Holland & Hart has a longstanding commitment to provide pro bono legal services to help others who might otherwise go without legal assistance. A former JAG lawyer, who defended and prosecuted members of the US Air Force, Las Vegas attorney Erica Medley knows the importance of providing quality legal services to people charged with or convicted of crimes.
Erica recently represented Kevin Brooks on an application to the Nevada Board of Pardons Commissioners (Board), that considers requests to commute sentences, grant pardons, and restore applicants’ civil rights. Erica learned about Mr. Brooks’ situation through another client she represented on a pro bono basis before the Board and agreed to help Mr. Brooks with the hopes of commuting his sentence.
A father and grandfather, Mr. Brooks had served over 34 years toward his sentences of Life Without the Possibility of Parole (LWOP) for two non-violent burglaries of unoccupied houses. The length of his sentence was the result of his status as a “habitual criminal” from a series of non-violent felonies in California during the 1970s and 80s. A skilled student and athlete in his youth, Mr. Brooks grew up economically disadvantaged, and in an attempt to escape his life circumstances, he pursued a negative path that led to his LWOP sentence at 31 years old.
When Mr. Brooks began his sentence, he was demoralized—his sentence of LWOP understandably dismantled his hopes for the future. He was determined to take responsibility for his actions, and improve his life, outlook, and attitude to become a better role model for his son and grandsons, despite having no hope that he would someday be released.
He took advantage of the resources provided by the Nevada Department of Corrections and through hard work, transformed his mindset and attitude. He rediscovered his love of learning, becoming an avid reader of self-improvement texts and working in the law library where he developed a passion for legal studies. Mr. Brooks helped many other inmates learn more about their cases and judicial options.
The birth of his first grandson marked another turning point for Mr. Brooks, inspiring him to lead with his newfound sense of responsibility and rehabilitative work and to actively work to serve as a role model and use his past mistakes to educate and inspire others. Mr. Brooks wrote his own self-help book and a children’s book, inspired by his grandsons.
The Board is unique compared to other states where Governors, alone, typically decide applications for executive clemency. Nevada’s Board, on the other hand, is comprised of nine members: the seven Nevada Supreme Court Justices, the Attorney General, and the Governor. An applicant is required to receive a majority vote of five to obtain relief. Convening quarterly, the Board selects a handful of inmate applications that meet the criteria established by the Nevada Revised Statutes and Administrative Code. Only a fraction of inmate applicants are selected for each hearing, highlighting the importance of effective advocacy and presentation during the application phase. Mr. Brooks’ case was one of two inmate cases on the Board’s June 2024 agenda.
Recidivism—the risk of an individual reoffending—is a significant consideration in the Board’s assessment of whether clemency is appropriate. Mr. Brooks’s case was bolstered by “no objection” statements from the Nevada Department of Corrections and the Clark County District Attorney’s Office. To further strengthen his case by demonstrating his strong family support network, Erica arranged for members of his family from Nevada and California—14 people in all—to attend his June 18, 2024 hearing. Among the many family members that spoke in support of his application, Mr. Brooks’ grandson—one of three grandchildren whose drawings brightened much of his cell walls—spoke about his excitement at the possibility that his Granddad would soon be able to play basketball with him in California. His testimony visibly moved several members of the Board.
Not only did Erica advocate for relief from his sentence of LWOP, but she specifically requested time served compared to a commutation to Life with the Possibility of Parole. If Mr. Brooks was subject to parole in Nevada, it could jeopardize his ability to move to California to live with his son, daughter-in-law, and three grandsons.
Following arguments by Erica and a statement by Mr. Brooks, one Board member made a motion to commute Mr. Brooks’ sentences to time served. Two other Board members simultaneously seconded the motion. Then came the vote. The Secretary of the Board conducted the roll call, calling each Board member by name—yes, yes, yes. After five “yes” votes, Erica and Mr. Brooks hugged with excitement because it meant that Mr. Brooks’ sentences would be commuted to time served and he would be reunited with his family.
Mr. Brooks was released the next day, and he and his family visited the Holland & Hart Las Vegas office to celebrate. Since then, Mr. Brooks moved to California to live with his son, daughter-in-law, and three young grandsons, where he has enjoyed playing basketball with his grandsons and learning from them as they try to teach him to play video games. We wish Mr. Brooks and his family the best as they enter this new chapter of their lives together.
Erica Medley led the matter, with assistance from attorneys Caitlan McMasters and Lauren Wigginton.