My Brother's Keeper

This week, President Obama announced a new public-private initiative, “My Brother’s Keeper.” With $200 million in privately raised “seed money,” the initiative looks to stop the cycle of unemployment, incarceration, and hopelessness that pervades the lives of young black and Hispanic men. It is an effort long overdue.

            Life experiences alter your perspective. Such simple words containing so much truth. I held very definite opinions about a whole lot of issues. And the beauty of my opinions was I knew they were right because in my little world they were true. Then came August of ’08, and arrest, followed by imprisonment and divorce and I realized I knew very little about the real world.

            For a lot of people the world is a cruel, difficult unfair place. It is tough to be a young black or Hispanic man in America. There is a correlation between your race, your gender, and your likelihood to be incarcerated. And before anyone says that black and Hispanic men commit crimes in greater numbers, disabuse your mind of that. The fact is whites and blacks break the law in the same percentages; whites usually get the breaks at sentencing because economic status determines the quality of your legal defense and length of sentence (the converse is true with white collar crimes; prosecutors “throw the book” at lawbreakers like me to prove “all are equal before the law.”) A black teenage boy is four times as likely to go to prison as a white teenage boy, even when arrested for similar charges (welcome to drug-disparity sentencing).

            That many men of color behind bars breaks down communities. The out-of-wedlock birth rate in many poor black communities is approaching 80%, that’s four out of five children not growing up in a two-parent home. And that matters because two-parent homes provide a level of emotional and economic stability not seen in most poor minority families.

            It becomes a vicious cycle. Poor single parent families in neighborhoods lacking job opportunities and good schools become breeding grounds for gangs, and drugs, and murder, and hopelessness. There’s a reason I move so easily among the young black guys in school – I’m the first adult male most of them have met who has an education, lived “the good life,” traveled, owned a home; and the fact that I listen to them, and answer their questions, and try – even when they screw up – to give a damn about them; well it matters. And the irony isn’t lost on me that I play that role while incarcerated, that in my old “perfect” world I’m now considered the screw up, the bad dad, yet those guys always tell me, “I wish my dad had been around and talked to me the way you do.”

            Every time a young black or Hispanic kid gets locked up it is like a pebble thrown in a pond. The ripples reach outward. Every bad school that fails in its duty to teach its young students basic skills so that those students can go and seek the American dream creates still more ripples. Every day that a young child doesn’t have hope in the future, doesn’t believe he matters, doesn’t believe that his or her family, or neighborhood, or country gives a damn about them, there are still more ripples. Those ripples become waves, and those waves a tsunami; and that tsunami will flood us all.

            Something has to break the cycle. Income disparity, racial injustice, educational inefficiency, they are leading to the loss of not just one generation but many generations of young black and Hispanic men. The cost – in dollars and lives – is staggering.

            “Am I my brother’s keeper?” Everyone knows the answer. President Obama’s initiative is long overdue. America can’t afford the cost of prisons, anger and hopelessness.

Forces of Evolution

On July 3^rd, 1863, after two days of horrendous fighting in the small Pennsylvania town of Gettysburg, the Army of Northern Virginia began to form up behind a tree covered tract. Directly in front of it, on a gradual hill almost two miles away, lay the Army of the Potomac. Confederate General Robert E. Lee surveyed the battlefield. For two days, his rebel army had fought, bled, and died in an attempt to defeat the Union army, march on Washington and gain peace and independence for the Confederacy.

            Lee ordered General George Pickett to lead a grand charge across the open hillside and attack the dug in Union army at its center. A clump of trees sat at the Northern army line’s mile-wide center. “Aim for the copse of trees,” Pickett urged his officers as the 15,000 strong division began the long march forward.

            The troops marched as cannon fire and small bore canister shells tore gaping holes in their ranks. The men reformed and pressed forward moving in an orderly, disciplined march into a furious wall of fire. Barely half strength, they reached the front of the Union line. During furious hand to hand fighting a small number of rebel troops managed to breach the Union defenses and pour through at the copse of trees. For a few dramatic moments the battle hung in the balance with those few Confederate soldiers on the cusp of victory. But, a rapid Union counter-attack overwhelmed the rebel soldiers. In less than six hours the haggard Army of Northern Virginia retreated from the battlefield. They were badly beaten and would never again threaten an invasion of the north. Within two years, the Confederate States of America would cease to exist as an independent body. They foolishly marched into a withering fire and were slaughtered. For a few brief moments at the copse of trees they could sense victory. It was their high water mark. It would never return.

