Q: Wrongfully convicted, facing Life Sentence-- is a letter of clemency appropriate, and to whom?
My father was found guilty of sexual assault on a minor (12-year-old) despite there not being any proof, and actual
evidence that he could not have done what is accused (he could not have "crouched down to touch" anyone because he is obese, 72-years old, and knee injuries that don't allow him to crouch). The attorney did a lackluster job of defending my dad (e.g., not presenting some helpful evidence, not doing anything during jury selection) despite saying the he believes my dad when he says he's innocent. My father is now awaiting sentencing, but I am told that minimum sentence for this charge is life in prison. A relative suggested I write a letter of clemency, but the only examples I see online is for when someone is asking for forgiveness and then to reduce the sentence. Is it appropriate to write one upholding his innocence? To whom do I direct the letter - if the judge is required to issue a life sentence, then who has the discretion to reduce that? Please help.
A: Assuming this is a Florida state conviction, I believe a request for clemency would go to the governor, but probably only after the judgment of conviction has actually been rendered. Clemency, like a pardon, presumes guilt but contemplates other factors which may reduce the punishment.
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