MISCARRIAGE OF JUSTICE

The Case of Donald Jones

By Lord Serious

Miscarriage of Justice. Decision or outcome of legal proceeding that is prejudicial or inconsistent with substantial rights of the party. (Black’s Law Dictionary, Abridged Fifth Edition)

Donald Jones was a blue collar hard working father of four children in 1994. He never imagined that by age 20 a false accusation would have him fighting to get out of prison for the next 30 years. His 1995 conviction for Abduction and Aggravated Sexual Assault after a bench trial in Petersburg Circuit Court before the Honorable Judge Oliver Pollard forever changed his life. “The judge sentenced me to 95 years with 5 suspended”, says Mr. Jones.

On 11/13/95 an unknown person sent his trial attorney Paul Bland a file containing information that an additional forensic report existed which had never been disclosed to Mr. Jones or his attorney.

The Commonwealth’s Attorney’s Office had withheld exculpatory evidence that supported Mr. Jones’s claim that he was an innocent man. In light of this newly discovered evidence Judge Pollard stayed Mr. Jones’s sentence until he could review the file and take the matter into consideration. This court order to stay Mr. Jones’s sentence could only be overridden by a new court order. However, as a result of a clerical error Mr. Jones’s sentence and conviction were reactivated and he was transferred into the custody of Virginia Department of Corrections (VDOC) without a valid sentencing order on 1/18/96.

Ironically, when VDOC became aware that Mr. Jones was being unlawfully detained they contacted Petersburg City Jail to inform them that Mr. Jones would have to be released from their custody. Apparently, because his sentence was stayed on 11/15/95, Mr. Jones was a free man as far as VDOC was concerned. But officials at the city jail misled VDOC into believing that there was a retainer on Mr. Jones. It was unclear to VDOC whether Mr. Jones still had jail time to serve or if he would be resentenced at a later date. On 7/23/96 Mr. Jones was transferred back to Petersburg City Jail.

He had recently hired attorney Joseph Morrissey to represent him. According to Mr. Jones, his new attorney filed a Motion to Vacate his conviction. But when Mr. Jones went back before Judge Pollard the Motion to Vacate was never heard. Mr. Jones claims that it was at this time when Joseph Morrissey presented him with a plea bargain for 20 years. “They were trying to hide what had been done, because they knew I couldn’t be sent back to prison under the same vacated sentencing order.” Mr. Jones claims that Judge Pollard’s 11/15/95 order to stay his 90 year active sentence required a hearing to review the suppressed exculpatory evidence. “I know Joe Morrissey was in on it”, Mr. Jones fumes, “he sold me out.”

When Mr. Jones refused the plea deal Judge Pollard held an illegal hearing by resentencing him once again under that old conviction order which Mr. Jones claims the judge could no longer do. “The court had lost its jurisdiction once 21 days had lapsed on the order to stay my sentence and they transferred me into DOC custody.”

On “9-10-96 Petersburg Circuit Court upheld the sentence of 10-26-95. Mr. Jones has a total of 90yrs to serve” (DOC Memorandum dated 10/2/96). Mr. Jones was transferred back into VDOC custody on 9/11/96.

This is the story of how a loving father of four had his life torn apart, and how the man Donald Jones became inmate #1076927. For 30 years Mr. Jones has had to live with the mistakes of others and suffer the consequences as if they were his own. Mr. Jones has lost more than his employment and yearly salary as a dump truck driver. He has been deprived of his God given right to be a physically present father and raise his kids. Mr. Jones has missed out on birthdays, graduations, the birth of his grandbabies, and the ability to protect his children.

In 2014 his youngest son Jaymonta Jones was gunned down in Petersburg, Virginia. “I could see the effect his brother’s death was having on my oldest son Jamar. I knew I was losing him and there was nothing I could do about it.” Within eight years his oldest son Jamar Jones would be murdered too. Another victim of senseless gun violence in Petersburg. “I’ve had to bury both of my sons from the penitentiary”, Jones told me.

It is clear that prison has taken a lot from Donald Jones and he has had to carry a burden that no man should be forced to bear. But he doesn’t let his circumstances discourage him. Mr. Jones told me that he had done everything within his power to get his case back in court and overturned. But appeal after appeal was denied.

He said, “I didn’t know what else to do, or who I could turn to. So I kept faith and prayed.”

Whenever I’ve observed Mr. Jones, he is always giving a kind word or helping others. I asked how he was able to get his case back in court after so many years had passed? He replied, “One day my counselor observed me fixing guys a meal in the mental health pod during the holidays. Which is part of my ministry, it’s something I did for every major holiday. When this woman approached me and asked me, “What can I do to help you make parole?” I told her that in 1996 Greensville Correctional Center released me after it had been discovered by a staff member that my sentencing order and conviction had been stayed and vacated by my trial judge. I told her that DOC sent me back to the jail, because DOC could not keep me in their custody without a valid sentencing order. But no one will believe me.”

Mr. Jones then informed me that his counselor was now more determined than ever to help him regain his freedom. According to Mr. Jones this woman told him that she would check his files to see if she could locate anything of use to him. And if she did then she’d provide him with a copy.

Sure enough, after her lunch break his counselor returned with a file. She handed him the documents and that there was a sticky note attached to them that read “Whatever you do, never give inmate a copy of these files”. When Mr. Jones inspects the contents of the documents, he finds a handwritten copy of the very documents he’s been trying to get access to for 20 years.

Mr. Jones informed me that the prison records department refused to allow his counselor to remove the file or make photocopies of it. So she made a handwritten copy and uploaded its contents into his Coris file which is the database system VDOC uses to keep track of inmates within their custody.