            I thought about that army as I watched the Presidential election returns with ninety other inmates, almost every one of whom had their TV turned on as the news broadcast the results. The vast majority of men in this place saw the re-election of President Obama as a wondrous event. They cannot separate race and economic status from a campaign. Obama, they believe, is just like them. They don’t understand that the President abhors gangs and crime, and that he is part of the “one percent.”

            For me, as I watched more states go “blue” I couldn’t help but think I was witnessing the high water mark of the GOP. Never again, I fear, will they muster sufficient national strength to win. It is ironic that so many in the current Republican Party reject evolution, because evolution explains their predicament. They either evolve or die off. I believe they will choose the latter.

            I spend a great deal of time each day explaining history, philosophy, politics, and economics to my fellow convicted felons. For many in here, I’m the most educated man they’ve ever met. And, as the election approached I found myself explaining the Republican’s positions on virtually every subject. Most of the time, however, I found myself serving as an apologist for the party of Lincoln, a party that has lost its identity and its way.

            Some reading this may wonder what an inmate, a convicted felon, is doing advising anyone. Good question. Perhaps, more than most, I know what it means to lose one’s way. Perhaps, more than most, I know you can change. But staying inert means ruin.

            Republicans lost both the popular vote and the Electoral College vote even as they took more than 59% of the white vote with sizeable majorities in those ages 35 to 64 and over 65. If the United States was all married, white, church-going families with children, Mitt Romney would be president. The problem the Republicans have is that’s not America in 2013.

            Thirteen percent of all voters were Black. Romney got 7% of those. Eleven percent of all voters were Hispanic (more in some of the crucial swing states). Romney lost that block 71% to 27%. Young voters (18 to 30) accounted for 19% of the votes tabulated. Romney lost them two to one. You will not win many elections where you start out conceding one of every three votes.

            Why doesn’t the party of Lincoln have more sway with minority voters? After all, both Black and Hispanic voters match white marital and church demographics so prized among the Republican establishment. Could it be because of the harsh rhetoric and outrageous social positions taken by Republicans smack of racism?

            I have learned a good deal during my incarceration. Here are a few basics. First, any rational parent, regardless of color, wants their children to have a better life than they do. Second, people come to America for opportunity. In spite of this nation’s faults, it is still looked at as the one place where dreams for a better life can come true. It’s what drove white Puritans here in the seventeenth century and what drives Mexicans, Columbians, Sudanese, Chinese, and people from a hundred other countries to come here.

            In many ways, I now accept that my time in prison has made me into a better man. I’ve become a born again Christian. I don’t say that lightly. I never believed in such a thing. Life, however, when it tears at your gut and you wonder, “Can I survive tonight?” brings you face to face with the Almighty. I was an ordained Deacon, Elder, and Sunday School teacher in my church. And from all appearances, I was a “good Christian.” But I wasn’t. It wasn’t until I sat alone in a cell and had nothing left that I turned to God. I evolved. Perhaps that’s the place the Republican Party now finds itself.

            A good deal will be written about this election. Fault will be assessed. “Romney was the wrong candidate” some will argue. Others will blame the Tea Party for their intolerance on issues such as gay rights, abortion, and birth control. But, like inmates coming to grips with their crimes and atoning for their wrong doing the Republicans must be open to change.

            Abraham Lincoln came to believe that the Civil War, the earth shattering bloodletting the nation underwent was divinely required to end the scourge of slavery. But Lincoln also saw the future. He knew those same battling people could eventually find “the better angels in ourselves.”

            You either evolve or you die. That is the crossroad the Grand Old Party stands before.

In Black and White

As opposed to most white Americans, I live in an integrated world.  Our “learning community” – the “Campus within Walls” is just over 50% white and just under 50% black.  Those percentages are an anomaly in prison where almost 70% of the inmates are African Americans.  One of the eye opening parts of my prison experience has been coming face to face with my preconceptions, my prejudices, about race. I’ve written about it before.  I live it every day.  I’ve learned quite a bit in four years.  First, that for the vast majority of whites, we haven’t a clue what it means to be black in America.  Second, that the vast majority of Black Americans don’t hate us should come as a pleasant surprise.  And third, that race continues to define and damage this country and will do so until we come to grips with it.

