The Clemmons Case and the Blame Game

The tragic shooting of four police officers in Washington this week has brought a Willie Horton firestorm down on Mike Huckabee and has once again set back progress nationwide toward smart sentencing and early release.

Maurice Clemmons (right) caused this mess, of course. In an unfathomable act of violence, Clemmons allegedly walked into a restaurant on Sunday and shot four police officers to death. After a two-day search, Clemmons was shot dead by a police officer on Tuesday. It’s a terrible tragedy, and my thoughts go out to the victim’s families. My thoughts are also with all of the men and women who will be denied early release because of Clemmons’ terrible example.

The case has raised some valid questions about the criminal justice system -- like why two Washington judges released Clemmons on bond last month after he was charged with raping a 12-year-old female relative and assaulting a police officer. But far louder are the criticisms of Huckabee, who commuted an earlier Arkansas sentence for Clemmons from 108 years to 47 years in 2000. This tough-on-crime posturing is coming mostly from conservatives, and it's being done for purely political reasons. Unfortunately, this is the kind of perfect storm that can hurt parole and early release efforts across the country.

Huckabee (left) has stood his ground, with a column on Monday and in comments yesterday in Florida. I never thought I'd say this, but I'm proud of Huckabee for sticking to his philosophy in support of parole. Second chances work, and Huckabee made Clemmons parole-eligible to address an excessive sentence handed down when Clemmons was 16 years old. Huckabee couldn't have known what Clemmons would do later.

Huckabee's words last night are encouraging: "I looked at the file. Every bit of it. And here was a case where a guy had been given 108 years. Now, if you think a 108-year sentence is an appropriate sentence for a 16-year-old for the crimes he committed, then you should run for governor of Arkansas."

The Huckabee issue is a red herring and it demonstrates the volatility and difficulty for politicians dealing with parole and clemency issues. Many politicians know that parole, compassionate releases and second chances are wise policy and that they work most of the time. But one violent person can destroy a career, so decision-makers end up hesitating when it comes time to grant a second chance.

Violent criminals are going to slip through the system’s grasp every now and then. We simply can’t lock people up for acts we fear they may commit. Clemmons has been in and out of jails and prisons, and even I have to admit that it seems he should have been in long-sentence territory with the alleged crimes that got him into court in November. He shouldn't have been free, though even saying that is second-guessing.

But it's abundantly clear that in 2000, when Huckabee shortened the sentence of a juvenile offender on the advice of the parole board and the sentencing judge, he did the right thing. And he's continuing to do the right thing by standing by his decision -- and his support for the clemency and parole process.