New York Daily News
December 24, 2003

 

Pardon cleans up Lenny Bruce's act
By JOE MAHONEY
DAILY NEWS ALBANY BUREAU CHIEF

ALBANY - Lenny Bruce, whose foulmouthed standup routines shocked the comedy world half a century ago, was posthumously pardoned yesterday for his 1964 obscenity conviction.

Gov. Pataki issued the first posthumous pardon in state history in response to a campaign by Bruce's ex-wife and daughter, a group of free-speech advocates and entertainers including Robin Williams, the Smothers Brothers and Phyllis Diller.

"Right now he is smiling from comic heaven," said Bruce's daughter, Kitty Bruce, 48. "He just wanted to do his act and be left alone. This case drained away whatever life he had. That's why he fought this. I know he'd be thrilled today."

The pioneer comedian, who coined the term "T&A," was busted in March 1964 on a charge of "giving an obscene performance" at Cafe Au Go Go in Greenwich Village. The profane routine was recorded by vice cops.

Bruce fought the rap, but the judge ignored his plea: "Please don't lock up these words." After a lengthy trial, the comedian was sentenced to four months at Rikers Island.

He kept himself out of jail but bungled the deadline on his appeal paperwork. The conviction was still on the books when he died of a morphine overdose at age 40 in August 1966.

Legal observers had believed his conviction would be overturned, just as the obscenity conviction of club owner Howard Solomon had been tossed.

"What made this decision especially heartening is that it was done for the principle of the thing," said Robert Corn-Revere, the Washington lawyer who prepared the pardon application. "The principle is that people can't be turned into criminals for using words."

Pataki called the pardon "a declaration of New York's commitment to upholding the First Amendment" and said last night that he probably wouldn't be a fan of Bruce's brand of ribald humor.

"I'm not a great fan of profanity as satire, but it is protected speech, and we certainly cherish all our freedoms," he said.

Ronald Collins, a co-author of the biography "The Trials of Lenny Bruce," said the comedian was rocked hard by the New York prosecution.

"He always practiced the First Amendment, but I think until he was busted, he didn't really realize how incredibly important it is," Collins said.

Bruce's complicated life has been the subject of numerous articles, books and documentaries. In 1974, Bob Fosse's devastating film biography, "Lenny," brought Dustin Hoffman an Academy Award nomination. In 1999, HBO aired "Lenny Bruce: Swear to Tell the Truth," a documentary narrated by Robert De Niro and nominated for an Oscar for feature documentary.

In another act of holiday season mercy, Pataki commuted the sentence of Emmanuel Nkemakolam, 47, formerly of Queens, who was serving 15 years to life for a 1992 cocaine possession conviction.

Nkemakolam, described by Pataki as a model inmate who has "worked hard to earn a second chance," had been eligible for release in December 2006.


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