I write this as race again rears its ugly head with the news of the shooting of a 17 year-old black teenager by the name of Trayvon Martin (in Sanford, Florida).  His death was senseless.  That the shooter remains free should concern every parent.  When President Obama – a man I don’t often agree with – said “If I had a son he would look like Trayvon Martin”, he spoke from the heart.  Unfortunately, in America, race matters.  Whether “driving while black” or walking back from a convenient market with skittles and an ice tea “while black” it is tough, sometimes deadly to be black in America.

A few weeks ago during a visit, a relative leaned in and whispered to me “Obama hates white people”.  How do you know that?  I asked, realizing the President’s own mother is white.  “It was on the internet”, came the reply.

And it made me think of my own upbringing.  I grew up in an upper-middle income family in upstate New York who had zero black neighbors or friends.  My high school had one black student.  Our church, a 400 member Presbyterian congregation had one black couple.  I still remember cringing as a middle-schooler in the late ’60’s when my mom remarked once that Shirley “is a credit to her race.”  I wonder what that makes me, now a member of the tribe of felons?

My family moved to Raleigh in the 80’s when I was in law school.  They have no black neighbors, no black friends, no black church families.  They have never voted for a black candidate.  The only contact they have with Black America is when they go to the mall.  And if my mom sees young black men she instinctively clutches her purse and car keys. 

And I wonder, thinking about all that, why no young black man in prison has ever suggested to me “your family hates black people”.  White America, I am convinced, doesn’t understand what it means to be black in this country.

Here are some facts to ponder.  Roughly three out of four black children are born out of wedlock.  60% of all black males between 17 and 25 have a criminal record.  80% of black students don’t go beyond high school.  Four in ten don’t even graduate high school.  The dropout rate, the incarceration rate, the mortality rate, the poverty rate for black Americans is dramatically worse than for the white community. 

Those are just facts.  That doesn’t quantify the number of times blacks are stopped by the police for random pat downs, or the fact that while drug use is proportional in both the black and white communities, a young black caught with drugs will almost always end up in prison.  And the white?  Rehab and probation.

America is not a color-blind society, and it’s a shame, a national shame.  Trayvon Martins lies dead for one simple reason; he was a black teenager walking at night.  I hate saying that, but the truth sometimes isn’t pretty.

Prison is an amalgam of gang bangers, white supremacists, and the rest of us.  I thought when I was first locked up how wasteful and inane the entire gang culture was.  Then, I looked myself in the mirror.  Gangs are a reflection of the sick, pervasive race issues this nation still suffers from.  And it will get worse.  The N.O.I. – Nation of Islam, with their call for race separation and their revisionist history and illogical conclusions passing as “knowledge” grows by leaps and bounds each week behind these walls.  I hear the young black guys discussing their “elements of wisdom” and my heart breaks.  They are being fed falsehood upon falsehood.

Dr. King understood the dangers that lurked for America if we didn’t grasp our race problem.  We are not to judge “by the color of our skin”, but “by the content of our character”.  Those of us who believe in the Gospel of Jesus know well that “in Christ there is neither Greek nor Jew, male nor female, free nor slave”.

Trayvon Martin’s tragic death can be a chance for America to be something different, a nation not separated or defined by color.  Surely any parent can feel the pain his family must feel.  And that is as plain as black and white.

Rethinking Justice

As I sit here this week, one week from the college graduation for our first class of IT certification students, during the same week this nation celebrated a national holiday to honor an icon of the civil rights movement, I thought of Dr. King’s prescient words, “Law and order exist for the purpose of establishing justice and when they fail in this purpose they become dangerously structured dams that block the flow of social progress.”  Powerful words; words that should give every American, every Virginian pause, and decide “is it time we rethink our view of justice?”

Early last week former Mississippi Governor Haley Barbour was viciously berated in the media and by political opponents for issuing executive pardons to “murderers and rapists” on his last day in office.  The fact that the U.S. Constitution gives the president and the Mississippi Constitution (and Virginia’s as well) gives the governor the power to modify, amend, or commute any sentence, any conviction, was lost on the critics.  The fact that 189 of the 215 felons pardoned were already out of prison and living in their communities was also lost on the critics.

