Inmates who meet criteria should be paroled at release eligibility date | Opinion

Fred Wortman
·3 min read
5

Editor's note: The writer of this guest essay has a son who is incarcerated in Tennessee. He is writing this because he sees a parole system in disarray, in need of justice, and major reform or replacement. His first essay on this subject, "Tennessee must reform and modernize its parole system for fairness and justice," ran on Feb. 4.

The parole hearing at Morgan County was on Sept. 19, 2019.  Gary Faulcon, the hearing officer, explained procedures, then heard testimony. The hearing was finished. and the decision was announced within an hour.

There was an urgency since WBIR, a Knoxville TV station, was taping the hearing.

Faulcon appeared oblivious to the 2015 trial court's order, and insensitive to the RED, release eligibility date, which passed early that September.

At the RED an inmate should be released if there are no disciplinary issues and parole requirements have been met.  Hearing officers should be aware and comply with the trial court's orders and plea agreement terms which are contracts between the state and the inmate.

Hear more Tennessee Voices: Get the weekly opinion newsletter for insightful and thought provoking columns.. 

What the witnesses said

The inmate introduced documents in his parole package. He talked about how he regretted his actions and was remorseful for what he did. He talked about his love for his children and his hopes.

The parole board listens Wednesday, May 23, 2018, at the clemency hearing for Cyntoia Brown, the Nashville woman sentenced to life in prison at age 16 for the murder of a stranger who picked her up at a fast food restaurant, at Tennessee Prison for Women in Nashville, Tenn. It is her first bid for freedom before a parole board since the 2004 crime.

Four witnesses testified in favor of release. Witnesses for the inmate included family and a chaplain. Their testimony reflected the inmate was a Christian, helped other inmates, never physically harmed anyone, and had been an excellent father.

Four witnesses opposed parole. They took little time to testify. A district attorney and an assistant DA and a policeman testified to keep the inmate incarcerated. These three had never spoken with the inmate.

The DAs never mentioned that they designed and agreed to the sentence and Alford Plea telling the trial judge that both sentence and plea were appropriate and sufficient. Then, at the parole hearing, the prosecutors stated that the agreements should not be followed, and incarceration should be extended.

Sign up for Latino Tennessee Voices newsletter: Read compelling stories for and with the Latino community in Tennessee. 

Sign up for Black Tennessee Voices newsletter: Read compelling columns by Black writers from across Tennessee

The hearing went too fast

It was learned that the proceeding was unnecessary except for "process."  Those who attended the hearing expecting a fair and honest proceeding felt blindsided by the result.

The hearing wasted time and money for witnesses to prepare and attend the hearing.  The hearing felt like a mockery, nothing more than a formality.

Fred Wortman
Fred Wortman

Faulcon had it well organized. In less than four minutes after the hearing, his judgment was announced by teleconference from a parole board office in Nashville.  Traveling to Morgan County Correctional Complex was not warranted.

The inmate was ordered to serve seven more years.  Seven years past the RED as set by the trial court and agreed to in the plea agreement.

The inmate had served his required sentence incarcerated, had accomplished everything required for parole, had no disciplinary issues, and had taken more courses than needed. His parole package was exemplary. Eighty Tennesseans and MCCX officers endorsed his release.

The decision shocked the inmate, the family, and prison staff.

Faulcon's decision focused on "depreciate the seriousness of the crime."

To have paroles put off for years after the RED is not unexpected in Tennessee.  Similar determinations are standard procedure.

The Tennessee Parole Board has become an institution of extended punishment and inmate retention, not fairness, compassion, or release.

Parole hearings should become a horrible thing of the past.  Tennesseans must get involved to find options and solutions.

Fred Wortman lives in Lake County, Tennessee. He made accounting his career and served in the Army as a military police officer and provost marshal in Vietnam.  He and his wife, Marilyn, a retired nurse, serve as Sunday School teachers in the local Methodist Church.

This article originally appeared on Nashville Tennessean: Tennessee inmates who meet criteria should be paroled