Wednesday, January 30, 2013
Watch List: Ryan Release, But No Pardon
Always good information
Watch List: Ryan Release, But No Pardon
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
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.
Saturday, January 26, 2013
Friday, January 25, 2013
Reinvigorating the Federal Pardon Process: What the President Can Learn from the States | ACS
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?
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?
Thursday, January 24, 2013
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
Go to: This link
Manifest Injustice !
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 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?Senator Leahy also addressed the disproportionate toll marijuana prohibition takes on people of color:
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
http://blog.norml.org/2013/01/17/senator-leahy-after-spending-billions-on-the-war-on-drugs-well-weve-lost/
Monday, January 14, 2013
Friday, January 11, 2013
Bloomberg - Daddy Knows Best
link to article
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
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
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
Friday, December 28, 2012
DOJ Inspector General Faults Pardon Attorney for Misleading the White House About Clarence Aaron's Clemency Petition
Pardon attorney, Rogers is found deficient and evasive in his advice to the President concerning Clemency Petitions.
DOJ Inspector General Faults Pardon Attorney for Misleading the White House About Clarence Aaron's Clemency Petition
Thursday, December 27, 2012
Pardon Attorney Scandal: The Experts Speak
P S Ruckman has the most authoriative blog about Presidential Clemency - Lots of other good stuff.
Monday, December 24, 2012
Friday, September 28, 2012
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
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.
I subscribe myself,
George Martorano
Date: 7-24-12
Friday, July 20, 2012
Federal Prison & Post Conviction Blog: Stanford Reportedly Designated to USP Coleman II
Monday, July 16, 2012
Monday, July 9, 2012
http://www.drugpolicy.org/facts/drug-facts/marijuana-facts
Saturday, July 7, 2012
Clemency Grant Rates: Recent Presidents
PR Ruckman Pardon Power has a wealth of information about Clemency both state and federal.
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
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.
Sunday, February 27, 2011
Saturday, February 26, 2011
Anthony Papa
Tony Papa painted his way out of prison. A remarkable men.
Friday, February 18, 2011
GRANDMAS MIND WAS STOLEN BY THE DEA
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.
Thursday, February 17, 2011
Monday, February 14, 2011
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
Monday, December 27, 2010
Saturday, October 9, 2010
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
OPINION
Obama should exercise the pardon power
It is an important tool to provide a second chance for hard-luck Americans.
Kenneth Lee
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?"
Saturday, October 2, 2010
Thursday, August 6, 2009
Thoughts about Prisons
Promoting Fiscal Discipline and Liberty Through Criminal Justice Reform
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.