The counselor allegedly tells him, “I told records that this can’t be legal and if it’s his files then he can have them.” Mr. Jones assures me that these were the woman’s words verbatim. He’s asked me not to identify her by name, however, he seems confident that if it would help his case she would be willing to answer any questions and even testify under oath in open court to these facts.

With this new evidence of government suppression Mr. Jones was now able to get his case back into court and fight for his freedom again. He wrote the courts requesting a copy of his case file. Hoping it would contain an actual copy of the document his counselor provided him. But Petersburg Circuit Court refused to furnish him with a copy of his case file. He alleges that his numerous attempts have been frustrated by a clerk named Harold Johnson.

When I asked Mr. Jones what reason would Harold Johnson have to interfere in his attempts to regain freedom? He claimed the two of them have a history of bad blood. According to Mr. Jones, he and Harold Johnson had a physical altercation when they both were younger. I questioned whether Mr. Johnson would actually violate the law and risk his career over something so juvenile? And Mr. Jones told me the following story:

“One day I go to my baby mama’s house to see her and my daughter. And this guy is there sitting on the couch next to my baby mama with my daughter on his knee. I walk over and pick my daughter up then I tell him “Alright, you can leave.” He gave me a look and before he could get the words out of his mouth I smacked him in the face. He then got up and left.”

Mr. Jones alleges that Harold Johnson has been holding a grudge against him ever since, and though Mr. Johnson is now a married man; Harold Johnson has continued to carry on an extramarital affair with his daughter’s mother throughout his incarceration. Mr. Jones claims whenever he sends family members to the courthouse to purchase a copy of his files, they are told by someone at the clerk’s office that a judge needs to review their request before his files can be released.

I remind Mr. Jones that his court records are public record and anyone should be able to get access to them if they’re willing to pay for the copies. He replies, “I know.” When I asked were his files or court proceedings were under a court seal he responds, “No.” Mr. Jones continued, “Harold Johnson is one of the top clerk’s at this office, and still to this day my files still haven’t been released to me.”

As we further discuss his case he reveals that the suppression of evidence and government interference goes even further. Recently he has uncovered new exculpatory evidence- biological evidence that has been suppressed. I asked him how he acquired this evidence without going through the clerk’s office? He reminded me of a mass email that was sent out by VDOC to all offenders. The August 22, 2024 email stated the Department of Forensic Science was reviewing all cases from the 1970s to 1980s that were worked by Mary Jane Burton due to possible corruption.

His case happened in the 90s. But he figured that if Mary Jane Burton was involved in a cover up then it was possible that the forensic scientist who worked on his case was involved in a cover up too. Mr. Jones was resourceful enough to get the address to the Department of Forensic Science from that email and he wrote the lab himself.

Within a few weeks Mr. Jones received a response from the lab, and within the contents of it he found a certificate analysis for a blood test. This report revealed that special instructions were given by Commonwealth’s Attorney Bill Bray instructing them to stop further testing and that a separate report was written. Furthermore, Commonwealth’s Attorney Bill Bray personally collected the evidence himself from the lab. The findings of the blood test revealed that the contributor was likely someone of Hispanic descent. However, the other report that was written which was not sent to him is still being withheld by the Commonwealth’s Attorney Office. Mr. Jones argues that this separate report likely contains the certificate of analysis and the findings of a DNA test. I remind Mr. Jones blood tests are less reliable than DNA evidence, and he suggests that this is why it is being suppressed. “They don’t want me to get my hands on it cause they know it will free me”, says Mr. Jones regarding the potential exculpatory evidence. Mr. Jones says Commonwealth’s Attorney Bill Bray has a duty to disclose all of the evidence to him, but he’s been violating the law for 30 years.

Since 2016 Mr. Jones has filled the following motions and petitions within Petersburg Circuit Court, Virginia Court of Appeals, and the Supreme Court of Virginia:

Motion to Vacate in 2016
Writ of Coram Nobis in 2022
Appeal to Virginia Court of Appeals in 2023
Supreme Court of Virginia rendered judgement September 12, 2024

The presumption of guilt after conviction and entering DOC custody may not be an impossible hurdle to overcome for prisoners. Nevertheless, for Mr. Jones the task has been an extremely daunting one. Donald Jones is deserving of additional judicial review and a fair and impartial hearing on the merits of his claims. Yes, he has had his day in court, and he has had multiple appeals, petitions, and motions denied. However, not every trial is fair; not every guilty verdict is lawful; sometimes, innocent people get convicted and a miscarriage of justice occurs. Therefore, this direct appeal is being made to the hearts and minds of the public. Because in a democracy the Court of Public Opinion has always been the supreme court of the land.

We, the incarcerated, the disenfranchised, get manhunted as social deviants, corralled as criminal offenders, branded as felons, and occasionally, released back into society as returning citizens. For most of this time we are kept separated from the public by time, distance, and the cement walls which barricade us. A rather crude merger of conditions which has the sterilizing effect of muting our voices. No one in the criminal justice system heard this man’s cries for help.

We the incarcerated, the disenfranchised, make no claims at being perfect. However, there are those cloaked in the awesome power of public office who set out on a crusade to convince the world that the criminal justice system is perfect. Yet, every year there seems to be more people getting their cases overturned. The public is appalled to learn that government corruption and suppression of evidence is responsible for causing these wrongful convictions. These miscarriages of justice are far too common today, as the prison industrial complex finds it more difficult to manage the problems caused by mass incarceration: the public defender offices with far too many caseloads; prosecutors offices whose annual budgets are determined by the number of felony cases they charge; and, the Black men like Donald Jones, who come from impoverished communities and who are disproportionately denied justice in courtrooms nationwide.

