Don't Give Up the Fight

This week I did something in a legal pleading I never considered doing before. In my Petition to the Virginia Supreme Court challenging my sentence on Sixth Amendment grounds, I deviated from mere arguments on the application of the law. In my conclusion I quoted from both Bob Dylan and Bob Marley and urged the Judges on the court to address the unjust results that are so prevalent in multitudes of cases involving the incarcerated.



I normally shy away from political statements in the legal documents I draft. Perhaps it was because of my legal training or it may have been reading “jailhouse lawyer” documents that were heavy on flowery language about freedom but lacked basic knowledge of statutes and case holdings. In either case, I urge guys to focus on what the law says rather than go on some self-serving “it’s all about me” tirade that focuses on using big words without making a point.


I changed my rule with my own pleading. I did so after two guys spoke to me about my incarceration. The first guy is one of my GED students. He’s 22 and an extremely bright kid. His last grade completed: 8th. He was in and out of alternative school and juvenile detention. Yet, placement testing indicates he reads at a college level. He always has a book with him, philosophy mostly. This week we were discussing Immanuel Kant.


He told me “you’re the smartest guy I’ve ever met”. I told him, if I was so smart, I wouldn’t have done what I did and risk my family and my freedom!


But then he said this: “You’re smart enough to tell these people prison isn’t the answer.”


The second man who spoke to me was one of the law librarians. “Ty” has been locked up since the mid-eighties for a series of store robberies to support a drug habit. In his early sixties now, he is ineligible for parole because of his multiple offenses. He has six more years before he’s released. Ty is one of the men I hold in deep regard. He is a kind, wise gentleman who has seen and overcome a great deal of brutality in the prison system. I trust his opinion and value his friendship.


He was watching me craft my arguments for the court when he told me that “so many of the men in here fighting their own cases take their cues from you. They hear you talk about changing the system, speaking out, not losing hope. They’re starting to believe things will get better”.


There is a Bob Marley song called “Get Up Stand Up”. Over and over, with the reggae beat moving on, Marley sings “don’t give up the fight.” I listened intently to that song the other evening as I put the finishing touches on my brief.


Supreme Court Justice Steven Breyer in a television interview with Fox News said the following:


“Judges are not politicians. You can’t hold your finger up to the direction of the political wind to judge with justice.”


I have made that point to the Virginia Supreme Court. Whatever politicians may say, the simple fact is the current level of incarceration and the length of sentences handed down is neither just nor moral.


In all likelihood, the court will reject my Petition. That’s alright. I will fight on; next step will be the United States District Court. Too much hinges on my situation: my own personal freedom and the hopes of a great many men in here that the system isn’t completed corrupt.


In an article recently in Sport Illustrated, Saints quarterback Drew Brees was profiled as “Sports Person of the Year”. He and his wife have worked tirelessly for New Orleans recovery from Hurricane Katrina.


His road to success wasn’t easy. He faced numerous obstacles and disappointments. He was counted out many times. But, he never gave up. He always had faith.


At the end of the day, faith is a good enough reason to keep fighting for what’s right.