FOR IMMEDIATE RELEASE:
Friday, November 26, 2004
ANNAPOLIS – Governor Robert L. Ehrlich, Jr. today granted executive clemency to seven individuals.
Among those Governor Ehrlich granted clemency to is Mary Washington Brown, 46, of Baltimore. Brown was convicted of First-Degree Murder in 1974, in the stabbing death of Charlotte Ida Lessem. Brown and a co-defendant robbed the North Carolina resident in a Greyhound Bus Station. Apparently, Ms. Lessem resisted the theft and was stabbed as the confrontation escalated. Brown was 15 years old when she committed the offense, which followed a turbulent youth, including abuse by her stepfather, who killed Brown’s mother in her presence.
Brown has served over 30 years in prison and is one of the longest serving female inmates in the State of Maryland. While in prison, Brown has been an exemplary inmate. Moreover, she has compiled an impressive record of practical instruction, work experience, and institutional adjustment. She earned her general equivalency degree (GED) in 1975, approximately the same time she would have graduated from high school, an Associate of Arts Degree from the Community College in Baltimore, and is 15 credits shy of a Bachelor’s Degree in Human Resources from Morgan State University. Vocationally, her experiences range from Housekeeping, Maintenance, Braille, Upholstery, Supply Clerk, Customer Service, and Computer Programming. State Use Industries has employed Brown for 15 years as a data entry operator. Additionally, Brown successfully participated in the Work Release program. She is presently a chief facilitator for the Alternatives to Violence Workshop and continues to be involved in the “Blankets for the Homeless” project and the “Head-Huggers” project, which provides blankets and bonnets to premature infants across the State.
The Governor’s decision to conditionally commute Brown’s life sentence to a fixed term of 60 years will not release Brown from the immediate custody of the Division of Correction. Prior to parole eligibility, Brown must complete 12 months of work release while observing good behavior. The victim's family, the Maryland Parole Commission and the State's Attorney's Office for Baltimore City were consulted on the commutation.
This is the second occasion in which the Maryland Parole Commission has recommended Mary Washington Brown for executive clemency.
“The death of Charlotte Ida Lessem was a horrific crime perpetrated against her, and against society as a whole. We all still grieve for Ms. Lessem,” said Governor Ehrlich.
“Mary Brown’s life experience, her willingness to share that experience with other troubled individuals, and her continued rehabilitation will ensure that Ms. Lessem’s death, while senseless, is one that will be remembered for the hope it restored in the life-changing power each individual possesses regardless of his or her circumstance in life,” Governor Ehrlich continued.
In addition, Governor Ehrlich conditionally commuted the sentence of Walter Henry Arvinger, 55, to life suspend all but 45 years with conditions. Arvinger has been serving a life sentence for First Degree Murder since November 4, 1968. At age 19, he was one of four co-defendants that plotted to rob James R. Brown as another co-defendant beat Mr. Brown about the head with a baseball bat. Arvinger did not wield the weapon yet has served more time in prison than his co-defendants, including the individual who perpetrated the murder. He has not received an infraction during the past 25 years of his incarceration. The State’s Attorney’s Office for Baltimore City had no objection to the consideration of Walter Arvinger for executive clemency. This is the second time the Maryland Parole Commission has recommended executive clemency in this case.
Under Maryland law, an inmate sentenced to life imprisonment for murder in the first degree may be eligible for parole after serving 25 years. The Maryland Parole Commission is charged with investigating parole requests. If a request warrants a recommendation, the Commission will forward their recommendation to the Governor. An eligible inmate who is serving a term of life imprisonment may be paroled only with the Governor’s approval.
“These cases are a reflection of my view that Maryland’s criminal justice system must be tough but fair. I am committed to seeing that justice always prevails, whether it be regarding a pardon, commutation, parole or death penalty case. The citizens of Maryland expect and deserve no less,” said Governor Ehrlich.
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Further, the Governor granted four pardons. Pardons were granted to:
Finally, Governor Ehrlich conditionally commuted the sentence of Clifford Wayne Sewell, 40, to a straight term of twenty years. He was originally sentenced to twenty-five years without parole in 1992 for daytime housebreaking pursuant to the habitual offender statute of Article 27 of the Annotated Code of Maryland, Section 643B(c). In 1994, the Maryland General Assembly reclassified the offense of daytime housebreaking as a non-violent offense, meaning that it can no longer be used as a “strike” for purposes of Maryland’s three strikes law; however, this change in the law was not made retroactive.
The Secretary of State advertised pardon and commutation applications for grantees on November 12, 2004, in The Daily Record. The commutation request of Mary Washington Brown was also published in the Fayetteville Observer.
Under Article II, Section 20 of the Maryland Constitution, the Governor may grant reprieves and pardons. The legal process to grant a pardon as set forth in Correctional Services Title §7-206 authorizes the Maryland Parole Commission (“MPC”) to review and make recommendations to the Governor concerning a pardon, commutation of sentence, or other clemency. This nonbinding recommendation is submitted to the Governor for review. The Governor may choose to accept, modify, or reject MPC’s recommendation. For purposes of effectuating a pardon, the Governor must issue a written executive order under the great seal. In addition, the Governor “shall give notice, in one or more newspapers, of the application made for pardon, and of the day on, or after which, his decision will be given.”
BACKGROUND:When a person’s sentence is commuted, unless there are special conditions attached, the procedure is for the Division of Correction to begin the process of releasing the individual. In the case of Mary Brown, special conditions apply. Her sentence is commuted to 60 years, and she must complete 12 months of work release before being parole eligible. After successfully completing the work release requirement, Ms. Brown must have a Parole Hearing and the Maryland Parole Commission (MPC) will determine whether to approve her for parole at that time.
Regarding Mr. Arvinger, the Division of Correction will be examining the diminution credits he has earned over the past 36 years, and these credits will be subtracted from the new sentence of 45 years, and his release date will be determined based on that figure. It is expected that Mr. Arvinger will be released shortly.
Regarding the pardons – these individuals submitted applications for pardons to the Maryland Parole Commission to ask that they be pardoned for prior convictions. After thorough review of the application, the Commission determines if the applicant is eligible according to Maryland guidelines. If eligible, the Commission makes a request of Division of Parole and Probation to conduct an Executive Clemency investigation on the petitioner. Once that investigation is completed, it comes back to the Commission for review. If there is a positive review, it goes before the Governor for his approval or denial. The Maryland Parole Commission has as a goal to send 20 petitions per month to the Governor.