Tuesday, January 29, 2013

 This is something we should remember about Regan and Amnesty for immigrants.

Conservatives may be reminded what their party was like in the 1980s.  Many young Republicans may become informed. This NPR piece is something that present "social conservatives" will be surprised by. 

A Reagan Legacy: Amnesty For Illegal Immigrants

"I believe in the idea of amnesty for those who have put down roots and lived here, even though sometime back they may have entered illegally," Ronald Reagan said in 1984.
Hulton Archive/Getty Images
As the nation's attention turns back to the fractured debate over immigration, it might be helpful to remember that in 1986, Ronald Reagan signed a sweeping immigration reform bill into law. It was sold as a crackdown: There would be tighter security at the Mexican border, and employers would face strict penalties for hiring undocumented workers.
But the bill also made any immigrant who'd entered the country before 1982 eligible for amnesty — a word not usually associated with the father of modern conservatism.
In his renewed push for an immigration overhaul this week, President Obama called for Republican support for a bill to address the growing population of illegal immigrants in the country. This time, however, Republicans know better than to tread near the politically toxic A-word.

Friday, January 25, 2013

Reinvigorating the Federal Pardon Process: What the President Can Learn from the States | ACS

Author(s): 
Margaret Colgate Love
Publication Date: 
January 24, 2013
ACS is pleased to distribute “Reinvigorating the Federal Pardon Process: What the President Can Learn from the States” by Margaret Colgate Love of the Law Office of Margaret Love and formerly of the Office of the U.S. Pardon Attorney.
The presidential exercise of the pardon power, or lack thereof, has been the subject of national conversation in recent months.  As Margaret Colgate Love describes in her Issue Brief, this much discussed, but not often used, executive power and process "has lost its vigor, its integrity, and its sense of purpose.”  The latest assessments of the federal pardon process suggest a process plagued by racial and class disparities, and in at least one case, misconduct on the part of the Pardon Attorney.

Reinvigorating the Federal Pardon Process: What the President Can Learn from the States | ACS

Obama's Pot Dilemma: Is It Time to Evolve?


Obama's Pot Dilemma: Is It Time to Evolve?

December 8, 2012, 12:00 AM
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What's the Big Idea?
When the clock struck midnight this past Wednesday, dozens of pot smokers lit up in plain sight at Seattle's Space Needle. At that exact moment, the state of Washington's liberal marijuana law went into effect. No federal officials were in sight. No arrests were made, even though smoking marijuana in public is still subject to a fine in Washington. Law enforcement officials seem to want to stay as far away as possible from these types of celebrations, so as not to open up a legal can of worms.

Obama's Pot Dilemma: Is It Time to Evolve?

Wednesday, January 23, 2013


Professor Doug Bermans blog has very good commentary about the NY Times article on gun laws and mandatory minimums.  It is worth the read.

More proof mandatory sentencing laws are never really mandatory and can enhance disparities

Guns-prison5One typical argument for mandatory sentencing provisions, whether in the form of statutory minimums or rigid guideline structures, is that they ensure all persons who commit a certain kind of crime will be sure to get a certain kind of sentence. But even if one believes such one-size-fits-all approach to sentencing can be justified normatively in some settings, real-world evidence reveals again and again and again that criminal justice actors will devise various ways (some hidden, some in the open) to avoid consistent application of these mandates. The latest proof of this reality appears in this lengthy article from yesterday's New York Times, which is headlined "Prison Isn’t as Mandatory as State’s Gun Laws Say." Here are excerpts:


Go to:  This link

Manifest Injustice !

 PS Ruckman's fine blog Pardon Power has another great post today.

Today, Pulitzer Prize winner Barry Siegel's new book, Manifest Injustice: The True Story of a Convicted Murderer and the Lawyers Who Fought for His Freedom, is on the shelves of the Nation's bookstores (see ad here).

The book is about the case of one William Macumber whose situation was highlighted in many of our posts (click here). We have asked (and gained) permission to quote the following passages from the book:                 This is the link -  Manifest Injustice !

