Patty with 4 of her 10 grandchildren
1. The case for commutation of Patty Prewitt’s sentence
- Patty Prewitt is a devoted mother to four living children and grandmother to ten. She grew up on a farm with a loving immediate and extended family. She remains in close contact with her parents and all her children. The views of crime victims are often considered in deciding on clemency. Patty's children are the most important crime victims. And they desperately want their Mother home.
- She was a volunteer with the PTA and president of the Holden Chamber of Commerce.
- She is currently imprisoned in Vandalia, MO. She has already served more than 26 years, having been convicted of murdering her husband on February 18, 1984.
- On the night of the murder, she was awakened by what sounded like a clap of thunder. She was thrown from her bed to the floor by a man who held a knife to her throat with one hand and raped her. When the man left the room, she got up to find her husband shot. She woke the children and raced to a neighbor’s house to get help.
- Two days after the murder, the police questioned Patty for more than seventeen hours. She was charged on February 24, 1984 with capital murder.
- She entered a not guilty plea. The prosecutor offered increasingly lighter sentences, finally offering a plea bargain that would have resulted in her release after of 6-7 years, contingent on good behavior. The offer is verified by affidavits from two lawyers. Patty maintained her innocence and refused them all.
- On April 19, 1985, after a four day trial, the jury returned a verdict of guilty.
- Her attorney filed a Motion for New Trial on May 6, 1985, after the discovery of new evidence pointing to another person who could be the killer and prosecution withholding this evidence from defense. The motion was denied.
- She was sentenced to life imprisonment without possibility of parole until 50 years time served. It seems obvious that charging her so that she received this sentence was an attempt to pressure her to accept the much lighter plea bargain offer. The offer, by itself, is proof that the prosecution was prepared for her to return to the community after being incarcerated for 6 - 7 years. She has served more than 3-times that amount!
Patty has exhausted all legal appeals and deserves to have her sentence commuted for a number of reasons:
- Patty consented to a nitrate test to determine whether she had fired the murder weapon. The test confirmed that she had not fired the gun.
- Crucial evidence pointing to another suspect was never brought to trial. Patty’s neighbor, Juanita Stephens, observed an unfamiliar white sedan parked on the country road near her home just hours before the murder. There was a lone occupant. The headlights were turned off. There was a clear view of the Prewitt house from that spot. Mrs. Stephens informed the police a day after the murder, but was never called to testify for the trial. At the evidentiary hearing, the Sheriff testified that he did not “recollect” Mrs. Stephens coming forth with this information.
- Theory pointing to another suspect was never argued during trial. Before they left the home on the night of the murder, her two daughters noticed a flickering light under and behind the closed basement door. This closed basement door was ajar when the police returned to the house. A neighbor who accompanied the police testified that the door was open.
- Jury tampering: The jurors for Patty’s trial were not sequestered and returned home each night during the trial. When the jury adjourned to deliberate, the bailiff informed the judge that the jurors could not come to a unanimous decision and wished to speak to the judge. After speaking with the judge, the bailiff told the jurors that the “judge said try harder” and “if you don’t reach a verdict, you will have to stay here all night.” After six hours of deliberation, the verdict was turned in. One of the jurors then stopped by Patty’s family and declared that she did not believe Patty was guilty but she had to go home to prepare dinner for her invalided husband.
Without regard to guilt or innocence, Patty Prewitt deserves to have her sentence commuted because she has more than fulfilled society’s perceived need for deterrence and retribution:
- Affidavits establish that she was offered and turned down a plea bargain that, under the usual practice at the time, would have resulted in her release after five to seven years. Offering such a plea bargain is a clear statement by the prosecution that society’s perceived need to incarcerate her would have been satisfied after five to seven years.
- According to parole guidelines (14 CSR 80-2.010 (4)(H)(2005)), the board considers the deterrent and retributive portion of the sentence to have been served when the inmate has completed fifteen years of the maximum sentence.
- There is a huge disparity in time served between men and women who have murdered their intimate partners. On average, men have served eight years while women have served fifteen (See Stout, K., and Brown, P., "Legal and Social Differences between Men and Women who Kill Intimate Partners." 1994 (UMSL)). Patty has already served more than 23 years, well above the average.
- Patty has been an important positive influence on younger female inmates, even across the racial divide. Many prison workers and volunteers would be happy to testify to this fact. (See items 6A & 6B below.)
- Patty has taken advantage of every available opportunity to further her education and training. During her incarceration, Patty graduated from NMCC’s business college, earned an Associates degree from Lincoln University, and took paralegal courses as well as classes in computer programming. At age 60, she works as a computer programmer for the state and teaches aerobics and yoga in her confinement. She trained six women to become aerobics instructors. These women are all out of prison and employed in that capacity. She participated in founding Residents Encounter Christ in 1990 and has been an enthusiastic participant in PATCH, a program that facilitates inmates visiting with their children in a pleasant atmosphere. She has been a key participant in Prison Performing Arts.
- It is as certain as prediction can be, Patty would not offend if released.
- The average cost of incarceration of a healthy prisoner is $12,968. (See Rosenfeld, R., “The Cost of and Alternatives to Imprisonment in Missouri.” UMSL Issue Brief). This is a waste of taxpayers’ money in the case of Patty Prewitt.
- At the age of 61, she has already been incarcerated for 26 years. Under the terms of her sentence, she will not be eligible for parole until 2036, when she is age 88. It is unreasonable to continue punishing her for refusing a plea bargain.
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