Dear Friends,
The clemency process focused on Gerald today. It let us know of the positive impact he, as an adult, has had on so many of us. It tells the remarkable story of a remarkable young man. The story is still more amazing when one thinks back on a skinny little southern boy ... intelligent, alert, alone and resilient. Exceptionally successful in school and in reality largely raising himself. That little boy was transplanted to life in urban Seattle arriving with a festering leg injury and again haunting loneliness from lack of supervision and care.
Soon he was a young man, in most ways still a little boy, vulnerable to the dangers of unwatched life on the city streets. I have never heard Gerald tell his early story seeking pity or sympathy. I know he has never used it as an excuse. But quite honestly the first half of Gerald's life permitted him to plunge into this second half of his life. And from real depths his resiliency has been dominant.
The clemency appeal spoke well of how he recovered from a daunting and seemingly hopeless position. Somehow sunshine still shone on this young man while he was existing in places much harsher than those of his early life. He rose above adversity that I cannot imagine. Along the way he has constructively and positively touched many of our lives while facing life in prison without the possibility of parole.
The honor paid him by the clemency board's unanimous vote is profound. The Governor's dismissal of this recommendation is equally profound.
In our Washington State prisons, other inmates watch the case of Gerald Hankerson. He has demonstrated to them and to many others that rehabilitation does happen. He may have appeared doomed by life's circumstances, but in actuality, he has been placed in front of us all as the example of how human beings can change, impact others positively, and leave behind the hopeless despair that has swallowed so many others. But not Gerald Hankerson. He represents hope.
I believe that citizens of our state need to have Gerald Hankerson working beside us all for the betterment of us all. I feel prisoners in the state need to have the story of his extremely positive example have a different conclusion than it does now. We owe it to everyone to have the Governor reconsider her decision.
Thank you, sincerely,
Harry F. Finks
Exciting Update
On April 9,2009 Governor Christine Gregoire signed off on Gerald release after serving 22 years on a Life without Parole sentence. See below the articles from the Daily Weekly & Seattle P.I.
Daily Weekly 04/13/09 writes~
In Change of Course, Gregoire Commutes Prisoner's Sentence
By Damon Agnos in Crime & Punishment, State of Washington
Governor Gregoire has been known as one tough clemency judge, rejecting the petitions of even those the clemency board recommends for pardon. Take Gerald Hankerson, for example: in 2007, the clemency board made him only the second person in her first term to receive a unanimous recommendation of clemency. But his petition was opposed by King County Prosecutor Dan Satterberg and by the victim's family, and Gregoire denied him clemency.
So it came as a big surprise when on Thursday, Hankerson was called into the office of the Stafford Creek Correction Center's superintendent and told, "You're a free man." It wasn't that simple, of course; he had to agree to a seven-year set of conditions similar to those of parole. But after constant lobbying from Hankerson's supporters and a letter from Satterberg's office, this time endorsing Hankerson's petition, Gregoire had conditionally commuted his sentence.
Sunday, Hankerson celebrated his release at an emotional Easter Service at Greater Mount Baker Baptist Church and at a Renton dinner party thrown by his supporters. Locked up since he was 18, the 40-year-old Hankerson had become a cause celebre among local criminal justice-reform activists, including the Seattle/King County NAACP and its president, James Bible.
His case is summarized in this P-I article from 2007. The gist of it: when he was 18, he says he stopped by a corner store to get someone over 21 to buy him beer. He says that he saw two men chasing Nai Van Saeturn, a 27-year-old who had just bought some pop at the store; Hankerson says he thought Saeturn had taken their money and kept the beer for himself, so he grabbed Saeturn and then tackled him. When the other two men caught up to Saeturn, one of them, Alvin Mitchell, stabbed him to death.
Mitchell told police that he and Hankerson had planned to rob Saeturn, and that Hankerson beat Saeturn while Mitchell stabbed him. On that evidence as well as the testimony of several witnesses, and despite some misgivings by the jury, Hankerson was convicted as an accomplice to aggravated first degree murder and given a life sentence without the possibility of parole. Later, two of the key witnesses—also teens looking to score beer—recanted, saying they had been pressured into their testimony.
Sunday included some mention of the facts of his case. Bible talked about the numerous legal appeals, and Hankerson voiced his desire to apologize to Saeturn's family. "First chance I get I'm gonna give my apology...I wrote to the victim's family. Even though I didn't take his life, I am responsible because I could've prevented it and my action that stopped this guy allowed it to happen."
But the focus was mainly on Hankerson's life in prison and his plans moving forward. At the dinner party, flanked by his girlfriend Michelle—whom he got to know when she was a criminal justice student and later a prison volunteer—and a gaggle of supporters, including those with whom he'd served time, Hankerson reminisced on being a 19-year-old in solitary confinement in the same row as the death row inmates in Walla Walla. He ran off a list of names (Charles Campbell, Mitchell Rupe, et. al.) and recalled how "they told me I was the unlucky one; they got to die, I had to spend the rest of my life in misery in prison."
