Sunday, September 28, 1997

Man wrongly in prison for rape merits pardon

Scientific evidence shows Kevin Byrd did not commit the rape for which he has spent the last 12 years in a Texas prison. And by denying Byrd a pardon, Gov. George W. Bush is not furthering the cause of justice in the state or his own political future in the national arena.

Although the victim first told police she was raped by a white man, she later identified Byrd, a black carpenter, as the perpetrator after seeing him in a grocery store. He was convicted in Harris County on the strength of the victim's identification and sent to prison.

DNA tests this year, however, prove Byrd could not have possibly been the rapist, and he is out on parole. The trial judge, the prosecuting district attorney and the 18-member Texas Board of Pardon and Paroles have unanimously recommended a full pardon.

But Bush has refused, noting Byrd's accuser maintains he was her attacker. Bush's office issued a statement saying the governor's position is not to interfere with the legal process, which will take about another year to clear Byrd, although Bush has granted 14 pardons since taking office.

Hints of racism

State Rep. Ruth Jones McClendon of San Antonio hints racism is behind Bush's reluctance to pardon Byrd. She points out that of those 14 pardons, 13 went to whites and one to a Hispanic. Byrd himself says he doesn't know if racism is at issue in his case.

McClendon and some national commentators have gone further, suggesting Bush doesn't want to get caught in a Willie Horton trap during a national campaign, perhaps for the presidency in 2000.

Horton, you will recall, was a black Massachusetts inmate who raped a woman while on state-mandated prison furlough. In the 1988 presidential election, Bush's father used the Horton incident as a weapon to bludgeon former Massachusetts Gov. Michael Dukakis.

Bush's critics say he is afraid that if he pardons Byrd, and Byrd then commits a violent act, Bush can be labeled with the same "soft on crime" stigma that plagued Dukakis.

Not analogous

The situations, however, don't match. Horton was guilty of being a violent criminal before he was released. Byrd clearly is not. And we can't keep innocent people in the legal system simply because we can't guarantee they will remain law abiding forever.

Despite Bush's advocacy of victims' rights, and despite the sympathy of all decent, honest Texans for this woman and for victims of crime in general, it does not advance the cause of justice or help this particular victim to continue punishing a man who had nothing to do with the offense.

Bush has an opportunity to show that enforcing our laws not only punishes the guilty, but also protects the innocent -- and does so without regard to race. If the governor is looking ahead to national politics, that's the position it would be most advantageous for him to take. Granting Byrd a pardon would be the right thing to do in itself and for its long-range consequences.