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The Honolulu Advertiser
Posted on: Saturday, December 31, 2005

Lingle pardons 17 of criminal offenses

By Peter Boylan
Advertiser Staff Writer

PARDON APPLICATIONS

2003

72 applications, two granted

2004

161 applications, 26 granted

2005

143 applications, 17 granted

*Note: Not all pardons granted were from applications received that year.

Source: Hawai'i Paroling Authority

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Gov. Linda Lingle this year pardoned 17 people who were convicted of a variety of criminal offenses ranging from contempt to assault, domestic abuse and in three cases, promoting dangerous drugs.

During her first three years in office, Lingle has pardoned 45 people. By comparison, former Gov. Ben Cayetano pardoned 36 people in his first three years in office, and former Gov. John Waihee pardoned 26.

"We don't keep a scorecard of what other governors have done," said Lingle's chief of staff, Bob Awana. "We look at these pardon requests on the merit of the requests and the information provided. I don't think we look at a specific instance like the drug offense, but what has the individual done to demonstrate they want to re-enter the mainstream of society, and there have to be compelling reasons for us."

Cayetano pardoned 189 people during his eight years in office, according to data released by the state. That compares with 113 pardons granted by Waihee between 1986 and 1994, and 193 pardons granted by former Gov. George Ariyoshi between 1973 and 1986.

The governor's office did not release details about the specific offenses for which the individuals were convicted, including the four who were convicted of drug offenses.

According to records provided by the governor's office, those people include David James Darling, convicted in 1973 of promoting a harmful drug in the third degree, and in 1981 of promoting a harmful drug in the second degree.

Also pardoned was Frank Michael Fernandez, convicted in 1980 of promoting dangerous drugs in the second degree, public records show. A pardon was issued to Douglas Joseph Bamlett, convicted in 1981 of promoting a dangerous drug in the second degree, records show.

A pardon also was given to Rae Dorothy Marlow, convicted in 1993 of promoting a dangerous drug in the second degree and promoting a detrimental drug in the third degree, records show.

When reached by phone yesterday, Marlow and Fernandez would not comment. Attempts to reach Bamlett and Darling were unsuccessful.

Others pardoned include a person convicted in 1995 for criminal tampering, a 1992 conviction for reckless endangerment in the second degree and a 1991 conviction for abuse of a household member.

Governors reserve the right to pardon whoever they want, and may do so without any background investigation, said Tommy Johnson, administrator for the Hawai'i Paroling Authority. Most of those who apply for pardons in Hawai'i are trying to get jobs or further their career and require a clean criminal slate to do so.

Those pardoned this year included soldiers deploying to Iraq who needed clean records to carry a weapon, and several individuals who committed crimes more than 20 years ago.

Others include a woman who received a professional degree but needs to clear convictions for forgery and theft to get a job, records show. All but one of the four people pardoned for drug offenses committed the crimes more than 20 years ago.

"All of these pardons seemed appropriate. None of these (17 pardons) jumped out at us as something that would be untoward at all," Johnson said. "It's a long, drawn-out and thorough process, as it should be."

Lingle has never granted a pardon without a background investigation, Johnson said. Occasionally, Lingle asks Awana and Lt. Gov. James "Duke" Aiona to review a case.

Applicants for pardons submit a request to the Hawai'i Paroling Authority, which assigns investigators to conduct a background check and investigation. Offenders are interviewed and subject themselves to intense scrutiny, Johnson said. After the HPA completes its investigation, the request is sent to the attorney general's office for review.

The attorney general can conduct another investigation with different investigators. Once complete, the request is reviewed by the Department of Public Safety before the attorney general forwards it, with a recommendation, to the governor.

Pardons are a target for criticism, and governors have come under fire for whom they decide to pardon.

Skeptics and conspiracy theorists surmise the process is completely political and devoid of any justice. Proponents say the chance to ask for a pardon goes a long way to providing hope for people who made criminal mistakes long ago.

"I think there is some realization out there that whatever we may have done, it is in the past," said state public defender John Tonaki. "If a person has rehabilitated and can be a value to society, I think the person ought to be given a chance."

During Cayetano's last year as governor, he pardoned 78 people and commuted the sentence of one person. Critics attacked both Cayetano and Ariyoshi as being too liberal with pardons.

Cayetano defends those he pardoned and explained that he approached each case with an open mind. He said he took joy in pardoning people who demonstrated a willingness to change and contribute to society in a positive way.

"I was happy with the people I pardoned. It's a process which is specific to the individual involved. It's not something you can take with a cookie-cutter approach. I'm glad Lingle's pardoning," Cayetano said. "Nothing is ever black and white when it comes to life, and the justice system, as much as possible, has to take a look at those things."

Reach Peter Boylan at pboylan@honoluluadvertiser.com.