Hankerson and his fellow prison alums also recalled Hankerson's successful move to integrate the then-all-white Concerned Lifers Organization—a move that the others seemed to think was insane and that led Hankerson to fear for his life—and how his leadership of both that and the Black Prisoners Caucus earned him the nickname "The Governor." His popularity in prison was evidenced by the constant stream of congratulatory calls he received from those who are still locked up.
One of the calls was from Barry Massey, who was profiled in Nina Shapiro's piece and who was sentenced to life without parole for an aggravated murder conviction at the age of 13. Hankerson calls Massey his best friend. The two entered Walla Walla the same year; Hankerson was 18, Massey 13. Said Hankerson, "My better half is in prison still. I'm extremely grateful, but he deserved [to be released] more than me. The only thing I'm saying to everyone in this state, man, [is] we should be embarrassed about locking someone up for life who's 13. At what point do you forgive?" Hankerson said he wants to bring attention to ex-offenders who have been rehabilitated, so that society "can see the need to give people second chances."
He still seemed in disbelief at his first glimpse of the outside world in over 22 years. When another man mentioned that he'd served six years, Hankerson quipped that he'd done six years in the shower alone. And he laughed as he recalled how he tried to bus his own table at a Northgate restaurant on his first meal out.
"I'm livin' the dream," he shouted across the room to Keith Brooks, a fellow former inmate who now teaches non-violent communication in prisons. "I can't even see this in a dream."
"Me either," said Brooks.
Seattle P.I 04/13/09 writes~
Sentenced to life, Seattle man freed after calls for his release
By LEVI PULKKINENSEATTLEPI.COM STAFF
After 22 years behind bars, Gerald Hankerson was released from prison last week after Gov. Chris Gregoire commuted his life sentence.
Hankerson, now 40, was convicted of aggravated murder in the 1987 slaying of 27-year-old Nai Vang Saeturn, who was beaten and stabbed to death as he walked home from a Central District grocery store.
Hankerson's co-defendant, Alvin Mitchell, told police that he stabbed Saeturn as Hankerson beat him, but later admitted to lying about Hankerson's involvement in the attack. Mitchell later hanged himself while in prison.
Speaking to former Seattle P-I reporter Tracy Johnson in 2007, Hankerson admitted he briefly grabbed Saeturn -- he mistakenly thought the man was stealing beer money from Mitchell and himself -- but said he didn't help Mitchell chase him down and kill him.
"Later on I realized I was just as responsible for committing the crime. I did grab the guy, which led to his death," he said at Stafford Creek Corrections Center in Aberdeen. "I accept responsibility at every level for that."
Regarded as a model prisoner, Hankerson has drawn support in recent years from the Seattle chapter of the National Association for the Advancement of Colored People, area churches and others.
In a statement issued Monday, Gregoire said she was swayed by a recommendation from King County Prosecutor Dan Satterberg, who had previously opposed the move.
"I relied heavily on the recommendation of Prosecutor Satterberg who now, after opposing clemency for Mr. Hankerson two years ago, recommends clemency for him," Gregoire said. "He based his opinion on the fact that Mr. Hankerson would not have gotten a life sentence today for his crime, as an accomplice to a felony murder, and because Mr. Hankerson accepted full responsibility of his conduct."
Gregoire said the commutation is conditioned on Hankerson's strict adherence to community custody requirements; should he violate them, he would be forced to serve his sentence.
Noting that Hankerson's conviction was, in his view, wrongly obtained, Seattle NAACP President James Bible said Hankerson's work in prison showed that he deserved to be released.
While in prison, Hankerson earned his high school diploma, helped raise money for needy children and went on to lead two prison groups, the Concerned Lifers Organization and the Black Prisoners Caucus.
"We all felt that Gerald Hankerson was one of the most rehabilitated people anywhere in the country," Bible said. "We're elated that the governor took such a bold move with someone who is so deserving."
Bible added that his thoughts and those of others who supported Hankerson's release are with Saeturn's relatives, who had previously opposed his release.
Hankerson's pleas for release were unanimously supported by the state clemency board and, most recently, Satterberg.
Following a since-rescinded recommendation from the King County Prosecutor's Office, Gregoire denied Hankerson's request for clemency in 2007 which the state clemency board had approved. The governor reversed course Thursday, allowing Hankerson to be freed immediately.
Responding to the governor's order, Satterberg praised Gregoire for rectifying the exceptionally lengthy sentence imposed on Hankerson. If convicted today, Satterberg said in a statement, Hankerson would not face a life sentence as an accomplice in such a killing.
"The governor's decision achieved a fair result for an inmate who has taken full advantage of his time in prison to make positive changes in his life," Satterberg said.
