Nebraska Board of Pardons denies Earnest Jackson’s request to commute sentence

LINCOLN, Neb. (KLKN) – A man serving life in prison for the murder of an Omaha man has been denied a sentence commutation.

The Nebraska Board of Pardons denied Earnest Jackson’s request Monday afternoon.

At the age of 17, Jackson was accused of murdering Larry Perry back in 1999.  He has since served more than 20 years in the Nebraska State Penitentiary.

“Nebraska is not for letting people out of prison. So we knew it was an uphill battle,” said Tracy Jackson, Earnest’s wife. “We were just hopeful that they would see Earnest as a whole and not just a piece of paper and a number.”

Since his sentencing, he has said that he did not commit the murder. Perry’s family has also pushed for Jackson’s release.

Gov. Pete Ricketts, Attorney General Doug Peterson and Secretary of State Bob Evnen sit on the state’s Board of Pardons.

BREAKING NEWS: Nebraska Board of Pardons has decided to not commute the sentence of Earnest Jackson who was convicted of murder of an Omaha man in 1999. More on it tonight on Channel 8.

— Channel 8 KLKN-TV (@Channel8ABC) September 19, 2022

Despite feeling hopeful, his family says they were expecting a denial.

“We understand that if he had gotten the sentence commuted today, it’s not saying he’s innocent or guilty.” said Brenda Jackson-Williams, Earnest’s mother. “They just release him, which is fine. That’s all we want. I want for Earnest Jackson to be able to spend the rest of his good days he has, not locked up behind no bars, but with his family, with his wife, with me his mother, his sister, everyone.”

One of the advocates for Jackson from the nonprofit Stand In For Nebraska says this case was the most unbelievable she’s ever seen.

Nature Villegas says Jackson is sitting in prison 22 years later for a crime that was later determined to not be a crime.

After Jackson was convicted, another teenager said he killed Perry in self-defense. That teen, Shalamar Cooperrider, was found not guilty.

On Monday, Villegas’ priority was Jackson’s family.

“My concern was Mom,” Nature Villegas said. “This has been a long 22 years, and to see a mother cry like that and feel broken like that. Probably the hardest part of this is seeing the family so torn.”

Community organizations have spread Jackson’s story all over social media and through local events and will continue to do so.

A petition asking the Board of Pardons to commute Jackson’s sentence garnered over 62,000 signatures.

As for the next steps in Jackson’s case, one of Jackson’s attorneys, Daniel Gutman, said a bill introduced in the Nebraska Legislature could help.

Legislative Bill 28 would allow judges to grant a retrial to those who have been convicted of a crime if new evidence in the case is discovered.

The bill was introduced the last two legislative sessions.

In 2021, it failed to pass by one vote. In 2022, it was put on hold indefinitely and died before it made it to discussion.

Gutman said he believes the trials of Cooperrider and another male involved would provide sufficient evidence for a judge to retry Jackson.