Tony Nenninger Goodwater Legal Services 94 Huzzah Club Road Bourbon, MO 65441

June 6, 2013 Governor Jay Nixon Missouri State Capitol

Attorney/Mediator Mo. Bar No. 61002 573-775-5263 tonygoodh2o@yahoo.com

Re: Jeff Mizanskey Executive Clemency Application Dear Governor Nixon, I recently became aware of the extreme sentence imposed on Jeff Mizanskey for possession of marijuana with intent to distribute. I represent Mr. Mizanskey and am writing to supplement his pending pro se application for executive clemency. Jeff is serving a sentence of life without parole for possession of marijuana with intent to distribute. Jeff had never been incarcerated prior to his current conviction. Jeff was sentenced as a prior and persistent drug offender because of prior felony guilty pleas for sale of one ounce of marijuana and possession of over 35 grams of marijuana on November 19, 1984; and a conviction for possession of over 35 grams of marijuana on October 9, 1991. There were no weapons, violence, juveniles or other aggravating factors involved in any of his convictions. Jeff's current conviction is based on his arrest almost 20 years ago on December 19, 1993 for being a driver for another person who had purchased approximately seven pounds of marijuana from informants in a hotel room while he was present. I have reviewed legal files from Mr. Mizanskey's appeals. The merits of those legal arguments are beyond the scope of this plea for executive clemency, except to note that the Court of Appeals found there was sufficient evidence to convict Jeff and that there was no need for plain error review of numerous legal arguments that have not been judicially addressed because of the failure of Jeff's attorneys to raise those issues in a timely manner. I am willing to prepare a briefing of those legal issues if your office indicates an interest in granting clemency for Jeff and it would be helpful for you to review the merits of those legal arguments that have not been judicially considered. The main focus of this supplement to Mr. Mizanskey's pending pro se application for executive clemency is the extreme harshness of Jeff's sentence. I am not aware of any other person in Missouri who is serving a life sentence for non-violent cannabis-only offenses. It is no secret that all recent major polls indicate over 50% of Americans, including Missourians, favor the complete legalization of adult use of marijuana. We are not asking you to commit to this new majority preference for cannabis legalization, but rather as Governor of Missouri to represent the current population's modern sociopolitical trends to liberalize marijuana laws in considering the commutation of Jeff's sentence. When Jeff was sentenced on June 19, 1996 the population and the judiciary were guided by hysterical misinformation about cannabis that has since been clarified by more extensive science. Modern judicial sentencing practices reflect this science and the population's recognition that cannabis is not the scourge of society that it was once thought to be. It is reasonable for you to commute Jeff's sentence consistent with modern sentencing practices.

Jeff's sentence is also unreasonable when compared to the sentence of 10 years that was imposed on his co-defendant who actually purchased and possessed the package of marijuana and the informants who had been caught the day before Jeff's arrest transporting approximately 84 pounds of marijuana and were apparently not even charged at all. Furthermore, Jeff reports that he sees hard core drug addicts, rapists, and murderers paroled out of his maximum security prison all the time. It defies common sense that Jeff is not even afforded the opportunity to be considered for parole. Jeff reports he has not been in any trouble during his 18 years of incarceration, other than two very minor write-ups. Jeff reports he has been employed within the Department of Corrections during all of his incarceration and is currently employed at a furniture finishing job inside the Jefferson City Correctional Facility. Jeff admits that he had drug problems at the time he was arrested, but he has since that time participated in DOC programs and has matured such that he is not likely to relapse into similar behaviors after 18 years of incarceration. His job performance while in the Department of Corrections demonstrates he is capable of supporting himself and being a productive member of society. Finally, Mr. Mizanskey's life sentence is too costly in the context of the modern economy and the sociopolitical trend to down-size government. Liberalization of marijuana laws has become a popular goal among mainstream Democrats and Republicans alike who are demanding that government stay out of adults' private lives. It is our hope that our Governor will be among the emerging political leaders who are reconsidering the excesses of our past regarding appropriate punishment for marijuana law offenders. Please contact me if I can be of any assistance to you in obtaining any information necessary for a fair resolution Mr. Mizanskey's plea for executive clemency. I hope to bring him to your office with handwritten thank you letter for granting him an opportunity for the freedom to meet his positive potential in society. Sincerely, /s/Tony Nenninger