*Parolable Lifers Given Unlawful Death Sentences

 

Parolable Lifers Given Unlawful Death Sentences
by Ricardo Ferrell, VOD Field Editor

Those sentenced to parolable life sentences decades ago by law became eligible for parole after serving 10 or 15 calendar years depending on when they were originally sentenced: Before October 1, 1992, (ten years) after October 1st, 1992, (fifteen years) eligibilities.

In Michigan, the death penalty has long been abolished. By Michigan statue an offender can be sentenced to any term of years up to a life sentence with the possibility of parole after being convicted of Armed Robbery, Kidnapping, Second Degree Murder, Criminal Sexual Conduct, or being a habitual offender. However, even if an offender is given the parolable life sentence, by law the Michigan Parole Board is required to review those particular offenders for consideration for eventual release. Anyone receiving a parolable life sentence cannot have that sentence arbitrarily converted into a life without parole or ‘commutable only’ sentence by the Parole Board, as this illegal practice was banned by a Michigan Court in 2014, in the Allen v. Heyns case, where a remedial order went on to preclude the Parole Board’s practice of treating parolable lifers who picked up another felony while incarcerated and received a consecutive term as ‘commutable only’ mandatory life without parole sentences. Although the Court ruled against this illegal practice, many parolable lifers are still held beyond necessary.

The Life-Means-Life concept spurred on by former Gov. John Engler was another illegal practice in reference to someone serving on the contrary, a parolable life sentence. In other words, how can an offender be sentenced by a Michigan judge to a parolable life sentence, then have the Michigan Parole Board to practice a life-means-life standard that is both illegal and barbaric in terms of the legally given parolable life sentence? A long question, but a necessary one in order to understand how this practice can be allowed to continue.

In retrospect, if an offender is serving a parolable life sentence, one that Michigan law (MCL 791.234) requires them to receive a fair review every five years to determine if they should be paroled, then how can that sentence be inadvertently converted and treated as: Life-Means-Life, ‘Commutable Only’, Life Without the Possibility of Parole, or more disturbingly, as a Death Sentence?

This writer has been in prison for the past forty-years serving a parolable life sentence since 1981, and have been eligible for parole consideration since 1991. But, the parole board continues to review my file in five-year intervals, and on 8 different occasions has reached a decision and made a determination stating, “The majority of the Parole Board has No Interest in taking action at this time. Your case will be reviewed as required by law.” (Decision Date: 12/18/17 – Action: No interest – Next Interview Scheduled: 4-20-23). In reading page #7 from the Case Summary Report of 11/24/14 from the Parole Board, it reads as follows: “This is a Edward Allen, et al v. Heyns, at el PAROLABLE LIFER WITH CONSECUTIVE SENTENCE CLASS ACTION case; proceed pursuant to Court of Claims order of 03/10/2014. P STATES HE WAS A REAL KNUCKLEHEAD WHEN HE FIRST CAME INTO THE SYSTEM. IN THE PAST 17 YRS NO ASSAULTIVE BEHAVIOR, P STATES HIS THINKING HAS TOTALLY CHANGED. P HAS EXCELLENT PROGRAMMING AND WORK REPORTS. P HAS OBVIOUSLY MADE SIGNIFICANT CHANGE IN THE PAST 17 YRS. HOWEVER, 2012 WEAPON, DDO, DANG CONTRABAND TICKETS ARE VERY CONCERNING. P STATES HE HAS A COUPLE OF JOBS LINED UP TOTAL PACKAGE LIFESTYLE LLC., TMC SERVICES IN FARMINGTON LETTERS IN COF. P STATES IF GRANTED PAROLE HE WILL BE A SUCCESS STORY AND FURTHER HIS EDUCATION, P HAS SHOWN AND COMMUNICATED HIS REMORSE. P STATES HE IS READY TO BE A PRODUCTIVE MEMBER IN SOCIETY. ARUS STATES – P IS A HARD WORKER AND HE HAS BEEN NO PROBLEM IN THE UNIT FOR THE PAST TWO YEARS. CONSIDERING PAST VIOLENT ISSUES, PB NEEDS TO SEE LONGER PERIOD OF TIME WHERE P IS MMSC FREE BEFORE POSITIVE PAROLE ACTION CAN TAKE PLACE…”

The above was in 2014, following that report, I obtained the Case Summary Report of 12/18/ 2017, it reads in part…”The behavior reflected in the misconducts: Has diminished.” Meaning the 3 misconducts in 2012. Also, on pg.#1, it reads: Has satisfactory block reports. Pg.#7, it reads, Shows suitable arrangements for work. Pg.#11, it reads, Routine work assignments have been recommended and: Involvement has been adequate. Pg.#12, it reads, Participation in other department sanctioned program(s) has: Resulted in completion of self help programming. On pg.#4, of The Case Summary Report of 11/24/14, it indicates: Interview – Crime? Yes. Regarding the crime, it is our belief:
Prisoner accepts responsibility.
Prisoner expresses remorse.
And, on pg.#1 of 4 of Deferral Report, it reads, Regarding the victim, it is our belief the prisoner:
Expresses remorse.
Regarding criminal history and post conviction sanctions, it is our belief the prisoner:
Accepts it as indicated, and accepts post conviction history as indicated.

