The Governor’s Office said tribal leaders support these pardons, which recognize the grantees’ efforts and successes in rehabilitation post-conviction, as well as their extraordinary service to their communities.
These pardons coincide with Native American Heritage Month, which honors the vibrancy and resiliency of Native American culture.
Newsom extended clemency for Robert Morgan, a member of the Koi Nation, based in Lower Lake, and Frank Spa-ghe Dowd, a member and elected leader of the Resighini Rancheria, based in Klamath.
On Aug. 3, 2006, Morgan was convicted in Sonoma County Superior Court of assault with a deadly weapon for striking two people during a fight at a party. He was sentenced to three years of probation and 91 days in jail.
Morgan submitted a formal application for executive clemency in the form of a gubernatorial pardon, provided evidence that he is living an upright life and has demonstrated his fitness for restoration of civic rights and responsibilities, the Governor’s Office reported.
On March 15, 2002, Dowd was convicted in Del Norte County Superior Court on March 15, 2002, of assault with a deadly weapon for striking an individual with a bat during a fight at a party. He was sentenced to five months of probation and 270 days in jail.
The Governor’s Office said Dowd has complied with the provisions of California Penal Code sections 4852.01 through 4852.22, which provide a procedure after completion of sentence to seek restoration of civic rights and responsibilities.
On Oct. 9, 2020, the Del Norte County Superior Court granted Dowd a certificate of rehabilitation on evidence that he has been living an upright life and, in doing so, recommended that Mr. Dowd be granted a full pardon.
The California Constitution gives the governor the authority to grant executive clemency in the form of a pardon, commutation or reprieve.
The governor regards clemency as an important part of the criminal justice system that can incentivize accountability and rehabilitation and increase public safety by removing counterproductive barriers to successful reentry.
A pardon may remove counterproductive barriers to employment and public service and restore civic rights and responsibilities. A pardon does not expunge or erase a conviction.
Pardons recognize a person’s efforts in self-development after their crime and their efforts to make amends. Clemency does not forgive or minimize the harm caused by a crime.
The governor carefully reviews every clemency application and considers a number of factors, including an applicant’s self-development and conduct since the offense, the applicant's remorse and efforts to make amends, whether the grant is consistent with public safety and in the interest of justice, and the impact of a grant on the community, including crime victims and survivors.
The pardons announced Friday do not restore firearm rights.
While in office, Gov. Newsom has granted a total of 88 pardons, 91 commutations and 29 reprieves.
The Governor’s Office encourages victims, survivors and witnesses to register with the California Department of Corrections and Rehabilitation’s Office of Victims and Survivors Rights and Services to receive information about an incarcerated person’s status. For general Information about victim services, to learn about victim-offender dialogues, or to register or update a registration confidentially, visit www.cdcr.ca.gov/Victim_Services/ or call 1-877-256-6877 (toll free).
Copies of the gubernatorial clemency certificates announced Friday can be seen below.
Additional information on executive clemency, including how to apply, can be found here.
Pardon-Cert-11.19.2021 by LakeCoNews on Scribd