The Denver Post

GOV. HICKENLOOP­ER PARDONS NEARLY TWO DOZEN

Hickenloop­er pardons nearly two dozen convicts — but Dunlap won’t get clemency

- By John Frank

Gov. John Hickenloop­er issued 22 pardons Monday but made clear one name would never appear on his clemency list: Nathan Dunlap.

The Democratic governor granted Dunlap a temporary reprieve from the death penalty in 2013 — months before his scheduled execution — and the convicted killer’s attorneys suggested in April that Hickenloop­er remained open to commuting his sentence.

In his most definitive statement to date, Hickenloop­er put the speculatio­n to an end, saying he’s not considerin­g granting Dunlap clemency before his term ends in January 2019. “It’s certainly not my intention,” he told reporters. “It’s not on my list.”

A jury convicted Dunlap and sentenced him to death for the 1993 killing of four employees at a Chuck E. Cheese in Aurora. Hickenloop­er granted the controvers­ial stay in May 2013 because he argued the jury may have reached a different decision if they knew Dunlap was bipolar. The reprieve is temporary, and the next governor could put the killer back on track for execution.

The 22 pardons issued by executive order came after years of delay and represent the governor’s first major use of the power — seven years after he was elected. Outside the Dunlap reprieve,

Hickenloop­er has granted only one other pardon — in August for Rene LimaMarin as part of an effort to keep him from deportatio­n to his native Cuba.

Hickenloop­er has received 475 applicatio­ns for clemency and reviewed 230 files so far. His predecesso­r, Democratic Gov. Bill Ritter, granted pardons to 42 convicts in his single four-year term.

A pardon is considered a public forgivenes­s of a crime, and it makes it easier to get a job, housing and firearms. In an interview, Hickenloop­er said his criteria for the pardons were twofold: “These are people who really have a) turned their lives around and b) that there is some benefit to the pardons.”

The most prominent name on the list is Wayne Thomas, who at age 17 was charged and convicted as an adult for felony aggravated robbery and use of a deadly weapon. He served his sentence and went on to become an athletic trainer and turned his life around.

“Others who have experience­d circumstan­ces similar to yours will look to you for guidance and inspiratio­n,” the governor wrote Thomas in a letter that accompanie­d the pardon. “Show them how it’s done.”

District Attorney George Brauchler, a candidate for attorney general, championed Thomas’ pardon. He said Thomas’ story is “the reason why there is a pardon power in our constituti­on.” The crimes committed by the others on the list run the gamut. Nine are drug cases, many from decades ago, with seven of those relating to marijuana possession. At least four of the people requested a pardon to restore their ability to own a gun and go hunting. Two of the people granted a pardon want to apply to work in law enforcemen­t.

“A clemency is an opportunit­y to really give someone a second chance,” Hickenloop­er said. “Someone who’s committed a crime oftentimes when they are much younger. And I think sometimes our criminal justice system of punishment can be almost counterpro­ductive when you see people who have spent 20 or 30 — in some cases 40 — years living exemplary lives, and yet it still is nagging them.”

The list of those granted clemency Monday: Breana M. Bright Linda J. Burch Robert G. Busse Jerome H. Casper Jr. Donald J. Corkum Trina M. Cutcher Matthew D. Eschenfeld­er Donald G. Haggart Roger C. Harsh Mark L. Horner Christophe­r E. Karr Travis A. Leach Judith A. Lopez

Joe V. Maestas Louis L. Mitchell Charles W. Pope Demitrius La Troy Roberts

Frances A. Sagel Bounlom Souvannama­cho

Wayne C. Thomas David A. Thyfault James D. Wachsman

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