Governor Newsom grants executive clemency in 25 cases, including posthumous pardon to Army veteran Sergeant Penry

Sacramento, California – Governor Gavin Newsom today announced that he has granted 16 pardons and 9 commutations.       

The Governor granted a posthumous pardon to Sergeant Richard Allen Penry, an Army Veteran who received the Medal of Honor, our nation’s highest military honor. Sergeant Penry was born in Petaluma and served in the U.S. Army during the Vietnam War. In 1971, President Nixon awarded Sergeant Penry the Medal of Honor for “extraordinary heroism at the risk of his own life.” Sergeant Penry returned from active duty at a time when there were few resources for veterans and little understanding of PTSD. He struggled with reentry to civilian life, which was the context for his substance use and criminal convictions.

“We greatly appreciate this action by Governor Newsom to pardon Medal of Honor recipient and California native Richard Allen Penry. This helps shine a light on the very real challenges some of our veterans’ face in transitioning to civilian life after they have bravely and selflessly served our nation,” said California Department of Veterans Affairs Undersecretary Keith Boylan. “This is a poignant reminder that we need to do all we can to support our veterans, especially those who may bear wounds as a result of their service.”

A veteran’s group from Sonoma County requested the posthumous pardon.

“Thank you to Governor Newsom for his dedication to California’s Veterans. As a retired U.S. Army Ranger Officer, I recognize the experiences of SGT Penry through my own combat service,” said Veterans of Foreign Wars Post 1929 Commander and pardon requester Andrew M. LeMarQuand, MAJ (R). “If PTSD can impact a Medal of Honor recipient like SGT Penry, it can affect anyone. Seeking support is important for Veterans and their families and communities.”

Copies of the gubernatorial clemency certificates announced today can be found here.

Resources for victims, survivors, and witnesses

The Governor’s Office encourages victims, survivors, and witnesses to register with CDCR’s Office of Victims and Survivors Rights and Services to receive information about an incarcerated person’s status. For general information about victim services, to learn about victim-offender dialogues, or to register or update a registration confidentially, please click here or call 1-877-256-6877 (toll free).

Clemency authority

While in office, Governor Newsom has granted a total of 224 pardons and 150 commutations.

The California Constitution gives the Governor the authority to grant clemency in the form of a pardon, commutation, or reprieve. In cases where the applicant has more than one felony conviction, the Governor must first get the approval of the Board of Parole Hearings and the California Supreme Court. The Board of Parole Hearings investigates clemency applications. 

The Governor issues clemency grants only when they are consistent with public safety. In making this determination, the Governor weighs numerous factors including the applicant’s self-development and conduct since the offense and the impact of a grant on the community, including crime victims and survivors. Clemency recognizes rehabilitative change after conviction. A clemency grant does not forgive or minimize the crime and the harm it caused, and it does not expunge or erase a conviction. 

The Governor regards clemency as an important part of the criminal justice system that can incentivize accountability and rehabilitation and increase public safety in prisons and in our communities. 

Additional information on executive clemency can be found here.