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2-1 vote will keep Omaha man in prison

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By NANCY HICKS / Lincoln Journal Star

Tuesday, Jul 10, 2007 - 12:29:52 am CDT

The three-member Board of Pardons refused 2-1 to commute the life sentence of a man who has spent 29 years in prisons for the death of a retired postal worker.

The decision means Reginald Bennett has no chance to be paroled out of prison.

Bennett, who was not allowed to appear at the hearing, appeared to have a strong chance of having his sentence commuted:

Story Photo
Corine Spears, left, mother of Reginald Bennett, who was convicted of the 1978 murder of James Sloan Jr., wipes a tear as she sits in Lincoln, Neb., Monday, July 9, 2007, next to her husband, Robert Spears, during a parole hearing. Family and friends of Reginald Bennett had hoped that the board would agree to reduce his life sentence but were disappointed when the Nebraska Board of Pardons decided to uphold his life sentence. (AP)

* The Pardons Board had previously voted unanimously to hold a hearing on the commutation request.

* The state’s separate Parole Board voted unanimously to recommend Bennett’s sentence be commuted so that he could be paroled in a year and a half.

* Bennett had only traffic violations on his record before the 1978 incident in which he threw a rock at James Sloan, who died later at an Omaha hospital. Bennett also called an ambulance and waited until it arrived.

* Members of Bennett’s family and his church family said at the hearing they would provide a support system for him if he were released from prison.

* A former Correctional Services employee who was Bennett’s boss for six years in the correctional industries program said Bennett deserved to be released.

* The Douglas County attorney’s office took a neutral position.

* And no one opposed the commutation.

But the Pardons Board voted 2-1 to deny Bennett’s request for commutation of his death sentence to a specific number of years.

Gov. Dave Heineman and Attorney General Jon Bruning said Bennett’s case was not extraordinary enough to merit commutation.

Heineman said Bennett had been offered a choice before his trial to plead guilty to a lesser manslaughter charge, and he decided to go to trial.

“Yes, he admitted he killed someone.

“Yes, he has remorse.

“Yes, he is going to church and doing a number of things (college classes, other educational programs) and we all laud him for that,” Heineman said.

“Why would I vote to overrule the judicial situation without an extraordinary set of circumstances?” he asked in voting to deny clemency.

Bruning also pointed to Bennett’s decision three decades ago to follow his attorney’s advice and reject the plea agreement.

“Ultimately I’m not sure the system failed him. He could have taken the deal,” Bruning said.

Bruning also pointed to death penalty opponents, who say the state should do away with the death penalty because “life means life.”

But a decision to commute a life sentence “is proof that life doesn’t mean life,” he said.

In addition, approving one commutation would open a flood gate for the 200 people in Nebraska’s prison system with life sentences, Bruning said.

“If we open the gate, it is going to be very difficult to say no to anyone. So do we want to open the gate?”

Law and order politics are always part of the process, said Bruning, who has announced he will run for one of Nebraska’s U.S. Senate seats.

The politics are always there, he said. “It’s not any more severe now (that he is an announced candidate) than at other times. That is the world in which we live.”

“I am going to do what my conscience tells me,” Bruning said.

Only Secretary of State John Gale said he believed Bennett’s case was one of the exceptions.

“The sentence was perfectly lawful. I don’t think there was any injustice done. But we are a board of clemency. We are not a board of appeal.”

And this is one of the rare times when clemency is deserved, said Gale, who said he has always been conservative in his approach to law and order.

Gale pointed to Bennett’s record in prison, his lack of a previous criminal record, the fact he called for an ambulance and stayed with the victim until it arrived, and his strong family and church support and his record in the prison.

“I think this is one of those rare cases that deserves an opportunity for commutation.”

Supporters said they were stunned by the board’s refusal to commute Bennett’s sentence.

“He is a good man. He made an honest mistake. I am shocked, really,” said Pastor Gary Hopkins of Omaha, who spoke for Bennett at the hearing.

“We were expecting something different,” Hopkins said.

