I said I'd let you know Gov. Perdue's response re: Genarlow Wilson's pardon.

[napi21]

Well, I just received his response. I must admit, if he's telling the truth, I'm surprised! I THOUGHT all Governors had the ultimate power over DA's and pardons!

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STATE OF GEORGIA



OFFICE OF THE GOVERNOR



ATLANTA 30334-0900



Sonny Perdue

GOVERNOR



June 19, 2007








Dear Mrs. XXXXXXX:



Thank you for writing to request my assistance concerning the case of Genarlow Wilson.



As Governor, I do not have the authority to intervene in this case. The Georgia Constitution does not grant me authority to issue pardons or commute sentences, as many governors have. This case is currently working its way through our court system, and I must respect the judicial process in the manner that our constitution envisioned when it created three separate but equal branches of government.



I appreciate knowing how you stand on some of the important issues facing our state.


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For anyone who doesn't know this case, Mr. Wilson was arrested for having sex with his 15 year old girlfriend when he was 17. He was convincted and sentenced to 10 years. The Ga. law has since been changed, but was not grandfathered so even though a judge released Mr. Wilson, the local DA filed an appeal to keep him in jail for the full 10 years.

[Stewie]

1. Many governors do not have unilateral authority to pardon

Texas is one example. Requests for pardons go to an independent pardon board. If they approve it, the governor can then make a decision as to whether a pardon will be issued.

[atreides1]

2. According to Georgia's Constitution he's correct

Section II. State Board of Pardons and Paroles

Paragraph II. Powers and authority.


(a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.


The State Board of Pardons and Paroles has the authority to commute the sentence, try writing to them.

[napi21]

3. In my original email, I didn't ask him to pardon him, I asked him to

tell HIS DA to back off the appeal!