News pundits blathered on and on misstating facts to suit their ratings drive.

Barbour refused to be baited into the debate.  Instead, he released a statement.  In part, it said the following:

“I am very comfortable with the decisions I made…All this is consistent with the powers given the governor by our constitution…

 My wife and I are evangelical Christians.  Most Mississippians profess to be Christian of some type.  Christianity teaches us forgiveness and second chances.  I believe in second chances and I try hard to be forgiving.   The historic power of gubernatorial clemency is rooted in the Christian idea of giving second chances.  I’m not saying I’ll be perfect, that no one who received clemency will ever do anything wrong.  I’m not infallible, and no one else is.  But I’m very comfortable and totally at peace with these pardons.”

Haley Barbour, a conservative Republican Governor from the heart of the old South made such a simple yet profound case for justice, real justice.  Governor McDonnell would do well to heed the words of Dr. King and Mr. Barbour.  Unfortunately, Virginia’s Governor appears either incapable or unwilling to do what is right.

In a recent story in the Washington Post, Virginia DOC came under scrutiny for its use of solitary confinement.  The Post reported that 44 states and the Federal Bureau of Prisons use solitary confinement yet Virginia – holding almost 2,000 inmates of its 40,000 prisoner population in isolation – accounts for a “sizeable share of the estimated 25,000 people in solitary” around the nation (almost 10%).

And what was Governor McDonnell’s response when this issue was brought to his attention during a recent interview?  He said he was unaware of the complaints.

He then went further, stating “People behind bars have civil rights…”  That’s true, Governor McDonnell.  Yet the prison system you oversee daily violates the rights of those behind bars.  Justice is not an eye for an eye.  Justice does not mean giving the state the power to put an offender in a gladiatorial nightmare with rape, extortion, murder and mayhem circulating around.

As I have noted numerous times in this blog, Virginia’s prison system is a cataclysmic failure.  Justice demands something better. 

Justice it seems is coming to Georgia where its current Governor has proposed sweeping prison reform.

Governor Deal, another Republican, noted that Georgia now spends more than $1 billion a year on state prisons and has seen its inmate population double in the past 20 years (sound familiar, Virginia?).  The state, he argues simply cannot afford to keep the current sentencing regime.  “We’re at a point in time where the necessity for doing something has gotten so big that to turn our head and pretend the problem does not exist is not responsible government.”  I wonder if Governor McDonnell is listening.

In a commission study conducted on behalf of Governor Deal it was found that in Georgia, 60% of the prison admissions represented drug and property offenders; not murderers, rapists or armed robbers.  Simply put, public safety isn’t being enhanced by current sentencing.

The Georgia legislature will vote on changes to save money by using alternatives to prison for non-violent offenders.  Make non-violent offenders accountable but allow them to remain out of prison, taking care of their kids and paying their taxes.  Justice, it appears, is coming to Georgia.

All around the South – South and North Carolina, Kentucky, Texas, Mississippi and Georgia – conservatives, many who are evangelical Christians, are leading the push for a new justice paradigm.  And these politicians’ ranks are growing with GOP candidate Newt Gingrich and former Florida Governor Jeb Bush supporting massive prison overhaul.  And where is Governor McDonnell?  Where is Virginia in this debate?

President Obama recently made news with his last official act in 2011 – signing the National Defense Authorization Act.  This law contains a highly controversial, and suspect, clause which allows the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge.

Two retired four-star Marine generals joined GOP Candidate Ron Paul and numerous civil rights organizations to denounce the law, deeming it “misguided and unnecessary” and a threat to America’s constitutionally protected right to due process.  Justice.  The founding fathers included terms such as due process having survived a tyrannical regime who used arrest and detention to stifle dissent.  Protections against unreasonable searches, cruel and inhumane punishment, and the right to trial with counsel, all arose because these men lived, bled and died under the thumb of a corrupt, unjust government.

That some 225 years later this nation must still debate issues of basic, fundamental justice is indeed astounding.  “Injustice anywhere is a threat to justice everywhere.”  Dr. King knew well.  The time for rethinking justice is upon us.  Justice – mercy, forgiveness – must flow.