In her statement to the media, the governor acknowledged Hankerson's release "will not lessen the pain" he caused the victim's family.
"My thoughts and prayers are with the victim's family," Gregoire said. "Knowing the suffering they have endured has made this decision even more difficult."
Daily Weekly 04/13/09 writes~
In Change of Course, Gregoire Commutes Prisoner's Sentence
By Damon Agnos in Crime & Punishment, State of Washington
Governor Gregoire has been known as one tough clemency judge, rejecting the petitions of even those the clemency board recommends for pardon. Take Gerald Hankerson, for example: in 2007, the clemency board made him only the second person in her first term to receive a unanimous recommendation of clemency. But his petition was opposed by King County Prosecutor Dan Satterberg and by the victim's family, and Gregoire denied him clemency.
So it came as a big surprise when on Thursday, Hankerson was called into the office of the Stafford Creek Correction Center's superintendent and told, "You're a free man." It wasn't that simple, of course; he had to agree to a seven-year set of conditions similar to those of parole. But after constant lobbying from Hankerson's supporters and a letter from Satterberg's office, this time endorsing Hankerson's petition, Gregoire had conditionally commuted his sentence.
Sunday, Hankerson celebrated his release at an emotional Easter Service at Greater Mount Baker Baptist Church and at a Renton dinner party thrown by his supporters. Locked up since he was 18, the 40-year-old Hankerson had become a cause celebre among local criminal justice-reform activists, including the Seattle/King County NAACP and its president, James Bible.
His case is summarized in this P-I article from 2007. The gist of it: when he was 18, he says he stopped by a corner store to get someone over 21 to buy him beer. He says that he saw two men chasing Nai Van Saeturn, a 27-year-old who had just bought some pop at the store; Hankerson says he thought Saeturn had taken their money and kept the beer for himself, so he grabbed Saeturn and then tackled him. When the other two men caught up to Saeturn, one of them, Alvin Mitchell, stabbed him to death.
Mitchell told police that he and Hankerson had planned to rob Saeturn, and that Hankerson beat Saeturn while Mitchell stabbed him. On that evidence as well as the testimony of several witnesses, and despite some misgivings by the jury, Hankerson was convicted as an accomplice to aggravated first degree murder and given a life sentence without the possibility of parole. Later, two of the key witnesses—also teens looking to score beer—recanted, saying they had been pressured into their testimony.
Sunday included some mention of the facts of his case. Bible talked about the numerous legal appeals, and Hankerson voiced his desire to apologize to Saeturn's family. "First chance I get I'm gonna give my apology...I wrote to the victim's family. Even though I didn't take his life, I am responsible because I could've prevented it and my action that stopped this guy allowed it to happen."
But the focus was mainly on Hankerson's life in prison and his plans moving forward. At the dinner party, flanked by his girlfriend Michelle—whom he got to know when she was a criminal justice student and later a prison volunteer—and a gaggle of supporters, including those with whom he'd served time, Hankerson reminisced on being a 19-year-old in solitary confinement in the same row as the death row inmates in Walla Walla. He ran off a list of names (Charles Campbell, Mitchell Rupe, et. al.) and recalled how "they told me I was the unlucky one; they got to die, I had to spend the rest of my life in misery in prison."
Hankerson and his fellow prison alums also recalled Hankerson's successful move to integrate the then-all-white Concerned Lifers Organization—a move that the others seemed to think was insane and that led Hankerson to fear for his life—and how his leadership of both that and the Black Prisoners Caucus earned him the nickname "The Governor." His popularity in prison was evidenced by the constant stream of congratulatory calls he received from those who are still locked up.
One of the calls was from Barry Massey, who was profiled in Nina Shapiro's piece and who was sentenced to life without parole for an aggravated murder conviction at the age of 13. Hankerson calls Massey his best friend. The two entered Walla Walla the same year; Hankerson was 18, Massey 13. Said Hankerson, "My better half is in prison still. I'm extremely grateful, but he deserved [to be released] more than me. The only thing I'm saying to everyone in this state, man, [is] we should be embarrassed about locking someone up for life who's 13. At what point do you forgive?" Hankerson said he wants to bring attention to ex-offenders who have been rehabilitated, so that society "can see the need to give people second chances."
He still seemed in disbelief at his first glimpse of the outside world in over 22 years. When another man mentioned that he'd served six years, Hankerson quipped that he'd done six years in the shower alone. And he laughed as he recalled how he tried to bus his own table at a Northgate restaurant on his first meal out.
"I'm livin' the dream," he shouted across the room to Keith Brooks, a fellow former inmate who now teaches non-violent communication in prisons. "I can't even see this in a dream."
"Me either," said Brooks.
Seattle P.I 04/13/09 writes~
Sentenced to life, Seattle man freed after calls for his release
By LEVI PULKKINENSEATTLEPI.COM STAFF
After 22 years behind bars, Gerald Hankerson was released from prison last week after Gov. Chris Gregoire commuted his life sentence.
