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High court: Governor wrongly revoked commutation

By WTOP Staff

COREY WILLIAMS
Associated Press

LANSING, Mich. (AP) — Michigan’s Supreme Court on Tuesday overturned one of Jennifer Granholm’s last acts as governor and gave an inmate an opportunity for release after 25 years in prison.

The court ruled 6-0 that Granholm exceeded her constitutional authority in 2010 when she first commuted the life sentence of Matthew Makowski, then changed her mind when relatives of a murder victim complained.

It’s an unprecedented case in Michigan. Lower courts let Granholm’s decision stand, but the Supreme Court said she went too far.

“The language of the (state) Constitution confers only the power to grant commutations. The fact that the Constitution specifically provides that the Governor may grant a commutation implies that the Governor’s power is limited only to that ability,” Justice Michael Cavanagh wrote for the majority.

One of Makowski’s lawyers, Paul Reingold, noted that the court said there are constitutional limits to the governor’s power, “and it’s the job of the court to say the governor exceeded those limits.”

Tuesday’s Supreme Court ruling sends Makowski’s commutation back to the state parole board, according to Corrections spokesman Russ Marlan.

Makowski was convicted of first-degree murder for arranging the robbery of a Dearborn health club co-worker in 1988. Makowski didn’t know the robbers would be armed and wasn’t present when Pietro “Pete” Puma was fatally stabbed.

The state attorney general’s office defended Granholm, arguing that courts can’t review how a Michigan governor uses constitutional authority to change an inmate’s sentence. And even if courts do, state attorneys said, Granholm was free to change her mind, especially since Makowski never had a commutation certificate in his hands, 110 miles away at prison.

But the court said the governor’s attempt to revoke a valid commutation was not permitted because her authority over the prisoner’s commutation had passed.

“Once plaintiff’s sentence was commuted, he was transferred to the jurisdiction of the parole board and his sentence was no longer one of life without the possibility of parole,” the order said.

A spokeswoman for Granholm declined to comment Tuesday on the court’s ruling.

Makowski had filed an application in January 2010 to have his sentence commuted. Neither Puma’s family nor the prosecutor’s office appeared at an October 2010 public hearing on the request. The next month, the state parole board recommended 8-7 that Granholm change Makowski’s no-parole sentence, a step that would have cleared the path for his eventual release on parole.

He told the board he was sorry for Puma’s death. Supporters said Makowski, now 47, has become a devout Roman Catholic behind bars and led many inmates to Christianity.

Granholm signed the commutation on Dec. 22, 2010, and sent it to the Secretary of State where it was signed and the Great Seal was affixed. The following day, the governor’s office received a call from an attorney representing the victim’s family, which opposed the commutation. Granholm then wrote to the parole board chair directing a halt to the commutation proceedings and stating her intent to revoke the order.

The state parole board next meets June 13, and Marlan said he assumed the case would be on the agenda. The current board members were not among the 15 that made the 2010 recommendation.

“He could be paroled, but whether or not this parole board will parole him is something we’ll have to wait and see,” Marlan told The Associated Press. “That’s just the way the process works. The parole board members now may have a different opinion than the parole board at that time.”

Any decision the current board makes will not require the issue going to current Gov. Rick Snyder, he added.

Makowski is being held at the Lakeland Correctional Facility in Coldwater, about 100 miles west of Detroit.

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Williams reported from Detroit. Associated Press writer Ed White in Detroit contributed.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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