A Pardon for Richard Lell
- by: Michelle Ciufo-Lell
- recipient: Robert J. Bentley, Governor of the State of Alabama
In 1989 while driving home from a bar in Alabama, my husband Richard Eugene Lell was hit head on when a driver in another car crossed into his lane. In the accident, a member of the other drivers family was killed. My husband, Richard Eugene Lell was sentenced in 1990 to 30 years in state prison for negligent homicide by vehicle. His conviction was based partly on the fact that the driver of the other car involved in the accident lied to the police and the court about falling asleep at the wheel. Richard served 17 years before the other drivers mother came forward at the parole hearing and admitted that her son had lied originally and had indeed fallen asleep at the wheel and that led to the accident. Instead of releasing Richard for time served, the state of Alabama placed Richard on 15 years parole. Richard served much more time than he would have gotten if he had just been charged with driving without a liscence and driving under the influence. On April 3, 2015, Richard was arrested the next street over from ours for loitering/prowling. A second degree misdemeanor which IF convicted carries a sentence of up to 60 days in the county jail. However, whether he is found guilty or not there is a possibility that Alabama will decide to extradite him back to Alabama and return him to custody in prison.Richard has been attending college and is six months away from graduating and earning his degree. We are also buying a home. Richard attends church regularly and has been striving towards becoming a productive member of society. Please sign this petition asking the governor of the State of Alabama to grant clemency to Richard and allow Richard to live the rest of his life without the worry of violating his parole hanging over his head constantly.
Dear Governor Bentley,
In 1989, my husband Richard Eugene Lell was involved in an accident while driving home from a bar. Another car with a 16 year old driver crossed into his lane when that driver fell asleep at the wheel. A member of the other drivers family was killed in the accident. When Richard woke up in the hospital, he learned that not only had someone passed away in the accident but that the other driver lied about falling asleep at the wheel. As a result, my husband was charged with negligent homicide by vehicle. If the driver of the other car had not lied, Richard would have been charged with driving while liscence suspended and DUI. He would have still went to prison but for a much shorter time. Richard served 17 years and then at his parole hearing, the mother of the other driver came forward and admitted her son had lied from the start. Richard should have been released from prison without parole. Instead, Alabama placed him on 15 years parole. Richard has reported every month and complied with all the requirements of his parole. On April 3, 2015, he was arrested in Marion County, Fl for loitering/prowling ( a charge which, if convicted, carries a maximum sentence of 60 days in the county jail. It is a second degree misdemeanor. Regardless of the outcome of his hearing in the loitering charge, Alabama has the option to extradite Richard back to Alabama or not. Richard has worked hard to put his life on the right track. He attends college and is six months away from his degree and we are buying a home. We also attend church regularly. Richard does not drive by choice and he no longer drinks. He is not a violent person but a peaceful person. Richard feels tremendous guilt over his part in the accident, even though the accident was not directly his fault. Please consider granting Richard clemency and release him from parole. Allow him to live his life without the constant worry of prison if anything happens and he ever faces again an instance where he is charged with something but it is not proven.
Thank You for Your Consideration of this Matter.
Michelle Ciufo-Lell
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