Hankerson, now 40, was convicted of aggravated murder in the 1987 slaying of 27-year-old Nai Vang Saeturn, who was beaten and stabbed to death as he walked home from a Central District grocery store.
Hankerson's co-defendant, Alvin Mitchell, told police that he stabbed Saeturn as Hankerson beat him, but later admitted to lying about Hankerson's involvement in the attack. Mitchell later hanged himself while in prison.
Speaking to former Seattle P-I reporter Tracy Johnson in 2007, Hankerson admitted he briefly grabbed Saeturn -- he mistakenly thought the man was stealing beer money from Mitchell and himself -- but said he didn't help Mitchell chase him down and kill him.
"Later on I realized I was just as responsible for committing the crime. I did grab the guy, which led to his death," he said at Stafford Creek Corrections Center in Aberdeen. "I accept responsibility at every level for that."
Regarded as a model prisoner, Hankerson has drawn support in recent years from the Seattle chapter of the National Association for the Advancement of Colored People, area churches and others.
In a statement issued Monday, Gregoire said she was swayed by a recommendation from King County Prosecutor Dan Satterberg, who had previously opposed the move.
"I relied heavily on the recommendation of Prosecutor Satterberg who now, after opposing clemency for Mr. Hankerson two years ago, recommends clemency for him," Gregoire said. "He based his opinion on the fact that Mr. Hankerson would not have gotten a life sentence today for his crime, as an accomplice to a felony murder, and because Mr. Hankerson accepted full responsibility of his conduct."
Gregoire said the commutation is conditioned on Hankerson's strict adherence to community custody requirements; should he violate them, he would be forced to serve his sentence.
Noting that Hankerson's conviction was, in his view, wrongly obtained, Seattle NAACP President James Bible said Hankerson's work in prison showed that he deserved to be released.
While in prison, Hankerson earned his high school diploma, helped raise money for needy children and went on to lead two prison groups, the Concerned Lifers Organization and the Black Prisoners Caucus.
"We all felt that Gerald Hankerson was one of the most rehabilitated people anywhere in the country," Bible said. "We're elated that the governor took such a bold move with someone who is so deserving."
Bible added that his thoughts and those of others who supported Hankerson's release are with Saeturn's relatives, who had previously opposed his release.
Hankerson's pleas for release were unanimously supported by the state clemency board and, most recently, Satterberg.
Following a since-rescinded recommendation from the King County Prosecutor's Office, Gregoire denied Hankerson's request for clemency in 2007 which the state clemency board had approved. The governor reversed course Thursday, allowing Hankerson to be freed immediately.
Responding to the governor's order, Satterberg praised Gregoire for rectifying the exceptionally lengthy sentence imposed on Hankerson. If convicted today, Satterberg said in a statement, Hankerson would not face a life sentence as an accomplice in such a killing.
"The governor's decision achieved a fair result for an inmate who has taken full advantage of his time in prison to make positive changes in his life," Satterberg said.
In her statement to the media, the governor acknowledged Hankerson's release "will not lessen the pain" he caused the victim's family.
"My thoughts and prayers are with the victim's family," Gregoire said. "Knowing the suffering they have endured has made this decision even more difficult."
COMMUNITY PRAYER FOR GERALD
Dear Friends,
The United Black Christian Clergy of Washington State, in partnership with the Coalition to Free Gerald Hankerson, will be sponsoring a Community Prayer Meeting concerning Removing Racial Disparity from the Criminal Justice System on Wednesday, October 22, 2008 at 7:00 p.m. at the Greater Mt. Baker Baptist Church, 2425 S. Jackson St., Seattle WA 98144.
We will be seeking the Lord's help in the areas of Three Strikes reform, the number of incarcerated African-Americans, clemency, racial profiling, incarcerated youth, families of the incarcerated, crime victims, and other related topics.
One major prayer emphasis will be concerning the plight of Mr. Gerald Hankerson. Incarcerated for over 21-year years, Mr. Hankerson still serves the community with positive achievements and leadership. He has:
Co-created the Youth-at-Risk Program at Washington State Reformatory, which arranges for at-risk teens to meet and talk with prisoners about choices and consequences;
Served as leader of the Concerned Lifers' Organization and the Black Prisoners' Caucus, creating self-help programs utilizing community volunteers to raise thousands of dollars for adopted children from the Christian Children's Fund;
Helped fund a scholarship for an underprivileged child, and created a Toys for Tots program for needy children, just to name a few. (See geraldhankerson.blogspot.com for more details.)
The Washington State Clemency Board viewed Gerald's exemplary record during two decades in prison as justification for a unanimous 5-0 recommendation for his freedom - one of only two unanimous recommendations during Governor Gregoire's term. The other recommendation Gov. Gregoire approved (a White man who shot a Black man in the stomach), but in Gerald's case, she refused the clemency board's recommendation with no explanation.
