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  • 12
    Jan
    2013
    1:21am, EST

    Man pardoned by Gov. Haley Barbour linked to deadly barbeque shootout

    By Kari Huus, Staff Writer, NBC News

    A man on a long list of people pardoned by Mississippi Gov. Haley Barbour in 2012 is a suspect in a shootout that left another man dead, the Jackson Free Press reported Friday.

    Wayne "Honkey" Harris, who was one of 203 people pardoned during Barbour’s last week in office — touching off a storm of controversy and a legal battle — was attending a “friendly cookout,” on Thursday when he got into an argument that escalated into a gunfight, the Calhoun County Journal reported.


    In the melee, Chris McGonagill was shot multiple times, allegedly by Harris, and died later at the hospital. Harris was shot twice, allegedly by McGonagill, and was hospitalized with a shattered femur and a bullet lodged in his side,  according to the Journal. Harris was due for surgery Friday afternoon, the report said.

    Harris, whose gun was allegedly used in the shootout, was permitted to own a gun because of the 2012 pardon had wiped his record clean of a 2001 felony conviction for selling marijuana.

    Three other men were present when the shooting occurred and were being questioned as witnesses, the Jackson Free Press reported, citing Calhoun County Sheriff Greg Pollan.

    Pollan told the Journal that at least 13 shots were fired, but they did not know who had fired first. No charged had been filed as of Friday evening.

    Barbour pardons, many issued the day that his successor was inaugurated in January 2012, wiped the record clean for many people who had already served time for their crimes. It also granted release to some inmates and pardoned four people convicted of murder, the Christian Science Monitor reported.

    Controversy over the list led to a legal challenge but the Mississippi Supreme Court in March ruled 6-3 to reaffirm the governor’s right to use his executive powers to grant clemency.

    Barbour defended the pardons as well-considered acts of mercy, the Monitor reported, citing a statement he issued at the time:

    "These were decisions based on repentance, rehabilitation, and redemption, leading to forgiveness and the right defined and given by the state constitution to the governor to offer such people a second chance."

    115 comments

    congratulations, haley. what a great law-and-order politician.

    Show more
    Explore related topics: mississippi, crime, haley-barbour, pardon, law-justice, kari-huus
  • 9
    Feb
    2012
    12:35pm, EST

    Miss. high court ponders validity of former Gov. Barbour's pardons

    Pete Williams reports on Thursday's hearing.

    By msnbc.com staff and news services

    Updated at 2:26 p.m. ET: JACKSON, Miss. – Attorneys for a group of inmates told the Mississippi Court on Thursday that former Gov. Haley Barbour's decision to pardon nearly 200 people, including some convicted murderers, during his last hours in office was constitutional.

    The Mississippi Supreme Court  was holding the hearing to determine whether Barbour's pardons are valid.

    Attorney Thomas Fortner said that previous pardon rulings suggest the governor's pardon power is absolute and cannot be reviewed by judges.


    "If you have a valid pardon signed by the governor ... it is not open to judicial review," Fortner told the court.

    "The governor as the chief executive is granted the power to pardon and is the judge of the propriety of the publication," he said. "The constitution does not give the power to anybody to review that."

    Attorney General Jim Hood, arguing for the state, contended that pardon power is not absolute and that courts can review the constitutionality of the governor's acts. He also contended that if ads notifying the public weren't run in daily papers every day for 30 days, or weekly newspapers once a week for five weeks, the pardons aren't valid.

    Rogelio V. Solis / AP

    Mississippi Attorney General Jim Hood, right, listens as attorney Thomas Fortner, left, who represents a group of former inmates, tells the Mississippi Supreme Court on Thursday that former Gov. Haley Barbour's pardons of them are valid.

    "We agree that the wisdom of the governor in granting a pardon, and to whom he grants that pardon, is not an issue that we’re concerned with,” Hood told the justices. “What a court  does have jurisidiction to address is whether or not that pardon itself is valid, whether it violates our constitution.”

    Several victims and family members of victims were among those in attendance watching the arguments.

    Chief Justice Bill Waller Jr. said no decision would be announced Thursday, but did not say when the court might rule.

    Before leaving office Jan. 10, Barbour granted pardons to 198 people and granted other types of reprieves such as sentence suspensions and medical releases to others. Only the pardons required publication of intent.

    Ten of the people pardoned were incarcerated at the time Barbour, a Republican, signed the orders. Five governor's mansion trustees were released before Hood, the only Democrat in statewide office, got a lower court judge to issue a temporary restraining order. That restraining order has kept five other pardoned inmates behind bars until the legal challenge is decided.

    Many of those others who were pardoned had been out of prison for years and in some cases for decades, but their chance of having their rights restored could be wiped out in the legal battle over the pardons of those convicted of violent crimes. Hood has said only 22 of them published the proper notification.

    Barbour has said he's at peace with the pardons because his Christian faith teaches about redemption. He accused Hood of trying to score political points.

    The Associated Press contributed to this story.

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    18 comments

    Get over it GOpTBaggers, you wanted him, you got him...

    Show more
    Explore related topics: mississippi, haley-barbour, pardon
  • 12
    Jan
    2012
    5:50pm, EST

    Experts: Barbour pardons appear done in 'haste,' lack key information

    On his last days in office, Mississippi Gov. Haley Barbour confused many of his constituents when, without explanation, he granted pardons or early releases to more than 200 convicts. NBC's Mark Potter reports.

