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Pa. lifers seeking clemency in wake of US ruling
By google.com
Published: 09/03/2009

ALLENTOWN, Pa. — Tyrone Werts earned a college degree, counseled at-risk teenagers, organized an anti-crime summit, sold Girl Scout cookies, and once prevented the rape of a teacher — all while serving a life sentence for second-degree murder and robbery.

Regarded as a model prisoner for nearly 35 years, Werts, 57, will appear before the state Board of Pardons on Thursday to ask for a commutation of his sentence. He and another inmate, William Fultz, also 57, are the first lifers to go before the board since a federal judge ruled in June that thousands of Pennsylvania inmates sentenced to life should have an easier path toward clemency.

If history is their only guide, Werts and Fultz face incredibly steep odds. Only three life sentences have been commuted since 1997, when Pennsylvania voters — outraged over a killing at the hands of a commuted inmate — amended the state constitution to tighten commutation standards for lifers. Clemency for lifers hasn't been common in Pennsylvania since the 1970s, when then-Gov. Milton Shapp freed 251 inmates.

Werts' backers are pinning their hopes on a June 11 ruling by U.S. District Judge A. Richard Caputo, who said the pardons board may not apply the tougher 1997 standard to inmates who committed their crimes before 1997 because the U.S. Constitution forbids ex post facto punishment. The decision — the latest ruling in a 12-year-old lawsuit filed by the Pennsylvania Prison Society — could affect more than 3,000 of the 4,868 lifers in the state's prisons. The pardons board has appealed.

The 1997 amendment requires that inmates sentenced to life must receive a unanimous vote of the five-member pardons board before the governor may consider their commutation request — giving a single board member the power to block any inmate's bid. Before then, lifers needed only a majority vote to get their case before the governor.

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