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Man convicted of same crime as Rene Lima-Marin wants same chance at freedom

After Rene Lima-Marin was released after 16 years in prison and pardoned by the governor, his codefendant wants the same sentence.
Credit: Byron Reed
Rene Lima-Marin enters the hearing of his former co-defendant, Michael Clifton. Clifton wants to be free like Lima-Marin is.

ARAPAHOE COUNTY — The lawsuit filed by Michael Clifton against Rick Raemisch as executive director of the Colorado Department of Corrections is about second chances and why one man got his and another did not.

"When we saw everything happen with Rene, we're like 'maybe this is Michael Clifton's chance,'" Derrick Clifton, Michael's brother, said.

Rene Lima-Marin and Michael Clifton were armed robbers who hit two video stores in 1998. They held a worker at gunpoint, but never physically harmed anybody. Still, they were each sentenced to 98 years in prison. Clifton's attorney, Adam Frank, says the initial sentence was unjust.

"Today, if that crime was committed, someone might be looking at a 10 or 15-year prison sentence," Frank said.

Lima-Marin was accidentally set free after 16 years due to a clerical error. He left prison, got married, worked a regular job, and led a clean life after Lima-Marin said he re-found God in prison. The Cuban-born immigrant was re-imprisoned once the error was discovered and also faced deportation.

Eventually, Lima-Marin's supporters won the eye of Gov. John Hickenlooper (D-Colorado) who pardoned Lima-Marin, wiping away the rest of his 98-year sentence.

"Me being free means that he should be free because that's what this is all about, right?" Lima-Marin said.

That's the main point of Clifton's lawsuit under the Equal Protection Clause as written in the Fourteenth Amendment of the U.S. Constitution.

"The fundamental guarantee of the equal protection clause is that people in the same situation have to be treated equally," Frank said.

A big issue is Clifton's record in prison of behavior violations for infractions ranging from possessing contraband to stabbing another inmate. Frank believes this is all irrelevant to the matter of the Equal Protection Clause. Even so, Frank says Clifton's behavior was caused by how the Department of Corrections treated him differently than Lima-Marin.

"Once the error was made and Mr. Lima-Marin was told you're going to have a 16-year sentence and you're parole-eligible after eight years and Mr. Clifton was told you have a 98-year sentence and you are never getting out basically, that affects how someone looks at the world," Frank said.

Lima-Marin he felt like he had something to look forward to which kept his behavior in check.

"We were in completely different circumstances," Lima-Marin said.

Friday's hearing was just the beginning of a series of hearings before the judge makes a decision on the case. The next step is for both sides to present testimony to establish facts with regards to Clifton's behavior and disciplinary record in prison. That hearing will take place on August 28 at 8:30 am in the Arapahoe County Courthouse.

Derrick Clifton says for the first time in a long time, his family has hope.

"I absolutely believe in my heart that he is a different person and if anything 20 years for what he did. He's definitely earned a right for a chance to be free," Clifton said. "Just give him a chance. That's all we really want."

The Attorney General's Office is representing Raemisch during the proceedings and did not want to offer any comments at this time.

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