They claim she’s freed almost 1,000 people without properly notifying the victims or their families in advance.
The prosecutors, Lane County’s Patricia Perlow and Linn County’s Doug Marteeny, are also asking the judge to stifle Brown’s policy on commutations for people convicted of crimes as minors.
“We are asking that the court compel the governor to follow the laws that are already in place,” Monique DeSpain, a lawyer for Perlow, Marteeny and the homicide victims’ relatives, told The Associated Press last week.
十一月, Perlow sent out a statement blasting Brown over a clemency order freeing eight suspects from her district.
All were under 18 at the time of their crimes, but some details are heinous.
在 2002, Brian Hardegger was convicted for his role in the murder of his own mother, committed at the age of 17.
“Defendant and his father buried the victim, Hardegger’s mother, 活,” Perlow said. “When the victim tried to raise her head above the dirt, Hardegger pushed her head down with his foot so that he and his father could finish covering her up. Hardegger dug the hole beforehand.”
Perlow also took issue with another case involving a 17-year-old, Connor Allen, who was convicted of first-degree sex abuse after sodomizing a 7-year-old.
“Victims of crime in Oregon have Constitutional and statutory rights that are being ignored by Gov. 棕色, the Oregon Department of Corrections and the State Parole Board with a first priority to these offenders of a ‘meaningful opportunity to be released,’” Perlow said in her statement. “Victims of crime deserve the enforcement of their rights they fought so hard to have recognized.”
Marteeny told the Albany Democrat-Herald, an Oregon newspaper, that Brown’s clemencies amounted to “re-writing sentencing laws.”
Brown’s office has said it “generally does not comment on matters of pending litigation.” Last June, she told state lawmakers that more than 900 people she freed were at risk of contracting 新冠肺炎 while behind bars and were medically vulnerable. 自那时候起, she’s commuted dozens more, many of them convicted of serious crimes as juveniles.
The lawsuit was filed just days before the children of Dale Rost III, who was hogtied and murdered in 2005, say they learned that one of their father’s killers had applied for clemency and could receive it soon from the governor.
Lynley Janet Rayburn, 26 当时, and her then-boyfriend Gerard “AJ” 史密斯, 然后 20, went out on the early morning of Dec. 23, 2005 – armed with a rifle and high on meth, 根据法院文件. Both are serving life prison sentences for robbery and murder for ransacking Rost’s home before shooting him through the eye.