MY PLEA TO GOVERNOR QUINN: PARDON THOSE CONVICTED BY "OPERATION GREYLORD" JUDGES

Dear Governor Quinn:

I am requesting you pardon and expunge the records of hundreds, if not thousands, of people who were convicted and sentenced by "Operation Greylord" judges. Several Greylord Judges (Courtesty of FBI)The FBI was successful at rooting out the evils of 17 Cook County judges; however, those who were the victims of the judges' convictions and sentencings were completely ignored.

Operation Greylord is the name of an FBI investigation in the 80's that spanned over the course of 3 1/2 years. As you know, Operation Greylord is still recognized to this day as one of the FBI's most successful undercover investigations. The first listening device ever placed in a judge's chambers occurred in the undercover phase, when the narcotics court chambers of Cook County Circuit Court Judge Wayne Olson were bugged. Over 100 people were indicted. The last conviction was that of Judge Thomas Maloney, who was convicted of fixing three murder cases. Maloney was released from federal prison in 2008. A total of 92 people were indicted, including 17 judges, 48 lawyers, ten deputy sheriffs, eight policemen, eight court officials, and a member of the Illinois Legislature. (See Wikipedia for further information.)

As a result of the corruption within Cook County, many people were wrongly convicted and sentenced to crimes they did not commit or they were not given a fair trial because of their attorney and/or judge's involvement in their case.

Judge Ciavarella Your pardoning and expunging the records of these individuals would follow suit of the Pennsylvania Supreme Court. On October 29, 2009, the Court ruled that almost all juvenile cases heard by Luzerne County Judge Mark Ciavarella from Jan. 1, 2003 to May 31, 2008 must be thrown out. Judge Ciavearella has been indicted for "taking millions of dollars in kickbacks from owners of private detention centers in exchange for placing juvenile defendants at their facilities, often for minor crimes." Article here.

Over 6500 juveniles will have their records expunged. Many states automatically expunge a juvenile's criminal record; however, Pennsylvania does not. (Here, in Illinois, juvenile records are also not automatically expunged; instead, a petition must be filed and the judge must enter an order to expunge the juvenile record.)

Greylord judges were not juvenile judges but the issue is still the same: like Judge Ciavearella, Greylord judges did not act impartially but instead had a vested interest in cases by getting paid by defense attorneys in exchange for favorable sentence.

For example, one man pleaded guilty to a crime he did not commit because his attorney (whom he met when the attorney approached him in the hallway the first day of court) told him that if he signed over his bond money, the attorney would "make the case go away." Little did the man know that he was pleading guilty to felony probation and would be a convicted felon for the rest of his life.

Each person's story is different, of course, but in the fairness of justice, I believe it is only appropriate to remove the crimes of those convicted by the 17 Greylord judges. Too many lives have been permanently ruined by corrupt judges. The incarceration of the Greylord judges is only one piece of righting their wrongs. The victims in these cases should also be rehabilitated by an pardon and or expungement of any case heard before the Greylord judges.

Governor Quinn, thousands of Illinois residents were affected by the Greylord corruption. The FBI did an incredible job at rooting out the evils within the justice system but rehabilitating the victims somehow was dismissed.

I know you are incredibly busy dealing with other serious matters; however, the power to pardon is an enumerated power given soley to you, our Governor.  Political backlash often follows after a pardon is granted but, in this case, your actions are would be clearly reasonable and justified. I look forward to hearing your response to my request.

Sincerely,

Tamara N. Holder - Attorney for and on behalf of Greylord victims

www.xpunged.com

AS NUMBER OF JOBLESS INCREASES, NUMBER OF THOSE IN NEED OF GOVERNOR'S PARDON INCREASES

The jobless crisis brings another dimension to the discussion: those with criminal records, whether a felony conviction or a simple misdemeanor arrest, are going to have a tougher time getting a job. In Illinois, people with misdemeanor arrests can generally expunge or seal their records from the general public view. But, in Illinois, felony convictions (besides a special type of probation given to a select class of drug or prostitution offenders) are permanently on your record...unless...the Governor grants you a pardon, otherwise known as executive clemency.

