Friends, Family and Supporters, My name is Nicole Livingston and I'm gathering signatures to send along with Derek "Dicey" Livingston's application for Executive Clemency/Commutation of Sentence to time served from the State of New York.

     In 2000, at the age of 29 Derek was arrested and subsequently sentenced as a persistent violent felony offender for his alleged involvement in a burglary, grand larceny and criminal possession of stolen property. Derek has always professed his innocence to the charges of burglary and grand larceny while admitting to the charge of possession of stolen property.  To his defense, during his trial the detectives and state experts testified that the fingerprints and footprints found in and about the burglarized property did not match his.  In addition, the one eyewitness to the crime testified that he did not see Derek enter or exit the dwelling.  The crime of burglary involves the unlawful entry into a dwelling, coupled with the intent to commit a certain crime.  And despite hearing the testimony of the detectives, experts and eyewitness the jury convicted Derek of all charges.  Under New York State law, a conviction of burglary is considered a violent crime even if no one was injured which was so in Derek's case.  Derek was sentenced and committed to the New York State Department of corrections to serve a 16 year to life sentence.

     During his 10 year incarceration, Derek has completed several college courses and has earned credits from the prestigious Cornell University towards a degree in Business. He has also successfully completed all New York State Department of Corrections rehabilitative and vocational courses required as a condition of his release, as well as a number of optional rehabilitation programs.

     The U.S. Department of Justice Bureau of Statistics has calculated an increasingly diminished probability of persons being released from prison recommit. Derek fits the criteria of many of these statistics which indicate that a person who is married, over 35 years in age, has been in prison over ten years, received college level education, participated in rehabilitation, with strong community and family support has less than a 3% rate of recidivism.

     Derek is not a threat to society and he would be able to lead a productive crime free life once given the opportunity.  Thank you for signing this petition. We are grateful for your support.

Nicole Livingston (Derek "Dicey" Livingston's wife) and the entire Livingston family

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