Gov. Bill Haslam grants full clemency to Cyntoia Brown

[GMDino]

https://www.tennessean.com/story/news/2019/01/07/cyntoia-brown-clemency-case-facts-story-bill-haslam/2267025002/?fbclid=IwAR3Dkp2vjOXzI5FUKNRTeBU_mqKMoXxeNRbc9OfOjC30h2hJvMythBHO23E

Quote:Gov. Bill Haslam ordered an early release for Cyntoia Brown, a Tennessee woman and alleged sex trafficking victim serving a life sentence in prison for killing a man when she was 16.


Haslam granted Brown a full commutation to parole on Monday. Brown will be eligible for release Aug. 7 on time served and will stay on parole for 10 years.


“Cyntoia Brown committed, by her own admission, a horrific crime at the age of 16," Haslam said in a statement. "Yet, imposing a life sentence on a juvenile that would require her to serve at least 51 years before even being eligible for parole consideration is too harsh, especially in light of the extraordinary steps Ms. Brown has taken to rebuild her life. 


"Transformation should be accompanied by hope.  So, I am commuting Ms. Brown’s sentence, subject to certain conditions.”


Brown will be required to participate in regular counseling sessions and to perform at least 50 hours of community service, including working with at-risk youth. She also will be required to get a job.


In a statement released by her lawyers, Brown thanked  Haslam "for your act of mercy in giving me a second chance. I will  do everything I can to justify your faith in me."


"With God's help, I am committed to live the rest of my life helping others, especially young people. My hope is to help other young girls avoid ending up where I have been."


The governor's long-awaited decision, handed down during his last days in office, brought a dramatic conclusion to Brown's plea for mercy, which burst onto the national stage as celebrities and criminal justice reform advocates discovered her case.

In his commutation, the governor called Brown's case one that "appears to me to be a proper one for the exercise of executive clemency."


"Over her more than fourteen years of incarceration, Ms. Brown has demonstrated extraordinary growth and rehabilitation," the commutation said.


It was a remarkable victory for Brown after years of legal setbacks.


Brown said she was forced into prostitution and was scared for her life when she shot 43-year-old Johnny Allen in the back of the head while they were in bed together.


Allen, a local real estate agent, had picked her up at an East Nashville Sonic restaurant and taken her to his home. 

Brown, now 30, was tried as an adult and convicted of first-degree murder in 2006. She was given a life sentence. Had Haslam declined to intervene, Brown would not have been eligible for parole until she was 69.


The state parole board, which considered Brown's case earlier this year, gave the governor a split recommendation, with some recommending early release and some recommending she stay in prison.


Lawyers for Brown applauded the governor's decision.


"This is truly a joyful moment — for Cyntoia and for all of us who have worked to help her," the statement from Charles Bone and J.Houston Gordon, Brown's lead attorneys.


"The governor's decision is proof that our justice system works and it marks the beginning" of a new chapter for Cyntoia.


In recent years, celebrities have highlighted her case, fueling intense interest and a renewed legal fight to get her out of prison.


Activists, lawmakers and celebrities, including Rihanna and Kim Kardashian West, have cited Brown's case as an illustration of a broken justice system. Brown was a victim herself, they said, and didn't deserve her punishment.


Her impending release sets the stage for her to join their ranks.


During her time in prison, Brown completed her GED and got a college degree from Lipscomb University. Her allies say she hopes to apply her education by supporting social justice issues through her own nonprofit.

DOCUMENT
PAGES
TEXT


Zoom

Loading

Loading

Loading

Loading

«

Page 1 of  2

»

The Cyntoia Brown story


AUGUST 2004
Nashville real estate agent Johnny Allen is found naked with a gunshot wound to the back of his head in his Mossdale Drive home. Brown, 16, told police he picked her up at a Sonic Drive-in. Brown said she was a teen prostitute and shot Allen, 43, because she thought he was reaching for a gun under his bed.


AUGUST 2006
A jury convicts Brown of first-degree murder and robbery.


OCTOBER 2006
Brown is sentenced to life with the possibility of parole. State officials said the law dictated that she serve at least 51 years before becoming eligible for release. Prosecutors pushed for more time because of aggravated robbery and other factors in the crime.


MARCH 2011
PBS documentary "Me Facing Life: Cyntoia's Story" airs nationally, bringing new attention to Brown's case.