Background checks are becoming more and more prevalent. Employers are using the background check as a tool to easily weed out potential employees. Recent studies show that there are six applicants per one job opening. If you have a criminal record, the employer is probably very likely to toss you from the pile and move on to the other applicants.

In Illinois, Governor Blagojevich left approximately 2500 pardon petitions on his desk when he was tossed from office. Since Governor Quinn has stepped in, almost a year ago, he has granted just 18 pardons. Keep in mind, the backlog has grown even more - the Illinois Prisoner Review Board hears cases four times a year. So I bet there are at least an additional 500 stacked up for Governor Quinn.

That doesn't mean you shouldn't ask for a pardon if you need one. Hey, you don't get unless you ask. Or, you can always retain me and I'll do the asking for you!

In April 2009, Governor Quinn called the backlog "shameful" and vowed to start answering the petitions. But, since then, he has only granted 18.

People need pardons, especially in this poor economic time. Many people think a pardon is just for the serial killer or child rapist who served time in prison. Not true! Did you know that if you ever pleaded guilty or were found guilty of a felony and were sentenced to probation -- besides a few exceptions -- you are a convicted felon and you need a pardon if you want a cleared record! We must change the way society thinks about a pardon. The majority of my clients are seeking a pardon for a stupid mistake they made in their early 20's. Now, 10, 20, 30 years later, the person wants to move forward in their life and the felony probation keeps popping up on a background check.

Those who made a mistake should not have to pay for it for their entire life.

Our Governor, and governors across the country, can send a signal to society by granting pardons - We must be a more forgiving and less punitive society. Those who can prove rehabilitation should be entitled to eventually wipe their slate clean and leave the past in the past.

I cannot explain the feeling I get when I see the pain in an entire family's eyes, just because of a loved one's mistake. I cannot explain the feeling I get when I see a client who regrets making a stupid decision and has lost so much confidence because he cannot get a job. One of my clients recently applied for over 50 jobs in 8 months. Each time, his felony theft from over 10 years ago pops up.

Pardons are not just for the "underbelly" of society. You would be surprised to know most people in need of a pardon look just like you and me.

The Governor is the only person who can grant a pardon. He has a specific, enumerated power given to him; therefore, he must act on those requests. It is unfortunate the the Illinois Prisoner Review Board continues to do their job: they hear countless cases, stories, reasons, etc. from countless petitioners and countless parents. Unfortunately, all they can do is "recommend" denial or granting and then move onto the next case. Governor Quinn must start acting on that "shameful" backlog.

www.xpunged.com and www.tamaraholder.com

ARRIVAL OF 1ST GITMO DETAINEE IS PREMATURE - NOWHERE TO GO POST-CONVICTION...BUT, MONEY TALKS

Guantanamo Prison

The first Guantanamo detainee, Ahmed Ghailani, has arrived on U.S. soil to face trial for a bombing in 1998 that killed 12 Americans, 224 people in all. Article here.

He's an American detainee, accused of killing Americans; thus, he should be tried by America. Fine.

But then what? It reminds me of when I was in high school and my parents wanted to send me to boarding school...or somewhere...for being a "bad kid"...even though they wanted to give me the boot and punish me, they had to formulate an exit plan first: Where do we sent this kid?

Obama needs to determine where to send these boys! Instead, he's brought this guy over to the U.S., with no idea where he'll be permanently placed. That's just silly.

Issue is WHERE not WHEN

President Obama has not resolved the issue of where the Gitmo detainees will serve their sentences, if convicted, even though he promised to close Gitmo down by January 2010. But how can he close the doors on Gitmo before having new doors open? What a premature promise!

How Much Will You Give Me to Take Them In - The Prison "Industry" Will Prevail

Money talks. As of right now, it doesn't seem like any states want the detainees. We know Obama asked for $81 million to close Gitmo. But how much will it cost to house these guys in America? How much are the Feds willing to give the states for these guys? There has been talk on the Hill about states (per the Governors' consent) being given extra money if they agree to house the convicted detainees. Article here.