Bob Dylan was right.  The times, they are a changin.  Virginia and Governor McDonnell can lead like Governors Barbour and Deal and states like Georgia and Mississippi.  Justice is not mere enforcement of harsh laws.

Three Men I Know

There are three men I know and each, I learned this week, are facing a significant crisis.  How they deal with their particular crisis, how they proceed forward, will say much about them.  As I watch and pray over the incidents that unfold around me I see faith lessons.

Woo was one of our first IT students.  I say was because this week he was sent to the hole, locked up after fighting another inmate in the staff kitchen.  Fight is the wrong word.  It was no fight.  Woo, a man I’ve described in the blog before as having a head the size of a Rottweiler’s is a huge man. He has tremendous forearms, almost as thick as thighs, “Popeye” arms.  He is a large, strong, powerful man.

Woo is a staff cook.  Tuesday, during his shift, another staff worker began running his mouth.  Words were exchanged. Woo has been dealing for months with his mother’s passing.  Because her home was in Georgia he was unable to attend (inmates are prohibited from funerals out of state).  So Woo, dealing with the loss of his mother, the despair of incarceration, and the stress of waiting to see if his federal crack sentence is reduced (he has five years to do on a federal conviction which he starts when he leaves VA DOC in June 2012.  In July, President Obama signed into law, applying retroactive sentencing guidelines, that corrects the harsh disparity between crack versus powder cocaine sentences) snapped out. 

He picked the obnoxious inmate up and threw him on the heated stove causing second degree burns.  Woo pled guilty to a simple charge of fighting (could have been much worse), and is doing fifteen days in the hole.  His security level is being raised.  His good time (what little we receive) taken (adding 90 plus additional days to his sentence).  He has been removed from his job and college.

I have become aggressively pacifistic (an oxymoron if ever I heard one) since my arrest.  Violence is never the solution.  Behavior – fighting especially – to settle disputes in prison is commonplace.  I regularly recite the mantra to the guys “you can’t put your hands on someone in the real world”.  Unfortunately, in the “real world” too often “might makes right”.  Violence begets violence.  As Gandhi said “an eye for an eye and we’ll all be blind.”

How will Woo respond?  How will the loss of his job, college and good time affect him for the remainder of his bid?  What has he learned from this that will ensure he won’t repeat the insanity?  This is Woo’s third time in prison.  I pray it’s his last but this past week gave me reasons to think it isn’t.

Monday night the 5:00 pm news put up the photo of a “convicted sex offender” caught in a high school parking lot in Richmond.  “An investigation revealed the offender had failed to register.”  The offender?  Alexander, the “lawyer” I’d written about previously who made thousands of dollars each month off the hopes of inmates seeking a way out, the same guy who became involved with an officer this past summer which led to him being investigated and her being fired.  The same Alexander who was only released 56 days ago.

As I’ve written before, I met Alexander at the Henrico Jail.  To see someone I knew in jail came as a complete shock to me.  I’d seen him around bar events, legal ed seminars, and the like from time to time.  My gut reaction always was “this guy’s full of it”.  My opinion didn’t change when I saw him at the jail or later when I saw him here.  He was too cocky, too crazy with the officers, and to quick to tell guys their cases were beatable.  I avoided him.

Some of the officers had tipped me off that things weren’t as Alexander said.  He’d tell guys he ran a $4 million plus scheme on the street to gain inmate awe (point of information:  million dollar thefts carry reverence in prison.  I am treated as a genius because I was dumb enough to get caught after steeling $2 million).  He, in fact, took $30,000 from a trust account.  He also neglected to tell guys he had a 1999 conviction for indecency with a minor.

Even worse, there were indications Alexander hadn’t learned anything from his stay in the hole his last three months here – or his three plus year bid.  A number of guys had stopped me the past few weeks asking for help putting letters and materials together to mail to Alexander.  “He’s agreed to have his law firm handle my appeal,” they’d tell me.  Problem is, there is no law firm.  Alexander isn’t a lawyer.  He’s still running the same hustle he ran in here.