JUNE 2012
U.S. Supreme Court rules that mandatory life without parole sentences for juveniles violate Eighth Amendment prohibitions against cruel and unusual punishment. 


NOVEMBER 2012
Defense attorneys push for new trial and introduce new evidence about Brown suffering fetal alcohol syndrome. 


NOVEMBER 2017
Superstar musician Rihanna again brings attention to Brown's case with the #FREECYNTOIABROWN Instagram post.


MAY 2018
The state board of parole gives Gov. Bill Haslam a split recommendation on Brown's application for clemency.


Two members vote to recommend that the governor grant clemency, allowing for her release from prison. Two vote to recommend that Haslam deny her clemency bid, meaning she would continue to serve a life sentence. Two others recommend the governor reduce Brown's sentence so she could be released after 25 years.


The split recommendations are not binding — the governor can handle the case however he chooses.


JUNE 2018
Sixth Circuit Court of Appeals hears argument on whether Brown's life sentence is constitutional. During the hearing, Brown's lawyers said state sentencing laws conflicted, making it unclear if Brown would be required to serve 51 years or life without parole. The panel of judges agreed 
Tennessee's sentencing laws were confusing and contradictory.


JULY 2018
Haslam receives a copy of parole board's report, which is thousands of pages long. His legal team begins its review of the case.


AUGUST 2018
The 6th Circuit Court of Appeals asks Tennessee's Supreme Court to clarify Tennessee's seemingly contradicting sentencing laws. 


DECEMBER 2018
The Tennessee Supreme Court issues a unanimous decision that says defendants convicted of first-degree murder on or after July 1, 1995, and sentenced to life in prison become eligible for release after serving a minimum of 51 years in prison. Their answer will inform the deliberations at the Sixth Circuit Court of Appeals.



Haslam says his team is still considering Brown's clemency petition. He expects to announce a decision before leaving office in January.

[BmorePat87]

The whole narrative of this story has been BS. While she very much may have been a victim of trafficking, she arranged to sleep with the victim and murdered him in cold blood as he slept before robbing him. After stealing his car, she returned to her pimp with the dead guy's money and property with the intent of pawning it.

But claiming she was a slave who killed the person who bought her is a better narrative. Sex trafficking is absolutely a problem, but she is a poor poster child for it.

I hope she does good with her freedom.

[fredtoast]

(01-07-2019, 02:40 PM)BmorePat87 Wrote: The whole narrative of this story has been BS. While she very much may have been a victim of trafficking, she arranged to sleep with the victim and murdered him in cold blood as he slept before robbing him. After stealing his car, she returned to her pimp with the dead guy's money and property with the intent of pawning it.

But claiming she was a slave who killed the person who bought her is a better narrative. Sex trafficking is absolutely a problem, but she is a poor poster child for it.

I hope she does good with her freedom.

Her story was BS. That is why did not deserve a pardon. But since she was only 16 at the time i agree with giving her this chance instead 51 years in prison.

[*michaelsean*]

There was an actual victim in this, and I hope all the loud mouth celebrities realize that. That being said, taking everything in total I think the original sentence was probably high.

[BmorePat87]

(01-07-2019, 03:50 PM)fredtoast Wrote: Her story was BS. That is why did not deserve a pardon. But since she was only 16 at the time i agree with giving her this chance instead 51 years in prison.

(01-07-2019, 04:01 PM)michaelsean Wrote: There was an actual victim in this, and I hope all the loud mouth celebrities realize that.  That being said, taking everything in total I think the original sentence was probably high.

I agree with the idea that the 51 year sentence before parole for a 16 year old was high. 

[Sociopathicsteelerfan]

Meanwhile the victim is still dead, maybe Haslam can bring him back to life?  As has been stated before me in this thread, the entire media driven narrative of this case was based on lies and misinformation.  What kind of country do we live in that we vilify the police and advocate for murderers? Good to see this news cheers up the usual suspects though.  I wonder if they'd feel any differently if it was their father, brother or son who had been murdered by this woman?

[GMDino]

I'm just happy that this woman doesn't have her entire life thrown away ver her horrible choices and her awful start.

I believe this is how the legal system works.

I also have experienced this on a personal level.  Not my child, but a relative who was killed.  It was an accident (allegedly) and I knew the killer too.  He's related to my wife.