Our prison system is currently extremely overcrowded. Keep in mind, there are only 240 detainees; it's not like we are talking about thousands of beds here. But, these men will be housed in the maximum security facilities. It will cost taxpayers millions of dollars per year, per Gitmo convict, to house these men.

This issue of "WHERE" gives states a tremendous bargaining chip in this time of financial crisis. States that decide to house these men are in a position to receive an additional hundreds of millions of dollars a year.

Overcrowding may become a secondary issue...give the states enough money and they'll surely find a way to put these dudes somewhere. Money talks!

Prison Industry Allows for Private Companies to Profit Too

Modern day slavery still occurs in the prisons. Corporations pay prisoners pennies on the dollar for work. Be on the lookout fo lobbyists supporting the states bringing the detainees to the state pen. They can make some cash off of them too. See my blog on this here.

www.tamaraholder.com and www.xpunged.com

PATTI BLAGOJEVICH: FEEL SORRY FOR HER OR NOT-SO-MUCH?

Patti Blagojevich - photo courtesy of NBC.comLast night, I finally broke down and watched "I'm a Celebrity...Get Me Out of Here" with friends. I must say, Mrs. Patti B appears to be a likeable lady. (Maybe that's because my friends kept me happy with M&M's and vino?) She was the only female team member to stick her hands in something icky to get an object and other members voted to keep her on the team. Her image on this show is quite different than what you hear on those FBI tapped calls of her screaming and dropping F-Bombs.

Patti is standing by her man & bringing home the bacon

A good wife sticks by her man's side. Shoot, many women bounce after their husband's arrest! (In fact, I think she got pretty lucky by not being slapped with some handcuffs herself.) Not that I'm suggesting she's a criminal, but, she was in the home all those hours that Blags was doing "business" on the bugged family phone while sitting on the couch in his jogging suit.

Go ahead, call Blags a scumbag criminal.  As you know, I disagree.  Gov. Blagojevich is not a Gov. Spitzer nor is he a member of the Gambino crime family.  He does not have offshore accounts and he does not have cash tied up in real estate.  Follow the paper trail...um, it doesn't exist! Blago is a wannabe criminal at best. 

Like her or not, Patti is taking one for the Blags team by doing this silly show.  Blago's defense attorneys need to be paid and her kids need to go to school.  And, Patti needs to create an image separate from that of Mrs. Rod Blagojevich because, no matter how much Rod wants to be compared to Ghandi, it ain't happenin'.

Careful what you say, Patti

But do not think Patti is only on the show for the money; clearly, she has a plan: she wants use the national platform to attempt to sway the public opinion about her husband's case. As I suggested in my interview with the Today Show (when she announced her participation in the show), she has to be careful what she says about her hubby.  Obviously Patti didn't listen to my advice because on the June 1 episode she says, "I can't really get into it too much, except that, yeah, they made a big hoopla about something that wasn't even the truth. My husband was governor for six years, and you know was always about doing the right thing for people." Keep your mouth shut, Patti. Play the jungle game and tell your fellow team members, "I would rather not talk about the case."

If Patti is really just doing the show soley for the money (and image makeover) then the "my poor hubby" pity party cannot be mixed in with chillin' with the Baldwin brothers while playing with tarantulas.  Your job is to get some cash and fix the public's opinion of you. Leave the Gov. Blago persuasion up to his attorneys for their closing arguments before the jury.

www.tamaraholder.com and www.xpunged.com

FINALLY! NEW ILLINOIS GOVERNOR QUINN MAKES GRANTING PARDONS A PRIORITY!

Gov. Pat Quinn (David Carson - stltoday.com)Today, Gov. Pat Quinn pardoned 11 people; these are the first pardons of our new Governor.  Thank you, Gov. Quinn! Article here.

