Summer Break

Dear Blog Readers:

It’s summer, that period of time between Memorial Day and Labor Day when folks feel the natural tug to slow down and recharge their batteries.  Friends came out to see me last weekend and I lived vicariously through their travels:  one already returned from Florida with wife and children in tow, the other just weeks from heading to his summer beach house.  Summer is a great season.

Life is different in here.  You can do your bid just sleeping away the days, only coming out for meals and the twice monthly walk to commissary.  Or, you can head outside everyday; you run or workout regardless of temperature or precipitation or your own outlook.

I love the summer.  The days are longer, the sky clear, the temperature warm. Summer reminds me of beach trips and bike rides, swimming and runs in the sand.  As I said, summer isn’t the same in here.

This will be my last blog until Labor Day.  There are a number of important issues I need to address this summer which require more attention than I’ve initially given them.  In July, I’m able to petition the Governor to modify the terms of my sentence.  The Virginia Constitution gives the Governor absolute power to modify the terms of any sentence.  Each year, hundreds of inmates petition the Governor to modify their sentences; very few are granted.  I’m not sure what the reaction will be to my petition.  I only know that I can honestly tell the Governor that I’ve done everything possible since my arrest and conviction to atone for my bad deeds.

As I’ve written previously, I have an eBook in the works.  It’s a collection of short stories and essays I’ve written over the last few years.  The working title is “40”.  It’s the title of a story I wrote while in receiving in the heat and humidity of a Virginia August.  My four months in receiving taught me more about the ills of humanity and the possibilities of redemption than anything I’ve ever experienced.  It was horrible, and disgusting and painful.  And, I consider it, in hindsight, a blessing.

“40” is based on a real young man I met.  He was going through heroin withdrawal while locked up in the Henrico County Jail.  Watching that young man suffer as his body, physically craving the drug, broke down before my eyes is an image I will always remember.

But it’s the story of hope.  It was during that same time frame, as I’d talk to that young addict and then return to my cell and battle the self loathing I felt, the intense internal call to give up, that I read on one particular sad, lonely night Isaiah 40.  I found verse 27 and froze.

 “Why do you say and assert your way is hidden from the Lord, and the justice due you escapes the notice of your God?”

It was addressing the people of Israel who had squandered their chosen status as “God’s people” and were in the midst of a loss beyond comprehension.  Exiled and enslaved in a foreign land, their life, their home destroyed, they wondered “Where is God?”  And in those few brief, beautiful verses Isaiah tells them:  God sees you; God knows what you are going through; and, God will deliver you.  “And those who wait on the Lord will soar on wings like eagles.  They will run and not get tired.  They will walk and not get weary.”

I cheered my young drug-addled friend on, telling him he could survive withdrawal and he could turn his life around.  And I told myself the same thing every night as I recited those verses over and over.

That’s “40”.  That’s part of the book.  More importantly, it’s part of my life.  I’ll be working on that over the next two months.  When new blogs return I hope to do more interactive things, direct readers to groups pushing important issues like prison reform and restorative justice.

So, it’s off to draft my “Dear Governor McDonnell” letter.  I look forward to the new and improved Bars-N-Stripes blog after summer break.  Now, go enjoy this weather!

 If you would like to contact Larry directly during the summer you can do so at:

Lawrence H. Bidwell # 1402909
Bldg. 4A, Bed 81
Lunenburg Correctional Facility
P.O. Box 1424
Victoria, VA  23974-0650


There are some restrictions on sending mail to the prison and everything is read before Larry receives it.  Envelopes must be no larger than # 10 and no heavier than 1 oz (i.e. one postage stamp).  No stickers or other object may be glued or taped to the envelope.  They will only accept an envelope with a return address label, mailing label and stamp.  If you have items that exceed the 1 oz weight limit, you must split them up into several envelopes (each weighing no more than 1 oz) and you can identify them (as 1 of 3, etc.).

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.

The Re-entry Con Game

Prior to his inauguration, amidst much fanfare, then Governor-Elect Bob McDonnell visited the Henrico County Jail to announce that under his administration a partnership would be formed with the private sector and faith based organizations for the re-entry of inmates back to their community.

The hearts and minds of thousands of inmates languishing in Virginia’s prisons were suddenly buoyed that finally a politician had been elected who gave a damn.  It was surprising, no astounding, that the politician was a “tough on crime” conservative, born-again Christian, Republican.  Within weeks of his inauguration, a huge “Re-entry Initiative” was printed at a cost of thousands of dollars and who knows how many trees.

