JACKSON, MS (abc24.com) - Are roughly 200 pardons granted by former Mississippi Governor Haley Barbour legal? That's the question facing the state's highest court. How justices answer it could change state law.
Barbour made most of the pardons right before he left office at the beginning of January. Among those granted freedom were four convicted murderers. Since those four men were released, victims' families say they've been reliving the crimes.
Joseph Ozment, one of the men set free, was serving a life sentence for shooting a Desoto County store clerk in the head in the early 90's. Ozment is the only one of the murders who did not have a lawyer at Thursday's hearing, but he'll be affected by whatever the court decides.
The sister of the man Ozment killed hopes his days as a free man are numbered.
"I believe this has given us a chance to speak our minds, allowing everyone else in the country to see what's happened," said Mary McAbee, sister of murder victim Rickey Montgomery.
McAbee said Haley Barbour never gave her the chance to object to her brother's murderer being set free.
"He did something wrong; he did not allow us a chance to speak."
So she's speaking up now.
According to the state constitution, notice of pardons must be published in local newspapers 30 days before prisoners are released. Ozment's, along with the majority of those pardoned, was not.
"Had he heard our voice and listen to us things might have been different," McAbee said.
Attorney General Jim Hood agrees, and claims the pardons violate the state's constitution. But a lawyer for 3 of the inmates argued nothing needed to be published, and that whatever the governor signs into law goes.
Attorney Thomas Fortner told justices, "It's the governor's decision whether or not publication has been met. That's the end of it."
The justices will now decide which argument holds more weight.
McAbee knows what she wants to happen.
"I hope when this is all settled and done [Ozment] will come back - they'll get him to come back. And he'll have to go back to prison where he should be."
The Attorney General said only 22 of the 215 pardons were done with proper notice. All the pardons are in jeopardy. Justices have not said when they'll deliver their decision.
