The Montgomery-based Foundation for Moral Law recently celebrated a victory after securing the release of a man who received a life sentence under the state's Habitual Offender Act after shoplifting a nail gun.
The state convicted Willie Lee Conner in 2013 for stealing a nail gun valued at around $250. That should have been a misdemeanor, but the jury convicted him of first-degree robbery, which is a felony. The felony charges came because authorities claimed Conner was armed when the theft took place: a folding knife in his pocket. Connor also told loss prevention at the home improvement store that he "had a gun," referring to the nail gun. Conner reportedly reached into his pocket to show the nail gun but was tackled to the ground by employees after making his ill-advised declaration.
Due to multiple previous theft-related felony convictions, Connor was given life with the possibility of parole.
After Connor exhausted Connor's state appeals, the Alabama-based Foundation for Moral Law began petitioning on the part of Conner, seeking his release. The Foundation was founded by former Chief Justice Roy Moore, who dissented both times the Alabama Supreme Court rejected Conner's appeals. Current Chief Justice Tom Parker also dissented, along with retired Justice Glenn Murdock.
Moore's wife is the Foundation's current president, with retired Air Force Lt. Colonel John Eidsmoe acting as senior council.
The Foundation appealed to the U.S. District Court for the Northern District of Alabama in 2020, arguing that Conner's punishment was "grossly disproportionate" to the crime. However, on Thursday, the parole board voted 2-1 to release Conner from imprisonment after representatives from the Foundation spoke in his defense.
Eidsmoe told 1819 News the Foundation could articulate the extenuating circumstances in Conner's case that led them to believe he was ripe for early release.
"We had a hearing there before the parole board," he said. "Three officers heard the case and asked us some questions. We explained the circumstances of Willie's conviction. Even though he was convicted of armed robbery, it wasn't the sort of armed robbery that you would think. He had taken a nail gun and shoplifted it. When they stopped him, he said, 'I have a gun.' He was referring to the nail gun, but they thought he was referring to a weapon, which he did not have. So, that's how he got charged and convicted with armed robbery, so it wasn't the kind of violent offense you'd normally think it was."
"What we pointed out second was his Christian conversion, which, as both a lawyer and a pastor, I suggested to them that I know people manipulate religion in prison, but I thought there were good reasons to believe Willie was sincere," he continued. "For one thing, he has been consistent in his Christian commitment over the years he's been in prison. For another thing, he is regularly reading the Bible and quoting it in his phone calls to me and his letters to me, and citing it accurately in a way that somebody that wasn't reading the Bible would not be able to do. Thirdly, he shows concern over other people. For example, my wife is going through cancer right now, and every time Willie calls or writes to me, he asks me about her and says he's praying for her. So for all these reasons, I suggested his Christian commitment is real."
Eidsmoe further said that Conner was a model inmate while incarcerated and even had a construction job lined up after his release.
"I said that he's got an employer that is ready to hire him as soon as he comes out. His wife also has some health problems. She needs him and is waiting for him. In other words, Willie is 58 years old; he has one lung; he's not a threat to anybody. With overcrowded prisons, there's no reason he needs to be there, and it's time to release him. And, with a 2-1 vote, the parole board agreed."
The Foundation for Moral Law is an ostensibly conservative organization, as one would expect, being founded by Moore. While the Foundation typically handles larger-scale cases nationwide, Eidsmoe said he was thankful for the opportunity to help Conner and show that conservatives care equally about the state's issues regarding incarceration.
"A lot of people think that conservatives don't care about criminal justice reform when, in reality, we have more basis for being concerned about that than anyone else," Eidsmoe continued. "The Bible certainly talks about our God-given rights, and the Bible talks about criminal justice. In the Old Testament law, there are all kinds of precautions to make sure that a person is not wrongfully convicted; 'By two or three witnesses, let a thing be established,' as an example. Because we believe that man is created in the image of God, and human life is precious, then we, above all, should be concerned with criminal justice reform."
He continued, "Normally, we're involved with amicus briefs before the U.S. Supreme Court with cases that have national import, abortion issues, and religious liberty issues, but we don't very often get an opportunity to help just one single human being like we did here. So, there's just a special satisfaction with knowing that we made such a difference in the life of one person. As for Willie, his wife and sister were there [at the hearing] along with maybe a dozen of his family. They were just overjoyed."
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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