Friday, January 18, 2013

The War on Fast Food: Can a D.C. Suburb Fight Fat with Zoning?


Maryland's Prince George's County has the highest obesity rates in the Washington, D.C. area. Now the county council is considering a bill that would give it zoning authority to keep new fast food eateries out of its jurisdiction.
But is tackling obesity as easy as keeping cheeseburgers and fries out of people's hands?
The author of the bill, Karen Toles, thinks so and tells Reason she's just trying to hold fast-food restaurants accountable for "preying" on her constituents. The Center for Consumer Freedom's Justin Wilson says the bill violates the rights of customers and businessmen and argues that “obesity is far more complicated than blaming...one single industry.”
The bill's worst enemy maybe Prince George's itself: The county recently loaned $300,000 to a local businessman so he could open up two new Little Caesars pizza restaurants.
The bill is scheduled for a vote later this year.
About 2.30 minutes. Produced by Joshua Swain and hosted by Kennedy.


The War on Fast Food: Can a D.C. Suburb Fight Fat with Zoning?

Thursday, January 17, 2013


by Erik Altieri, NORML Communications Director January 17, 2013
The Chair of the Senate Judiciary Committee, and the most senior member of the Senate, Senator Patrick Leahy (D-VT) again spoke out against the War on Drugs today during a briefing on the Senate Judiciary Committee’s upcoming agenda.
“The fact that so many people, especially young people, go to prison for a relatively minor thing, a drug offense. And then you ask, why can’t they get jobs afterward? Why do they have problems from then on?
I think we have spent tens of billions, hundreds of billions of dollars on the so-called War on Drugs. Well, we’ve lost.” – Sen. Leahy
Senator Leahy also addressed the disproportionate toll marijuana prohibition takes on people of color:

http://blog.norml.org/2013/01/17/senator-leahy-after-spending-billions-on-the-war-on-drugs-well-weve-lost/

Monday, January 14, 2013


The New York Times has an article about another medical marijuana provider being prosecuted. This is such a sad and consistant story that it is increasingly confounding that Congress has not done anything about removing marijuana from the CSA.  

Just another reason why citizens question the ability of these isolated individuals serving in Congress and who are given the priviledge of representing us.  When even more momentum builds and it is obvious that the majority abhors this excessive use of government force being used to prosecute people for life style choices - perhaps our elected leaders will run to the front of the line and insist they are leading.

Friday, January 11, 2013

Bloomberg - Daddy Knows Best

Radley Belko writing for the Huffington Post shines the light on Mayor Bloomberg's latest ill considered decision.  Bloomberg is now practicing medicine in all city  hospitals in New York.  We have given our government the mandate to keep us safe from all harm, Bloomberg is now acting as citizens physician.

link to article

The Nation: Re Weldon Angelos

The Nation: Re Weldon Angelos   

PS Ruckman on his pardon power blog shares his thoughts about Presidential Pardon power.  Sasha Abromsky has written an article for The Nation about the case of Weldon Angelos and the lack of attention paid to his case. 

Friday, January 4, 2013

 GROUP PETITION FOR COMMUTATION FOR FIVE ELDERLY MARIJUANA OFFENDERS SERVING SENTENCES OF LIFE WITHOUT PAROLE FOR SELLING MARIJUANA

This is the link to a Group Petition for Commutation submitted by the law office of Michael Kennedy for five elderly non-violent, marijuana inmates serving life sentences in Federal Prison for selling marijuana.  This petition was submitted in the middle of November of 2012.  Please read it and let us know if you could support the concept of Group Clemency.



Wisconsin: Scott Walker, Blithering Pardon Idiot

Wisconsin: Scott Walker, Blithering Pardon Idiot

PS Ruckman's blog Pardon Power is a wealth of information about the exercise of Clemency by state governors and by Presidents.   If you're interested in this powerful execuative power you can't find a better source for statistics and analysis.

Thursday, January 3, 2013

A very good article on AlterNet written by Kristen Gwynne about five elderly marijuana inmates serving sentences of Life Without Parole for selling marijuana.


