I've got a guy who is doing a pretty good stretch on a 3g offense who claims to have information about a horrible, unsolved capital murder case. Shock of all shocks, I kind of, sort of believe him....
More importantly, the information we're seeking and he says he possesses can easily be confirmed or refuted by forensic testing once we get it. Not surprisingly, he doesn't want to give us anything without assurances of a time cut (we've already told him it'd have to be confirmed forensically, which he has "guaranteed" will happen...).
Frankly, IF he gives us the information and IF the forensics match, I would have absolutely no problem doing just that, and from law enforcement people I've talked to, they wouldn't either.
Does anyone know what has to be done to even do a time cut? Can't say that I've ever even considered one before. I looked at the Goverment Code and didn't find anything and did try to contact Pardons & Paroles and Executive Clemency and I think I'd have better luck contacting my deceased grandmother. Help!
Mark, I talked with the folks at the Executive Clemency Section (512-406-5852) and they were very helpful. It seems that an application for Commutation of Sentence can be made and they've got all the forms. It has to be made by 2 of the following 3: The DA that prosecuted the Def., the Judge presiding over his case, and/or the Sheriff. I doubt many of us will ever want to do this very often, but it's good to know when the rare case comes up.
Does the procedure for commutation allow for a reduction of the sentence, or merely a straight out release? I might be interested in trading a few years off a sentence for someone who's got something good, but all or nothing isn't going to work in most cases.
Posts: 622 | Location: San Marcos | Registered: November 13, 2003
Yep, according to their rules, you can recommend either a release or a specific lessened sentence. Very interesting.... And I wouldn't worry too much about a flood of requests. From my understanding of discussions with this particular inmate, it appears that the general population at TDC already knows a lot more about this provision than we do!
I get those requests every couple months from some inmate who thinks I'll have had a change of heart, or maybe that I didn't really mean it when I asked the judge to stack his 3g sentences. I generally get together with the judge and/or sheriff for a nice laugh. Then file 13.
My gosh! I get a pro se "motion for time cut" at least once a month. I never took the time to look at the law on the deal because I never got a motion from a defendant who had any reason for a "time cut."
Posts: 723 | Location: Fort Worth, TX, USA | Registered: July 30, 2002