Original Photo (owned by G.L. Morgan) Entitled "Enjoying Their Freedom," July 26, 1937: Samuel B. Leibowitz and the 4 Scottsboro Case defendants wave farewell as they leave for New York after viewing a movie in Cincinnati, Ohio. The four which were freed: Eugene Williams, Roy Wright, Willie Roberson and Olen Montgomery.
The proposed "Scottsboro Boys" pardon is a faux pardon. A politically motivated feel good measure which does not represent justice in any sensible terms. http://www.waaytv.com/news/local/story/Morgan-Co-republicans-ask-for-Scottsboro-Boys/0SmrAf1w3U2K2NXR9KleAA.cspx
Legal Definition of Pardon: The action of an executive official of the government that mitigates or sets aside the punishment for a crime. The granting of an unconditional pardon fully restores an individual's civil rights forfeited upon conviction of a crime and restores the person's innocence as though he or she had never committed a crime.
Pardon facts in Alabama: Under the Alabama Constitution, the pardon power is shared between the Governor and the Legislature.The Constitution gives the Legislature the power to regulate the administration of pardons... http://www.pardon411.com/wiki/Alabama_Pardon_Information
--Mason v. State, 103 So.2d 337 (Ala. Crim. App. 1956)(“Instead of blotting out the existence of the guilt of an offender, the very acceptance of a pardon is an implied acknowledgement of guilt . . . .A pardon cannot wipe out the historical fact of the conviction, and as appropriately stated by one court, it involves forgiveness, and not forgetfulness.”) aff’d, 103 So.2d 341 (1958); see also Randolph County v. Thompson, 502 So.2d 357 (Ala. 1987)
--Any arrest or conviction will continue to be part of the criminal history record even if a pardon is granted. Johnson v. State, 421 So.2d 1306 (Ala. Crim. App. 1982), cert. denied, 439 So.2d 1340 (Ala. Crim. App. 1983). Alabama does not have an option for expungement of a conviction.
It is not possible to make the Scottsboro Defendants whole again by the proposed faux pardon. What is the purpose of this pardon and is it possible to acquire Justice in this case? I say, "if you want justice, put your money where your mouth is," I make two suggestions and explore the issues: http://thedailysentinel.com/
Links to news reports on the proposed faux pardon:
Birmingham News- http://blog.al.com/spotnews/2012/08/pardons_sought_for_the_remaini.html#incart_river_default
Huntsville Times Opinion-
http://blog.al.com/times-views/2012/08/pardoning_the_scottsboro_boys.html
Scottsboro Daily Sentinel- http://thedailysentinel.com/news/article_ba6b64a2-e8bb-11e1-a20a-0019bb2963f4.html OpEd- http://thedailysentinel.com/opinion/editorials/article_6535445e-eb99-11e1-acad-0019bb2963f4.html
Scottsboro Stories: http://scottsborostories.blogspot.com/
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