For all of the above reasons We, the incarcerated, fast and pray this Court will grant the relief sought.

P.E.A.C.E

Pardon Exonerate Amend Cases Everywhere

Of Racial Injustice

This expression of accuracy, aligns to verify a truth that has been shown as a “RACIALLY MOTIVATED ACTION” by the Virginia Beach Circuit Court, as well as an unknown number of City and County Judges throughout the State of Virginia, intending to increase the Prison Population with the unfair sentencing of Black Men and Women in the State of Virginia. While some may consider this to be an “unfair speculation”, I assure you that the record and the research of past Criminal offenses, will not only show the discrepancies in sentencing practices in the Va. Beach Circuit Courts, but also the unfair sentencing practices that exists throughout the State of Virginia, as well as every other State to make up the sum total 50.

Due to these VERIFIABLE Decisions/Judgments, it’s painfully obvious that there WAS and IS an empathetic “benefit of doubt” giving, this is and continues to be extended to White people, over Black and Brown People. While the STRICT enactment of the “Tough On Crime Bill and its Harsher Sentences” created far more hardships, than lied about; it’s rigid application, has resulted in the Black Males being found guilty of Criminal Offenses that are identical to White Males, but when it came to sentencing, Black Men and Women were sentenced to a much longer term of incarceration.

While the inaccurate titles of “Conspiracy Theorist” or “Angry Black Man” is likely to be spat, but when this act of racism is spoken about, such an unwarranted labeling only confirms the arrogance and audacious mentality of the people who are appointed to “Judge and Punish” by an ethical balancing. There are TOO MANY factual occurrences that will show the biasness of these robed officials, who continue to cloak their devious ideologies with the letter of the law.

But tell me…WHEN THE FACTS can be shown by researching the sentences of Black and Brown People Convicted and Sentenced for Felony Homicide, and those researched numbers, when compared to the number of White People Convicted and Sentenced for Felony Homicide, the flagrant discrimination is revealed. So tell Me, will “THEY” change the unwarranted attachment of inappropriate naming, when the revelation of “lopsided” Justice, accurately shows the “Black and Brown People Who Were Unjustly Tried or Unfairly Sentenced”?

Shouldn’t the findings of an honest comparison, be deemed UNJUST if the findings reflect a Judicial imbalance, when different people are before the Court? While Harsher Sentences are the result of a “Tough On Crime Bill” that utilized fear mongering tactics to fill the coffers of State Officials, as well as the individual “stakeholders” of Corporate and Privatization plannings, that would come to exploit the Incarcerated Person as well as their loved ones.

The Imprisoning and Warehousing of Black Men and Women hadn’t only become “BIG” business, but an oppressive reason to “over police” low-income neighborhoods, which are predominantly Black or Brown communities, due to stratification and the socioeconomic circumstances put in place by Legislative Officials, who saw low-income housing as Political Catapults for career minded Politicians.

I mean, how hard is it to figure, when the of Jury of my Trial Proceedings, UNANIMOUSLY ACQUITTED me of a Firearm I never possessed or used? That very “acquittal” has a GIGANTIC importance, with a SUBSTANTIAL VALUE to my incarceration. Not only did the ACQUITTAL remove the Firearm from my possession, but it also proved the IMPOSSIBILITY of me, being responsible for the act of First-Degree Murder that had been committed! These verifiable FACTS, ELIMINATES any accusation of a Violent Act being committed by my hands. And since the trial Jury had determined that I DID NOT HAVE or USE the weapon proven to have killed the victim, the determined verdict clarified the “lack of any physical action” committed on my part, thus proving my innocence ON IT’S FACE(meaning: Absolutely Obvious)!

But even as a “NONCONTRIBUTING ACCESSORY” in the crime committed, there was NO EVIDENCE to show that I knowingly or unknowingly, Aided; Assisted; or Abetted, by Actions; Words; or Gestures! Nor was there any evidence to support the accusation, that I had prior knowledge of any intention to commit a crime, let alone the crime of First-Degree Murder.

With all of the FACTS I just conveyed to you, being accessible to the public, I HEREBY ACCUSE THE VA. BEACH CIRCUIT COURT, OF DELIBERATELY SENTENCING ME TO A TERM OF CONFINEMENT, THAT WOULD EXCEED THE TERM OF CONFINEMENT MY “WHITE” CODEFENDANT WAS SENTENCED TO, AFTER BEING FOUND GUILTY OF ALL INDICTMENTS, DECLARED “TRUE BILLS” BY THE GRAND JURY! THE NUMERICAL TERM DIFFERENCE IS ’10’ YEARS! PER THE VERIFIED SENTENCE SUMMARY, MY “WHITE” CODEFENDANT WAS SENTENCED TO LESS TIME ON EVERY CRIMINAL INDICTMENT! AND EVEN THOUGH I HAD BEEN ACQUITTED OF THE VERY INSTRUMENT USED TO COMMIT THE CRIMINAL OFFENSE; HE WAS FOUND GUILTY OF ‘USE OF A FIREARM IN THE COMMISSION OF A FELONY’, AND I STILL WAS SENTENCED TO A MORE EXCESSIVE AMOUNT OF TIME!

For the record, He received 29 years total, and I received 39 years. Where I was sentenced to 25 years for First Degree Murder, he was sentenced to 20 years! Where I was sentenced to 10 years for Attempted Robbery, he was sentenced to 6 years! Where I was sentenced to 4 year for Conspiracy, he was given 12 months! Where I was ACQUITTED of Use of a Firearm in the commission of a felony, he was given 3 years!!! That’s just to put things in perspective for you. I was TRIED; CONVICTED; and SENTENCED to 4 decades, for BEING BLACK!! That’s not what I’m saying, that’s what the facts has shown!

