A request for clemency from a man convicted of a sex offense 25 years ago spurred a discussion on the purpose of a pardon Wednesday at a meeting of the South Dakota board empowered to make recommendations to the governor.
The 57-year-old who applied for the pardon hasn’t been charged with a crime since he was convicted of sexual contact with a minor.
He wants to have the 2001 offense cleared from his record, he said in his application, because he felt his actions since the crime show that he’s paid his debt to society. He also said he’d recently lost a job he’d held for years in the logging industry, and felt the conviction would make it difficult to find employment again.
His application included recommendations from family members, and a letter from the victim, who was 13 years old at the time and now says she has forgiven him.
The victim wrote that the man now requesting a pardon had “gone above and beyond to make things right with her,” Shelli Gust, administrator for the South Dakota Board of Pardons and Paroles, told board members on Wednesday.
The man, whose name and picture are listed in the South Dakota Sex Offender Registry, is a father of three who’s married to the same woman he was at the time of his conviction, Gust said. He served four years in the Marines, Gust said, and had the support of “a very large family.” He was never incarcerated for the crime, but was sentenced to 10 years on probation.
Two members of the parole board had recommended denying a pardon recommendation during an initial review process on Tuesday. The full board reviewed the request on Wednesday.
Nature of offense sparks questions
Most criminal arrests and convictions in South Dakota are part of a person’s permanent record. Unlike some states, there are no provisions of state law that automatically remove old crimes after a period of good behavior.
The legal avenues to clear a crime from the public record in South Dakota are spare.
Those convicted of a crime can ask a judge for a suspended imposition of sentence. In such situations, the crime is removed from the person’s record after a period of good behavior and meeting any other conditions imposed by a judge.
A person who’s arrested, but for whom no formal charges are filed, can ask a judge to remove an arrest from their record.
A pardon from the governor is the only other way to get a crime removed, and the pathway to a pardon typically begins with the parole board.
Aaron Pilcher, an attorney from Huron whom Rhoden appointed to the board in February, said on Wednesday that the 57-year-old’s situation didn’t stand out as deserving of a pardon recommendation.
Having a felony, Pilcher said, “isn’t convenient,” but that inconvenience alone shouldn’t be enough to qualify a person who’s behaved since their felony conviction.
He noted that the applicant had lost a job and wants a new one, but didn’t list a specific job or explain why his offense would prevent him from getting one.
“What about this guy’s offense raises it above the level of an inconvenience?” Pilcher said.
Kirsten Aasen, a defense lawyer who serves as vice chair of the board, said that Pilcher’s comments “triggered” her.
You can read the full article at South Dakota Searchlight.