    By Miranda Leitsinger, Staff Writer, NBC News

    Many of the more than 200 pardons by Haley Barbour during his last day as Mississippi's governor seemed to have been done in haste, with information missing from the clemency warrants -- which did not have the “look of full technical and procedural regularity,” experts say.

    Sentencing information for many of those pardoned, given clemency or granted early release in one of Barbour's final acts as governor was not included on many of the clemency warrants. And, one of the documents even had a semicolon instead of the date the person was discharged on, said P.S. Ruckman Jr., an associate professor of political science at Rock Valley College in Rockford, Ill., who reviewed each of the executive orders.

    A typical presidential pardon, said Ruckman, would include standard information, such as offense committed and when the crime occurred.

    "So I went to those warrants expecting to find that kind of standard information and ... most of them had maybe, I would say, half of that information. The rest of them were missing some date, one way or another, or some piece of information, like not telling you what the sentence was,” he said.

    "When you don’t know how severe the punishment was, then you know, I guess you could be of such a mind to say, well, he was hiding that information so a standard person ... couldn’t kind of see how egregious some of these offenses were," he added.

    But Ruckman said he didn't think that was the case. "I think it was just a matter of they were in a rush and they were pumping these things out fast, and so they just didn’t bother to fine track down that information and, or, to write it in the clemency warrant."

    Former Mississippi governor Gov. Haley Barbour's pardons may have violated the state constitution. NBC's Mark Potter reports.

    Barbour: I followed Parole Board recommendations
    Following a public outcry over his action, Barbour issued a statement Wednesday evening saying 189 of those pardoned were already out of prison and 13 of the 26 inmates released had cost the state a lot of money because of medical expenses.

    Of the 214 cases, 198 received full, complete and unconditional pardons, while the rest was a mix of medical and conditional suspensions of sentences plus a conditional clemency.

    "My decision about clemency was based upon the recommendation of the Parole Board in more than 90 percent of the cases," said the statement, reported by WTVA of Tupelo.

    Mississippi Circuit Judge Tomie Green has temporarily blocked the release of 21 inmates over questions about whether a law had been followed that requires the publication -- 30 days in advance -- of legal notice of plans to pardon, The Associated Press reported.

    “Bill Clinton’s clemency warrants had that kind of look toward the very end when he pardoned all those people," Ruckman said. "Those warrants are just a big mess, and it took a while for scholars to go through them … because they failed to kind of follow the normal procedures and so, actually for some people, there weren’t ... any warrants at all to be found.

    "It wasn’t because they were hiding anything … it was just being done at the last minute,” he added.

    What made Barbour's actions different were the number of "wholesale pardons of people guilty of violent crimes” and that he had issued less than a dozen pardons during his eight-year term -- and people were only expecting up to 10 more as he left office, said Matt Steffey, a professor of criminal and constitutional law at Mississippi College in Jackson.

    Tiffany Brewer, whose sister was killed by one of the those pardoned, shares her reaction to a Mississippi judge granting a temporary block of the release of 21 inmates, who were among the 200 either pardoned or given medical release by Republican Gov. Haley Barbour before he left office Tuesday.

    Some of the crimes prisoners received pardons for included murder, manslaughter, robbery, kidnapping and rape.

    “This appears to be concluded and issued in haste,” Steffey said of the clemency action, noting his first reaction to the pardons and warrants "was that it did not have the look of full technical and procedural regularity that you usually see. It just didn’t.”

    "I think that this left everybody on the outside scrambling and wondering what exactly was the process inside the governor's office,” he added. "Normally, we hear out of Gov. Barbour a call to law and order ... and it seems like less than a full measure of accountability is in place here.”

    A telephone call placed to the Parole Board on the pardons' process was not immediately returned.

    Why did Barbour wait?
    Ruckman noted that though last-minute pardons are fairly common, recommendations from a parole board don't show up overnight.

    "This is a power he just completely ignored all but, and then right before he leaves office ... 200, so that looks kind of egregious," he said. "There’s one guy in the pool whose offense was committed 51 years ago … is it really plausible to say that guy never deserved clemency until Barbour’s last day in office? I just don’t buy that."

    Some in Mississippi have speculated that Barbour, a popular governor, had decided the pardons were in the public interest, Steffey said.

    But others, including relatives of some victims, have expressed outrage.

    Slaying victim's sister to Barbour: 'I want answers'

    "Barbour essentially told the public, 'Well, people just misunderstand what’s going on,'" Steffey said. "Perhaps they misunderstand because the governor didn’t explain to the public what he was doing and why … how would the public know that many of these people are not in prison or have served their time or are deceased, because no statement accompanied these acts of clemency."

    In the end, Barbour's actions "cast a shadow" over what should be celebratory days for those receiving the pardons, Ruckman said.

    “This is the shame of it all. I have no doubt that many, if not most, of the people in there … were well deserving," he said. "The way this was done at the last second … kind of makes it look shady and suspicious, and there’s no need for that." 

    Follow @mimileitsinger

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    84 comments

    Barbour is a total Idiot.......................

    Show more
    Explore related topics: crime, haley-barbour, pardons

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