Serial arsonist tries his hand at early release

SALEM, Ore. - A serial arsonist went before the court Wednesday, pitching his case for early release under Oregon's possibly-short-lived state bill 3508. 

But is this prisoner deserving of less prison time for good behavior? That was the question in a Marion County court as convicted arsonist Jerry Nicholson Jr. tried to take advantage of this new "early release" law.

One of his victim's, a 90-year-old woman, was called to court to testify. Her stance? She did not want him released early. Neither did the law enforcement agencies who put him behind bars, nor the victim's advocacy groups who are against this law.

Oregon's new stop-gap measure gives prisoners like Nicholson the ability to earn an additional 10 percent off their sentences for good behavior. This is a new allowance in addition to the 20 percent good-behavior sentence reduction already allowed by state law. (See "Early release? A bill to fill Oregon's budget-gap causes fallout in courts.") Under this law, which legislators intend to challenge in 2010, Nicholson Jr. could have shaved three more months off his current 30-month prison sentence.

Ninety-year-old Cleathel Knox of Stayton, Ore., went before a Marion County judge asking the judge not to release the man convicted of trying to burn down her house - while she was inside.

Nicholson, meanwhile, speaking to the judge by phone, pitched his case: "I'd like to say that me, myself, I don't think I'm a threat to society if I get out early."

The judge said she did not agree. Nicholson was denied the extra early release.

Knox couldn't agree more with this decision more, and had this to say about the state's "early release" law: "I think it's terrible," Knox; I don't think it's for real. Some of these people are back in jail again within two or three weeks after it happens."

Crime victims advocates and members of law enforcement tell us that the unintentional consequences of a law intended to help save the Oregon state budget is that it's allowing even violent offenders to get out early and re-offend. They said the state saves about $3 million a year through early releases, and it's just not worth the risk. 

Critics of the law said the early-release option will cost the state more in the long-run, as it's now forced to hear these cases and run criminals back through the system if they then re-offend. 

Note: Jerry Nicholson Jr.'s arrest is cited by Oregon State Police as a victory for its Arson & Explosives Section team. The Oregon State Police Arson Unit assisted Stayton Police Department, Stayton Fire Department and the Oregon State Fire Marshal with the investigation of 14 suspected arson fires reported in Oregon's Stayton and Sublimity areas between August 2007 and September 2008. Thirty-four-year-old Nicholson, from Stayton, was subsequently arrested and pleaded guilty January 2009 to one count of arson in the first degree. He was sentenced to 36 months incarceration.