State House Committee Passes Bill Limiting Inmates’ Chances To Prove Innocence

State representative John Pfeiffer authored House Bill 3903, which proposes the pardon and parole board's role should not determine guilt or innocence.

Pastor and advocate Derrick Scobey was one of many who appeared visibly discouraged after the house committee passed House Bill 3903 Wednesday.

“Bills like that -- they make me want to be like Jed Clampett and load up my family and move to California away from this God-awful state where the leadership is atrocious,” Scobey said.

Pfeiffer said the bill clarifies the responsibilities of the pardon and parole board as well as the court system.

“The court system is the proper place to determine guilt or innocence,” Pfeiffer said.   

In his bill, Pfeiffer said the board should not be able to recommend a pardon or parole to anyone sentenced to death or life without parole solely because they claim their innocence or have new evidence.

The board can only recommend clemency for mercy or lenience.

The bill sparked several questions from lawmakers.

“What is the problem? Is it because Julius Jones was not executed? What's the issue here,” state Rep. Jason Lowe said.

Lowe said the only relief some inmates have is to plead their case in front of the pardon and parole board.

“The court of criminal appeals -- they don't look at exculpatory evidence, so they can't present new evidence,” Lowe said. “So if they are before the court and a witness recants, or we found new evidence or new DNA, they cannot present that to the court of criminal appeals.”

“Dual process belongs in in the court system,” Pfeiffer said. “Pardon and parole board interviews in a short amount of time. Oftentimes, their witnesses aren't even under oath, so this is something that has to go through the courts.”

The bill will now head to the House floor.