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Educator wrote on July 10, 2007 1:14 am:
" This is a very sad day indeed. He is being faulted for following his attorney's advice at the age of 21? This is like a game of choosing which shell has the ball under it. A game of chance. Had he known the outcome of each decision, of course he would have chosen the outcome with the lesser sentence. I've known those who have also come out on the worse end for taking the plea bargain. It is not an exact science. And this sounds to me like a horrible accident. Certainly not premeditated. He got hit in the head with a bottle. He threw a rock. Everyone was drinking. Not extraordinary enough? In whose eyes? Sit in prison your entire life and say it is not extraordinary. Yes, maybe it is time that the gate was opened and those other 200 cases were looked at in closer detail. What the general public does not realize is that some of those 200 are similar to other cases in which the offenders are already on parole or jammed out. The problem is the inequity of the sentences. Two people can commit virtually the same act. One is out in 10 years and the other spends his life behind bars. Where is the justice in that? "

 Jim wrote on July 10, 2007 1:51 am:
" tragic. the justice system is truly flawed. "

 tough one wrote on July 10, 2007 2:52 am:
" This one is hard to judge, not being old enough to have been around when the crime occurred. Did he intend to kill a person, from what is written hear, probably not since he called for help and stuck around, was he mad at the moment of the crime, yup. Are we wasting tax dollars incarcerating a man who is probably not a threat to society, yup. Is Brunning, (for the record I am usually a Brunning supporter, but not in this case) trying to look tough on crime under the political microscope with his recent announcement, yup. Am I 99.9% usually in favor of the death penalty, eye-for-an-eye, yup. But not here, not now. This guy has paid his time, has a support system already in place, has the blessing of his minister, is taking college classes, has family willing and able to help him re-establish, and is not a hardened criminal. Come on give a guy a chance. "

 Meh wrote on July 10, 2007 3:57 am:
" DAVE HEINEMAN: “Why would I vote to overrule the judicial situation without an extraordinary set of circumstances?” Well, Dave ... isn't that sorta exactly what Monkey-Boy just did for Scooter Libby? I guess he didn't qualify for the Republican special dispensation, being poor and unconnected. Heck, why not tack on ANOTHER 30 years so you and Frat-Boy can scribble: "Tough on Crime" on your campaign brochures? "

 Ralph Thomas wrote on July 10, 2007 5:09 am:
" If only he had run and hid, or maybe lied about it he'd be eligible for commutation just like georgie's buddy Libby. "

 Okie wrote on July 10, 2007 5:28 am:
" Law and order politicians? Oh, please. It's only that way when it's politically expedient for the politician. Past pardons from various presidents can tell use that. "

 loathsome politicians wrote on July 10, 2007 6:47 am:
" Why, in these self-described "right-to-lifers," is there so often an underlying callousness, nastiness, and disregard for the reality of the human condition after a fetus emerges from the womb? They want every fertilized egg to come to term, yet the world they're creating increasingly makes me wish I'd never been born. Heineman and Bruning appear much more interested in their political careers than they do in humanity. Predictably disappointing, yet truly disgusting. "

 The Mighty Quinn wrote on July 10, 2007 6:53 am:
" Meh... there was an extraordinary set of circumstances in Scooter's case. What? The whole damn thing was nothing but a political witchhunt, the prosecutor didn't do his job of identifying the leaker, had the prosecutor done his job when he knew Armitage was the leaker, Scooter would never have been a part of the investigation, and all Fitzgerald was trying to do through the entire process is get some media face time to help his 2010 Virginia US Senate campaign for John Warner's seat. If those circumstances aren't extraordinary, we need to stop using the word because no one knows what it means. Scooter deserves a pardon. He never should have seen the inside of a courtroom about this. He never should have seen the inside of a police station over this. A commutation is a slap in the face to the man. "

 Bill W wrote on July 10, 2007 7:03 am:
" Wow. Anything to politicize it and slam Bush. Explain to me how murder and perjury are on the same level. Bush was worng for pardoning Libby, just like Clinton was wrong for pardoning Rich. Rich and Libby didnt kill a man though. Life means life. "

 Chris wrote on July 10, 2007 7:07 am:
" He is lucky to be alive ..... he should be thankful he didn't get the death sentence. "

 Bob wrote on July 10, 2007 7:25 am:
" The fact that he did not run and instead stayed with the victim and called an ambulance speaks volumes for what kind of person this man is. This politically motivated vote sends the message that others, in a similar situation, shouldn't hesitate to run... Bruning and Heineman are both heartless politicians. "

 Bruning, Bruning, Bruning wrote on July 10, 2007 7:47 am:
" Glad to know he thinks about "his conscience," even when his conscience is in opposition to actual evidence. Truthiness reigns in Nebraska! As Stephen Colbert says, "I hate facts because facts change ... but my opinion will never change, no matter what the facts are!" "