-Alfonso Skyles

There has to be a better way…(part I)

I’m doing 10 years in Virginia State Prison, for Involuntary Manslaughter, for the accidental overdose of my late girlfriend Nicole Shifflet. My story needs to be told, hopefully to help prevent another overdose, promote overdose awareness, to educate, and put a spotlight on Virginia’s Good Samaritan/ Overdose Protection Law (18.2-251.03).

On 8-11-2020, my girlfriend Nichole “Nikki” Shifflet wanted to come and stay with me for a couple days at my hotel in Williamsburg. Nikki and I are both addicts and have multiple mental health diagnosis as well. We met each other at an assisted living facility for people with mental health problems. The Monday of the 10th, Nikki starts to make plans to get a ride to me, I was on the chase to get my daily dose of heroin (dope, as I will refer to) with my dealer/friend. We go and get some dope, some crack, and some weed and we are headed back to my hotel. I met Nikki at a 7-11 and paid her friends some cash and weed for bringing her and waiting for me. We went back to my hotel, my dealer/Friend left and went to his room down the hall. We started using the drugs i bought, we had sex, then we went swimming in the pool for a few hours came back and showered together used more drugs then we went and got snacks, and then ordered dinner from the bar. We went back to our room and used some more, got in bed and hooked up again and then went to sleep. Around 12:30 am on 8-12-2020 my dealer/friend came knocking on my door and woke us up, he asked me if I had any dope left from what he sold me earlier, I told him I had a little bit left for the morning. He then said he could not re-up until later the next morning, that he had some more crack we could all smoke if I shared the dope with him and he would give it back once he got more later that day. He came in we all started smoking crack together, I gave him the rest of the dope. He poured some on the table and sniffed a couple lines, and Nikki asked if she could try some, I told her no way, baby you do not even use dope! I told her that this stuff was really strong and how all dope nowadays probably has fentanyl in it. We argued back and forth and the dealer/friend said a lil bit would not hurt anybody, so I gave up arguing and he scraped a little tiny bump and handed her a rolled up bill and she sniffed it, said “thank you baby, I love you” and gave me a kiss then hopped up on the bed next to the table we were all sitting at. She was smoking a cigarette and I prepared to inject ( i was the only IV addict) the rest of the dope while we were all talking and laughing. The next thing I know she was no longer holding my hand and she was not responding. I jumped straight up and started trying to wake her, I told my dealer/friend she was overdosing. I grabbed a Narcan nasal spray and administered it while I started calling 911. The dealer/friend freaked out and said he was not sticking around. He said that I had it under control and not to tell anyone he was there, and he ran away and hid. I was already giving CPR as he left and was telling 911 operator what happened. I never gave up, I never left her, I kept her alive until police and EMT took over, they told me to wait in hallway, I was devastated and could not stop crying and asking if she was going to be okay. I was told over and over again that I did everything right and everything I could, it was now in God’s hands. She never went without oxygen, and she had a breathing machine on her when they took her to the hospital.

The police asked me what happened and I told them she sniffed heroin and fell unconscious they started taking pictures and picking up all the drugs and paraphernalia that was in view( I never attempted to conceal anything, my only concern was for Nikki!!). Unfortunately, Nikki passed away 3 days later from ” Cardiac arrest, caused by acute combined cocaine and fentanyl overdoses, with chronic substance abuses contributing”. I was and still am trying to understand how she didn’t recover, why I was spared? She was an amazing beautiful young lady, a mom of a 6 year old son! Exactly one week has passed, now I am completely out of control and using so much trying to kill myself. I am arrested by Williamsburg Major Crimes Division, for possession of drugs and paraphernalia from the night of Nikki’s overdose. I tell them I will only talk with a lawyer present. I’m released on bond because my lawyer tells me the charges are bogus and can not stick because I 100% qualify for relief from Virginia’s Good Samaritan Law. I go to detox, trying to get help, and go to rehab. But this is the height of the pandemic and there is no bed space available.

I keep trying and trying relapsing hoping I would OD and join Nikki. Eventually, the charges were dropped, because I qualified for 18.2-251.03. I still could not deal with the loss or get the help I needed, so I ran away from everyone I knew and hid at a house in my hometown with no power until I was arrested on 2-16-2021 for probation violation. The same cops arrested me and wanted to know what happened the night of 8-12-2020. I waived my Miranda warning thinking I could tell them the truth because #1.) I was not a drug dealer, #2.) I did everything I could to save her, and #3 the Good Samaritan Law. I was so hig#h at time of my arrest, I was scared, vulnerable, and fell for the bullshit line the cops were telling me!

I originally said that Nikki had her own drugs, my only lie, but then I told them everything that happened every detail over and over again. They said they wanted to make sure there was no foul play that everybody knew what drugs we were using. They asked me who paid for the drugs, I told them I did over and over again. The interview ended when I realized (sobered up!!)

Tyler McMillen(#1502960)

Glouster, VA.

Lunenburg Correctional Center

THOUGHTS ON VIRGINIA’S CRIMINAL JUSTICE SYSTEM

by Lord Serious

The sooner the inmate population within the custody of Virginia’s Department of Corrections learn that the General Assembly has no intentions of passing any real prison reform legislation, the quicker they will begin organizing their own political coalition to force their hand. Neither the Republicans, nor Democrats, in Virginia’s state legislature have any interest in passing any substantial laws that will effectively reduce the inmate population. Neither are they willing to pass any substantial legislation that will effectively prepare us to reintegrate back into society as a rehabilitated men and women.