Gerald Hankerson's case represents a variety of important issues throughout our community that has caused tremendous doubts about the criminal justice system. Our people are suffering and continue to suffer from an unjust criminal justice system.
As we seek the Lord's face and call upon Him, He has promised to answer (Jeremiah 33:3). May the Lord say to us as He said to Moses, "I have surely seen the affliction of my people which are in Egypt, and have heard their cry by reason of their taskmasters; for I know their sorrows, and I am come down to deliver them out of the hand of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey . . ." (Ex. 3:7-8).
If you have any questions, please feel free to call me at 425-254-1117. Looking forward to seeing you on October 22 at 7:00 p.m.
Setting the prisoners free,
Kenneth J. Ransfer, Sr., M.Div.
Pastor-Teacher, Greater Mt. Baker Baptist Church
President, United Black Christian Clergy Association of Washington State
The United Black Christian Clergy of Washington State, in partnership with the Coalition to Free Gerald Hankerson, will be sponsoring a Community Prayer Meeting concerning Removing Racial Disparity from the Criminal Justice System on Wednesday, October 22, 2008 at 7:00 p.m. at the Greater Mt. Baker Baptist Church, 2425 S. Jackson St., Seattle WA 98144.
We will be seeking the Lord's help in the areas of Three Strikes reform, the number of incarcerated African-Americans, clemency, racial profiling, incarcerated youth, families of the incarcerated, crime victims, and other related topics.
One major prayer emphasis will be concerning the plight of Mr. Gerald Hankerson. Incarcerated for over 21-year years, Mr. Hankerson still serves the community with positive achievements and leadership. He has:
Co-created the Youth-at-Risk Program at Washington State Reformatory, which arranges for at-risk teens to meet and talk with prisoners about choices and consequences;
Served as leader of the Concerned Lifers' Organization and the Black Prisoners' Caucus, creating self-help programs utilizing community volunteers to raise thousands of dollars for adopted children from the Christian Children's Fund;
Helped fund a scholarship for an underprivileged child, and created a Toys for Tots program for needy children, just to name a few. (See geraldhankerson.blogspot.com for more details.)
The Washington State Clemency Board viewed Gerald's exemplary record during two decades in prison as justification for a unanimous 5-0 recommendation for his freedom - one of only two unanimous recommendations during Governor Gregoire's term. The other recommendation Gov. Gregoire approved (a White man who shot a Black man in the stomach), but in Gerald's case, she refused the clemency board's recommendation with no explanation.
Gerald Hankerson's case represents a variety of important issues throughout our community that has caused tremendous doubts about the criminal justice system. Our people are suffering and continue to suffer from an unjust criminal justice system.
As we seek the Lord's face and call upon Him, He has promised to answer (Jeremiah 33:3). May the Lord say to us as He said to Moses, "I have surely seen the affliction of my people which are in Egypt, and have heard their cry by reason of their taskmasters; for I know their sorrows, and I am come down to deliver them out of the hand of the Egyptians, and to bring them up out of that land unto a good land and a large, unto a land flowing with milk and honey . . ." (Ex. 3:7-8).
If you have any questions, please feel free to call me at 425-254-1117. Looking forward to seeing you on October 22 at 7:00 p.m.
Setting the prisoners free,
Kenneth J. Ransfer, Sr., M.Div.
Pastor-Teacher, Greater Mt. Baker Baptist Church
President, United Black Christian Clergy Association of Washington State
COMMUNITY TO GOVERNOR GREGOIRE
Community to Governor Gregoire: Let the Clemency Board Do Its Job!
At the age of 18, Gerald Hankerson was convicted of aggravated murder as an unwitting accomplice to another man’s crime. Both men were sentenced to life without the possibility of parole. The other man committed suicide in prison. Hankerson, now 39, has served 21 years—longer than the maximum sentence for first-degree murder.
The clemency board unanimously agrees: It’s time to set Gerald Hankerson free.
Washington’s Clemency Board is a tough sell. Made of up of law enforcement personnel, judges, and others appointed by the governor, it has recommended clemency in only a handful of cases during Gov. Gregoire’s administration, though hundreds of inmates apply each year.
Yet the board unanimously recommended clemency for Gerald Hankerson. Why?
The board recognized Hankerson’s exemplary record of positive achievement and leadership.
It’s not easy to do good in prison, but Hankerson managed. He co-created the Youth at Risk program at Washington State Reformatory, which arranges for at-risk teens to meet with prisoners and talk with them about choices and consequences. The only program of its kind in this state, it has collected stacks of thank-you letters from school officials and from young people helped by the program.
He also served as leader of the two largest community-sponsored prison organizations, the Concerned Lifers Organization and Black Prisoner Caucus, and created self-help programs utilizing volunteers from the community. Under his leadership, these groups raised thousands of dollars for two adopted children from the Christian Children’s Fund, funded a scholarship for an underprivileged child, and created a Toys for Tots program for needy children.
