A pardon signed by Oklahoma Gov. Brad Henry sits in a modest frame at Gene Weatherly’s home, says The Oklkahoman. Weatherly, 49, is forgiven, but his felony record remains. Under state law, his record can’t be expunged. He has spent more than 22 years doggedly seeking to clear his name as a convicted felon. He spent nearly 15 years in prison for the savage stabbing of an Oklahoma City woman.
State law provides nine scenarios for ex-convicts to expunge their records. Weatherly’s circumstances don’t fall into any of those required categories. The result: Weatherly must live with a record as a convicted felon despite a governor’s pardon. Said Garvin Isaacs, an Oklahoma City defense attorney who sought to expunge Weatherly’s 1984 conviction. “If ever a man deserved to have his record expunged, it’s Gene Weatherly. Yet there is nothing we can do under the present law.” In 2001, the FBI concluded that former Oklahoma City police chemist Joyce Gilchrist had “made statements that went beyond the acceptable limits of forensic science” in Weatherly’s case and others. But he already had been released from prison.