So you want to know my thoughts on Virginia’s Criminal Justice System? Here goes: this is a criminal enterprise ran and organized by a mob of slave catching, thieves, and murderers. The purpose of this system has always been to oppress and repress the movements of Virginia’s Black population and this will never change.

The prison population does not have to continue to hope and pray that the very people making a fortune off of warehousing us will one day become more humane and enlightened. We may “pay our debt to society” by serving time. But this does not mean we have to comply with their demands that we permit them to exploit us for our labor or our financial resources. We have the power to disrupt and dismantle this entire system, and we wouldn’t have to resort to violence in order to accomplish this either. All we would have to do is refuse to work, and boycott Keefe Commissary, Global Tel Link, and JPay.

They have to feed us, and clothe us. So all the inmate population would have to do is give up the luxuries and comfort gained from spending our money, and our family or friends money with these blood suckers.

This system cannot survive without our compliance. Therefore, since Virginia’s Criminal Justice System is just a continuation of the Old Dominion’s long history of keeping Blacks in chains and shackles. I’m of the opinion that we should stop playing by their rules. I think if these politicians and government officials are not careful, a day will come when people in my position will stop waiting for these corrupt politicians and slave drivers to free us. Instead, they will begin thinking up ways to hit these slavers where it hurts.

As long as the expense of housing prisoners can be covered by the tax payer, the politician and government official can balance the budget.

But what would happen if the inmate population stops cooperating with this system, and they removed their monies from their DOC accounts? What if prisoners stopped allowing themselves to be used as a source of revenue?

What would happen if this same inmate population decided to cost the Department of Corrections money in other areas as well? What if there suddenly was a spike in the cost of medical treatment due to more inmates requesting sick call? What if there was an exorbitant spike in the cost to replace broken or damaged state property, because the inmate population suddenly became a lot more clumsy or careless?

What if every criminal defendant took their case to trial and opted for a jury trial? But before the verdict was brought in they had a psychological breakdown in the presence of the jury that caused them to become such a disruption in court that it forced judges to declare mistrials?

This may not amount to much in days, or even months… but what if this type of non-compliance and correctional disobedience was employed for a span of years? I wonder how much money this would cost Virginia’s Correctional System? Would their corporate executives still receive their Christmas bonuses? Or would they find that their ledgers show a decrease in profits and the slave business and the mass warehousing of human beings isn’t as lucrative as it used to be?

It is my opinion that it isn’t too inconceivable for these things to start occurring should the Virginia Criminal Justice System continue to refuse to accommodate the inmate population’s modest request to pass legislation that will permit both violent and nonviolent offenders with an equal opportunity to earn up to 30 days of additional Good Time at a GCA Level I.

Life demands a balance and if you are not treating people fairly, then the universe will produce an individual who will come amongst you to reset the scales.

Lord Serious is an activist and the author of one of the most controversial books of all time. Apotheosis Lord Serious Hakim Allah’s Habeas Corpus Appeal is a must read for those who hope to understand the era of mass incarceration through the eyes of today’s modern day slave.

It is available at https://www.amazon.com/Apotheosis-Serious-Allahs-Habeas-Corpus/dp/1734220201

The Hustle of Fairness and Equality in America; a Perspective of a Presumed ‘Violent’ Offender

By Sincere Born Allah

I’ve been up since 3:30am having full on (out loud) conversations with myself about random topics. They share a common thread; my current standing as an incarcerated man and the Virginia legislators’ weak arguments (and misinformation) regarding overall prison reform (or lack thereof). These conversations I’m having with myself aren’t unlike the many I’ve previously had with myself (and others) regarding this subject. However, this time it was a couple of hours before I realized I was giving a speech and passionately debating “myself” (out loud). I’d like to think that I’m mentally stable yet there are moments like this when I’m not 100% sure of that (is “Mentally Stable” a relative term? like the term “Normal” hmmm). I acknowledge the fact that I’m off a lil bit. To what extent is what I am unaware of and that worries me the most. How far gone am I? How much longer do I have before I mentally enter a point of no return having spent that last 22 years incarcerated?

Anyhow, let me set the tone for you. I really need you to take a moment to envision this: I’m sitting in a cell listening to my second favorite Tupac song, “White Man’s World” (for context please listen to this song on repeat at least 3 times with NO DISTRACTIONS), and there is a verse where he says: ‘Do you love me momma, why they keep on calling me NIGGA / get my weight up with my HATE and pay’em back when I’m BIGGA.’ Then laced throughout the song are excerpts of Minister Farrakhan’s Million Man March Speech (I was at the million man march standing in the crowd listening to that speech October 16, 1995) and Stokely Carmichael. In one excerpt Farrakhan says: (speaking directly to white legislators) “You’re out of touch with REALITY! There are a few of you in a few smoke-filled rooms calling that the mainstream while the masses of the people… white, and black, red, yellow, tan and brown poor and vulnerable are suffering in this nation” Think about that for a moment. What comes to mind when hearing that? The song ends with Farrakhan saying, “The seal in the constitution reflects the thinking of the founding fathers that this nation was to be a nation by white people and for white people.” “Native Americans, Blacks and all other non white people were to be the burden bearers for the “REAL CITIZENS” of this nation.” I was 13 or 14 when I first heard Farrakhan speak in Boston at Prince Hall lodge. I was 15 when I heard him again at the Million Man March and at that time I couldn’t (or didn’t) appreciate the depth at which he spoke directly to me and my condition. And those of us that were able to witness the prophetic greatness of Tupac can agree that he was so far ahead of his time – that most of his music is only now being understood and used at universities as a course of study 25 years after his death.

