keep them out straight This is out rages, killers getting a leg up over good, honest, hard working people.
Bring chain gangs to NH and let criminals go to school at hard knocks!
- Jim Holland, Salem NH
My children are busting their butt to get through college. Working, home work, and community activity keep them out straight This is out rages, killers getting a leg up over good, honest, hard working people.
Bring chain gangs to NH and let criminals go to school at hard knocks!
- Jim Holland, Salem NH
The State Legislature should have the power to veto decisions made by parole boards and others involved with reducing sentences when the sentences are NOT being reduced by the Governor.
The Governor should have the power to veto decisions made by parole boards and others involved with reducing sentences. The State Legislature should have the power to overturn the veto decision made by the Governor.
- Ken Stremsky, Manchester, NH
So a criminal serving his/her sentence is a "model prisoner"? So what? To me it's another way criminals manipulate the system.
For a long time I favored the death penalty, but I modified my stance slightly: If life in prison without the chance of parole could be guaranteed, I'd be OK with abolishing the death penalty.
I've become rather cynical over the years, though. I'm more convinced than ever that the criminals have more rights than their victims... and I remain adamant that the names of juvenile offenders be published, no matter their age.
- Guy Plante, Manchester