Now, he’s back in jail.  He’s facing new charges and these are serious:  failure to register is a major problem for a sex offender.  Being in a school zone as an unregistered convicted sex offender makes things even worse.  Alexander will, in all likelihood, be back in prison within the next few months.  He’ll get new time for his new charges and additional time for his violation of the terms of his probation.

For the guys in here still doing time, it’s just another dumb ass who gets out and screws up and makes it that much tougher on the rest of us to get out early.  Will Alexander ever get it together?  The answer appears to be doubtful.

And then there is Gary.  Gary is an Episcopal minister, a rector at a well-established church in Richmond.  Shortly after my arrest a dear friend who came almost daily to see me telephoned my minister.  The minister’s response when my friend asked him to visit me at the jail?  “I’m not getting in the middle of his legal problems and his marital problems.”  He wasn’t the only one from my church who rejected me after my arrest.  But the sting of being rejected by my clergy was deep.

My friend turned to his own pastor – Gary – to visit me.  Gary didn’t know me.  He’d never met me.  I wasn’t a member of his flock.  Yet, this man, this stranger, called on me at the jail.  He continued to do so monthly.

When I transferred to the hell that was receiving, Gary showed up.  He listened to me.  When I cried out asking “why” he didn’t offer simple, easy explanations for the mystery that is God.  Shortly after my arrival at receiving he sent me a card with the archangel Michael portrayed.  “Michael is the angel who guards and protects the Lord’s people” he wrote.  I put that card on the bunk so that every night as I lay there hearing the screams throughout the building I saw Michael.  That card, that angel, greets me every time I open my locker.

Throughout my stay here at Lunenburg Gary has written me – and visited.  He sent two amazing books about Christian meditation that helped me “silence the noise” in my head during prayers and bask in the quiet presence of God. There are two men that have led me to a deeper understanding of the mystery and magnificence of the Lord.  Gary and my friend Harley, who asked Gary to visit, are those men.

When I seek to model my Christian life after someone, it’s Gary I think of.  He had no reason to reach out to me.  Yet, his faith led him to me.  I am surviving this because of people like Gary.

Last night I received a copy of a letter Gary mailed to his parishioners.  My friend sent it with a short note that said “keep Gary in your prayers”.   Gary advised his congregation that he’d been diagnosed with non-Hodgkin’s lymphoma.  “The doctors are optimistic” he wrote about his prognosis.

I have taken to heart conversations and letters I’ve shared with this wonderful pastor.  Life does indeed not appear to make sense sometimes.  And trials and suffering make their way into our lives and they test us to the point of breaking.  But, God is good.  He is in the midst of all storms and He does see us through.

Every night since that first visit he made to the jail, Gary has been included in my prayers.  I don’t understand why or how cancer strikes.  I don’t understand why good people suffer.  But I do know Gary will be fine.  He is a good man and has the love, respect, and prayers of many.

Three men I know this week confronted trials.  Like all of us, some of the trials faced were the result of anger and impulse, or pride and arrogance, and others just visited upon us for no reason.  I pray for all three men that their trials awaken in them the true purpose God calls them to.

And these three remind me of a story:  “A Rottweiler, an attorney and a priest walk into a bar…”

Sentencing Inconsistency

Two days ago a story appeared on the news indicating Congress – at the request of the Federal Sentencing Commission – was considering applying the new crack cocaine sentencing guidelines retroactively.  The hope, according to the news report, is that the states will follow suit.

Prior to Congress passing and President Obama signing, the new crack cocaine sentence guidelines, thousands of drug users – mostly African American – were serving excessive prison sentences for possession of five grams (that’s about five sugar packs) of crack.  The penalty for that amount:  a mandatory five year minimum sentence.  To get the same sentence with powdered cocaine, a person would have to be in possession of 500 grams. 

The thought behind the law was crack was significantly worse than powdered cocaine.  This was a fallacy.  Cocaine is cocaine.  In any form:  powder, liquid or as a crack rock, cocaine is a highly addictive, dangerous drug.  The “real” reason for the sentence disparity – crack was cheaper and it was the drug of choice for hundreds of thousands of poor and predominately black Americans.  Powdered cocaine, on the other hand, was preferred by wealthier white Americans.

One of the major reasons the criminal justice system fails in its efforts to rehabilitate inmates in prison is because the system is perceived as biased and unfair.  There is much truth to support that perception.

