(NECN: Brad Puffer) - In a letter from Shon McHugh, he makes clear Joe Donovan did not know he carried a knife in 1992 when he robbed, stabbed and killed Yngve Raustein, an MIT student from Norway. Joe threw a punch, but has always maintained he never intended to murder anyone. While McHugh was tried as a juvenile and released after 11 years, Donovan was sentenced to life in prison with no chance of parole.
McHugh writes, "Joey should have never been sent to prison for things he did not do or know about. To say he knew what I was going to do is insane, how could he know what I was going to do when I didn't know?"
It's a letter that could impact the decision of the Massachusetts Advisory Board of Pardons - the same people who make up the Massachusetts Parole Board. They could decide to grant Donovan a hearing any day now.
Our documentary "Unequal Justice?" raised questions about the fairness of Donovan's sentence, and now the fairness of the verdict itself. But even with so many questions being raised, it will be unusual for Joe Donovan to even receive a hearing. In the past three years there have been more than 100 petitions for commutation. Only one hearing has been granted. A request the Board denied.
Donald Giancioppo: "The standard for executive clemency is a high standard. It's an extraordinary remedy and the last couple years, two and half years, the board has not seen a case to recommend favorably."
But even if Joe's bid for commutation fails, the new evidence uncovered by our documentary could still give Donovan another chance at freedom.
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"Joe Donovan could possibly get himself in a position where a new trial is allowed and he could plead guilty to a lesser charge and be set free."
Bob George defended Shon McHugh at trial 18 years ago. He says if Joe Donovan never knew Shon McHugh had a knife, then by law, he should never have been convicted of felony murder and sentenced to life without parole.
"It is a story that shows the felony murder rule and the joint venture doctrine of law is something that victimizes many people in our prison system and Joe Donovan is the poster boy for that."
In response to the letter from McHugh, a spokesperson for Donovan's family released a statement saying quote. "The Donovan family is relieved that Shon McHugh has finally admitted Joe Donovan had no knowledge of McHugh's knife. While grateful for McHugh's admission, the Donovan family remains focused on a possible review of Joe's sentence by the Advisory Board of Pardons.":
So now Joe Donovan waits as the board examines his case, to decide whether he deserves to even be heard and beyond that whether he deserves commutation. That hasn't happened in Massachusetts since 1997. It will not be an easy task.
