Governor's Last-Minute Pardon Sparks Outrage in Fatal Hit-and-Run Case
In a move that has ignited fierce controversy, former New Jersey Governor Phil Murphy issued a pre-emptive pardon to Harris Jacobs, the son of his close lawyer friend, mere hours before a jury delivered a guilty verdict for a fatal hit-and-run incident. The pardon, granted as part of a broader clemency action on Murphy's final day in office, has effectively nullified the conviction, leaving the victim's family without legal recourse.
A Tragic Incident and a Flawed Response
The case centres on the death of 76-year-old Orlando Fraga, who was struck by a vehicle driven by Harris Jacobs in the early hours of September 4, 2022, in Atlantic City. Surveillance footage, as detailed by the Atlantic County Prosecutor's Office, captured a harrowing sequence: Jacobs exiting his car, approaching Fraga's body in the road, leaning over him twice, then fleeing the scene without alerting emergency services. Testimony revealed that instead of calling the police, Jacobs phoned his father, prominent attorney Joe Jacobs, ten times.
Fraga was pronounced dead at the location. Jacobs was arrested approximately seven hours later and charged with second-degree knowingly leaving the scene of a fatal motor vehicle accident. After being initially jailed and later released pending trial, his first proceeding ended in a mistrial in May due to a deadlocked jury.
The Pardon and Its Legal Aftermath
On the day of the retrial's verdict, Governor Murphy included Harris Jacobs as the 45th pardon in a list of 97 granted statewide. According to Jacobs's attorney, Lou Barbone, the state attorney informed them of the pardon at 7:30 a.m., with official issuance at 8:30 a.m.—before the jury announced its guilty verdict at 10 a.m. The conviction would have carried a prison sentence of five to ten years.
Barbone contends that his client did everything possible to assist Fraga, describing the accident as an unavoidable tragedy where the pedestrian walked into a construction zone lane. He stated that Jacobs checked the victim's pulse, ensured a bystander was calling 911, and, upon realising Fraga had died, suffered an emotional trigger that led to his departure. The legal team is now working to vacate the conviction based on the pardon's timing.
Victim's Legacy and Broader Implications
Orlando Fraga, known affectionately as Big Cuba, was a Cuban immigrant who moved to the United States in 1980 seeking a better life. He had resided in Atlantic City for 37 years, enjoying fishing and sports, and is survived by a son, grandchildren, siblings, and many loved ones. His funeral was held on September 16, 2022.
Murphy's action has drawn comparisons to other high-profile pre-emptive pardons, such as those by former President Joe Biden, raising questions about the use of executive clemency in politically sensitive cases. The decision underscores ongoing debates about justice, privilege, and the appropriate boundaries of gubernatorial power in the judicial process.