The first part I want to address is getting my “weight up with my hate and pay’em back when I’m bigga.” I’ve learned that the phrase “getcha weight up lil’ nigga” means more than your physical stature. In life, we are assessed by our ability to think independently. Our intellectual prowess can only be developed and enhanced through problem solving. So, like using weights for our bodies to get bigger, we must challenge our minds in the same way in order to be respected and allowed entrance into certain arenas. Hate is second only to fear as the greatest individual motivator (I’m sure I do not need to give you a history lesson to support that claim). Just for the purpose of this essay, think of the KKK and Hitler as the most recent examples of targeted Hate and Fear. When you’re a gazelle amongst lions your hate for and fear of the lion will still get you eaten. However, the elephant doesn’t worry about the lion. Their physical stature and intellect keep them thriving. My hate was so strong at one point it consumed me. But at the same time it motivated me to figure out how to better position myself against my enemies (those that I have and haven’t identified). I wanted to be a knockout artist and fight like the legends behind these walls. I did that through boxing (check). I wanted to make sure I was never the dumbest person in the room and able to mentally spar with the master builders in any cipher like the great scholar James Baldwin (check). My payback won’t be complete until I’m home and successful in my work (soon check).

Now, there’s the part where Farrakhan speaks to the politicians “a few of you in a few smoke-filled rooms…” those back room closed door secret meetings by the powers that be are commonplace in a system built on secrets and lies in order to perpetuate the original agenda of this nation. For example, we just witnessed Virginia legislators elect a Crime Commission to do a study that came back HALF-ASSED and INCONCLUSIVE (at best). Rather than wait a few more months to gather the necessary supporting facts and empirical evidence, lawmakers in the House and Senate rushed to create a bill for the special general assembly that essentially does NOTHING to truly address the issues of this current system. In fact the bill further marginalizes, dehumanizes and discredits thousands of individuals like myself who have put in the time and done all the work needed to make the strongest case for earning our freedom. This decision was made by a few people in a room playing GOD with what’s left of our lives and negotiating side political deals with “NO” new information available to them. How was this deemed okay to do and by who? The masses continue to suffer because it suits an individual agenda that is not directly affected by our constant suffering.

There is a clear answer to the question: is this the Virginia Dept. of Corrections, or the Virginia Dept. of Human Warehousing? There is no other nation in the world that treats its people like this. Not even Nazis convicted of the most atrocious crimes against humans were forced to serve more than 25 years in prison (there were some sentenced to death). This nation claims that Justice is BLIND, yet amazingly a very specific and targeted group of people are still fighting for justice and equal rights because somehow lady justices’ blind ass can still SMELL MONEY and HEAR when a NIGGER is in her presence. SHE may be blind but these policy makers sure as hell aren’t. They can see just fine. The proof of this is in this nation’s recently exposed history and current policies including Gerrymandering, Redlining, Tough on Crime, War on Drugs, Stop and Frisk, Slave Codes, Three Fifths Compromise, Mass Incarceration, School to Prison Pipeline, Segregation, and Slavery. All things justified, upheld and made possible through this so called justice system. The exact same system we now expect to just suddenly change and start benefiting us or working in our favor. That kind of change will only come by force and that force has been and will continue to be met with a greater more nefarious force. From 1555 (not 1619) until 2020 is 465 years. That is how rooted these systems are. You have to go back another 6,000 years to find the making of the mindset that created these systems (I Love History).

Now lastly Farrakhan says: “The seal in the Constitution represents the thinking of the founding fathers that this was to be a nation by white people and for white people.” 1776 is when this document was written. Black People Everywhere were still being hunted, kidnapped, tortured, openly traded and treated as property not people at that time. In fact, the government in 1787 (I believe), even went as far as to outline that no person of African descent can EVER claim to be a whole human hence the term “Three Fifths of a Man”. And for our Native American Brothers and Sisters we need only to remember the “Trail of Tears”. It took a Revolutionary war, Civil war, 2 World wars, Korean war, Vietnam war and a Civil Rights uprising over the course of 200 years to finally get this nation to acknowledge us as people (flesh and blood human beings). What do you reasonably think it’s gonna take for us to acquire JUSTICE and EQUALITY? My answer is 5 more wars and another 200 years, at the very least.

I laugh at the fact that seemingly every time we make a fuss and cause a lil disturbance (Good Trouble) we get thrown a bone and that bone is seen as a VICTORY…. Smh. Fools, it was YOUR bone in the first damn place!!! It’s just enough to either keep our mouths shut. Remember, to open your mouth again means to lose the bone that’s in it or keep us at odds with each other over who gets the bone instead of staying focused on the oppressor. Malcom X has a few quotes that I’ve proudly applied to my life, one of which is, “Be sure not to confuse Movement with Progress. You can certainly run in place and achieve movement and yet get NOWHERE” another is: “If a man stabs you in the back 9 inches deep then pulls the blade out three inches that doesn’t make him your friend or worthy of your gratitude.” These are timeless quotes, because half a century later, the conditions that made them relevant then still exist right now. Someone should have told the members of the Virginia House and Senate who so willingly accepted that bone and also celebrated the blade coming out 3 inches.

The promise of fairness and equality is the longest and most successful hustle this nation has been running on what it considers to be its inferior population. Hoping that next year, they’ll pull out another three inches of that 9 inch blade is INSANITY! There is no incentive for them to look at this again. These policy makers’ moral compass is guided only by MONEY. We counted on them to have some common sense, common human decency, and to look at the data and make adjustments accordingly. NONE of that happened. Instead they made life altering decisions with NO DATA whatsoever all in the name of MONEY and UNJUSTIFIED FEAR. And for those legislators who stayed SILENT (neutral) rather than take a stance on the RIGHT side of history and use their power to make a real difference , The Great Dr. Martin Luther King has this to say about you, “There is a time when your SILENCE becomes BETRAYAL”.

