Tulsa NORML | Support Commutation of Larry Yarbrough

Support Commutation of Larry Yarbrough

A message from Sen. Constance Johnson

Hello Criminal Justice Reform Advocates and Friends: 

We need your help NOW!!!   

On August 17, 2011, the Oklahoma Pardon and Parole Board will consider commuting Larry Yarbrough’s life without parole (LWOP) sentence for drug trafficking. A previous Board unanimously commuted Mr. Yarbrough’s sentence in 2002, but the governor denied it.  Please personally contact or write letters to the Oklahoma Pardon and Parole Board, Gov. Mary Fallin and local newspaper editors in support of this commutation.

It is best to send individual letters to Gov. Mary Fallin at 2300 N. Lincoln Blvd., OKC, OK, 73105, and each member of the Pardon and Parole Board.  Mailing instructions for letters to Board members, their names and addresses are attached.  It is important to follow these instructions closely and to include “Larry Yarbrough #125218, August, 2011 docket” as the reference.  Please also copy the letter to your state senator, state representative, and me. 

Some good reasons to favor this commutation follow.  Please consider these facts and compose your own letter, using letterhead if possible.  It will lend weight to your comments and will have a greater impact on those whom we hope to influence.  Most importantly, keep your letter brief, concise and to the point. Strive to keep the length to one page.  If you absolutely cannot make time to compose your own letter, please let us know and we will forward a sample letter for your use. 

1.     A.  A life without parole sentence in Oklahoma is unfortunate for several reasons.  First, in practice, the  only way a person ever gets LWOP is by going to jury trial.  The threat of LWOP frightens people into a plea bargain and out of their right to a jury trial. 

B.  The Oklahoma Legislature’s original intent in enacting LWOP was to create an alternative between life imprisonment and the death sentence in capital cases.  However, unlike death penalty cases where in order to impose such a sentence the jury is required to find aggravating circumstances, a jury recommending LWOP needs no reason whatsoever.  This fact guarantees disproportionate and inherently unfair sentencing. 

C.  LWOP sentences for drug crimes have not resulted in decreased drug trafficking.  Instead, they have committed Oklahoma taxpayers to paying $23,000/year/person (at present rates) to lock up a growing number of people for as long as they live.  We are also committing to covering their medical expenses as they grow old, get sick, and die.   

2.   A.  The best readily available remedy to rectify such inherently unwise and unfair sentencing is for the  Pardon and Parole Board to review LWOP sentences on a case-by-case basis and to recommend commutation of these sentences as they deem appropriate.  Case-by-case reviews build in safeguards: there will be those whose sentences – either because of the nature of the crimes they committed or because of their behavior in prison – will not be commuted.  Handling these cases through the Pardon and Parole Board instead of the Legislature is the more cautious and fiscally conservative alternative.   

B.  The power to commute any sentence—be it the death penalty or imprisonment—is at the very heart of the Governor’s Constitutionally-granted clemency power.  The Constitution also grants authority to the Pardon and Parole Board to review sentences and to consider recommending clemency to the Governor. Reviewing LWOP sentences is part of that job.  Recommending commutation of some of those sentences, including life without parole, is the most fair and reasonable way to address the unfairness in sentencing that presently exists.      

3.   A.  Larry Yarbrough’s case is an excellent example of disproportionate and unfair sentencing.  Compared to sentences received by others for similar amounts of the same drugs (an ounce of powder cocaine and 3 marijuana cigarettes), Larry’s LWOP sentence is clearly excessive.  He has been incarcerated for 17 years, a period of time that is long enough for what he actually did—and far longer than what many serve for the exact same offense.   

B.  Larry has never had a single write-up during his incarceration.  He has received commendations from the Department Of Corrections and nonprofits for training guide dogs for the blind and disabled.  He and his wife Norma are still married after 41 years.  They have 5 children and 13 grandchildren, ranging in age from 9 months to 19 years.  Before his incarceration, Larry and Norma owned and operated a popular BBQ restaurant in Kingfisher where he was known for ‘giving back’ to his community.  Upon his release, Larry’s daughter Lanita and her husband plan to open a BBQ restaurant in Pittsburgh, California for Larry to run.   

For these reasons, we sincerely believe that continuing to incarcerate Larry Yarbrough is very poor stewardship of our state’s limited resources.  These are tough times for state governments as well as most Americans. LWOP for drug crimes is a policy we can ill afford, especially since it has done nothing to deter drug trafficking. Hopefully, these facts will inspire and motivate you to act, and to also get your friends to join you in writing letters.  Together we can demonstrate the power of the people, step up, and help make the right thing happen.

Please feel free to call me if you have any questions.  Thank you very much for all you do.

Sincerely yours.
Senator Constance N. Johnson