 Corrections reality wrote on July 10, 2007 7:50 am:
" Lifers and other long-number inmates need some incentive to behave and not act out. This is for the safety of the correctional staff as well as the safety of other inmates. One of those incentives is the possibility, however slim, that they may qualify for commutation of their sentence if they really take advantage of opportunities to rehabilitate (instead of join gangs and cause problems). With their "conscience" and "not exceptional" votes, Heineman and Bruning sent the message to a lot of inmates (who do read the newspapers) that there's no reason to rehabilitate. As a former corrections employee, I am concerned about this. "

 Sarah wrote on July 10, 2007 8:10 am:
" So if a guy kills me and then calls an ambulance my family is supposed to feel better about it? Notice how no one is speaking of the victim here. Only the killer gets sympathy. Since when did murder become an "honest mistake"? "

 CS wrote on July 10, 2007 8:11 am:
" He was initially charged wrongly in the first place. There is nowhere in the facts displayed that stand up to premeditation, unless getting into a bar fight while being black somehow constitutes premeditation. Once again NE is shows to waste money on things that 'feel good' but aren't utilized. Why is there a pardons board at all? They never do anything with the excuse of "we won't go against the original facts of the case...." well, what are you there for then? "Yup...they said he did it 20 years ago...good enough for me". How much do they get paid to do that? I could do as well for less. "

 Hank wrote on July 10, 2007 8:11 am:
" The response to this awful decision by the Clemency Board is simple: Don't ever vote for any candidate who makes a bog deal about "law and order." We already have by far the highest percentage of people in prison of any country in the world. This is nothing to be proud of. The way to change this is to vote for humane people to run our government, not the cruel Brunings and Heinemans that we have elected in Nebraska. Come on voters, what kind of society do you want? Stop voting for right wing extremists! Challenge your right wing friends when they try to justify their votes for these cruel politicians. "

 Wm Morris wrote on July 10, 2007 8:11 am:
" Once again, Heineman and Bruning prove their interest in their own political careers is more important than doing what is reasonable and right.Neither looks at anything without considering how it will promote them politically. No public servants in higher office in Nebraska, just self-serving politicians. "

 JW wrote on July 10, 2007 8:18 am:
" The thing that gets my attention here is, he threw a rock. What were the chances that rock would kill the guy? Question to our Gov. and Atty. Gen. how many have been pardoned or paroled in cases where guns were used? You people need to get a clue. This guy had no criminal history before the rock throwing death. Do the right thing Dave and overide this decision!!! "

 Big Chief wrote on July 10, 2007 8:22 am:
" I was hoping Reggie would get a shot at commutation. I didn't know any of the details of his crime until I read about them in the LJS. I cannot understand how a determination of first degree murder could have been applied in his case unless there is something being left out of the LJS reporting. I think that Reggie would be a productive citizen on the outside and I hope that he eventually gets another chance. "

 Mike Honcho wrote on July 10, 2007 8:50 am:
" There is already no reason for inmates who are serving a LIFE sentence to rehabilitate...it's that whole "life" part that people are skipping right past. This man killed another human being. It is apparent that he is remorseful and is probably reformed, but he should have taken the deal. By continuing with a trial, it showed that he thought he was not guilty, period. How many lawyers are going to turn down an offer of manslaughter and try to go up against a murder defense when it's quite clear that their client killed someone? Not too many lawyers are going to take that case to the bitter end because it is a waste of their time and money. I don't see anywhere in the article where it suggests that the man's lawyer advised him against taking the plea...I'm guessing he made that decision on his own. While part of me feels sorry for the guy...we each choose our own path in life. "

 Shriner wrote on July 10, 2007 9:27 am:
" OK let’s not forget the fact this Guy was 21 an Adult, He threw a stone that killed a man. And if this man was your Brother, Father or even your Son you would have wanted the chair, What he did was wrong and of course he stayed for 911 to get there he knew he had done something wrong after it was done. And knew he was going to be in a lot of trouble for what he did. An accident is a 2 year old spilling his milk a murder is a 21 year old throwing stone. If you can’t do the time, don’t do the crime. "

