Governor Huckabee Denies 79 People Clemency, Grants 9 Others Clemency

Governor Mike Huckabee has denied the clemency requests of 79 people, including one person convicted of capital murder, two people convicted of first-degree murder and a former Little Rock restaurant manager convicted of raping a woman after slipping the "date rape" drug Rohypnol into her drink. Huckabee granted the clemency requests of nine other people. Among those denied executive clemency by the governor are: Carolyn Zachry of Ashdown, who was convicted in Little River County of capital murder and sentenced to life in prison without the possibility of parole. Her husband, Eugene Zachry, was showing real estate near Ashdown on Jan. 8, 1975, when he was shot with a .25-caliber pistol. The killers had been paid $5,000 by Carolyn Zachry, who wanted to collect her husband`s life insurance policy. She had requested the governor commute her sentence to a set number of years so she could become eligible for parole. Without a commutation, she isn`t eligible for parole. Mark Harris of Baton Rouge, La., who was convicted in Newton County of first-degree murder and sentenced to life in prison. Harris and two accomplices were arrested in Newton County on April 24, 1978, following the shooting death of 3-year-old Stephanie Hall. The child`s body was found in a shallow grave in a wilderness area. Harris and his accomplices were members of the Church of Christ in God Through the Holy Spirit, which was founded by Edith and Royal Harris, Mark Harris` mother and her husband. Church leaders had declared the child was cursed. The child was shot. Mark Harris had requested that the governor commute his sentence to make him eligible for parole. Daniel Risher of Magnolia, who was convicted in Columbia County of first-degree murder and sentenced to life in prison On March 3, 1991, the Magnolia Police Department investigated the death of Linda Holley. Her body was found in her home, which appeared to have been burglarized. Police arrested Nikki Zinger, who was Holley`s daughter, and Risher, who was Zinger`s boyfriend. Authorities found Holley`s life insurance policy papers, credit card information and a box of blank checks in Risher`s home. It was determined that Holley was planning to change her $90,000 life insurance policy so Zinger would no longer be the beneficiary. Risher and Zinger originally were charged with capital murder and then had the charges amended to first-degree murder. Risher had requested that the governor commute his sentence to make him eligible for parole. Len Yates of Little Rock, who was convicted in Pulaski County of rape and sentenced to 35 years in prison. Yates was convicted of raping a woman after slipping the "date rape" drug into her drink. Yates had requested that the governor commute his sentence to make him eligible for parole. ___________ The governor pardoned the following people: Thomas Brewer of Little Rock, who was convicted in Pulaski County of two counts of possession of a controlled substance with intent to deliver and criminal conspiracy in 1991. He was sentenced to 10 years in prison on one count, three years in prison on the second count and six years in prison for conspiracy. Brewer discharged those sentences in 1997. Brewer was convicted in Sherwood of felony violation of the hot check law in 2000. He was sentenced to six months of probation and ordered to pay restitution. Brewer discharged that sentence in 2000. In his application, Brewer said he has a six-member family, one of whom has a chronic disease. He said that with with his criminal record, it`s hard for him to find employment. Brewer completed a drug rehabilitation program at the GYST House in Little Rock. Since then, he has volunteered with that program. Brewer had numerous letters of support from residents of the GYST House. The state Post Prison Transfer Board voted to recommend the granting of the application. Mary Gant of Fort Smith, who was convicted in Sebastian County of two counts of second-degree forgery in 1998. She was sentenced to a year of probation and ordered to make restitution. She discharged her sentence in 2003, and her record was sealed by the court in 2004. Gant said in her application that she has started a janitorial business. Support letters indicated that Gant works long hours to ensure the success of her business. The Post Prison Transfer Board voted to recommend the granting of the application. Karen Gaston of Hot Springs, who was convicted in Garland Count of theft of property and given a suspended sentence of five years. She also was ordered to make restitution. Her sentence was revoked in 1989, and she was sentenced to five years in prison. Gaston discharged her sentence in 1992. In her application, Gaston said her crimes were the result of drug abuse. She said she has been clean for more than five years and now helps run a substance abuse program for pregnant women and young mothers. Circuit Judge Vicki Cook of Hot Springs wrote, "I first met Karen Gaston in 1997 when her children were placed in foster care. She is a complete success story. She went into inpatient treatment and has been clean and sober ever since. Karen is a rehabilitation success. She now works with recovering substance abusers, and her story gives them hope and inspiration." Prosecuting Attorney Steve Oliver of Hot Springs indicated he had no objection. The