Advertisement - Click to support our sponsors.
Cayetano gave A former lawmaker convicted of voter fraud and three police officers are among 84 people pardoned by Gov. Ben Cayetano since he took office in 1994.
out 84 pardons
A former legislator
and three police officers are
included on the list
How to get a pardon.
By Debra Barayuga
Star-BulletinThe list, released yesterday by the governor's office, includes former attorney Tom Foley, who was nearing the end of a four-year minimum term for driving drunk and causing a 1995 car crash that killed Ho Pin Tsai and injured his wife.
Foley's pardon prompted criticism from Republican lawmakers and Mothers Against Drunk Driving, who say he got special treatment and that sends the wrong message to the people of Hawaii.
But the Hawaii Paroling Authority defended the pardon process, saying it doesn't mean a person is no longer guilty or is acquitted of a crime for which they have been convicted.
"The state forgives, but not forgets," said Max Otani, acting division administrator of the Hawaii Paroling Authority.
In Hawaii, unlike some other states, the conviction remains on the defendant's criminal record and is never expunged.
Each case is decided on its own merits, Otani said. Ultimately, it's the governor's decision.
The pardon application involves a four-step step process that can take eight months to a year: Applying for a pardon
A convicted defendant submits a three-page application to the Hawaii Paroling Authority. The application includes two character affidavits from people who can attest to his character and standing in the community.
Star-Bulletin staff
The governor puts much thought into each pardon, said Kim Murakawa, Cayetano's press secretary. "He really deliberates and takes a lot of time to consider and review the case."
Once a pardon is granted, the defendant is released from any remaining prison sentence, probation or parole.
Foley was pardoned July 28 at the request of the victim's family, for being a "model inmate," and for exemplary participation in the work furlough program.
A pardon can be likened to a "certificate of rehabilitation," awarded to convicted persons who have proven they have changed their lives for the better and are no longer a threat to society, Otani said.
Anyone who has been convicted or sentenced for a crime can seek a pardon.
Once pardoned, a defendant can serve on a jury, seek public office or, if given express authorization, possess or use firearms.
People who have completed their sentences and are seeking jobs in law enforcement or require security clearances are among those who seek pardons, Otani said.
Three police officers who had old convictions prior to a 1996 federal amendment that prohibits anyone convicted of domestic abuse or violent offenses from carrying firearms have remained with the Honolulu Police Department as a result of being pardoned.
Gene Albano, a former Kalihi lawmaker convicted in 1993 of voter registration fraud, said he sought a pardon mainly so he can once again bear firearms and pursue his hobbies of hunting and target shooting. After two requests by Albano, Cayetano pardoned him last May upon the recommendation of the Parole Board, Albano said.
Although he wasn't granted permission to possess firearms, Albano is grateful to the governor for the pardon. "It is a public acknowledgment by the governor to the whole world that I'm not dangerous. I am a productive, law-abiding citizen," he said. "I wasn't convicted of a violent crime."
An Oahu grand jury indicted Albano in 1983 for illegally registering voters in his Kalihi Kai-Iwilei House district. He had served two terms in the state House before he was defeated in his 1984 re-election bid.
Albano says he made a big mistake and had no intention of committing fraud. He was sentenced to five years, but was given a minimum term of 18 months by the parole board. He was paroled before his minimum term was up because of good behavior, Albano said.
He moved to California to serve out the remainder of his five years parole, but was released from parole before the term was up, again because of good behavior.
Since returning to Hawaii in 1996, Albano has returned to banking, where he spent 25 years before running for public office, he said.
Although his former constituents urge him to run for public office again, he hasn't considered it.
"I'm not a professional politician, I just wanted to serve the community," he said of his previous terms in office.
Here is the list of 84 pardons granted by Gov. Cayetano : Cayetano Pardons
State Web Site
