There has only been one sentence commutation since the 1990s in Massachusetts and Allen’s allies aim to make him the second.
In 1994, William Allen was with a friend, Rolando Perry, who planned to rob a drug dealer. The court said that the robbery ended in the murder of the drug dealer being stabbed to death by Perry.
According to the court documents, the man who committed the murder was released from prison on parole 11 years ago after pleading guilty to second-degree murder.
The paperwork in support of Allen’s commutation states “In 1997, William was convicted of first-degree felony murder based on the jury’s finding that he had been a joint venturer in an armed robbery of a reputed drug dealer.”
The paperwork also states giving William a second chance now is consistent with the very goal of commutation: to serve as a strong motivation for confined persons to utilize available resources for self-development as an incentive for them to return to society.
Unlike a pardon, a commutation doesn't mean that there's forgiveness for the underlying offense. It means that the period of incarceration served for the offense has been reduced.
“Further, commuting William’s sentence will provide meaningful and strong inspiration for other prisoners to strive for something better, too, including and especially the many men William has mentored and taught by example over the past 26 years of his imprisonment,” the paperwork states.
A group known as the Second Chance Justice is hoping to change his life again, advocating for Allen’s release.
According to the Second Chance Justice organization members, which include those in the Brockton Interfaith Community, are working to expand clemency in Massachusetts through education and advocacy.
According to the organization members, they are specifically working to raise public awareness and galvanize support to get Governor Baker to grant William Allen a commutation.
Kristine McDonald, one of Allen’s four lawyers, said Allen was convicted of felony murder by the jury after admitting to the crime and was charged life with no possibility of parole although he never actually killed anyone.
William’s crime, felony-murder as a joint venture, could no longer be charged with first-degree murder today under a 2017 decision by the Massachusetts Supreme Judicial Court known as Commonwealth v. Brown, McDonald said.
The court document reads, “If he were prosecuted today, he could not be charged with first-degree murder under Commonwealth v. Brown, (holding that prospectively, felony-murder will no longer be an independent theory of liability for murder).”
As the group is seeking commutation for Allen, they said they are continually working to prove why he is so deserving of a second chance.
Massachusetts has only granted one commutation since the 1990s, McDonald said.
October of 2020 marked the first commutation meeting since 2014 under Governor Baker, McDonald said.
According to the court documents, Mr. Allen is petitioning the Advisory Board of Pardons for a commutation pursuant to Governor Charles D. Baker’s Guidelines.
Several letters have been sent to Governor Baker in support of Allen’s case, McDonald said.
Joe Moore, another member of the Second Chance Justice organization advocating for Allen’s clemency said William is a remarkable person.
“William’s magnetism sucks people in,” Moore said.
Moore said Allen has transformed from age 20 to age 47.
While in prison, Allen completed his barber certification, volunteered to clean during COVID, acted as a mentor and companion to other prisoners especially those with mental illness, and has become well respected by fellow inmates and correction staff, Moore said.
According to the petition asking for clemency for Allen, the former Brockton man “has spent time while incarcerated making every attempt to better himself and be a productive and positive influence to those around him.”
“Mr. Allen has no remedy available to him other than commutation. He is serving a life sentence without the possibility of parole,” the clemency petition stated.
Dana Curhan, an attorney specializing in appellate work and a former assistant district attorney, governors are hesitant to issue commutations because they worry about the political ramifications if the person commits a crime after they get out.
Curhan said that is one reason why it can be so difficult to win someone a commutation. “Whenever someone on parole screws up that sets everything back two years,” he said.
According to the Bureau of Justice, the 401,288 state prisoners released in 2005 had 1,994,000 arrests during the 9-year period, an average of 5 arrests per released prisoner. Sixty percent of these arrests occurred during years 4 through 9.
Curhan said it can also be difficult to get first-degree murder cases overturned, even where the defendant was convicted under the joint venture theory. “I’ve done about 100 cases and I probably should have won half as many as I did,” Curhan said.
“I have had at least half a dozen joint venture cases in the 90s and during that time the perception of Brockton was pretty bad,” Curhan said.
Brockton Police Chief Emanuel Gomes said drug ripoffs and violence tied to drugs were common in the 90s in his city.
“ Most of the murders during this time were drug-related which led to ongoing retaliation,” Gomes said.
Gomes said in his experience prisoners who are released often re-offend but not quite in the same way. He noted those imprisoned for gang-related violence for a long stretch often come out without getting involved in gangs again.
As for the difficulty of commuting sentences, Gomes said those let out often do not commit similar crimes.
“These young men who stay in prison 10-15 years often re-offend but not so much with gang violence,” he said.
People are more likely to receive commutation for life-threatening medical conditions, Gomes said.
In the court document, Allen also asked that Governor Baker consider commuting his sentence to time served in light of the current COVID-19 pandemic, which is particularly dangerous to Allen given his serious underlying health conditions, including asthma, lupus (an autoimmune disease), hypertension, atrial fibrillation, and history of liver disease.
In his petition, Allen asked that his life without parole sentence be commuted to a sentence of life to allow him the possibility of parole.
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