No one in the courtroom Friday disputed that Micheal Purcell committed a horrible murder more than 20 years ago.
But he's served his time, has tried to redeem himself and should be given a chance to pursue his dream of becoming a social worker, an attorney with the ACLU of Alaska Foundation argued before Superior Court Judge Sharon Gleason.
On the other side was the University of Alaska Anchorage. Its lawyers argued that faculty members were following policy when they denied Purcell admission to the social work degree program in 2004 because of the murder in his past.
An academic review panel and the dean of the College of Health and Social Welfare upheld the decision.
Purcell is appealing the ruling and is asking that the School of Social Work be allowed to reconsider, taking reformation into account.
The legal issue being argued is whether Purcell is covered by the obligation to rehabilitate criminals, as mentioned in the Alaska Constitution. The ACLU says he is; the university disagrees. If he wins, both sides agree, the traditional notion limiting that right to prisoners would be expanded.
On July 3, 1984, when he was 16, Purcell shot and killed an Anchorage convenience store clerk during an armed robbery. His back story was sadly familiar: Abandoned by his father before he was born. Years in foster care. Abused as a child. He says none of that excuses what he did. But it gives him a unique perspective and interest in the field of social work, his attorney told the judge.
He pleaded guilty to murder and robbery, was sentenced to 30 years and was released after serving nearly 20 of that, counting time in a halfway house. He remains on parole.
Purcell, now 38, has led a relatively normal life since he got out of prison. He has taken all the social work courses he can at UAA without formally entering the degree program. He earned good grades. He served a term as president of the Social Work Club. He has worked as a cook, tow-truck driver, pizza deliveryman.
He has married and divorced. The relationship with his ex took an ugly turn last summer, when she accused him of domestic violence. He spent 11 days in jail. Prosecutors dismissed the case.
Purcell is a good candidate for UAA's social work program, ACLU attorney Jason Brandeis told the judge. UAA, as a state institution, is obligated to consider whether he has reformed, the lawyer said. Purcell simply wants the faculty to consider his application anew, this time, with careful thought to that element.
"If there is anyone out there with a murder conviction on his record who deserves to be admitted to the social work program, it's Micheal Purcell. And if he can't get in, then no one will ever get in," Brandeis told the judge.
"Your honor, the right to rehabilitation is effectively meaningless if it doesn't apply to situations like this," he said. Felons won't have incentive to get their lives on track "if they know they are only going to be judged on the past nature of their crimes."
The university responded that Purcell got fair treatment. And he's been told he can pursue other fields of study, including sociology.
Under the School of Social Work policy, faculty members have the discretion to bar an applicant from the degree program if they believe the crime makes the person unfit for social work. They are supposed to consider the number of convictions, when they occurred and how they relate to social work.
Faculty members discussed those elements, but the horrific nature of the crime was an overwhelming factor, said attorney Mark Ashburn, representing UAA.
"It is not something which should simply be overlooked," he said. "It is not something which simply goes away because a person has apparently rehabilitated himself."
At any rate, the constitutional right to rehabilitation has always applied only to prisoners, Asburn said. "It does not get transformed into something very much broader," requiring every state agency to consider whether an ex-con has reformed, he said.
Purcell can apply to the school again, and the faculty will give a fresh assessment, taking into account how long he's been out of prison and how he is doing, Ashburn said.
But without a court order requiring the school to consider his reformation, Purcell believes he will just be turned down again because the school director told him "it was highly unlikely" he would get in, Brandeis said.
Judge Gleason asked Brandeis how far the rehabilitation consideration should go -- should it extend to people applying for child care or foster care licenses, for instances?
Yes, he responded.
Gleason said she would rule at a later time.
