Phoenix man seeking clemency from Biden over murder he said he didn’t commit

PHOENIX — A Phoenix man serving a life sentence without the possibility of parole is hoping to be granted clemency by President Joe Biden.

Joseph Fuentes, 49, has spent more than half of his life behind bars for a murder he says he didn’t commit.

Fuentes was incarcerated at the age of 23 for a marijuana distribution conviction. He was a father living in Phoenix at the time. He joined the Education Department at Federal Correctional Institution Phoenix, earned his GED and began to tutor other inmates.

“It was actually kind of a relief when I was arrested,” Fuentes said. “I could get that out of my system and move forward and I figured I’d use the time as best that I could.”

Phoenix man said he didn’t commit murder

He was preparing to be released in 2006, but a year-and-a-half into his stay, another inmate was stabbed to death in the prison yard. Fuentes says he didn’t see the stabbing and wasn’t even in the yard that day.

Despite this, he and seven others were indicted for first-degree murder aiding and abetting and conspiracy to commit murder.

Fuentes says he was confident his innocence would be proven. Four of the defendants took plea deals and got lesser sentences. Fuentes was put on a joint trial with three others and was the only one found guilty of both charges. He was sentenced to two concurrent life sentences without the possibility of parole.

Hope Delap, Strategic Litigation Counsel at the Arizona Justice Project, said the man who admitted to ordering the hit before trial took a 15-year plea deal and is out of prison. She added that the man found guilty of committing the actual stabbing is also out of prison.

“[Joseph] has the longest sentence and is the only one who remains in prison,” Delap said.

By the time the Arizona Justice Project (AJP) picked up the case, Fuentes had already lost his appeal and his only chance at post-conviction relief.

Delap said their team of attorneys at AJP uncovered evidence connecting a sexual assault victim as the niece of one of the co-defendants who arranged the hit.

“Here we have strong evidence that should have been investigated and exposed before trial by either the government or by Joseph’s attorney,” Delap said.

She said the evidence has never been fully considered by the court and there is no avenue to present new evidence.

“Clemency remains Joseph’s last hope for a life outside of prison,” Delap said.

Fuentes says he was in disbelief after receiving a life sentence.

“I figured, well, eventually it will work itself out,” Fuentes said. “Twenty-five years later I’m still here and it hasn’t worked itself out yet.”

What would Phoenix man do if released from prison?

Fuentes said he’s ready to reenter the workforce if he’s ever released. He’s learned metal fabrication while in prison and has worked on several military contracts.

“I’ve done the best I can in here,” Fuentes said. “I’ve completed just about evert program possible, worked in UNICOR for almost 20 years.”

Most of all, Fuentes said he’d like the opportunity to be reunited with his family and a chance to be a grandfather to his grandson.

Delap said Biden’s latest round of clemencies and pardons demonstrates that his administration is focused on justice and healing.

“We are hopeful Joseph will be included in the next wave of clemency grants,” Delap said.