Good kid with a bad start and not much of a chance.

In prison he got his GED and learned a work skill.  He's out on probation now and has a chance to be a better person. 

That doesn't take away the pain from the family of the person killed...but keeping him in jail forever would not also.  

Sometimes we have to look at the individual circumstances and see if, as a society, we can try and make it better despite our innate desire to punish completely.

Maybe that's just me...but I see others who agree that the initial sentencing was too harsh for other reasons too.  So maybe it's not just me.

[Sociopathicsteelerfan]

(01-07-2019, 05:09 PM)GMDino Wrote: I'm just happy that this woman doesn't have her entire life thrown away ver her horrible choices and her awful start.

I believe this is how the legal system works.

Actually, no, that's not how the legal system works.  Crimes have proscribed punishments.  First degree murder coupled with robbery comes with the highest possible punishments.

Quote:I also have experienced this on a personal level.  Not my child, but a relative who was killed.  It was an accident (allegedly) and I knew the killer too.  He's related to my wife.

So not murdered in cold blood but killed in an accident.  While I sympathize with your loss those are not remotely the same thing.

Quote:Good kid with a bad start and not much of a chance.

In prison he got his GED and learned a work skill.  He's out on probation now and has a chance to be a better person. 

So not first degree murder and he's out on parole now (not probation) after improving himself while detained.  Now that's how the criminal justice system is supposed to work.

Quote:That doesn't take away the pain from the family of the person killed...but keeping him in jail forever would not also. 

 I completely agree.  But he also didn't commit first degree murder and robbery.

Quote:Sometimes we have to look at the individual circumstances and see if, as a society, we can try and make it better despite our innate desire to punish completely.

By sometimes do you mean when you become a cause celeb and people spread deliberate falsehoods about your crime?

Quote:Maybe that's just me...but I see others who agree that the initial sentencing was too harsh for other reasons too.  So maybe it's not just me.

Too harsh?  maybe.  You also don't see a single other person agreeing with you on outright clemency.  You want to commute her sentence to twenty-five or thirty years, I think most people could live/agree with that.  Serving fourteen years for first degree murder coupled with robbery is obscene.

[GMDino]

(01-07-2019, 05:19 PM)Sociopathicsteelerfan Wrote: Actually, no, that's not how the legal system works.  Crimes have proscribed punishments.  First degree murder coupled with robbery comes with the highest possible punishments.



So not murdered in cold blood but killed in an accident.  While I sympathize with your loss those are not remotely the same thing.



So not first degree murder and he's out on parole now (not probation) after improving himself while detained.  Now that's how the criminal justice system is supposed to work.



 I completely agree.  But he also didn't commit first degree murder and robbery.



By sometimes do you mean when you become a cause celeb and people spread deliberate falsehoods about your crime?



Too harsh?  maybe.  You also don't see a single other person agreeing with you on outright clemency.  You want to commute her sentence to twenty-five or thirty years, I think most people could live/agree with that.  Serving fourteen years for first degree murder coupled with robbery is obscene.

I'm not shocked we disagree...lol.

My your god bless you.

[Sociopathicsteelerfan]

(01-07-2019, 05:23 PM)GMDino Wrote: I'm not shocked we disagree...lol.

Everyone in this thread disagrees with you, so I can see why it wouldn't be shocking.

[fredtoast]

(01-07-2019, 04:44 PM)Sociopathicsteelerfan Wrote: Meanwhile the victim is still dead, maybe Haslam can bring him back to life? 

Does giving a 16 year old a 51 year prison term with no parole bring back the dead?

I agree that her story was BS, but the sentence was too severe for a 16 year old.  And it would not have made any difference if the victim was someon in my family.  Don't know why you are so sympathetic for a dirty old criminal who got killed breaking the law.

[*bfine32*]

(01-07-2019, 09:08 PM)fredtoast Wrote: Does giving a 16 year old a 51 year prison term with no parole bring back the dead?

I agree that her story was BS, but the sentence was too severe for a 16 year old.  And it would not have made any difference if the victim was someon in my family.  Don't know why you are so sympathetic for a dirty old criminal who got killed breaking the law.

What would have been a proper sentence? 

[Sociopathicsteelerfan]

(01-07-2019, 09:08 PM)fredtoast Wrote: Does giving a 16 year old a 51 year prison term with no parole bring back the dead?

