November 5, 2013……
A day that will forever
be etched in the life of Ronald Faulkner.
This is the day that
Mr. Faulkner will finally see the outside of the razor wire he has looked at since
May 1998. You see, the Utah Board of Pardons charged Mr. Faulkner with an
additional crime during his Parole Hearing. They were convinced that Mr. Faulkner THOUGHT about committing the additional act.
Now, for those of you
who don’t know, the Board of Pardons and Parole is a committee of five people,
appointed by the Governor to oversee the “sentencing” phase of Utah’s
Indeterminate Sentencing. In Mr. Faulkner’s case, he was given a sentence of
five years to life by his trial judge. This was for a 1st Degree
Felony for Aggravated Burglary.
In September of 2009,
Mr. Faulkner had his Board Hearing. At this hearing, the hearing officer, a Mr.
Sullivan, decided that Mr. Faulkner was guilty of a crime of Sexual Aggravated
Assault. The trial judge DID NOT sentence him on this….he was NEVER even charged
with this offense!(The police report even stated that "no sexual intercourse took place".) Then the hearing officer gave a rehearing date to be held in
twenty years! AND, he added that the Board would consider an early release if
Mr. Faulkner completed the Sex Offender Treatment Program at the prison.
Now, this would be all
well and good but in order to get into this program, the Offender has to
CONFESS to committing the crime. And Mr. Faulkner was not CHARGED or CONVICTED
of Sexual Aggravated Assault. So here begins the Catch 22 situation for Mr.
Faulkner.
After many, many
petitions to be heard, Mr. Faulkner finally won his opportunity for a rehearing
which took place just a few weeks ago. Mr. Sullivan was not the Hearing Officer
at this hearing and low and behold, the Board found that Mr. Faulkner had served
his time and should have his Inmate Sentence TERMINATED IMMEDIATELY!
So, those who sit on
the Board, take this as a lesson that you are not gods! You cannot and will not
charge someone with something YOU think they might have THOUGHT about doing. In
order for this system to work, the Board MUST NOT STAND AS JURY to those who
come before them. They have already been adjudicated. IT IS NOT YOUR JOB TO ADD
charges to those that brought the Offender before you in the first place.
Mr. Faulkner, good luck
and thank you for being persistent!