How about a Pardon?! Chris Christie Commutes Brian Aitken's Sentence

Chris Christie Commutes Brian Aitken's Sentence - Hit & Run : Reason Magazine

Radley Balko | December 20, 2010

This is great news:

Brian Aitken, who was convicted of illegally possessing two handguns that he had legally purchased in Colorado, will be spending Christmas out of prison.

(NJ) Gov. Chris Christie commuted Aitken's sentence, from seven years to time served, according to an order the governor signed today.

Aitken had appealed to Christie for commutation after being sentenced in August. According to the commutation order, Aitken will be released as "soon administratively possible."

I'm waiting to hear back from Aitken's attorney and family about what exactly this means. It would be nice if the guy could get his record cleared completely. But getting him out of prison is obviously the most important thing. Good for Gov. Christie. Cases like this one are exactly what the pardon and clemency power is for.

GOVERNOR CHRISTIE COMMUTES AITKEN PRISON SENTENCE!

Please call or email Governor Christie to thank him!

Governor Chris Christie (R-NJ) has commuted the prison sentence of 27-year-old CEO Brian Aitken from 7 years to time served for the "crime” of properly transporting two legally-owned, unloaded, cased handguns in his car trunk while moving to a new home.

Brian Aitken’s story has recently made national news. He returned to New Jersey in 2009 after residing in Colorado, and was in the process of moving from one residence in New Jersey to another, with handguns he had legally purchased in Colorado, when he was stopped and his car searched by police. The handguns were unloaded and contained in a locked box inside a duffel bag in the trunk, in compliance with New Jersey law.

Aitken was nevertheless arrested and prosecuted under New Jersey gun laws, for "unlawful possession” of the handguns. In New Jersey, it is generally illegal to possess a handgun without a permit to carry,” but there are a handful of narrow exceptions to the requirement, and one of them explicitly allows transportation of an unloaded and cased firearm "between one place of business or residence and another when moving.”

Aitken refused to accept a plea bargain because he believed he had done nothing wrong and would be vindicated by the jury, but inexplicably, the judge repeatedly refused to allow the jury to consider the exceptions or the evidence that Aitken was moving after repeated requests by counsel and the jury itself – a fundamental denial of due process.

Lacking that information, the jury had no choice but to convict Aitken and his 7-year prison sentence was presumptively imposed under a law rushed through by former Governor Corzine in 2008.

Fittingly, the judge in this case was not reappointed to the bench by Governor Christie for other reasons – a determination made prior to the Aitken conviction.

Please immediately contact Governor Christie to thank him for commuting BrianAitken’s sentence and undoing this travesty of justice!

Call 609-292-6000 or follow this link to email Governor Christie:http://www.state.nj.us/governor/contact/. Mail can be sent to P.O. Box 001,Trenton, N.J. 08625