Nope, but it does adequately punish the murderer.

Quote:I agree that her story was BS, but the sentence was too severe for a 16 year old.  And it would not have made any difference if the victim was someon in my family.  Don't know why you are so sympathetic for a dirty old criminal who got killed breaking the law.

I think if you read my posts in this thread I stated that a reduction in sentence would not have been out of order, but fourteen years for 1st degree murder and robbery is obscene.  I'm not sympathetic to the victim's procuring a prostitute in violation of the law.  I am sympathetic to his being murdered in his sleep and then having his possessions stolen.  Unless you're advocating that his crime warranted a death sentence.  Oddly enough, you've agreed with me on this case in the past, I guess you just couldn't resist being contrary where I am concerned.

[fredtoast]

(01-07-2019, 09:26 PM)bfine32 Wrote: What would have been a proper sentence? 

(01-07-2019, 09:30 PM)Sociopathicsteelerfan Wrote: but fourteen years for 1st degree murder and robbery is obscene.

Juvenile justice system is totally different from the adult criminal justice system.  Juvenile justice system is supposed to be based on counselling and helping juveniles fix their problems.  So I would be in favor of a sentence that allows the jof uvenile to be released when a psychologist says she is able to function in society. And that release would be to supervision (probation or parole) with continuing obligations counselling and controlling behavior.

How long do you guys think a 16 year old should be locked up for these charges?

[*bfine32*]

(01-07-2019, 10:12 PM)fredtoast Wrote: 1. Juvenile justice system is totally different from the adult criminal justice system.  Juvenile justice system is supposed to be based on counselling and helping juveniles fix their problems.  So I would be in favor of a sentence that allows the juvenile to be released when a psychologist says she is able to function in society.

2. How long do you guys think a 16 year old should be held for these charges.

1. Hell they could have gotten a psychologist to say that before she ever went to Prison.

2. As long as a duly appointed jury/judge sentences; unless there is proof to prove innocence after the fact. 

[fredtoast]

(01-07-2019, 10:16 PM)bfine32 Wrote: 2. As long as a duly appointed jury/judge sentences; unless there is proof to prove innocence after the fact. 

And you accuse me of refusing to answer your questions.

If you were drafting legislation what do you think an appropriate length of sentence would be for this crime committed by a 16 year old?

[fredtoast]

(01-07-2019, 10:16 PM)bfine32 Wrote: 1. Hell they could have gotten a psychologist to say that before she ever went to Prison.

You would not say that if you had any oidea how the Juvenile Justice system works here.

99% of the juveniles locked up in Tennessee are on inderterminate sentences.  How could that be possible if everyone can get a psychologist to say they don't have to be locked up?

[*bfine32*]

(01-07-2019, 10:27 PM)fredtoast Wrote: And you accuse me of refusing to answer your questions.

If you were drafting legislation what do you think an appropriate length of sentence would be for this crime committed by a 16 year old?

How the hell did I dodge the question? I said as long as they were sentenced; as I don't get to hear the details of every case. Not sure how much more declarative I could be. 

Maximum death/ minimum probation. Let the courts decide the in between.   

[Sociopathicsteelerfan]

(01-07-2019, 10:12 PM)fredtoast Wrote: Juvenile justice system is totally different from the adult criminal justice system.  Juvenile justice system is supposed to be based on counselling and helping juveniles fix their problems.

Very true and I'm well aware of this.  However, she was tried as an adult hence your points are irrelevant.  But then, you knew that was the case or she wouldn't be in state prison.

 

Quote: So I would be in favor of a sentence that allows the jof uvenile to be released when a psychologist says she is able to function in society. And that release would be to supervision (probation or parole) with continuing obligations counselling and controlling behavior.

In-determinant sentencing is not legal.  I would think you'd be aware of this.

Quote:How long do you guys think a 16 year old should be locked up for these charges?

I've already stated that 25-30 before consideration for parole would be acceptable to me.

[Sociopathicsteelerfan]

(01-07-2019, 10:32 PM)fredtoast Wrote: You would not say that if you had any oidea how the Juvenile Justice system works here.

99% of the juveniles locked up in Tennessee are on inderterminate sentences.  How could that be possible if everyone can get a psychologist to say they don't have to be locked up?

I was not aware of this.  Indeterminate sentencing is not a thing here in CA.  Ignore my point in the previous post.