The pardon power is an enumerated power of the Governor; it is a function of Government.  The issue here is not whether one agrees/disagrees that a person should be pardoned for a criminal indiscretion of the past; instead, the issue is that the Governor has the sole power to pardon and that power must not be blatantly ignored.  If a Governor is totally against pardoning any person, then the Governor must deny all pardons; the Governor cannot simply ignore the requests. On the other hand, if the Governor is not entirely against granting pardons, and a petitioner  has a compelling case for being pardoned, then the Governor must make a decision and either grant or deny the pardon.  Essentially, a Governor shall not allow pardon petitions to sit indefinitely without a decision, one way or another.

Ex-IL Governor Blagojevich promised many people he would make decisions on pardons. He lied. Instead, he allowed approximately 2500 pardons to pile up on his desk for the 6 years that he was in office.  People's lives were in limbo as they waited, hoped and prayed for an answer. As of April 2008, he had only granted 67.  He then granted about 24 more.  Regardless, he granted a total of less than 100 pardons - that is embarassing.  And according to the IL Prisoner Review Board last April, Blagojevich had approximately 1500 on his desk.  According to Gov. Quinn, there are an additional 1000; he stated there is a backlog of over 2500!

In Illinois, a person seeking a pardon, clemency or reprieve must first petition the IL Prisoner Review Board.  After the petition has been submitted, the petitioner has an opportunity for a hearing where he makes his case before the Board as to why he should be pardoned. Then, the Board makes a confidential recommendation to the Governor, whether they think the person should be pardoned.  Lastly, the petition sits in the hands of the Governor and awaits final denial or approval.  By law, the Governor is not required to make a decision within any period of time.  (That should be obvious! Blagojevich allowed thousands to pile up on his desk.) Thus, the petitioner must wait and wait and wait for a decision. There is nothing one can do to get an answer.  The person cannot even re-petition the Governor if no decision has been made.  The only time a person can re-petition is if the person is denied and he waits a year after denial and files again.

We need to pardon people who made a mistake and have since rehabilitated themselves.  I am not talking about the convicted murderer who has a lengthy, violent past.  Not all felons are those who have done time in prison.  Many are people who made a stupid mistake as a kid and were given probation.  At the time, they did not know that their mistake would follow them for life, even though they did not go to jail.  Keep in mind, in IL, once a felon, always a felon, unless you are granted a pardon. 

Thank you, Governor Quinn, for making decisions on yet another matter that ex-Governor Blagojevich refused to handle.  By granting the 11 pardons, you have restored the lives of not just 11 people but of 11 people's families and their communities.

www.xpunged.com and www.tamaraholder.com

HERE'S INFORMATION FOR YOU ON ILLINOIS PARDONS

DO YOU WANT A PARDON? IF SO, WE PREPARE YOUR PETITION!

WHAT IS A PARDON?

There are two kinds of pardons: 1) Federal pardon, and 2) State pardon. If you have been convicted of a federal crime, the only person who can grant you a pardon for that crime is President Barack Obama. If you have been convicted of a state crime, the only person who can grant you a pardon for that crime is the Governor of the state where you were convicted. For example if you were convicted in Illinois, the only person who can pardon you is Governor Pat Quinn.

DIFFERENT TYPES OF “PARDON POWER”
1) Clemency: this term is used interchangeably with the other terms below. There are different types of clemency.
a. Pardon: You are asking for forgiveness of your conviction, whether you are in prison or you have already served your time.
b. Commutation: You are in prison and you are asking for your sentence to be reduced. This is not a pardon but you are getting out of prison earlier than the original sentence.
c. Reprieve: You are in prison and you are asking for the death penalty to be stayed.