Now let’s address FEAR with FACTS, LOGIC, REASON, and REALITY.

As it pertains to those convicted of violent crimes, with the exception of an individual clinically assessed and found to have a depraved mindset, it has been proven on every continent in the world that age and length of time served drastically lessens the chances of re-offending (especially for another violent act) . Recidivism even goes as low as 0.1% for an individual that has served at least 20 years and is over 40. Men Lie Women Lie … Numbers Don’t!

Facts:

Prior to the enactment of truth in sentencing (85% no parole) violent crimes statewide and nationwide were already trending down and had dropped 110% (some as much as 150%) and have not wavered in the years since, while ALL other crimes have had drastic increases.
Truth in Sentencing 85% No Parole Law was presented and enacted with admitted faulty data (data compiled 5 years earlier and had not been updated by the time states had adopted the system)
Hilary Clinton and the President at the time Bill Clinton have both addressed this issue and apologized publicly for their mistake (especially Hillary Clinton for her fear mongering tactic of calling the inner city/urban youth SUPER PREDATORS that needed to be locked up and have the keys thrown away)
The federal government financially incentivized states to adopt this policy.
The only credit this law has actually been able to claim is the mass increase in prison populations for every state that adopted it and a HUGE staffing and budgeting nightmare in every one of those states as well. Annually Billions of taxpayer dollars nationwide are being funneled into a human warehousing system while schools and youth programs close due to underfunding. Affordable housing is scarce and homelessness is at an all time high.

The politicians are trying to lull us all back to sleep by crying about how hard their jobs are and how change takes time and doesn’t come overnight. Funny how in 1995, when these laws were enacted, there was no call for a commission to do a study that would take a year or two to compile nor did the department of corrections say that it would take 3 years to update their systems. This change did not come in pieces over a 25 year period (it’s been 25 years since Virginia has done ANY Prison reform). This shit came swiftly, sweepingly and immediately! By the time the ink was dry on the bill, Virginia had built 6 new prisons … 4 supermax prisons and 2 private prisons (Red Onion, Wallens Ridge, Sussex 1, Sussex 2, and Lawrenceville) all opened and filled to capacity by 1998. This prison construction boom happened all across America, almost like States were competing to see who could build the most and fill them the fastest . That kind of construction hasn’t been seen in this country since the “Big Dig” in Boston, MA.

I watched how a single incident can get a teenager 11 felonies and sentencing guidelines were thrown out the window. Teens (you’re still a teenager from age 13 to 19) were receiving de facto life sentences (50, 70, even 100+ years 85% NO Parole, NO Good Time) daily. At 17, 18, and 19 years old we were packed into these warehouses like the surplus population we have always been considered by this nation. Entire neighborhoods were turned into ghost towns with every kid missing from them as if abducted by aliens. I soon found out they weren’t missing at all and those weren’t aliens that abducted them they were Police Task Forces and now they were all locked up with no chance of returning until they (we) became useless burdensome old men (IF they make it to geriatric release age and are deemed suitable for release that is).

The generation before us was told that they still had value NO MATTER what their crimes were, and they were given the opportunity to prove themselves worthy and earn their way out of prison. They were told they still had redeemable qualities and if they did everything right while in prison, changed their thoughts and actions to be more positive and productive, then they could be released at an age where they could have a reasonable chance at a quality life and be an asset to society rather than just a long term liability. What makes the lives of my generation LESS worthy of that same opportunity? Our crimes are no different…

January 1995 marked the year that anyone born in 1980 could be subjected to the harshest policing practices and prison sentencing policies since the (old) Jim Crow era (we’re living in the new Jim Crow era right now).

An entire generation was specifically targeted for extinction – my generation. Sounds like a conspiracy theory doesn’t it? Well, ask Oliver North if it’s just a theory. Those military and CIA planes that were used to transport heroin and cocaine into the US were very real and so was his trial. Iran Contra exposed both George Bush and Ronald Reagan for being complicit in these deals. Among others, but Oliver North took the fall for his buddies. (Damn, how soon we forget.)

Those drugs ended up in every ghetto in America, then guns magically appeared all over these same cities as fast as the jobs and federal funding for housing and programs disappeared. Separately these things can somewhat be explained away, however add them together happening all at the same time all over the country and it becomes impossible to deny. I am convinced there is certainly no excuse or justification for a criminal act especially those committed against another person, however in that same breath I am certain there is always a reason for them.

Think for a moment about George Washington, a man celebrated and held in the highest of honor as a Founding Father (his crimes against humanity aside of course, I mean he did have his slaves teeth ripped out of their mouths and fitted for his own mouth when he felt like it, but we will gloss right over his brutal inhumanity for the sake of my point). He was under British rule and law when he committed treason and had he been caught he would have immediately suffered a treasonist’s death by hanging. So it’s safe to say that America does believe that good men like George break bad laws in order to change their circumstances and achieve what they feel is a more suitable outcome.

It’s a fact that crime and poverty are inextricably connected. Take away jobs and opportunities and replace it with drugs and guns and 10 times out of 10 you will get the same outcome ANY TIME, ANYWHERE.

