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Questions remain about rapist-turned-murderer

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By ANDREW DEMILLO
The Associated Press

As governor of Arkansas, Mike Huckabee had a hand in twice as many pardons and commutations as his three predecessors combined.

The case he's asked about most concerns the parole of a castrated rapist who later killed a woman.

Although the Republican presidential contender and Southern Baptist preacher plays down any personal involvement in that release, Huckabee granted 1,033 pardons and commutations in his 10- years as governor of Arkansas. The acts of clemency benefited the stepson of a staff member, murderers who worked at the governor's mansion, a rock star and inmates "who received good words from their pastors.

dec11 Huckabee 220px

Gov. Mike Huckabee comments on his campaign in Texas yesterday.

"It seems to be true at least anecdotally that if a minister is involved, (Huckabee) seems likely to grant clemency," prosecutor Robert Herzfeld said in 2004 after successfully battling the then-governor over the release of a killer.

Whitewater figure David Hale, a government witness in the trial that forced Gov. Jim Guy Tucker's resignation and let Huckabee ascend to the office, was pardoned after being sentenced to 21 days in a state insurance case. Huckabee complained it would cost too much to hold him. The price tag: $1,200.

Rolling Stones guitarist Keith Richards received a gubernatorial pardon for a 1975 traffic offense. Huckabee prepared the paperwork to clear the rock star's good name after he met him at a North Little Rock concert.

During his years as governor, Huckabee granted clemency an average of about once every four days. Huckabee's successor, Mike Beebe, has issued 40 so far this year, fewer than one a week. Bill Clinton, Frank White and Tucker granted 507 clemencies in the 17- years they served as governor.

The most-discussed clemency case during Huckabee's tenure involved Wayne DuMond, who was castrated - he said by masked men who attacked him at home - while awaiting trial on charges he raped a teenager in 1984. Though Huckabee did not pardon DuMond nor commute his sentence, two members of a state parole board maintain that he pressured them to make a decision in the case.

Slideshow: Huckabee makes it official

Huckabee denies any such pressuring and notes that it was his predecessor, Jim Guy Tucker, who reduced DuMond's sentence, making him eligible for parole. Still, Huckabee has acknowledged his interest in gaining freedom for DuMond predated his term as governor.

Huckabee says there's nothing in his record to indicate he's soft on crime. While the number of pardons exceeded those of his predecessors, so did the size of the state prison system and so did the number of people executed.

Some inmates who benefited:

  • James Maxwell, who killed a pastor of the Church of God in Arkansas. Maxwell worked at the Governor's Mansion when Huckabee announced his intent to reduce his prison sentence.
  • Samuel W. Taylor, convicted on a drug charge. A prosecutor said the man had told him Taylor's sister had gone to school with Huckabee. Huckabee said the sister didn't influence the decision. Taylor subsequently was arrested on another drug charge.
  • Donald W. Clark, convicted of theft. Huckabee's pastor recommended leniency for Clark, whose stepmother worked on Huckabee's gubernatorial staff.
  • Robert A. Arnold Jr., who was convicted of killing his father-in-law. Arnold's father, a former mayor of Hope, Huckabee's hometown, said he was a casual friend of the governor.
  • Denver Witham, convicted of beating a man to death with a lead pipe at bar, had his sentence commuted by Huckabee. The action drew the ire of prosecutors who speculated that Huckabee's act of clemency was related to Witham, who was lead singer in a prison band, being a fellow musician.

Huckabee has repeatedly faced criticism from prosecutors over his clemency policies. And in 2002, Ashley Stevens, the 1984 rape victim, joined Angela McCoy, the daughter of the Rev. Billy Price Bennett who was shot to death in 1979 by James Maxwell, to campaign against Huckabee's re-election.

"I just thought that the power of executive clemency was being exercised on the wrong folks," said Pulaski County Prosecutor Larry Jegley, a Democrat who also campaigned against Huckabee.

As for DuMond, the convicted rapist initially was sentenced to life plus 20 years for his conviction in the 1984 rape of Stevens when she was a teenager, but Tucker reduced the sentence to 39- years, making DuMond eligible for parole.