PROCESS
Each state has a different procedure as to how someone would go about seeking clemency. In Illinois, a person seeking clemency must:
1) Submit a petition to the IL Prisoner Review Board: this petition includes all the information about your case and why you feel you should be pardoned by the Governor. (You can retain us to prepare & submit your petition!)
2) Optional hearing before the Board: After the petition has been submitted, you have the opportunity for a hearing; you present your case before the Board as to why you should be pardoned. (We also appear at your hearing!)
3) The Board makes a confidential recommendation to the Governor, whether they think you should be pardoned.
4) The petition awaits final denial or approval from the Governor. By law, the Governor is not required to make a decision within any period of time. That means you must wait for an answer. You cannot even re-petition the Governor if no decision has been made.

DENIAL: If the Governor denies your petition, you can re-petition one year after the denial. You are never completely barred from seeking a pardon. Keep asking until you are granted the pardon!

APPROVAL: If the Governor grants your pardon request, he will (in most cases) also request an order from the court that your record also must be expunged. A pardon alone, without the order to expunge, does not remove the record of conviction from public access. If you were asking for a commutation of sentence, you will be released from prison; however, a commutation does not mean your conviction will be removed.

WHAT ARE MY CHANCES OF RECEVING A GOVERNOR’S PARDON?

Your chances of a pardon are as good as the petition you submit: There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor. If a pardon is your only option, then you should petition for one; otherwise, the felony conviction is on your record forever. Your chances are as good as your case. If you made one mistake many years ago and since then you haven’t been in trouble, you have gotten a job and have raised a family, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education. The better you can present yourself and your case to the IL Prisoner Review Board and the Governor, the better your chance of receiving the pardon. You don't get unless you ask and you have nothing to lose for asking, so ask for that pardon! We suggest hiring an attorney who knows how to prepare a petition for clemency. Just like you would hire a divorce attorney to help you with your divorce, you should hire a pardon attorney to help you seek a pardon!


SUCCESSFUL COMPLETTION OF FELONY PROBATION – DO I NEED A PARDON?

Just because you did not go to prison, that does not mean you don’t have a conviction. In fact, to the contrary; felony probation is a conviction, just as much as going to prison. The judge could have sentenced you to prison but instead he gave you felony probation. Felony probation is not expungeable, and it is not sealable. (Exception: if you were given “1410 Probation” and that’s usually given to people convicted of Class 4 PCS or Class 4 Prostitution.) Unless you fall into this exception, your only option is to seek a Governor’s pardon.

WHAT ARE MY CHANCES OF RECEVING A GOVERNOR’S PARDON?

Your chances of a pardon are as good as the petition you submit: There is no guarantee that your pardon will be granted because the final decision is left up to one person: the Governor. If a pardon is your only option, then you should petition for one; otherwise, the felony conviction is on your record forever. Your chances are as good as your case. If you made one mistake many years ago and since then you haven’t been in trouble, you have gotten a job and have raised a family, then your chances are better than the person who has been arrested several times since the conviction, has no job experience and no education. The better you can present yourself and your case to the IL Prisoner Review Board and the Governor, the better your chance of receiving the pardon. You don't get unless you ask and you have nothing to lose for asking, so ask for that pardon!

HOW LONG DO I HAVE TO WAIT FOR THE GOVERNOR TO DECIDE?

No news is good news. If you haven't heard anything, that means your pardon is sitting on the Governor's desk, waiting for a decision to be made. Ex-Governor Blagojevich left approximately 2600+ on Governor Quinn’s desk. Many people are just like you: waiting for an answer. Until a decision has been made, you cannot even re-petition. The only thing you can do is continue to wait. The Governor has no statute of limitations on how long he can "sit" on the petitions before making a decision. Don't fret; you don't know how many of those petitions are really worthy of a pardon, how many were submitted individually or through an attorney and how many are prisoners asking to be released or people living in society with felony convictions.

www.xpunged.com and www.tamaraholder.com

Tamara on FNC "Neil Cavuto" Discussing Senator Burris, His Amended Affidavit, and Whether He Should Resign

Today, I was on FNC's "Neil Cavuto" sharing my position on Burris.  Here you go! (For those of you who know me, clearly, I did not get to say everything I wanted to say!)

www.xpunged.com and www.tamaraholder.com