Study after study conclude that defendants who can afford to hire the counsel of their choice serve shorter sentences than poor defendants who must rely on either overworked public defenders or – in the case of Virginia – court appointed lawyers whose fees are strictly capped.  These court appointed lawyers cannot hire investigators or experts to assist in the defense of their client’s case.  The expression “equal justice under the law” does not exist.

Sentencing inconsistency creates a victimization mentality amongst the convicted.  How does a man who rapes his seven-year old daughter get an eight year sentence and a check forger ten years?  Which presents more long-term harm to the community?

The day I was sentenced, a young man appeared before the judge shortly before my case was called.  He was with me at the Henrico Jail.  His crime:  his third DUI, driving on a suspended license resulted in his causing the death of his passenger.  The judge, noting his participation in alcohol treatment in jail, sentenced him to “twenty-four months” and required him to maintain an “ignition interlock” system on his car (breathalyzer to start his vehicle) upon release.  Sitting in the holding cell awaiting transport back to the jail following the judge giving me a fifteen year prison sentence, the young man told me “I can beat that lock.  Have in the past.”

A twenty-two year old named Matt was sentenced to twenty-four years in prison for malicious wounding.  His crime:  he and his fiancé broke up but continued to share an apartment.  They agreed to not bring any dates back to their place.  Matt came home from work and walked in on her and another man having sex.  Matt used a ten pound dumbbell and struck and injured the man.  Matt had two prior arrests involving drug and alcohol use.  He was denied bond and then given twenty-four years.  One day, while at the jail, Matt tried to slit his wrists, distraught over his future circumstances.

At the same time, the Henrico County Commonwealth Attorney’s oldest son was arrested.  Age 19, he was at an illegal card house, playing poker.  He was high on marijuana and drinking.  A dispute arose at the table and he struck another player with a beer bottle, injuring the man.  He too had prior drug and alcohol arrests.  He, however, made bond (the court set a $3,000 bond).  His sentence:  three years, suspended with drug and alcohol treatment.

Two similar cases in the same jurisdiction with vastly different results.  The prisons are full of such cases.  In my own case, I cooperated fully, made significant partial restitution and accepted responsibility.  I deserved to be imprisoned, just not in excess of child molesters, pornographers and second degree murderers.

Criminals must be held accountable for their crimes and accept responsibility for their behavior.  But, the criminal justice system must be fair.   Punishment must correlate to the crime and sentences must be transparent with application of restorative justice principles to return a remorseful, rehabilitated person to the community.

Let Freedom Reign

The other day I watched as millions of ordinary Egyptians stood in the streets of Cairo and Alexandria and demanded an end to the tyrannical, repressive regime headed for thirty years by Hosni Mubarak.



I was transfixed when word came out that Mubarak had left the country. Ordinary Egyptians tired of terror and disappointment screamed with joy “we are free”. I saw fathers with tears in their eyes lift their children toward heaven. Men fell to their knees and prayed, reciting over and over “Allah Akbar” “God is great!”


A news clip then came on showing President Obama laud the transfer of power. He spoke about a peoples’ inherent desire, their absolute right to live free. In an amazing display of historical perspective, a news announcer reported that it was “exactly twenty-one years ago today” that Nelson Mandela stepped through the gates of a South African prison and walked forward a free man. After twenty-six long, lonely, brutal years, Mandela walked into freedom. He stepped to the microphones set up before him and in a firm voice said “let freedom reign”. President Obama chose those same three words in his remarks on Egypt.


“Let freedom reign.” I’ve re-read the story of Moses this week. Moses, a man who murdered an Egyptian and then fled rather than face the wrath of Pharaoh. God, however, had other plans for Moses. In spite of his failures, his crime, God saw in Moses righteousness. He called out to Moses, told him to “have courage” and then instructed him to “lead my people to freedom”.


“Let freedom reign.” I re-read the prophet Jeremiah’s words to the captive people of Israel. “God is with you. He shall restore you.” Jeremiah suffered grievously in his life. Imprisoned, beaten, starved, abandoned by his own people. There were many days Jeremiah wondered, “Has God forsaken me”. Still, he found the faith to tell his countrymen living away from home under the oppression of a Babylonian despot, living in captivity, “do not lose hope. God hears you. You will be restored”.


