Outrage in NJ

gehrheart · Dec 6, 2010

Done.

BurtonDouglass · Dec 20, 2010

Just received this in my inbox in response to a letter I sent to the Governor.

Please see below the signed commutation order for Brian Aitken, signed by Governor Christie at 4:30 pm today.

ORDER FOR COMMUTATION OF SENTENCE

WHEREAS, Brian D. Aitken was convicted of Possession of Dum-Dum
Bullets in the Fourth Degree in violation of N.J.S.A 2C:39-3(f)(l), Possession of
Large Capacity Ammunition Magazine in the Fourth Degree in violation of
N.J.S.A 2C:39-3(j), and Unlawful Possession of a Handgun in the Second
Degree in violation of N.J.S.A 2C:39-5(b) in the Superior Court, Law Division
(Criminal), Burlington County, New Jersey, and was sentenced on August 27,
2010 under Indictment No. 09-03-00217-1 to a seven-year term of imprisonment
with a three-year mandatory minimum; and

WHEREAS, the said Brian D. Aitken, caused to be made a written
application to the Governor for a Commutation of Sentence for the aforesaid
crimes of which he was convicted, and the State Parole Board, upon request of
the Governor in accordance with the law, has made an investigation of the facts
and circumstances concerning said application for a Commutation of Sentence;

NOW, THEREFORE, I, CHRIS CHRISTIE, Governor of the State of New
Jersey by virtue of the authority conferred upon me by the Constitution of New
Jersey and the statutes of this State, do hereby grant to the said Brian D. Aitken,
a commutation of the aforesaid sentence to time sewed, and satisfied on
December 20,2010.

IT IS FURTHER ORDERED, that Brian D. Aitken's release from the
custody of the New Jersey Department of Corrections be effected as soon as
administratively possible, or within a reasonable period to allow for release
processing pursuant to customary policy and procedure. ,

This Order is subject to revocation at any time, at the discretion of the
Governor, without notice.

chemist · Dec 21, 2010

Yep, Mr. Aitken will be released as his sentence is commuted to time served, BUT...
his fight is not over. Now he needs to spend even more on lawyers for the next six to none months in his attempt to appeal the conviction.

trainsktg · Dec 21, 2010

Most of these commutations take years. This one only took weeks. That says quite a bit about how unjust this whole case was.

Keith

dmancornell · Dec 21, 2010

chemist said:
Yep, Mr. Aitken will be released as his sentence is commuted to time served, BUT...
his fight is not over. Now he needs to spend even more on lawyers for the next six to none months in his attempt to appeal the conviction.

Then the unjust and unconstitutional laws need to be overturned.

gehrheart · Dec 27, 2010

More about it here ------------ <broken link removed>

Brian Aitken will be spending New Year's Day with his family this year, a surprise to him and his family alike as they expected him to spend the next several holiday seasons behind bars. His release came last Tuesday after New Jersey Governor Chris Christie (R) announced he would be commuting Aitken's seven year prison sentence on gun charges. Spurred by activists on the left and gun rights advocates on the right, Christie took a noble step and exercised his power in a manner not seen very often these days.

Aitken's case was one of confusion and misunderstanding. He had recently moved to New Jersey from Colorado and was transporting his small gun collection from his parent's house to his own. The guns were locked and unloaded in the trunk of his car. But Aitken didn't have a carry permit, as required by New Jersey statutes. So despite good intentions, he was arrested.

Aitken had just left his parents house, making some despondent comments to his mother on his way out. His ex-wife had denied him a visit with his son and he was upset. His mother, being a typical mom and also a mental health worker, was worried and called police as a precautionary measure. At the direction of the police, Aitken turned his car around and returned to his mother's home. It was when he got there that they searched his vehicle and found his guns.

In New Jersey, you have to obtain a carry permit to travel with guns. Unless you are headed out on a hunting trip or moving between residences, the carry permit is a necessity. But that carry permit is also difficult to get and is typically only possessed by folks whose profession requires them to be armed. But, wait. I did say you can have your gun in the car if you're moving between residences, right? Technically yes, but Judge James Morley wouldn't allow Aitken to claim this exemption, stating there wasn't enough evidence to show he was moving possessions from one residence to another.

Prior to that January 2009 day, Aitken had no criminal record, was engaged, a business owner, and reportedly a stellar father. Before moving from Colorado he researched New Jersey gun laws and went so far as to contact NJ State Police to ensure he would be transporting his weapons properly. Even jury members raised questions about the residence moving exemption at trial, but Judge Morley repeatedly ignored their concerns and defense attorneys' arguments that he should be protected under a similar federal law.

When Aitken's story got out, there was a collective outcry. He became the NRA's posterboy and for those of us who keep a close eye on the courts, just another example of justice gone awry. His mother and father spoke to major publications and radio stations in order to further the coverage of their son's story. A Facebook page was set up to "Free Brian Aitken" and gained over 15,800 followers. NJ Assemblyman Michael Patrick Carroll (R-Morris) summed it up saying, "The law is designed to protect the people against the possibility of harm. How are the people benefitted by throwing Brian Aitken into prison?"

A commutation, in this case, is merely a lessening of the penalty against Aitken. He continues to fight his conviction in an effort to clear his record. Judge Morley won't be standing in his way as Christie declined to reappoint him this past summer due to reportedly unrelated reasons. And with support coming from gun rights advocates and lawmakers eyeing more lax gun laws in the state, his chances are looking pretty good.

Tis the season for commutations and though they are relatively rare, it's nice to see them handed down. Christie did the right thing in this case, though one has to wonder if he would've made the same decision without the NRA breathing down his neck.