Commutation of Sentence for Michael Nieves

***Please note Michael was sentenced to 2 to 4 years for ATT Burglary 3rd degree Class E in 2004. The following is the application sent to the Governor:

I, Miriam Villanueva, am applying for Executive Clemency Commutation on behalf of my husband Michael Nieves. Michael has been denied parole three times while serving his current sentence. The reason for each denial was the same each time: Due to your criminal history there is a reasonable probability that you would not live and remain at liberty without violating the law and your release at this time is incompatible with the welfare and safety of the community. The last hearing was held in May of 2010 and he was then sentenced to another 24 months of imprisonment or early release on his conditional release date which is before the completion of the 24 months.

A major difference that was overlooked at the last parole hearing was the community support Michael presently has. I am a Constituent Liaison for Council Member Jimmy Van Bramer of District # 26 and a political activist. Due to my networking we have been able to obtain various offers of assistance and community support in regards to employment and rehabilitation. Letters of support were presented to the Parole Board. He is currently a participant in the Merle Cooper program which provides the necessary tools in gearing the inmates for re-entry back into the "real world." When inmates are not attending the MCP, they are expected to discuss their problems, concerns and questions with their peers. One of the criterias needed to be met before being accepted into the program is admitting guilt of crime and acceptance of punishment of said crime. This is one of the few programs available to violent offenders for rehabilitation which is why I do not understand the reason it does not qualify as one of the programs that earn an inmate limited time credit.

Michael has received one disciplinary ticket since being taken into custody by D.O.C. in 2004. He has completed all mandated programs and worked various jobs on the prison grounds when available. Conditional release is usually given to inmates which the Parole Board deem as ineligible of rejoining society because they would not be a productive member of the community. Releasing Michael would not be incompatible with the welfare of society and will not deprecate the seriousness of his crime as to undermine respect for the law. Michael is ready to become a contributing member to the community.

Imprisonment within a state correctional facility is not warranted at this time. I request that Michael be released before his conditional release date. If in accordance with findings and law it is found that he still needs strict disciplinary guidelines before the standard conditional release date. I ask that alternatives are sought. Such as: Home arrest until his conditional release date.

Thank you for your time and consideration in this matter. I look forward to hearing from you soon.

Best Regards,
Miriam Villanueva
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*** If the Parole Board keeps denying parole due to the inmates criminal history and assuming they are incapable of rejoining society, then what does that say about the Department of Corrections? Isn't the purpose of imprisonment to punish and rehabilitate in order to enable them to one day rejoin society as a productive member? Your signatures will definitely impact the Governor's decision. Michael, our two children and I would greatly appreciate your support. ***