Violence of crimes makes pardon inappropriate, Locke saysContinued from page 1the merits of the case and the judicial procedures followed, I have concluded that justice is being served. The violence of the crimes and the overall record make clear that a pardon is not appropriate in this case.”Malik will be eligible for parole in 2011. His original death sen-Court ruled in 1972 that capital punishment as then applied w'asunconstitutional.Malik and Leodis Smith, both then 19, were arrested and charged with crimes that began Dec. 4, 1965, when Edwin Hutton, 54. gave two young men a ride and was shot and robbed of $30. Hutton died the next day.The next crime occurred May 20. 1966. Earl Ohlinger, 65, wastence was changed to life impris- beaten and robbed as he enteredtwo young men beat and robbed Dennis Hagen, 36, and his 10-year-old son, Phillip, in their home.On May 25, two young men broke into the apartment of Reva Krimsky. 63. and her husband. Simon, 84. The woman was strangled with a necktie and her husband was beaten.Malik first confessed to police that he was with Smith when they robbed and beat Hagen and his son a confession he recanted at thein the other crimes, including the murders.“I did not take anyone’s life. I will never take anyone’s life,” he said.Both men were convicted and sentenced to death by hanging.Malik’s lawyers had argued that Smith signed a sworn statement in 1977 that Malik was not his partner in the two murders and the rob bery and assault of Ohlinger. But prosecutors said police were unable to confirm the existence of theonment when the U.S. Supreme his apartment building. On May 22, trial. But he denied being involved person Smith fingered.