First-Timers, Second Chances, and Third Tries?

Dear Commonwealth of Virginia:

Almost needless to say that the Second Chances bill being tabled again was a huge disappointment. It revealed to me more about our government, our society, and the perception of both towards those convicted of violent offenses. It also reveals the true intent of the delegates who were voted into office on the premise of this Second Look bill being pushed through and passed. There is no way to sugarcoat the fact that our government and our society wants us to rot and die in here. This issue regarding the Commonwealth and the victims having the power to veto a felon’s petition, along with last year’s issue regarding the attempt to pass the bill but not allowing it to be applicable to guys convicted of first degree/aggravated murder—all of it is and has always been smoke and mirrors, especially considering that parole has been abolished for, what, 30 years now? Our government and our society never had any intentions of passing a bill that would give a convicted murderer a second chance at hope.

Our most recent and far distant history doesn’t display a government or society receptive to any form of change that involves the evaluation of one’s rehabilitative progress, the science behind immature brain development in those who may have been adults by legal standards but children by scientific measure, or the mere fact that the courts may have dropped the ball during one’s trial and/or sentencing. Is it so farfetched to believe that there are guys in here who are innocent, wrongly convicted or unjustly sentenced because they were represented by public defenders who all but fell asleep during the proceedings, their unconstitutional blunders unchecked due to filing statutes that are strictly applied to prisoners who know little to nothing about the law?

Each case is filled with circumstances that differ drastically from the next. That Second Look bill was an opportunity for us to get objective consideration for our whole life! From our childhood/upbringings, the circumstances of our cases, to the errs of our trials and sentencing—facts that may not have been presented and information that may not have been considered, all the way down to time spent incarcerated, how that time was utilized, progress made, accomplishments achieved, etc. But we’re not dealing with a government or a society that cares about any of us any more than it cares about the dynamics of incarceration—the ancestry of this state being the motherland of slavery and the accepted attitude of such principles, the corporations that make millions of dollars off the incarcerated and their loved ones, and this overwhelming need to punish, yet this dismissive sentiment towards the restoration of one’s character to a condition of good.

Whether you want to admit it or not, It has never been about Justice as much as it has been about the almighty dollar. Verdicts are never about an accurate, impartial judgement as much as it has been about securing a conviction. Truth is, it’s only about wins and losses and checks and balances. That’s all it has ever been about. Prison and incarceration are big business, and stockholders have every intention on protecting their interests…but at whose cost? If you knew, without a doubt, that Justice was just another form of commerce within this capitalistic structure, would it even matter to you? If you knew of one who has been convicted and sentenced to LWOP who is actually innocent, an outcome derivative of a prosecuting attorney who was able to get an overburdened public defender to sell out his client and score another conviction, would you even care? If so, to what extent? Enough to say, “that’s unfortunate…” but not enough to throw rocks at the monster that is our Justice System. Or what about post-conviction remedies such as the Writ of Habeas Corpus that have extremely short time caps that are strictly applied to indigent offenders who, in most cases, don’t even know what their constitutional rights are?! Would it even matter to you to know that if one fails to file that writ within the one-year statute of limitations, he’s S.O.L.? What a shame it is to know that our society isn’t even aware or knowledgeable of the system that they believe so righteously in.

Notwithstanding the fact that I’ve been incarcerated for decades, it’s worth mentioning that I haven’t been a bystander in the constant flow of time. I’ve studied the constructs of these institutions of confinement; the laws that govern them, the unspoken dynamics of prison culture, and the effects this place has on our spiritual, physical and mental health. I write about it, both therapeutically and informatively. I speak about it. I listen to the many stories of those who’ve been conquered by it. I’ve even tried to find examples of this cemetery of live human beings in nature, to no avail. Ask yourself what creature captures and imprisons its own kind for a duration that is without end? That brief pause of silence says a lot about our government, our society and ourselves.

Imagine a society absent incarceration, not so much because of what it is and what it signifies, but because its existence strategically becomes unnecessary. This flawed, broken and corrupt system has always been what it is and does exactly what it is designed to do. However, I believe that if we, as a people of all races, of all ages, of all walks, beliefs and economic classes began to care more about each other, this system could not find one weakness of us to exploit. Concepts such as accountability, grace, rehabilitation, unity and forgiveness would have greater meaning if we changed our perspective about our neighbors and tried discovering connections instead of searching for differences. It’s by way of our own ignorance that this system has any power at all.

This will be the second time this Second Chances bill got tabled. Maybe third time’s a charm? Nevertheless, for those who are innocent, wrongfully convicted or unjustly sentenced, had it not been so, the victims would’ve had to accept Justice in her true essence—blindfolded and scales balanced. So no, this year’s tabling of the bill had very little to do with the victims having a power to veto petitioner’s request for Second Chances review. This was solely about us first-timers acquiring the Second Chances that we’ve earned and not giving this system the pleasure of requesting a third one.

From the depths of my disappointment and frustration, I still wish you well.

El Presynt #1182513
Keen Mountain Correctional Center
3402 Kennel Gap Road
Oakwood, VA 24631