 Angry wrote on July 10, 2007 9:38 am:
" Saturday's article explains what happened in more detail: http://www.journalstar.com/articles/2007/07/07/news/local/doc468eeb1b877b4320507721.txt I'm just going to skip over the obvious ignorance of our Governor and AG, and say what happened to the person that threw the beer bottle first? They had the same intent that Mr. Bennett did, only they didn't accidentally kill some one. I hope he was prosecuted just as "fairly" as Mr. Bennett was. "

 rb wrote on July 10, 2007 9:41 am:
" I have had the chance to work with Mr. Bennette, he is a good person, I believe he has been wronged by people who are only motivated by the fack that 200 other people have life also, and they might have to do a little work and who cares that maybe somebody out of those 200 beside Bennette might deserve a break. Give Bennette a break. "

 embarassed conservative wrote on July 10, 2007 9:45 am:
" It's very easy to say "life is life" when you don't know the individual and all the circumstances. If this were someone you knew, that you have gone to LSP to visit for 25, 30 or 40 years, that you had seen change, you might not be so callous. The fact is, that every one of those men on the pardon board swore an oath to uphold the laws and the Constitution of the state of Nebraska, and the laws provide for clemency in certain cases. If these politicians don't want to accept their responsibility on this board they should resign from it. I know of one man currently serving a life sentence for felony murder, he was involved in robbery in which a man was killed. He had no gun, shot no one, and is still in prison, when the man who actually pulled the trigger and killed the victim got his sentence commuted and was released. He has been in prison for 44 years for being in the wrong place at the wrong time. At least the pardon board members are consistently misguided and gutless. "

 Mr. Wonderful wrote on July 10, 2007 10:25 am:
" Heineman is wrong in this case. Compassion and mercy are two of the foundations for a Christian. I think the real issue is all the extra work etc. that would happen if the "flood gates" were opened. Sad that one man needs to spend the rest of his life in prison to save the state some paperwork. I'm very disappointed in our Governor. "

 Nina wrote on July 10, 2007 10:44 am:
" Rehab should be a goal, also taking into account the crowded conditions at the prison. But the real goal may be meant to punish further than others received for doing the same kind of stupidity, just because he made the wrong choice for his trial. The parole board acts as a second jury, deciding if their mission is to return excellent rehabbed candidates to society, or to punish some more. Just as life is not fair, it seems that justice is not just. Not only will this ruling affect others' sincere attempts to rehab, but it will greatly increase depression, resulting in higher medical costs and greater risk of suicides in prison. I think they just threw the baby out with the bath water. "

 Avg Taxpayer wrote on July 10, 2007 11:27 am:
" Come one now Shriner, this is NOT murder. Manslaughter yes, but no where was there a malicious act. This is a fight and fights happen all the time. Sometimes people can be hurt or even badly hurt. On some rare occasions death may accur. Like all of the other "posters" stated, this sends the wrong message to EVERY SINGLE INMATE doing any long sentences. This case IS totally political and so very sad for my fellow Nebraskans, even you stone hearted ones. Some of you act all high and mighty, let you not forget you also sinners too! Remember this is no "Middle Eastern" country where it is expected to rob people of there legal rights. "

 Recall Heineman wrote on July 10, 2007 11:31 am:
" Another great decision by "Dave the Great." Yes, life should be a punishment for murder, but note no one opposed the commutation. Part of prison sentences is supposed to be to protect society. There are several people in prison serving life sentences who no longer pose a threat to society and cost the state outrageous amounts of money for health care and housing. Instead of building a new prison, which is going to have to happen soon, why not release some of these older inmates who have served 20 or 30 years and are no longer a danger to society? Gov. Dave could not play the tough politician if we did that. Remember this decision when he tells you there is nothing he could do to avoid the need for a new prison. "

 Do not jump wrote on July 10, 2007 12:03 pm:
" to conclusions. There are many other details then what is in the above article. Its been allegded he lied to officers about his name and being on his way home from work when he "found" the man. They also found the victims wallet in his apartment. None of us will know what really happened. He doesn't sound all that innocent. "

 David Fields wrote on July 10, 2007 1:32 pm:
" Our pardon and parole system in Nebraska is a joke. Our politicians would rather throw mega bucks at new prisons rather than trying to resolve the problem of our growing prison population in a realistic manner. We can't afford health care in this state, but we can keep people in prison indefinately. "

 wise one wrote on July 10, 2007 1:46 pm:
" the quality of a social group is best judge by the mercy it shows. and this vote by the three wise man shows 2 who who show no mercy,commen sence, and bad political cards. this man shows reabilatation is possible, and the money being spent to incarcerate him could be better spent. "