The Law Office of Michael Kennedy submitted a Petition for Commutation to President Obama asking him to commute the sentences of these five non-violent, marijuana offenders who are serving sentences of Life Without Parole for selling marijuana.

Thursday, December 27, 2012

Friday, September 28, 2012

                                    Ask Now About the Pardon Power

This is  an article written  on the Huffington Post by
Mark Osler   professor of law at the University of Saint Thomas - it begins

"The pardon power is the drunk uncle of presidential politics, awkwardly ignored until there is a disaster. It has been the source of great controversy over the past three decades, with clemency granted to Richard Nixon, Marc Rich, and Scooter Libby, but too few others. Yet, the pardon power and how it should be used rarely comes up as a subject of discussion in presidential campaigns. This fall's debate moderators should change that."

This is an important discussion of the pardon power of the President,  it's use and more important, it's lack of use.  Releasing non-violent, marijuana only offender would be a start toward fiscal responsibility and civil liberties.

http://www.huffingtonpost.com/mark-osler/ask-now-about-the-pardon-_b_1902029.html

Tuesday, July 31, 2012

16 Amish in Ohio Reject Beard-Cutting Plea Deals - ABC News

16 Amish in Ohio Reject Beard-Cutting Plea Deals - ABC News

This article about the prosecution of 16 Amish for beard cutting is a fine example of what is wrong with the Federal Justice Department.  It's difficult to understand why this is a federal crime and why these men face a 20 year sentence to federal prison.  This is fiscally irresponsible and contrary to civil liberties.

This gives a birds eye view of the plea bargaining system and how it workd for those who are targeted for indictment.

Tuesday, July 24, 2012


This is written by a prisoner serving Life Without Parole for a non-violent drug offense.

All prisons have a rec yard. All prisons have the elderly of which many are ill, many are in wheel chairs. Here, at this prison we too have many in wheel chairs. So, I thought, I cut my thoughts into the night and came up with..... the show. For I wondered even those sitting in wheel chairs in cells. I believe that they ,most are hanging on for some thing , any thing . So immobile ,they are,are like fingernails slowly, slowly digging a deep grave..... I had to do something..... Here, in the rec yard there is one very large tree. The tree umbrellas a circumference of huge shade. So, I sent out the message of the joining through runners .The message, for those in wheel chairs to come under the wide cool shade last sunday. To come and enjoy, simply enjoy..... And, they came, all assisted by being pushed by a friend..... That day I arrranged for a short young man with a round face and huge round glasses to tell many jokes. With the jokes cool cups of lemonade were circulated. Gulps and sips accompanied the belly laughter. Then, I, told a funny story of Fresno Freddy, the prison mouse. After that ,a lone young man strung his guitar and sang lively tunes, finished so softly. That tears met the dry ground. The prison ground that absorbs human moisture,life,so quickly. Yet ,that day I believe will not go quickly from the minds of the many ill in those wheel chairs. Chairs when leaving that afternoon, bounced slightly across patches of dirt and grass..... I stood there ,the last ,under that tree that witnesses so much, so much over the years. Watched them fade into the waiting cell blocks. Waiting to seal them up one by one, one by one behind the steel doors.... To the free world . This is Amercia's prisons today. I know , truly I know..... Yes, caged the must but feel for the latter.....Please!




I subscribe myself,

George Martorano

Date: 7-24-12

Monday, July 16, 2012

Eugene Fischer Prisoner of the War on Drugs was released today after 25 years in Federal Prison.  Eugene was sentenced to Life Without Parole for a non-violent marijuana offense.  He is one of the prisoners featured on the website   http://www.lifeforpot.com
Eugene is a remarkable man and spent his time in prison writing books, plays, teaching, getting a masters degree and most importantly for Gene, developing a meaningful spiratual life.
Although I have never met Eugene, I consider him to be a dear and compassionate friend.  I have only corresponded with him over a period of two years, but these contacts have been a source of inspiration and support.  He of course understood my passion to reform sentencing for non-violent drug offenders and we had a common focus and goal.  Today, knowing that Eugene is free somehow seems to give me freedom also

