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Wednesday, September 24, 1997

Lawmaker seeks inquiry into Bush pardon policies

By JUAN B. ELIZONDO Jr. / Associated Press Writer

AUSTIN (AP) -- A state lawmaker wants fellow legislators to investigate the criteria Gov. George W. Bush uses in determining whether to pardon convicted criminals.

Rep. Ruth Jones McClendon, D-San Antonio, on Tuesday said she hopes "the governor cares more about justice than he does about the color of someone's skin."

"Does this governor grant freedom to innocent Texans, unless, of course, they are African-American," she said in a one-page statement.

Mrs. McClendon's comments and call for an investigation came after the Fort Worth Star-Telegram reported that Bush, a Republican, had granted 14 pardons during his tenure. Only one of those was issued to a minority, an Hispanic.

"With only one minority being on the list, that speaks for itself," said Roslette Granderson, a spokeswoman for Mrs. McClendon. "I think it might be in terms of trying not to be a Willie Horton, maybe that is what is behind it."

Horton was a black Massachusetts inmate who raped a woman while on prison furlough. He was the focus of debate on furloughs and pardons during the 1988 presidential elections in which Bush's father defeated former Massachusetts Gov. Michael Dukakis.

Among hundreds of people who have sought pardons unsuccessfully from Bush is Kevin James Byrd, convicted of raping a pregnant woman in 1985. After 12 years in prison, DNA tests conducted on semen from the attack indicated that Byrd was not the rapist.

The tests persuaded Harris County District Attorney Johnny Holmes of Byrd's innocence. Holmes has joined the trial judge and members of the Board of Pardon and Paroles in unanimously recommending a pardon.

Bush has deferred a decision, saying the courts should be allowed to review the evidence. He noted that Byrd's accuser maintains that he was her attacker.

Mrs. McClendon, who is black, had not approached state legislative leaders to request a formal hearing, Ms. Granderson said.

Bush was traveling and unavailable for comment, his office said.