Post Prison Transfer Board voted to recommend the granting of the application. Kenneth "Muskie" Harris of Little Rock, who was convicted in Pulaski County of hot checks/theft of property and failure to appear in 1994. He was sentenced to 120 days in jail and ordered to make restitution. He discharged his sentence upon the payment of restitution. Circuit Judge Marion Humphrey of Little Rock said Harris has shown "character and strength in overcoming the demon of drug addiction. He also has shown admirable commitment in working with others as they fight this very personal battle." Circuit Judge Richard Moore of Little Rock wrote, "From my early days as a prosecutor and my 26 years in private practice, I came into contact and dealt with numerous people who had experienced legal problems in their younger days. I have never known an individual who has overcome such past problems and accomplished more, while at the same time helping many others, as has Mr. Harris." Circuit Judge Willard Proctor of Little Rock wrote, "I believe that Mr. Harris deserves executive clemency. He works very closely with this court in helping to provide much-needed treatment to criminal offenders." The Post Prison Transfer Board voted to recommend the granting of the application. Sheila Heard of Little Rock, who was convicted in Pulaski County of misdemeanor shoplifting in 1990. She was fined and discharged her sentence upon full payment. Heard was convicted in Pulaski County of misdemeanor harassment in 1996. Again, she was fined and discharged her sentence upon full payment. W.A. McCormick, a deputy prosecuting attorney, said the prosecutor`s office didn`t object. Deputy prosecutor John Johnson later objected to her application. The Post Prison Transfer Board voted to recommend the granting of the application. Paul Hite of Pleasant Plains, who was convicted in White County of theft of property and burglary in 1981. He was sentenced to five years in prison. Hite was convicted in the same court of burglary, theft of property and breaking and entering in 1983. He was sentenced to 10 years in prison. Hite discharged his sentences in 1990. Since his convictions, Hite has gone to college and opened a company selling custom and restored show cars and trucks. Law enforcement and judicial officials didn`t object to his application. The Post Prison Transfer Board voted not to recommend the granting of the application. James Bellar of Austin, who was convicted in Faulkner County of two counts of writing hot checks in 1990. Bellar was sentenced to 10 years in prison on each count and fined. He discharged his sentence in 1995. Bellar was 19 when he was convicted. He said he was living on his own and wrote hot checks to cover his expenses. Since the conviction, Bellar has started a construction company. Law enforcement and judicial officials didn`t object to his application. The Post Prison Transfer Board voted not to recommend the granting of the application. ______________ The governor commuted the sentences of the following people: Mark Hinze of Heth in St. Francis County, who was convicted in Woodruff County of manufacturing a controlled substance in 2000. Hinze was sentenced to 10 years in prison. St. Francis County Sheriff Dave Parkman, who supervises Hinze as a trustee, wrote in support of the application. "Mark has proven to me to be an exceptional person," Parkman said. "He is a hard worker, well-disciplined and has never given me any problems since coming here." Jack Caperton, the Woodruff County sheriff when Hinze was arrested, wrote: "I have met his father and mother. They are good Christian people, and I feel that Mark`s background and the time he has spent in jail is adequate for his crime." About 160 people signed a petition in support of Hinze`s application. Michael Ladd, a deputy prosecuting attorney, wrote: "Mr. Hinze is a great candidate for clemency." Initially, Prosecuting Attorney Fletcher Long of Forrest City opposed clemency for Hinze. After being informed his deputy had written in support of the application, Long wrote: "Please disregard my previous note on the matter. I concur in Mr. Ladd`s recommendation." The Post Prison Transfer Board voted not to recommend the granting of the application. The commutation makes Hinze immediately eligible for parole. Marcus Johnson of Paragould, who was convicted in Greene County of manufacturing a controlled substance and possession of drug paraphernalia with intent to deliver in 2000. He was sentenced to 130 months in prison. Prosecuting Attorney Don McSpadden of Batesville wrote, "I believe he has been rehabilitated and will not repeat his past mistakes. I believe that upon his release he will be an asset to the community." Circuit Judge Norman Harkey of Batesville wrote, "I have talked at great length with Mr. Johnson and feel that he realizes the mistakes that he has made in his life. These wrong decisions have cost him his wife, his business and his freedom. ... Mr. Johnson has learned from his mistakes and is now ready to re-enter society as a law-abiding citizen. I believe that Mr. Johnson has been sufficiently punished and has now been rehabilitated. It is time for Mr. Johnson to be released so he can begin supporting himself and his family." The Post Prison Transfer Board voted to recommend the granting of the application. The commutation makes Johnson immediately eligible for parole.