Monday, July 9, 2012

Drug Policy Alliance is an organization for everyone who has questions and concerns about the world wide war on drugs.  If you are not familiar with this organization - follow the link
http://www.drugpolicy.org/facts/drug-facts/marijuana-facts

Saturday, July 7, 2012

Clemency Grant Rates: Recent Presidents

Clemency Grant Rates: Recent Presidents

PR Ruckman  Pardon Power has a wealth of information about Clemency both state and federal. 
Life for Pot - Release Non-Violent Drug Offenders

This is the blog for Life for Pot - A web site that highlights non-violent marijuana only offenders who have received the sentence of life without parole for marijuana offenses.



It has been a while since I posted on this blog.  For the most part this is due to the time it has taken to develop a plan for the organization Life for Pot.  Presently we are working on a project that involves senior inmates who have been imprisoned for over 15 years who have received sentences of Life Without Parole. 

Many who are displayed on the internet as receiving life without parole were postee on sites prior to their appeals being completed.  On our site we have attempted to vet these individuals and make sure that they were not released on appeal, or resentenced on appeal. 

When I find these individuals on prisoner sites I always investigate and can't rest till I know that I have not overlooked the obvious.  Recently there was an article written - I believe on alternet that was about the ten most outrageous sentences.  It included a federal inmate that had been sentenced to Life without Parole for a non-violent marijuana only offense.  The name was vaguely familiar, but I did not remember him.

He was not in the BOP data base and after some searching, I was able to find legal documents that he had been resentenced to 12 year - he has since been released. 

I would like to be able to highlight these egrigious sentences so please,  if you know of someone who should be included please contact me.

Sunday, May 15, 2011

Sheriff:




CHEESE LED TO FALSE RESULTS FOR COCAINE IN ASHEVILLE



ASHEVILLE - A favorite food of millions may have been the culprit in false

drug-test results that led to a California man's jailing on cocaine charges.



The Buncombe County Sheriff's Office said Friday an enzyme present in cheese

and possibly some types of dough appeared to have yielded false results that

led to cocaine charges against Antonio Hernandez Carranza. Hernandez spent

four days in the Buncombe County jail until state lab results showed the

substances in the back of his truck were tortilla dough, cheese and other

food.



Buncombe Sheriff Van Duncan and Lt. Randy Sorrells said they only recently

learned how the common food can fool drug tests. Positive tests are

considered probable cause and can be used to bring charges and jail suspects

under high bonds, effectively keeping them imprisoned.



Along with revealing the test flaw, police are also now saying they will

reimburse Hernandez for $400 in food taken following his May 1 arrest.



The plight of the Mexican national, who is a legal resident but speaks

little English, angered Latino advocates and brought widespread attention to

the Sheriff's Office.



The sheriff said officials are trying to speak with the president of the

company of at least one of the test manufacturers.

"What we are going to do now is check with the manufacturers and find out

what they have found can cause false positives and put that into the

training with our officers," Duncan said.



Three different field tests indicated the presence of cocaine in food

Hernandez said was a gift for his sister in Johnson City, Tenn.



Already in jail under a $1,500 bond for failing to heed blue lights and

sirens and driving while intoxicated - a charge later dropped after a

breathalyzer test showed no alcohol - Hernandez was charged with cocaine

possession and his total bond raised to $300,000.



Deputies say they rushed the food to a state lab for a more definitive test,

where they soon learned there were no drugs involved. Hernandez was found

guilty of failing to heed lights and sirens and let go on time served.



Confused deputies later redid the tests, which rely on a color change, and

noticed that cheese set it off the most, as did the dough, to a lesser

extent, Sorrells said.



They then went to state lab technicians.



"They said, 'It's not common, but it is known. It's not the first time they

had ever heard of it," Sorrells said.



Deputies have contacted the manufacturers of the tests to try to get more

information, he said.



The sheriff, meanwhile, said his office would reimburse Hernandez for the

food.

