JACKSON, MS (Mississippi News Now) -
Like it or not, pardons issued by former Governor Haley Barbour are valid. That's the ruling of the Mississippi Supreme Court.
In their opinion, the justices wrote, "We are compelled to hold that, in each of the cases before us, it fell to the governor alone to decide whether the constitution's publication requirement was met." It was a 6-3 opinion.
"Kind of took the wind out of my sails for a few minutes."
That's how Randy Walker says he felt when he heard of the Supreme Court's 6-3 opinion.
Walker said, "I'm proud of those 3. I think the other six did what was political and not what was right for the people of Mississippi."
Walker survived a gunshot wound to the head by David Gatlin, who also shot and killed his estranged wife as she held their baby. Gatlin, a trusty in the governor's mansion, was one of 198 people pardoned by outgoing Republican governor Haley Barbour. Ten of those pardoned were incarcerated at the time, including Katherine Robertson, represented by Jackson attorney John Colette.
Colette said, "The court's right, this was purely a legal issue. Don't get caught in this political spin of one party against the other; the spin as far as letting murderers and rapists go free."
Hattiesburg attorney Tom Fortner, who argued before the justices in behalf of four of those pardoned, had this reaction:
Said Fortner, "While I'm pleased with the decision, I truly understand that a lot of people are going to be hurt or fell hurt by this decision and I'm sorry for that. I can't put myself in their shoes. I don't know how they feel. I can tell you that my four clients have never expressed ill will or bad feelings toward anyone involved in any of these cases. They are not gloating about this. I think they are pleased and relieved."
Mississippi Attorney General Jim Hood, a Democrat, persuaded a lower court judge to issue a restraining order that kept at least five inmates in prison. In response to the high court's opinion, Hood released this statement which said in part, '"We do respect the decision of the court, but feel deeply for how it must weigh on the victims and their families. It is these victims and family members who have lost today and the criminals who have won."
Former Governor Haley Barbour issued this response, "As I've stated from the beginning, I recognize and respect the natural feelings of victims and their families and I know this has been difficult for many of them.That is why pardons are always subject to a lot of criticism and are generally unpopular. Nevertheless, 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."
In their opinion, the justices wrote "We are compelled to hold that - in each of the cases before us - it fell to the governor alone to decide whether the Constitution's publication requirement was met."
Ed Pittman said, "Sometimes you over think yourselves and I think in this instance, the court over thought itself."
Pittman is a former Chief Justice of the state Supreme Court and a former Mississippi Attorney General.
He said, "If it's written in the constitution, it's there. It has some meaning and we should've given meaning to both the governor's pardon and the notice."
Meanwhile, Randy Walker says he will continue his effort to persuade state lawmakers to re-tool the governor's pardon power, even though such a bill has already been allowed to die. He says a conservative consensus is that 70-percent of Mississippians want that change.
Walker said, "In that 70-percent, our own new governor Phil Bryant has said that he's for these bills and they limit his power. That oughta speak volumes."
Mississippi Department of Corrections spokeswoman Tara Booth says pardoned inmates who are still in jail will be released 48 hours after law enforcement and prosecutors are notified in the county where they were convicted.
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