Yet Governor Gregoire ignored the unanimous recommendation of her own clemency board and denied Hankerson’s clemency.
Gregoire had no justification for ignoring her board’s ruling—no new evidence or special knowledge. However, her denial happened to coincide with a politically embarrassing and high-profile event—Harold Clarke, then head of the Department of Corrections and Gregoire’s own appointee, had just turned loose sixty-some offenders to alleviate prison overcrowding.
The resulting media uproar ended with Clarke’s resignation, the re-incarceration of the offenders, the denial of Hankerson’s clemency, and an article in the Seattle Weekly about how “tough on clemency” Gregoire is.
Gregoire is tough on clemency, but her record is nothing to be proud of. She granted clemency to only one person during her administration—a white man whose crime was shooting a black man. The other three men recommended for clemency by her board were all African Americans like Hankerson, and one of them was in prison for a nonviolent offense. Yet she denied clemency to all three.
Furthermore, Hankerson’s conviction and sentence were of questionable legality in the first place.
Although the clemency board viewed Hankerson’s two decades in prison, along with his exemplary record, as more than enough justification for his release, the legality of his incarceration itself is brought into question by serious problems with his original conviction.
Hankerson admits his role in the crime, which was grabbing the victim during the chase. At the time, he believed that the victim had snatched something from those chasing him, but he had no idea that the chase would result in the victim’s death.
Nevertheless, he accepts full responsibility for his participation in the crime and the role he played in Mr. Saeturn losing his life and his family losing a loved one.
However, the jury did not convict Hankerson of first-degree murder, but of aggravated murder, which requires premeditation--even though the jury found that Hankerson’s actions that day were spontaneous rather than premeditated.
Furthermore, both eyewitnesses later recanted their testimony, saying that investigators had threatened to charge them with the murder if they didn’t identify Hankerson as the second person involved in the crime.
Hankerson has already served the maximum time required for first-degree murder under the 1987 Standard Sentencing Range, the year applicable to Gerald’s conviction. Without the aggravating factor of premeditation, Hankerson would be qualified for an immediate transition back into the community.
It’s past time for Governor Gregoire to let her Clemency Board do its work and free Gerald Hankerson.
At the age of 18, Gerald Hankerson was convicted of aggravated murder as an unwitting accomplice to another man’s crime. Both men were sentenced to life without the possibility of parole. The other man committed suicide in prison. Hankerson, now 39, has served 21 years—longer than the maximum sentence for first-degree murder.
The clemency board unanimously agrees: It’s time to set Gerald Hankerson free.
Washington’s Clemency Board is a tough sell. Made of up of law enforcement personnel, judges, and others appointed by the governor, it has recommended clemency in only a handful of cases during Gov. Gregoire’s administration, though hundreds of inmates apply each year.
Yet the board unanimously recommended clemency for Gerald Hankerson. Why?
The board recognized Hankerson’s exemplary record of positive achievement and leadership.
It’s not easy to do good in prison, but Hankerson managed. He co-created the Youth at Risk program at Washington State Reformatory, which arranges for at-risk teens to meet with prisoners and talk with them about choices and consequences. The only program of its kind in this state, it has collected stacks of thank-you letters from school officials and from young people helped by the program.
He also served as leader of the two largest community-sponsored prison organizations, the Concerned Lifers Organization and Black Prisoner Caucus, and created self-help programs utilizing volunteers from the community. Under his leadership, these groups raised thousands of dollars for two adopted children from the Christian Children’s Fund, funded a scholarship for an underprivileged child, and created a Toys for Tots program for needy children.
Yet Governor Gregoire ignored the unanimous recommendation of her own clemency board and denied Hankerson’s clemency.
Gregoire had no justification for ignoring her board’s ruling—no new evidence or special knowledge. However, her denial happened to coincide with a politically embarrassing and high-profile event—Harold Clarke, then head of the Department of Corrections and Gregoire’s own appointee, had just turned loose sixty-some offenders to alleviate prison overcrowding.
The resulting media uproar ended with Clarke’s resignation, the re-incarceration of the offenders, the denial of Hankerson’s clemency, and an article in the Seattle Weekly about how “tough on clemency” Gregoire is.
Gregoire is tough on clemency, but her record is nothing to be proud of. She granted clemency to only one person during her administration—a white man whose crime was shooting a black man. The other three men recommended for clemency by her board were all African Americans like Hankerson, and one of them was in prison for a nonviolent offense. Yet she denied clemency to all three.
Furthermore, Hankerson’s conviction and sentence were of questionable legality in the first place.
Although the clemency board viewed Hankerson’s two decades in prison, along with his exemplary record, as more than enough justification for his release, the legality of his incarceration itself is brought into question by serious problems with his original conviction.