I have had a difficult past ten days. I have felt abandoned, lost and lived with a deep sense of hopelessness I haven’t felt in years. Many times during these difficult days I’ve fought back thoughts that my future looks bleak. I fought against thinking I would serve my entire sentence and be released to live my remaining days alone, lonely and destitute.


I’ve wondered why, why has all this happened? I’ve accepted responsibility for the decisions I made. Still, the punishment I have been handed is substantially more severe than the crime. I’ve lain in bed and asked God over and over this week how much more I must lose. Yeah, I’ve been feeling sorry for myself. And, maybe I deserve all that has happened.


As I was watching the news, watching the Egyptians celebrate, my workout coach stood in my cut.


“I know you’ve been strugglin’ this week,” Randy said. “You’re not like most men I’ve met. You’re a good man. Good men make bad decisions, but they overcome.”


“Let freedom reign.” That’s a tough sell this week. I want my freedom. I want a future. That seems so far away right now. Still, hope dies hard. This dark period shall pass. I’ll find my bearings. I’ll believe and hope again.


Freedom is precious. I’ll make it through somehow. I watched the joy in the Egyptian man’s face as he cried out “God gave me my freedom’. I know my day is coming.

Second Chances

I’m not one to say much positive about the current President, but this week he came out and said Eagles quarterback Michael Vick rightfully deserved a second chance. Obama applauded the Eagles organization and owner for recognizing that Vick “paid his debt” for his crime and now deserved an opportunity to be a productive member of society.



What the President said was long overdue and, given the public’s perception of crime and punishment, courageous. It also is every Christian’s moral obligation to forgive and allow a contrite, broken person the opportunity for restoration and reconciliation.


This week, I read President George W. Bush’s memoir, Decision Points. I have long had the utmost respect for President Bush. His memoir confirmed what I long ago realized: W is a man of deep faith and moral clarity. He’s not perfect, but he has tried his best to live righteously. There are not many people I can say that about.


Two stories in the book struck me. In the first, W explained why he seldom lashed out at his critics. He tried, he said, to live by the Biblical principle about not pointing out the speck “in your brother’s eye”.


The second story was even more telling. President Bush described his first meeting with Bono of the rock group U2. Bush had decided to pour billions into AIDS drug distribution and malaria treatment in Africa. Bono, a committed humanitarian who puts his “money where his mouth is” had a deeply personal conversation with the President about his faith. “We talked about Matthew 25, the only place the Bible speaks directly about judgment. . . .”


I read and reread Matthew 25 each week. It calls on believers to feed the hungry, clothe the poor, comfort the sick, visit the imprisoned. It commands this. It says nothing about passing judgment on “those people”, condemning “those people”. Matthew 25 ends with these words:


“to the extent that you did not do it to one of the least of these, you did not do it to Me. These will go away into eternal punishment. . . .”


That, is a significant punishment and makes mine pale by comparison.


I wasn’t a big fan of Michael Vick’s before, but he has gotten my respect as he busts his ass to make up for his past. He deserves peoples’ support and encouragement.


There are hundreds of men that I have met this past year in the same situation. They need a second chance. Some perhaps, need a third or a fourth chance.


C.S. Lewis wrote “if the will to walk is really present, God is pleased even with your stumbles.”


It took me getting arrested to realize we all fall short at times. No one is perfect. We hurt each other; we are selfish; some of us commit crimes. But, with very few exceptions, we are all redeemable and worthy of another chance. President Obama expressed his opinion on Michael Vick concluding “because my faith tells me to”. Perhaps others will feel the same pull from their faith.


In a few short weeks the Virginia General Assembly will convene. The oldest elected body on this continent will open with prayer. I’ll be praying, for myself and the vast majority of incarcerated men and women whom I’ve met these past two and a half years, for the General Assembly to do the courageous thing, do the just thing, and give us a second chance.


Judgment is a difficult concept. We struggle daily to be moral and just, yet we forget the simple admonition given by our Lord: as you treat the least of these, so shall you be judged.


40,000 men and women languish in Virginia prisons and regional jails. The vast majority could be released with few repercussions. We deserve a second chance. It’s a new year, a perfect time to give someone a second chance.