ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Monday, April 15, 1996 TAG: 9604150072
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
MEMO: ***CORRECTION***
Published correction ran on April 17, 1996.
Morgan Scott's title, clerk of U.S. District Court in Raonoke, was
incorrect in a story Monday.
FORMER COLLEAGUES use such words as ``easygoing'' and ``decent'' when referring to the man replacing John Metzger, who retired amid allegations of abuse of power.
There is an iguana in Roanoke named after the new state Parole Board chairman, E. Montgomery ``Monty'' Tucker.
The iguana lives in the home of Roanoke Clerk of Court Morgan Scott. It was a gift from Tucker to Scott's 12-year-old son.
``Something about the way that iguana looks'' reminded his son of Tucker, Scott said. ``It's a friendly iguana. Plus, it's a vegetarian.''
Tucker, the appointee of a Republican administration notorious for baring its teeth and hissing, is kind of a friendly guy himself. Associates describe him as a ``company man,'' but with a heart.
A sort of political vegetarian.
``I count as many friends on the Democratic side as on the Republican side,'' he said. ``I'm convinced that most things can be accomplished in a civil manner. You can have opposing views, but I feel like they can be resolved in a dignified fashion.''
In that sense, Tucker is a far cry from his predecessor, John Metzger. A former state GOP political director, Metzger was a get-tough ideologue famous for following his own path. Under his stewardship, Virginia's rate of granting paroles dropped by more than half and became the lowest in the country.
Metzger resigned from the board in November amid allegations that he backdated parole-revocation warrants, denied parole without consulting the board, and made sexually and racially offensive remarks to board members.
Metzger left the remaining four members of Gov. George Allen's handpicked Parole Board battle-weary and fragmented. Tension persisted under Metzger's temporary successor, Criminal Justice Services Director Bruce Morris. One board member, Sandra Combs, resigned in March.
New boss with a new outlook
The situation has improved.
``It's a much better working atmosphere now,'' said board member Joseph F. Lewis.
``Not just because Metzger left, but because, hopefully, there has been some growth between and among all of us. The situation we went through, hopefully, made us a stronger group and gave us a better understanding of how to work with each other and each others' different points of view.''
Under Metzger, the parole grant rate hovered near 16 percent. Although it isn't expected to change much under Tucker, who spent 20 years as a federal prosecutor, life on the board will probably be more sedate.
``You won't have a lot of scandal there once he really takes control,'' predicted Doug Pardue, an investigative reporter who knew Tucker during his 20-year stint in the U.S. attorney's office in Roanoke.
According to Pardue, Tucker is ``probably one of the true, pure bureaucrats. I don't mean that in a bad way. I mean he'll do what bureaucrats are supposed to do: run things the way they're supposed to be run.''
Blue-eyed and red-suspendered, with thinning gray hair, the 57-year-old Tucker plays classical music in his office and talks about ``balance'' and ``judiciousness.'' He said it doesn't bother him in the least to be compared to an iguana or have one as his namesake. He has heard worse.
``As a former prosecutor, I can expect to be compared to just about anything.''
Although the General Assembly abolished parole for all prisoners convicted of crimes committed after Jan. 1, 1995, most of the state's inmates remain eligible for early release. According to the Department of Corrections, 22,111 of Virginia's 25,236 prisoners have parole eligibility dates.
Parole Board members spend their time meeting with the families of inmates and crime victims and reviewing the reports and recommendations of parole examiners who interview eligible prisoners. The chairman doesn't vote, except to break a tie. In such cases, Tucker will be a hard sell.
``Generally speaking, in the great majority of cases, the sentence that the court or jury has imposed is the sentence that should be served. ... If I err, I'm going to probably err on the side of public safety. I can't emphasize that enough,'' he said.
`Decent' and `reasonable'
Still, he is not a hard-nosed ideologue. Former colleagues and associates use such words as ``easygoing,'' ``reasonable'' and ``decent'' to describe him. Despite 20 years spent prosecuting cases in the U.S. attorney's office for the Western District of Virginia, he has made no apparent enemies. Even lawyers who opposed him have nothing but praise for his skill, integrity and sense of fair play.
``A lot of these guys [federal prosecutors] kind of assume the role of prosecutor and judge,'' said Arthur Strickland, a Roanoke lawyer who represented Enten Eller, the defendant in one of Tucker's most highly publicized cases.
``It's not uncommon to find bullies throwing their weight around and overcharging people just to basically beat them down. But Monty never struck me as being a very dogmatic, ideologically driven prosecutor. He was always evenhanded and fair.
``I think that commends him to the Parole Board. I would rather have a person like Monty Tucker on the Parole Board than someone who wants to put more people to death and wants life without parole for all marijuana dealers. You know the type. They might be politically attractive, but I don't think that serves the function of the Parole Board. If you're going to have parole, you need someone who's tough but fair. And Monty will be that.''
Tucker, whose parents came from Southside tobacco-farming families, grew up in Richmond, Amelia County and Warwick (now Newport News). The first member of his family to attend college, he saved money for law school by working as a prep school teacher in Birmingham, Ala., and an office supply salesman in Norfolk.
In 1967, at 28, he went to Washington and Lee University Law School. After graduation, he joined the Richmond law firm of Hunton and Williams and handled civil litigation for three years. Then he joined the U.S. attorney's office in Roanoke.
Putting away the bad guys
As an assistant U.S. attorney, ``I did anything that came through the door,'' Tucker said. ``Fraud, bank fraud, firearm violations, mail fraud rings. What we were seeing in Roanoke in those days was pretty typical of other rural areas.''
The prosecution in 1977 of Joseph Whitehead, then commonwealth's attorney of Pittsylvania County, was one of the more notorious cases in which Tucker was involved. Whitehead was convicted and sentenced to 10 years in prison for accepting money and sexual favors in exchange for protecting a truck-stop prostitution ring.
Another widely publicized case, which Tucker himself tried, was the 1981 prosecution of Eller, a 20-year-old college student who refused to register for the draft because of his pacifist religious beliefs. Eller was convicted, ordered to register and sentenced to community service.
``The prosecution's position was, `We are charged by the law to do this,''' Tucker recalled.
Over the years, Tucker said, he became less involved in prosecuting and more involved in office administration. In 1986, he hired a new prosecutor, Jerry Kilgore, and supervised him for six years. Kilgore, who has since become state director of public safety, is now Tucker's boss.
``I learned a lot from Monty, and a lot of my style came from his management style,'' Kilgore said.
``He was a great person to work for, and he was willing to get in and do every part of the job. On occasion, he would come up and work the reception desk and answer the phones. He knew every aspect of the office.''
In 1990, after 17 years as an assistant U.S. attorney, Tucker became head of the Roanoke office. But his time at the top was short-lived. On March 23, 1993, two months after Bill Clinton was sworn in as president, Attorney General Janet Reno asked for the resignations of every U.S. attorney in the country.
``I have no ax to grind with anyone about that,'' he said cheerfully. ``Comes with the territory.''
When Kilgore tapped him to take over the Parole Board after Metzger resigned, Tucker jumped at the chance.
``I feel real comfortable in this position, because of my experience over the years,'' he said. ``Not just as a prosecutor, but as a member of the criminal justice system. ... I think I've got a balanced view of what an inmate faces when he or she is incarcerated.''
LENGTH: Long : 156 lines ILLUSTRATION: PHOTO: LAWRENCE JACKSON/Landmark News Service. Monty Tucker, aby CNBformer prosecutor with the U.S. attorney's office, is the new
chairman of the state Parole Board. color.
LAURA LAFAY STAFF WRITER KEYWORDS: PROFILE