Saturday, February 26, 2011

Anthony Papa

An interview with Tony Papa a drug war activist with Drug Policy Alliance.
Tony Papa painted his way out of prison. A remarkable men.

FACE BOOK PAGE

Friday, February 18, 2011

Inside the Prison de la Sante - an eyewitness account

Inside the Prison de la Sante - an eyewitness account

GRANDMAS MIND WAS STOLEN BY THE DEA


THIS IS GRANDMA

This is the story of Grandma, and her descent into the mystic prodded along by the DEA and Federal Prosecutors in the Northern District of Florida. Perhaps unwittingly and as they say - just because you're paranoid doesn't mean you can't be followed.

Prosecutorial over Reach combined with Conspiracy laws grease the skids of our justice system and make many a government worker. from prosecutors to prison guards smile with the thought of life time job security.

This twilight was long in coming, but just before the year of our lord 2007 it commences and I sit beside Bijou. She is my mother and this is a filial duty that must be fulfilled, albeit in an ever more neglectful way. Her breath come in wisps and starts, and her eyes mist like a cloud of smoke. She has lost her past and enters an altzheimers unit in the beautiful protective assisted living Inn.

Sunday, February 13, 2011

Prosecutor Misconduct

Prosecutor Misconduct, Tipping The Scales Of Justice

by F.A. Stephens (Author of Winning Habeas Corpus and Post Conviction Relief)

The constitution, Congress and courts have set elaborate rules to ensure jurors get the facts and aren’t swayed by emotion or fear. Rules are particularly exacting for prosecutors, as they act with governmental authority and their mistakes can put people in prison. One of those rules, established by the Supreme Court 40 years ago, is Brady v. Maryland, 397 U.S. 753 (1970). In Brady, the United States Supreme Court held that prosecutors must tell defendants about evidence that could help prove their innocence. Withholding evidence, the Court held violates due process, that is, the right to a fair trial. Many cases overturned are premised on this type of prosecutorial misconduct.

Saturday, February 12, 2011

Life for Pot

This is my web site for Non-Violent, Marijuana Only Prisoners serving sentences for Life Without Parole. Please view their profiles.

Saturday, October 9, 2010

John Knock is a first time non violent marijuana only offender who received two life terms plus twenty. Although we have not found any first time marijuana only offender who has received a sentence of this magnitude, there are a few other marijuana only offenders sentenced to life in prison.

We will contact them and post their names for those who would like to support their freedom. If you know of a non-violent marijuana only offender with a sentence of life without parole, please contact us with the information about their case.

Friday, October 8, 2010

Looking at Presidential Pardon and Clemency Power

This article in the National Law Journal is an important look at an underutilized Presidential Power.

OPINION

Obama should exercise the pardon power

It is an important tool to provide a second chance for hard-luck Americans.

April 12, 2010


During a recent oral argument in a case involving the U.S. Sentencing Guidelines for crack cocaine, Justice Anthony Kennedy asked a curious question: "Does the Justice Department ever make recommendations that prisoners like this have their sentence commuted?"



Thursday, August 6, 2009

Thoughts about Prisons

RELEASE NON VIOLENT MARIJUANA PRISONERS
Promoting Fiscal Discipline and Liberty Through Criminal Justice Reform


John Knock: A man who must wrestle with the wind that is called The Rule of Law


This is just one vignette among many about practices in the Federal Prison System. This is only a personal story, however it is played over and over again in Federal facilities, and most probably presents in the same way through out state prison systems.

To put my interest in context, you must first know that I have a brother who was sentenced to life plus twenty by Judge Maurice Paul in 2000 in the Northern District of Florida. John has always been a pacifist. This was the first time he had been charged with a crime and it was a marijuana only conspiracy. He is presently in FCI Allenwood, a high security prison and he is 61 years old. John is not a threat to society . The secret is that there are many non violent prisoners assigned to high security prisons at great expense to the tax payers. When it is time to allocate funds, it is assumed that funds must be expended for high security prisons to keep communities safe. High security prisons require more staff and more capital for building and infrastructure.