I’m approaching 41 years of age and I’m in my 23rd year of incarceration on a 45 year prison sentence. I’ve made no excuses and took responsibility for my actions. I’m deeply remorseful for the pain that I’ve caused and the unnecessary loss of a life. I did need to and deserved to come to prison for the role I played in my crime committed. However it hasn’t taken me 45 years to correct and improve myself. It actually took less than 20. Although, I had no incentive to do so, because I was told I wouldn’t have a reasonable shot at life before 60. I made these changes on my own because I felt like my debt to society wasn’t to sit here self medicate and engage in a common prison lifestyle. My debt owed first was to the family of the victim, for me to show my remorse and actually change and then it was to society to help others make the same life changes I did. I recalibrated my thought process and then I became hopeful that it wouldn’t be in vane. I have hoped I would be one considered as worthy of a chance to prove my worth and value as a productive member of society long before even the age of 50. Anything beyond 25 years here is a waste of invaluable irreplaceable resources. I’ve improved my human capital and continue to do so with this hope in mind. This year’s General Assembly destroyed that hope and left thousands of men like myself hopeless and helpless.

– Sincere Born Allah #1131459 (Nottoway Correctional Center, Burkville, VA)

My Race is Not a Crime

Here we go again, DAMNIT MAN, I’m sick & tired of being sick & tired of seeing my people wrongfully oppressed by these so-called authority figures.

What possible reason could you tell yourself to justify shooting a unarmed man in his back seven times? I can recall during this journey (bid), talking with an elderly white man, and he gave me a piece (a very valuable jewel) that made so much sence, I must share it with you in hopes that somebody else “Gets It” –

Guns were made for hunting, & you only shoot what you hunt and plan to kill & “EAT”, and since I don’t eat people (not a cannibal), I don’t shoot people!

My being born black should not be a crime, nor should it dehumanized my existence, my right to live in accordance to the standards set for all! If you got an issue with my blackness, then take your complaint to the Creator of all, cause I’m not the problem here, but your views of my race, ethnicities, beliefs, & values are. At the present, we are dealing with two (2) pandemics. One that is new, and deadly claiming over 200 thousand lives, and the other that is over 400 hundred years old, with probably triple the equivalence of a death toll and still climbing here today. Covid-19 vs. Racism. Instead of trying to get a seat at their table, we, as a people need to build or own table. Its doable, especially when we’ve built this country up from our blood, sweat, tears, & ideals. This country, which we claim to love so much was actually built on the backs of our ancestors whom where stolen from their native land, enslaved & forced to do what the others refused to do & given the worst treatment in return. We were viewed less than human. Know your value & self worth, cause we all as a race (the human race) matter beyond what these mere words could ever express. All life is special, & should be cherished as such. That’s Real Talk, that’s Equality!

Sincerely, D. Moyler #1119539

Lawrenceville Correctional, Virginia

Prompt: (Non)/Violent Criminal Justice in Virginia

The fight to dismantle a racist criminal justice system and free disadvantaged minorities from the grip of systemic racism is an uphill battle… Fear is the prime strategy for politicians who favor long term confinement and profitable human warehousing, rather than opting to see the human soul as capable and worthy of rehabilitation. Fear is easiest, because it does not have to be given to anyone. It is primal, and everyone already has it in abundance.

I caught a bit of the Virginia State Senate meet on prison reform and wondered to myself how easy is it to hide the truth of profile-fueled mass incarceration behind the myth of a colorblind justice, and promoting “community safety” as a means of pumping more young black and brown men through the proverbial prison pipeline…

The senators, representing their respective counties, some for numerous terms and spanning decades of elections, stood to give their uninventive political spiel. Lofty, fear-writhed narratives framing Virginia’s prisons full of rapists, murderous lunatics who can’t for Christ’s sake ever be trusted with civil privilege again… That fantasy propagated by our state senate is far from truth… I’ve also come to find that most politicians at the state senate level just so happen to know numerous victims of overtly violent crimes, and no people incarcerated for crimes of any type. I found that concerning… it’s the tell-tell sign of a major disconnect between politicians and so many minorities who are faced with the ‘awesome’ fact of incarceration illy effecting their families and communities.

The senate pleaded for an amendment that extented the good time earning credit to only those incarcerated that have charges falling within the category of “non-violent.” This provision does not meet the cause for which special session was prescribed – reformation for racial and social justice. The simple fact being that most falling under the non-violent criteria happen to be white ‘victims’ of the drug epidemic. Once again, a chance for some correction of the racist system to take place may be manipulated, distorted, and amended to meet the needs of the already privileged.

Though the provisions for “violent offenders” likes to cite murderers, rapists, and other sexual offenders as the centerpiece of its public safety interest, it is an examination of the more ambiguous crimes of desperation that exposes a line-teetering sensible policy making and subtle racist devices of the past still being unknowingly used to disempower and disenfranchise minorities today…

The crime of robbery, majorally effecting downtrodden poor minorities, a crime of desperation, is considered a violent crime whether actual violence occurred as a result of the act or not. A large portion of the prison system is made up of robbery charges… some were accompanied with coinciding charges identifying violence, such as malicious wounding or assault. Others, not so much.

A crime such as robbery is not a result of some mania or perversion of mind in most cases. This crime directly reflects the pressures facing a 1st world society and its social systems failing its most needed citizens. It is economical disparities that create the prototype robber, not some lust for violence. It just happens to be black and brown Americans that make up the lower side of that economical ladder. Black and brown men are no more violent than any other race in this country, therefore there must be some deeper reasoning behind the mass incarceration of these people.

Aided by time and information, the once ago capital of the Confederacy has made strides in the abolishment of racism… But the dismounting of monuments means little if the ideals behind those statues remains in tact and still dictate how minorities are treated in this country today…

Prompt: What do you think about the criminal justice system in Virginia and how they are separating violent and non-violent offenders?

What do people need to know about you that would show them that you are human? Imperfect, but full of limitless potential and capable of astonishing change…

We are accepting different form of expression, (writings, essays, poetry, and art) that highlight the question at hand.

-Q. Patterson, BrillianceBehindBars Creator