But, it appears that after months of talk about re-entry, Governor McDonnell’s plan is nothing but a sophisticated snake oil sale.  Nothing about McDonnell’s plan is different from the past.  Bob McDonnell is long on words and short on action.

As I sit here at Lunenburg, a facility specifically designated as a “re-entry center”, I can assure you the exact same “transition out program” used for years before McDonnell’s election is still the same program used today.  Nothing different.  Nothing new.

The old “Breaking Barriers” program, a touchy feely group exploration of why “we” break the law has been replaced with “thinking for a change”.  Same poor program taught by prison “counselors” (who are a joke).  The name changed but the content remained the same. 

Even worse, Lunenburg is now being managed by a warden who plays no role in the day to day operation of the facility and by an assistant warden who actually scoffs at the notion of inmate programs.  In other words, DOC has placed management of one of its re-entry facilities in the hands of people who are opposed to re-entry.  Is it any wonder approximately one third of Virginia’s inmates re-offend within three years of release?

My friend in “Alaska” has been taking me to task for the great waste of resources used on prisoners who never even admit their culpability for their crimes and see themselves as the victims.  I couldn’t agree with you more “Alaska”.  Almost every day I have some guy come up to me and say “I didn’t do it” or “the Commonwealth attorney paid off the judge”.  Most inmates won’t accept responsibility for their behavior, won’t seek forgiveness for their wrongs, and won’t apologize to their victims.  And the reason, quite simply, is because people that do that suffer worse at the hands of the system.

What “Alaska” wants I think, is what I have called for almost from the inception of this blog, implementation of restorative justice principles, not retribution.  Founded on Biblical tenets, it was what Bishop Tutu used in South Africa and what is leading to societal reconciliation in Burundi and Rwanda.  And, it is the exact opposite of what we do in our prisons.

Over and over I am told by well meaning people inside and outside of these walls that for “a smart man” I was “foolish” for (1) admitting my wrongdoing the day I was questioned without even asking for counsel; (2) pleading guilty to all charges brought without requiring proof of the “loss” or any sentencing deal.  I’m looked at as a fool because I apologized to the court, my employer, my wife, children, parents and friends and told the judge I deserved prison time.

“What were you thinking?  “Why would you give everything to your wife knowing she would divorce you?  Why would you apologize to an employer who was calling the prosecution demanding you get one hundred years?”  When I tell them I did what the Lord requires us to do when we fail, I’m met with “the Lord sure didn’t tell the judge to be just did he?”

Inmates and accuseds will never accept the idea of remorse, of just punishment, and of rehabilitation, as long as the system is so blatantly unfair.  Sentences bear no relationship to the crime committed and in many instances are products of an accused’s race and class.

A book that draws widespread attention in prisons is Michelle Alexander’s “The New Jim Crow”.  In it, Ms. Alexander argues quite persuasively that prisons in modern America have replaced the plantation model of pre-civil war America for black men.  I’ve read the book.  It is disturbing and insightful and correct.  White, middle class teens committing the same crime as impoverished black teens receive substantially shorter sentences.  And once in prison, inmates (a majority of which are African American) are put to work doing dangerous, harmful work for slave wages.  During the Gulf Oil spill, for example, thousands of Louisiana inmates were put to work handling carcinogenic laced oil without adequate safety measures and without pay.  Here at Lunenburg, VCE (Virginia Corrections Enterprises) operates a furniture shop in an un-air-conditioned shop.  Inmates build furniture for state universities for 55 to 85 cents an hour.  That furniture is then sold to those schools (who must buy it even though furniture from private manufacturers is less expensive).

The system should be built on the simple, yet all important premise, of restoring the lawbreaker – where possible – to the community as a whole person.  To do that requires the law breaker to admit their wrong, reflect on why they did it, apologize to the victim, where possible make restitution to the victim and be reconciled to the community.

This process isn’t accomplished by giving a man fifteen years with no hope of early release and in his fourteenth year sending him to a ten week “transition out program”.  All that time before is wasted, making the inmate more embittered, feeling more victimized himself.

Governor McDonnell needs to quit selling snake oil and really make prison matter.  Reinstate early release and tie it specifically to the principles of restorative justice outlined above.  Make prison an effective method of correction, not a dumping ground based on punitive principles.  Inmates will change when they see the sincerity, not the hypocrisy, in the system.