Being Soft on Crime

People don't want to help me get out of prison because they don't want to be seen as being "soft on crime."

I read an article in Augusts' 'Prison Legal News,' which read, "Why Are Commutations Used So Infrequently?"

Prison Legal News Article, Aug. 2023

"Several factors contribute to the current lack of commutations. FIRST, politicians fear being seen as soft on crime."

"There is an undersized appreciation for the benefits of prison releases... commutation does not trigger immediate release but simply reduces a sentence or makes someone parole-eligible.

Second, politicians and the public frequently misunderstand clemency's place in American history. Individuals on both sides of the political aisle have expressed hesitancy in revisiting sentences. But the concept of revising judgments and forgiving sentences is a longstanding American tradition, enshrined in the Constitution and core to the country's and states' founding. It's a foundational, basic legal principle."

They go on by saying "reforms should be adopted'" and then name nine reasons why and how. A few of them are:

#2. State governors should use their power to grant commutations to swiftly provide relief and aid decarceration efforts.

#4. Categorical commutations can be used to adjust sentences or release people who; (a) were sentenced under laws that have been reclassified, or (b) share certain personal characteristics (i.e., current age or age at time of conviction) or experiences (i.e., survivors of abuse).

#8. Equally consider all people who qualify for relief, regardless of their crime (violent crime should be equally considered). No one should be denied based on their crime.

(Article originally published by Prison Policy Initiative. Original report at prisonpolicy.org)

So I'm not surprised about someone in power not wanting to back someone they don't know with a violent crime. But if you read the few categories mentioned, I fit ALL of the criteria and would be a perfect candidate for an early release.

Though most politicians are hesitant to help us, I know there are a few in the house, who are more likely to do so. Senators Jeff Irwin and Stephanie Chang (who currently holds the chair in the senate) are huge advocates of ours. They are the creators of bills like 'The Second Look Act,' and also support Good Time bills that are up for vote. They support sentencing reform and early releases for people locked up serving long indeterminate sentences. It's obvious that they're aren't afraid of the political blowback they might receive by advocating for people to get an early release.

These are two people I could reach out to for support. I'm going to write them a letter explaining my position with them.

The article above also states that, "In many states, the offices involved in the original prosecution of a person's case are involved in clemency determinations." They advise you to speak with the judge and/or prosecutor of the case to assume their position, before filing the commutation. Luckily, their position on the application is not the deciding factor. There have been many cases where prosecutors and judges oppose the release of the applicant, but the offender was still granted a commutation (and vice-versa; they have supported applicants who were later denied by the governors office and parole board).

After learning this, I'm considering writing my Judge who is now retired; Judge Deegan. I don't see the prosecutor in my case (who is now a judge) wanting to help me, but it's alright cause between the judge and prosecutor, the sentencing judge's opinion matters most. Even though Judge Deegan is retired, he can still have a say in a sentence reduction or commutation. I remember Deegan having a little more humanity than most judges.

With this in mind, I'm wondering if either of these is an option:

I'll write something up for Judge Deegan, and have someone important personally deliver the letter and discuss my application with him, sharing with him everything I've accomplished since being locked up, proving I've changed? Would this be appropriate since the judge is now retired?

At the very least, we could find out where he stands on the decision. Speaking to him IN PERSON would be the most effective way. You'll have his attention, and make sure he's listening and looks through the application.

With that said, I'm trying to find people who want to help advocate for my release.

(Note: I cannot discuss my whole story, as the prosecutor likes twisting words to use them against you. My lawyer advised me to not share everything since it could harm my appeal that we're about to file in the courts)

I'm going to see if I can have a cover letter written up by my close friend Ken Smith, of 8 years, who the MDOC respects. Ken and his late wife Sue Smith have the largest Prison Ministry in Michigan. They are the only ministry entrusted to bring children inside of the prison to spend the day with their incarcerated mother or father in the gym (it's called 'One Day With God'), doing multiple activities together. Ken wrote me a support letter already for my release, saying he will be my mentor when I get out. That, for me, will be a huge help for my success in the world.