By Paige Fitzpatrick
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The Second Chance Justice Coalition is fighting to get the governor to commute the life sentence of a Brockton man who was convicted of a felony murder 24 years ago, even though he was not the person who killed the victim.
William Allen was 20 years old when he participated in an armed robbery of a reputed drug dealer in a Brockton apartment with his friend, Rolando Perry in 1994. Allen held women in the bathroom at knifepoint while Perry stabbed victim, Purvis Bester to death.
Deborah Gray, one of the women in the apartment held by Allen said that Allen protected her and the other women from Perry, according to the commutation petition papers filed.
Perry came in the bathroom and began yelling at the women to give them drugs or money, but Allen protected them.
“At that time the tall black guy said ‘be cool, be cool. They haven’t got nothin’. They’re OK.’ And kind of pushed [Perry] back out into the main room,” Gray said.
Perry also said in the commutation petition papers that Allen was not involved in committing the murder of Bester.
“We had no premeditated plan to murder or harm anyone. The actions that resulted in Mr. Bester’s murder were my own and not shared with Mr. Allen,” Perry said.
Perry pled guilty to second degree murder and was paroled in 2009 after serving 15 years. Allen rejected the offer to plead guilty because he believed he could not be convicted for a murder he did not commit, his supporters said.
Allen was charged and convicted of first-degree murder as a joint venturer and sentenced to life in prison without the possibility of parole in 1997.
Allen’s current attorney, Kristine McDonald, said that Allen was convicted under the “ultimate technicality” and laws have changed in the past 27 years since his conviction.
If Allen were prosecuted today, he would not likely be sentenced to life without parole based on the 2017 Commonwealth v. Brown case, which held that felony murder could not be an independent theory liable for murder. However, this ruling was not retroactive.
During Allen’s time in prison, he has evolved and led an exemplary life behind bars, a committee member, Joe Moore, said.
Prisoners sentenced to life cannot gain “good time” to be rewarded an earlier release, but Allen has still exemplified great self-development and improvement, Moore said. Allen has excellent disciplinary records, a relationship with his fellow inmates and guards, and is always spoken of highly by the visiting officer, Moore said.
Allen has completed several educational and developmental programs while incarcerated and earned his master’s barber’s license. He also serves as a eucharistic minister and a mentor and companion at Bridgewater State Hospital for mentally ill patients.
William’s case has even gained celebrity attention. New England Patriots player, Devin McCourty supports the committee and advocates for Allen’s clemency. He urges the community to push for change.
“We elect people to do a job and it is our job to keep them accountable,” McCourty said.
In Massachusetts, the governor is granted clemency to commute individuals who meet their guidelines set in place from the three-step commutation process. However, the process is complicated and is rarely completed. There has only been one commutation granted since the 1990s in Massachusetts.
More than 1,000 prisoners are serving life without parole in Massachusetts, which makes up 13% of the prisoners in the state, according to the Massachusetts Department of Corrections prison population trends report of 2017. People are rarely commuted because of its foreseen risk.
Brockton Police Chief Emanuel Gomes said gang and drug violence were rampant in the Greater Boston and Brockton area during the 90s.
“This was some of the highest murder counts we’ve seen in decades, a number that we have yet to match today,” Gomes said.
When commuting murder sentences, the board wants to see that the person has served a substantial amount of time, was not the actual murderer, and shows aspects of empathy, Gomes said.
Appellate Attorney Dana Curhan said he also saw a large number of cases like Allen’s occurring in the 90s.
“When you asked about a joint venture murder in Brockton in the 90s, I had to ask which one because there were so many,” Curhan said.
Curhan said that it is always difficult to overturn a joint venture case in Massachusetts.
“As a defense attorney I’ve won maybe seven or eight cases and I’ve done about 100 in my career,” Curhan said.
Governors can be reluctant to commute cases when they are up for reelection, they do not want to look too soft on crime, Curhan said.
“The number has flatlined while population of people serving life without bail has steadily increased and the reason for that is politics, it is viewed as politically risky,” McDonald said.
However, the Second Chance Justice coalition has hope for Allen.
Allen’s lawyers filed for commutation on March 8, 2017. They filed a lengthy document with extensive supporting documents exemplifying Allen’s character and efforts towards self-improvement before the parole board.
In March of 2021, the Massachusetts Parole Board granted Allen a commutation hearing. This will be the second commutation hearing under Gov. Charlie Baker since he took office in 2015.
The date for the parole board hearing is set for this June.
If the board recommends a commutation after the hearing, Allen’s case will be heard before Governor Baker.
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