Hankerson admits his role in the crime, which was grabbing the victim during the chase. At the time, he believed that the victim had snatched something from those chasing him, but he had no idea that the chase would result in the victim’s death.
Nevertheless, he accepts full responsibility for his participation in the crime and the role he played in Mr. Saeturn losing his life and his family losing a loved one.
However, the jury did not convict Hankerson of first-degree murder, but of aggravated murder, which requires premeditation--even though the jury found that Hankerson’s actions that day were spontaneous rather than premeditated.
Furthermore, both eyewitnesses later recanted their testimony, saying that investigators had threatened to charge them with the murder if they didn’t identify Hankerson as the second person involved in the crime.
Hankerson has already served the maximum time required for first-degree murder under the 1987 Standard Sentencing Range, the year applicable to Gerald’s conviction. Without the aggravating factor of premeditation, Hankerson would be qualified for an immediate transition back into the community.
It’s past time for Governor Gregoire to let her Clemency Board do its work and free Gerald Hankerson.
GERALD'S STORY
Teenage Quest for Beer
On a spring night in May 1987, after leaving work, eighteen year-old Gerald Hankerson got off the bus at 23rd and Union, near Richlen’s Mini Mart in Seattle’s Central District. He was thirsting for a cold beer.
Gerald asked for the help of an older gentleman to purchase him beer since he was too young to do so. (It’s a common trend amongst teenagers to skirt the required legal age of 21 to buy alcohol.)
To avoid detection and being seen by store security for contributing to a minor, Gerald stood across the street from Richlen's Mini Mart to await the return of the gentleman he'd asked to buy him beer. Suddenly, two men came barreling towards him chasing twenty seven year-old Naivang Saeturn, who was clutching a grocery bag.
Gerald believed Mr. Saeturn was trying to take off with beer he had been asked to buy for other teenagers. Gerald joined the chase and tackled Mr. Saeturn who stumbled and fell. Seeing no prospects for beer, Gerald left and went back to the store to get his own beer from the gentleman he had asked
Things went wrong - Disastrous Loss of Life
Then things went wrong. Mr. Saeturn was beaten and stabbed to death by at least one of the men who had chased him.
Gerald thought he was chasing a cold beer. He had no idea he was facilitating the end of Mr. Saeturn’s life.
Gerald's Trial - Short on Evidence, Long on Shaky Testimony Two Identical Cases - Different Results
Gerald’s trial proceeded largely on the basis of testimony from the two other teens that pursued Mr. Saeturn from the store, and the State's Chief's witness, Chante Nelson, an acquaintance of Mitchell who lived near the scene of the murder.
Police say Mitchell, who hung himself in prison twelve years later, told Chante Nelson that he followed Saeturn from the store to rob him, and that he stabbed him while Hankerson beat him.
Chante Nelson testified that Mitchell arrived at her house not long after the murder, and he was ALONE. Ms. Nelson also testified that she asked Mitchell if he committed the crime and he said yes, claiming that he (Mitchell) admitted to stabbing Mr. Saeturn in the back and also cut his throat. According to Nelson, Mitchell also mentioned Hankerson as his accomplice in the attack.
During cross-examination Chante confirmed that Hankerson was NOT present during her conversation with Mitchell and that Mitchell never referred to his cohort by his full name—that he only referred to him as "Gerald."
Nelson said she merely assumed Mitchell meant Gerald Hankerson and admitted that when she gave her statement to the police she had named Hankerson only upon being prompted by the police.
Although Nelson's testimony against Mitchell was direct, as she testified to what Mithell told her, her testimony against Hankerson was (hearsay), which in 1988 was admissible under Washington State Law. Today, hearsay, for the most part, has been out-lawed in Washington Courts.
Key Witnesses Recant
The State's two key witness, David Peterson and Dwight Miles were originally arrested pending charges for their involvement in Mr. Saeturn's murder. While Peterson and Miles were virtually caught standing in the Victim's blood, possessing Mr. Saeturn money and dropped groceries, both were granted immunity from all charges - including murder - in exchange for their testimony against Gerald Hankerson.
Since then, in written statements, both key witnesses against Gerald have recanted their testimony, saying police pressured them to lie. These men are in no position to benefit from changing their story, as one is serving a life sentence without parole for subsequent crimes and the other is a free man.
Although Peterson admits he was lying about Gerald's involvement in the crime, he still maintains that Mitchell committed the murder and as he testified at trial, it was Mitchell, not Gerald, who was in possession of Mr. Saeturn's bank card the following day. Peterson admitted that Hankerson was NOT present when he saw Mitchell with the victim's bank card. This very fact, which somehow got attributed to Gerald, is the sole aggravating factor responsible for Gerald's life without parole sentence.
King County Drops Murder Case Due to David Peterson’s lies about Gerald’s case
In 2006, Peterson claimed to have seen a Seattle man named Conjewel Glover shoot 28 year-old Patrick Sanders to death in 2001.
