Shirley Lute, a 76-year-old victim of domestic violence, will be released from prison thanks to the efforts of the School of Law’s Civil Justice Clinic and Jane Harris Aiken, J.D., the William M. Van Cleve Professor of Law and director of the clinic.
After Aiken and third-year law student Olivia Bradbury successfully argued a petition stating that Lute was wrongfully denied parole, the Supreme Court of Missouri on April 17 ordered the Missouri Board of Probation and Parole to set conditions of parole for Lute.
The victory is the culmination of more than eight years of work by the clinic on Lute’s behalf.
The oldest female inmate in Missouri, Lute was incarcerated for her role in the 1981 murder of her abusive husband. That same year, she was sentenced to life in prison without the possibility of parole for 50 years.
The clinic initially was successful in helping Lute obtain a 2004 commutation of her sentence to life in prison with parole from Gov. Bob Holden, but she then was denied parole. In a one-sentence denial, the parole board stated that Lute’s release would depreciate the seriousness of her offense.
Lute received a commutation from Holden in part because her husband’s physical, psychological and emotional abuse of her was not brought into evidence at the time of her original trial. She also already had served more than three times the average amount of time served for a violent felony in Missouri.
On Sept. 15, 2006, the clinic filed a writ of habeas corpus in the state’s highest court asking for Lute’s immediate release. During oral arguments March 8, Aiken and Bradbury, who served as second chair, argued, “The parole board grossly exceeded its authority when it ignored the governor’s intent and instead of weighing the merits of Shirley Lute’s exit plan, focused on the commission of the original crime,” Aiken said.
In their written opinion, the Missouri Supreme Court held that while the commutation “might not have explicitly stated that the governor had considered ‘the seriousness of the present offense,’ that is necessarily implied because otherwise the governor would not have recommended … parole after considering the facts.”
The ruling is gratifying, Aiken said.
“We are thrilled that our client will finally receive the justice she deserves,” she said. “It has been a long time coming, but we are relieved that the court has followed Governor Holden’s intent. Ms. Lute has been a model prisoner and has more than served enough time to satisfy the state’s interests in retribution, public safety, punishment and deterrence. This is an important victory for victims of domestic violence.”
Bradbury added: “It has been an amazing experience to be involved in this case and to work so closely with Professor Aiken. It is a tremendous feeling that as part of my law school education, I was able to help bring justice to Shirley Lute. I eagerly await the day she walks out of prison.”
In addition to Aiken and Bradbury, clinic attorney Stephen Ryals, the Missouri Battered Women’s Clemency Coalition, and other students and faculty in the clinic worked on Lute’s case. Students handled Lute’s clemency application, assisted in her parole hearing and filed documents with the Livingston County Circuit Court and the Missouri Supreme Court.