There is another method used by people in the prison industrial complex to call attention to their facility and document in some way that these are dangerous institutions that require increased money for staff and security.

I will give just two recent examples. Allenwood was locked down from July 20 to Aug 4 2009. When a lock down is instituted inmates remain in their cells for the length of the lock down. This is a small shared space. Food is served through a slot and it is cold. Guards go through each cell and take any personal items that they deem non essential. This includes books, legal papers, writings, religious literature, what ever the guards select can be confiscated.

Families become understandably concerned during these lock downs because they are unable to communicate with their family member. Sometimes families have made elaborate arrangements to visit, This can be a major undertaking as Federal Prisoners are frequently housed hundreds of miles from their families. Children are looking forward to seeing their father or mother, parents their son etc. The inmate cannot tell their families the facility is locked down and the family arrives after a long trip only to be told that they may not visit. Being deprived of communication with family, being in a very small space with a cell mate for 24 hours a day with food being served cold through a slot, and having belongings that are important to you confiscated is extraordinarily stressful. These inmates must exercise great self control.

During the last lock down at Allenwood, I looked for the reason on the internet and found the lockdown site on the Web Site of the Council of Prisons Union, which is part of the American Federation of Government Employees. The reason for the 15 day lock down was guards had heard rumors that there was going to be a food strike. Apparently prison officials heard that some inmates were not going to leave their cells for meals. This was the reason for the 15 day facility lock down.

Obviously, a facility that requires frequent lock downs can make a case for a need for more funds for security.

My 61 year old non violent brother has a cell mate who is in his 30s. As a young service man his cell mate was involved in a violent crime. I can’t know the details, but I believe it involved very young military men, some alcohol, and a baseball bat. It resulted in the death of a young man. John’s cell mate will be eligible for release in a couple of years. John seems to be proud and protective of the young man who has tried valiantly to prepare himself for a new life upon release. He is quite close to getting a college degree. During the month of June Allenwood was also locked down for around two weeks. During that lock down when the guards took personal possessions from the cells, they took hundreds of dollars of my brother’s cell mates books that he needed to complete his course work. Staying calm during these stressful times must require great self discipline and grace.

It is apparent that there are many interested stake holders in our current criminal justice system. We have three major publically traded companies that depend on the growth of the prison population for their companies growth and profits. They are GEO Group Inc., Corrections Corp of America and Cornell Companies. These are just the largest of the private security and corrections companies. They have may partners and stake holders in their orbit. There are untold vendors and suppliers, construction companies, technology and security companies, consultants, etc. Other stake holders are the strong and growing unions who represent the hundreds of thousands of worker in the prison and law enforcement community.

This prison constituency has become such a large % of our work force and of the economy that government officials feel compelled to court them.

This ever growing passion to punish in our country has given us a sickness of the soul and coarsened our culture. We now think it is acceptable when we see obviously old, ill or injured people being handcuffed and chained and escorted by many armed and able law enforcement personnel. It is accepted that people who are arrested will be stripped and have their body probed and poked as a matter of course regardless of the danger they pose. This is inhumane and damaging for both parties. Our Country needs to regain respect and dignity. For ourselves and others. This can only happen when we rein in primitive instincts to dominate and control and reform our Criminal Justice System.

Prosecutors deals with confidential informants, the use of plea agreements to get purchased and bargained testimony, and sting operations run and instigated by law enforcement all poison the integrity of our legal system. These practices and our ever increasing propensity to incarcerate have also causes us to lose the respect of many countries who find our justice harsh and primitive.


An essential step is to end the War on Drugs. In fact ending the war and czar metaphors would be a start. Do not place non violent inmates in high security facilities. Change the public dialogue and discourse. In short, return to our roots and take liberty and freedom seriously.





Tuesday, July 28, 2009

Charles Lynch Update

On June 11, 2009 Lynch was sentenced to one year and one day in prison. He was given bail while waiting for his appeal. On June 15, 2009 his appeal was filed in the 9th Circuit Court of Appeals.