King County prosecutors quickly filed charges against Glover but soon discovered that Peterson had admitted lying about Gerald’s involvement in killing Mr. Saeturn in a deposition with an attorney.
Prosecutors quickly dropped the murder case against Glover, because, in the words of Deputy King County Prosecutor Hugh Barber, “Peterson would be useless in the case against Glover because what jury would believe him now?”
It appears that Peterson lied once under duress to escape being charged with Mr. Saeturn’s death, then again about Glover to seek better prison conditions.
The only time there appears to be no self-serving motive is when Mr. Peterson admitted lying about Gerald’s involvement in killing Mr. Saeturn.
By dropping the case against Glover, prosecutors officially accepted that Peterson was lying about Gerald’s involvement in the Saeturn case.
If the truth about Mr. Peterson’s lies about Gerald was significant enough for prosecutors to free Mr. Glover, why is that same truth insufficient to free Gerald now?
Jury Finds No Premeditation By Gerald
However, after listening to the all the evidence presented during the 1988 trial, the jury concluded Gerald’s actions were spontaneous — not premeditated.
In a written note, the jury asked the judge how to find Gerald guilty of a crime that did not involve premeditation.
The note stated: “If one is guilty of premeditated murder and the other is an thought to be an accomplice without premeditation as to the murder, are both still guilty of the same degree?”- Foreman Bob Rakestraw
“Please read your instructions again. I am unable to instruct your further. Please retain this communication. Thanks.” – Jerome Johnson, Judge
Lacking the options it sought, the jury convicted Gerald of the same crime as Mitchell, aggravated murder, a crime that carries a life sentence without parole – or Death.
A Pierce County jury convicted Covell Thomas of one count of Aggravated first degree Murder for the 1998 slaying of his employer, Richard Geist, who Thomas and several co-conspirators devised a plan to rob then kill Geist for money.
Thomas was sentenced to Death following the jury’s determination that there were insufficient circumstances to merit leniency.
Thomas appealed his conviction and sentence. In 2004 Washington State Supreme Court overturned Thomas’ Aggravated murder conviction and Death sentence because one of the questions in Thomas’ jury instruction read: “The defendant or an accomplice committed the murder to conceal the commission of a crime….”
The court ruled the use of the word “OR” removed the requirement that the jury find that Thomas personally committed the elements of the crime and relieved the State of its burden to prove the Aggravating circumstances specifically pertain to Thomas.
Although the court determined that Thomas “…was so entrenched as a major participant in the murder that his culpability can not be lessen even if his accomplice pulled the trigger.” The court still reversed Thomas’ Aggravated first degree Murder conviction and ordered a new trial for Thomas to be re-sentenced to first degree Murder WITHOUT aggravation.
The reason this case is significant is because the jury instructions in Gerald’s case also reads:
1. The defendant OR an accomplice caused the death of Nai Vang Saeturn.
2. The defendant OR an accomplice acted with intent.
3. The defendant OR an accomplice commited the murder.
So why wasn’t Gerald afforded the same ruling as Thomas?
In another nearly identical situation resulting from a 1994 trial of the Ballard High School shooting, the 9th Circuit Court of Appeals ruled in March 2007 that failure to provide guidance to a jury where the accused premeditation is in doubt invalidates a guilty verdict and requires a new trial for the person convicted.
Caesar Sarausad admitted he drove the car from which the bullets that killed Melissa Fernandes as she stood outside Ballard High School waiting for a ride home were fired. But Sarausad maintained he didn't know there was a gun in the car and had no idea that the shooter—Brian Ronquillo, who was then 16—was planning to shoot anyone.
The Sarausad jurors, who said they believed Sarausad didn't know there was a gun in the car, asked the judge to clarify the jury instructions three times.
Each time, just like in Gerald's case, the judge refused to answer, provided no guidance and told the jury to re-read their instructions. A King County jury convicted Sarausad of murder and he was sentenced to twenty seven years in prison.
Several jurors later signed affidavits protesting the result.
The 9th Circuit panel found that the jury instructions should have told jurors to convict Sarausad if—and only if—he knew Ronquillo intended to kill. Instead, the instructions told jurors to convict whether or not Sarausad knew his passenger planned to commit murder.
The 9th Circuit ruling vacates—in other words cancels—the conviction and sentence Sarausad received.
So why doesn't this ruling also apply to Gerald?
The Coalition to Free Gerald Hankerson believes what his jury believed—that he was charged with an offense that was too severe.
While many people were accused of various actions that night, the case unraveled as Gerald's conviction and sentence is solely based on shaky testimony by unreliable witnesses that even King County Prosecutors no longer believe.
One irrefutable truth remains. Gerald has served twenty-one years in prison—more than the minimum for first-degree murder. He has been profoundly and severely punished for something that the remaining facts all suggest he did not do.
It is time for Gerald to be free.
