Phil Murphy’s Final Clemency Act As New Jersey Governor Includes Those With Political Connections  

In his second term, Gov. Phil Murphy used his clemency powers to give hundreds of ordinary New Jerseyans a second chance.

Murphy’s final round of clemency actions just before leaving office on Tuesday included another group that traditionally benefits from that power: The politically connected.

A handful of the 148 people Murphy granted clemency to had political connections or prominent backgrounds. They include a former lawmaker, the son of a Democratic fundraiser and a prominent pastor who's been a vocal advocate of Murphy.

The departing governor, who had a planned trip overseas, did not immediately respond through spokespeople.

He carried on a tradition used by outgoing executives like Presidents Donald Trump and Bill Clinton and former New Jersey Govs. Chris Christie and Jon Corzine.

Murphy's action Tuesday had striking timing. He pardoned Harris Jacobs — who was found guilty of a fatal hit and run on Tuesday morning, according to the Atlantic County Prosecutor’s Office.

But Murphy’s pardon effectively nixes the jury’s ruling. Jacobs fatally hit Orlando Fraga, an Atlantic City man, in the early morning hours in 2022 and left the scene without calling police. According to InsiderNJ, Jacobs' father, Joe Jacobs, helped raise over $100,000 for first lady Tammy Murphy’s unsuccessful Senate bid in a single night.

An attorney for Harris Jacobs did not immediately respond to a request for comment. The Atlantic County Prosecutor's Office, led by a Murphy appointee, condemned the action without naming Murphy.

“It must not be overlooked that the defendant’s conduct resulted in the death of an elderly gentleman who leaves behind a grieving family. This case was thoroughly investigated and prosecuted by the dedicated men and women of the Atlantic County Prosecutor’s Office, who brought this defendant to justice today," the statement said.

"Unfortunately, when politics pervades justice, the rule of law becomes subordinate to influence and power … a conviction can be rendered meaningless not by the verdict of a jury, but by the intervention of political power and connections. Justice must be blind to status, relationships, power, and expediency; when it is not, the community loses faith in the very system meant to protect it."

Murphy issued no pardons in his first term and most of his second, but in the last year gave 455 pardons and commutations. Most did not have particularly political backgrounds and progressive groups, like the ACLU-NJ, supported the actions from Murphy. The governor also used his clemency powers to restore jury rights to hundreds of thousands of New Jerseyans.

There is precedent for politically connected pardons from executives. Republican former Gov. Chris Christie pardoned a campaign donor and a vocal supporter on the campaign trail just before leaving office. President Donald Trump has also pardoned his supporters — notably all Jan. 6 rioters during his first day in office. Former Gov. Jon Corzine, the last Democrat to hold office before Murphy, also gave pardons in his final hour as governor.

Another pardon recipient from Murphy on Tuesday included Democratic Assemblymember Al Coutinho, who pleaded guilty to stealing from his family’s charitable foundation. The Newark Democrat was sentenced to three years of probation in 2013 after admitting to personally cashing $32,500 meant for his family’s foundation.

In a brief interview Tuesday, Coutinho said he applied for a pardon online and “got some letters of support from the community.” He said elected officials were not part of that effort.

“I'm honored and humbled the governor decided to issue a pardon for something that happened 12 years ago,” he told POLITICO. “I did not ask elected officials to be involved in the process. I do a lot of work with the Salvation Army and groups involved with homelessness and youth soccer.”

Another pardon included a Lakewood man, Mordechai Berkowitz, who pleaded guilty to vehicular homicide after he killed a woman in 2022, according to the Ocean County Prosecutor's Office. Berkowitz was sentenced to six years in prison under the No Early Release Act. He was represented by Lee Vartan, a prominent defense attorney who was previously said to be Murphy’s short list to be attorney general.

In a statement, Vartan said that Berkowitz “will make the best of his second chance.”

“Mordy Berkowitz spent years educating the community on the dangers of drinking and driving,” Vartan wrote. “The Governor’s commutation will allow him to return to that important work, which has become his passion, years sooner.”

Murphy also pardoned Moshe Glick, a physician charged with aggravated assault who received national attention for allegedly attacking a pro-Palestinian protestor by a West Orange synogogue.

The outgoing governor also pardoned Steffie Bartley, a prominent pastor from North Jersey who leads New Jersey’s chapter of the National Action Network founded by the Rev. Al Sharpton. Bartley, who's had influence with Murphy's office over his two terms, has spoken openly during his church services of prior criminal convictions from decades ago.