 T wrote on July 10, 2007 1:58 pm:
" Do you realize that Scooter was sentenced to prison by a judge who served in the white house under Bush SR, and was appointed to the bench by Bush SR. This judge stated that he gave the prison sentence to Libby because the evidence against him was so overwhelming. "

 Jan wrote on July 10, 2007 2:13 pm:
" It really is so disgusting how heartless some people are. No one deserves a second chance, no one makes any mistakes, if you do the crime do the time. All that would be fine if we had a justice system that was fair; but we don't. If you can not tell the difference between an accident and murder you are in serious need of help. Pray you never kill someone in car accident and you have a prosecutor like Bruning trying to lock up for life. And to answer the question of how would I feel it was my brother..I would feel same. Injustice is injustice no matter who is involved. "

 Dan wrote on July 10, 2007 3:56 pm:
" There is far more to this story then they tell in this artical. I remeber the crime and it was a brutal killing from the press publications at the time. "

 What? wrote on July 10, 2007 5:05 pm:
" So, we should ignore the evidence, and instead trust your superior memory of a news story from 30 years ago? Wow, with fine logic like that you could be on the Nebraska Board of Pardons. 'Tis Christian to forgive, but 'tis unheard of for the the "Christian" right. "

 Unbiased wrote on July 10, 2007 7:42 pm:
" Taking into account everything I have read from the article and fellow bloggers, I believe this man should have been allowed clemency. Mr. Bruning should not be on a Board of Clemency if he does not believe in clemency. Simply denying a request because it will lead to more requests and diminish the guarantee of 'life in prison' overlooks the unique circumstance of each case and invokes an automatic denial before the facts are even heard. I would like to applaud Mr. Gale's attempt at an unbiased decision. His reasoning seems fair and thoughtful. Mr. Heineman seems pre-occupied and wanting 'to get this over with'. How can you see anything but special circumstances in this death? How many other murderers with 'life' took the time to call an ambulance and wait by there victims? Please take more time in your decision when a Nebraskan's life is in your hands. In conclusion, I am very disappointed in our Governor and the lack of real compassion our elected officials have for the people they propose to serve. "

 Mike wrote on July 11, 2007 3:17 am:
" There are a number of facts not mentioned. The victim had MULTIPLE head wounds. Apparently, that rock kept bouncing up in the air and coming back down to hit the victim again and again - Super Rock! This was not a bar fight. This occurred outside the victims residence. The victims wallet was found in the killer's apartment. Actually, after reading what happened, the evidence suggests that the killer tried to rob the victim. The victim fought back and was beaten senseless and later died. Therefore, while the killing was not premeditated, the robbery was. Therefore, he is guilty of premeditated murder - first degree murder. For you Christians out there, the Bible says the penalty is death. Bennett seems like a very nice person now. He seemed to have been immediately remorseful. He probably just needed some fast money and was desperate and gave in to a moment of weakness. However, I don't want my family to be allowed to be robbed and killed and then a remorseful murderer let free. By the way, the commutation process stopped in 1990 when Ben Nelson took office and said a life sentence meant life. So, you people ragging on Heineman and Brunning must blame Nelson and Johanns, also. By the way, I spent 7 years in Prison ministry here in Lincoln. So, I have compassion. I wish we could let Bennett out (and Deputy Dodge's murderer - Terry Reynolds). They are both very nice people. However, we have to let future potential murders know Life is Life. "

 Dan wrote on July 11, 2007 7:55 am:
" What evidence? I'm sure the origional jury saw more evidence and heard more tesitmony then this artical says. "

 Dawg wrote on July 11, 2007 9:34 am:
" This should of been a manslaughter case period. "

 kelly33 wrote on July 11, 2007 2:03 pm:
" Yes, we should see that this gate is opened. The people behind bars simply aren't getting any better as a result of being behind bars. There are treatment processes which could make them useful and proud citizens. Can we not be clever enough to adapt other state's plans to make this possible, to reduce our costs, to improve their lives, to actually allow them to give back to society just a part of what they have taken? I'm not saying we throw open the doors, but please, let's be sensible. Keeping a person for another few years isn't helping anything. "

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