In January 2018 & January 2019, I received letters from the Parole Board, where they encourage and suggest I enroll in any available self-help programming at my facility. Although there were limited programs available for Lifers, I took the initiative and was able to enroll into and complete a plethora of self-help programs, including being slated by the programs director to facilitate the Narcotics Anonymous meetings, where I have been a facilitator since Nov. 20, 2019, with excellent work evaluations.

Currently, I have a dual work assignment, I am the Reading & Writing Assistant in the unit, and I work as a Prisoner Observation Aide (suicide watch). The latter I’ve performed at four facilities since 2013. I have been deemed an asset to the POA Program, and rendered my services in preventing individuals from engaging in suicidal behavior.

There has been several documented instances where I was able to talk prisoners down who were either contemplating committing suicide, seriously engaging in self-injurious behavior, and/or displaying actions putting their physical well-being in jeopardy. It was during those critical moments that I was able to step in and help individuals cease from potentially harming themselves, which helped to save their lives. I am thankful to be a part of the Prisoner Observation Aide Program. What better way to make amends for my wrongs, than to be in a position to help save lives?

Aside from rendering my trained and skilled services to help mentally challenged individuals disengage in harmful behavior. I actively participated in the Youth Deterrent Program in Detroit from 2008-12, and was one of the original founding members and facilitators of that life changing and life saving program for troubled at-risk youth. We were able to relate to the youth by placing ourselves in their shoes, letting them know that we all are imperfect, and have made bad choices and poor decisions, but no one should be defined by those mistakes. We utilized Choice Theory, Storytelling, and Reality Therapy to reach the youth, as well as providing them with resources which could help them move beyond what had landed them in the Juvenile Criminal Justice System. My involvement in this program was quite rewarding, not only was I able to help deter some of our young people from going down the path of destruction, death or prison, I benefitted right along with them in the therapeutic value the program offered to all participants. My participation in the first prison-based My Brother’s Keeper Program provided me with mentorship certification training, a program I proposed.

Having made significant changes over the years, where my thinking is different and I no longer have any thoughts of involving myself in criminality. I believe my actions, rehabilitation and transformation have proven to the Michigan Parole Board, that the reasonable assurance they need before taking positive action in my case has been established and I can now be safely released and placed on parole for the 4-year period. I am 63 years-old, and no longer have a propensity for violence. My last assaultive misconduct (ticket) was 24 years ago. I have long ago aged out of crime. Statistics show that elderly offenders have a low risk of reoffending. Where less than 1% contribute to recidivism. Additionally, since 2007, some 500 parolable lifers have been paroled, and none have committed the same crime for which they received the life sentence.

In a WXYZ Channel 7 News special by Investigator Ross Jones on December 18th, 2020, he covered the enormous COVID-19 outbreak in the Michigan Department of Corrections. He reported according to the MDOC of the then 108 prisoner deaths from COVID that half were serving life sentences and would not have been released anyway. Well, this is an inaccurate report because those serving parolable life sentences are often paroled, as mentioned above. Furthermore, over the years many governors have commuted the sentence of those serving life without parole sentences. Former Governors – Milliken, Blanchard, Engler, Granholm, and Snyder all commuted lifers. In 2018, Snyder commuted 25 lifers, and pardoned 36 others, a total of 61. Former Gov. Jennifer Granholm commuted over 100 lifers. So, the notion that half of the COVID deaths in the MDOC weren’t getting out anyway is dispelled. Ross Jones report didn’t get his facts right. I called his number at the Free Press several times, in an attempt to let him know he got that portion of the story wrong, but only got his voicemail.

The public needs to know that parolable lifers aren’t this perceived worst-of-the-worst offenders, that we’re often characterized as, actually we are the most well behaved, serve as tutors and mentors, and by many accounts from MDOC staff, are model prisoners. In a letter signed by former MDOC directors, wardens, staff, and parole board members, parolable lifers make the best and safe candidates to let out on parole.

Now that over 27,000 MDOC prisoners have contracted the Coronavirus, and 143 of that number have died from the disease, which includes the half that according to the MDOC and Ross Jones would not have been released anyway (an inaccurate statement) because hundreds of lifers have been released in recent years, and hundreds more are eligible for parole consideration by a long-standing Michigan law. In news coverages, its been repeatedly said, the MDOC have considered those who are eligible for release and there isn’t anyone else they could release to tackle the COVID crisis.

My question is: Why not release parolable lifers who have served 35, 40, 45 plus years, and no longer pose a risk, threat, or danger to public safety? This particular group of offenders continues to show they are the best and safe candidates to be released, especially now that COVID-19 is raging through the MDOC and causing the death of vulnerable high risk prisoners. If the Michigan Parole Board keep refusing to release parole eligible lifers, then they’re virtually and unequivocally contributing to the premise of parolable lifers serving a de fecto death sentence. No longer should the Parole Board defy statistical data, sensible reasoning, fundamental fairness, and common sense, when its been proven that 99% of parolable lifers successfully complete their parole obligations, conditions, and terms. Enough is Enough!!!

– SAVE TENS OF MILLIONS BY RELEASING ELIGIBLE PAROLABLE LIFERS –

 

From the coauthor of “Rehabilitation in Prison”
Sean D. French – On behalf of The NATIONAL LIFER’S ASSOCIATION