Legislators Support Freeing Marijuana Convict
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Legislators Support Freeing Marijuana Convict

Date: March 4, 2015
State Capitol Bureau

JEFFERSON CITY - Not one witness nor committee member voiced opposition at the House Corrections Committee hearing about a bill to release Jeff Mizanskey after 21 years in prison for marijuana charges.

Mizanskey was sentenced to life in prison without a chance of parole because it was his third felony drug conviction.

Among those voicing support for his release was Rep. Justin Hill, R-St. Charles County and a former police officer who worked drug cases.

"From my history working for the DEA and local task force in the St. Louis area, this marijuana charge does not fit the sentencing," Hill said. "I've charged people in federal court with a thousand pounds of marijuana and they got quite a lesser sentence than this."

The committee chair -- Rep. Paul Fitzwater, R-Potosi -- also voiced support. Fitzwater had visited Mizanskey less than two weeks earlier.

"Not one time did he complain to me [that] he's been unjustly accused, I'm innocent, get me out of here. Not one time did he do that and I was impressed with that," Fitzwater said.

Mizanskey's brother, daughter-in-law and son spoke to the House committee.

"I am now fulfilling my mother's last words to me before she passed. She made me promise to be committed to getting justice for Jeff. That is why I am here today," said Mizanskey's brother, Mike Mizanskey.

"I am pleading to you...only you have the power to correct the wrongful incarceration of people serving life without parole for marijuana offenses," he said.

Because it was Mizanskey's third felony drug conviction, the state's current law allowed the judge to impose a life sentence without the chance of parole.

Last year, Missouri's legislature passed a major overhaul the state's criminal laws that could prevent similar sentences in the future.

More than 360,000 signatures were delivered to the governor last spring urging Gov. Jay Nixon to release Mizanskey.

In addition, the House committee was read a letter to Nixon from the man who prosecuted Mizanskey urging his release. While describing Mizanskey as a drug dealer with multiple offenses involving more than just marijuana, Tony Nenniger urged Nixon to grant Mizanskey clemency.

The May 2014 letter from Nenniger, now a circuit judge in Sedalia, cited repeated criminal violations. But, he concluded that because of Mizanskey's years in prison and his public acknowledgement of guilt, he supported the petition for clemency.

Nixon has given no indication of a decision in the Mizanskey clemency.