HER SON'S LETTER TO JUDGE THAT GOT CLINTON TO RELEASE HER |
LETTER TO OBAMA TO REVIEW LAW ON CRACK COCOAINE TEN YEARS AFTER RELEASE ON CEMENACY |
Abroad at Home; A Christmas Carol
By ANTHONY LEWIS
Published: December 23, 2000
BOSTON—
Not many Americans will recognize the names of
Dorothy Gaines and Kemba Smith on the list of people whose federal
prison sentences President Clinton has just commuted. But they should be
known because their stories challenge our vision of justice.
Ms. Gaines, a 42-year-old widow with three children,
was serving a sentence of 19 years and 7 months. Her trouble stemmed
from the fact that she had a boyfriend, Terrell Hines, who became a
driver for a drug gang.
In 1993 state prosecutors in Alabama, where they
lived, charged them both with drug conspiracy. But they dropped the
charges against Ms. Gaines, evidently for lack of evidence that she had
done anything significant.
A year later federal prosecutors went after Ms.
Gaines. The witnesses against her were drug dealers who had pleaded
guilty to running a large-scale crack operation. Their only testimony
tying Ms. Gaines to a specific act was that she once delivered three
small packets of crack to street sellers. The government's case was
really that she tolerated what her boyfriend and his cohorts did.
Federal drug laws carry savage mandatory minimum
sentences. The only way to serve less time is to help prosecutors get
someone else. In this case the someone else was Dorothy Gaines. By
testifying against her, the real villains got sentences as low as 5
years, while she got nearly 20.
Ms. Gaines served nearly six years in prison before
the president ordered her freed, and that devastated her family. Her
oldest child, Natasha, had to drop out of college to take care of the
others; she is now seriously ill. Two younger children, Chara and
Phillip, went into declines in school and suffered from depression.
Phillip sent President Clinton a letter that is painful to read. ''It's
very hard,'' he said, ''growing up without a mom or a dad.''
Families of imprisoned women are always likely to
suffer. What makes this and similar drug cases stand out is the inequity
of the sentences.
Ironically, one supposed reason for the mandatory
minimum sentences imposed by Congress was to make them more equal. In
fact they have led to gross disparities. Big drug dealers have a
perverse incentive to point the finger at others who are marginally
involved, if at all. And mandatory sentences are so grotesquely harsh
that some prosecutors and judges get around them by taking pleas to less
serious offenses. That was not done for Ms. Gaines.
Kemba Smith was a middle-class college student when
she fell in with an older man who turned out to be a drug dealer. He
abused her, violently, but she clung to him and took part in his crimes.
A doctor testified at her trial that she was a
classic victim of battered woman's syndrome, unable to break from her
abuser. But Federal District Judge Richard B. Kellam said, ''I think
there isn't a soul alive that can understand how any woman or girl would
permit some man to beat on her and then continue to live with him and
to love him.'' He sentenced her to 24 years and 6 months in prison.
Both of those women were lucky in the devoted
lawyers who took up their cause. George Kendall of the NAACP Legal
Defense and Educational Fund worked for years to set Ms. Smith free. A.
Hugh Scott, Gregg Shapiro and others at the Boston law firm of Choate,
Hall & Stewart spent hundreds of hours on Ms. Gaines's case.
Dorothy Gaines and Kemba Smith are examples of the
human realities that can exist behind the slogans of the War on Drugs.
The so-called kingpins who prey on society deserve condign punishment.
But would a civilized system of justice -- a sane system -- impose
sentences of 20 years and more on women who were victims as much as
perpetrators?
Federal prisons are full of low-level, nonviolent
drug offenders. A coalition of clergy asked President Clinton to commute
all their sentences. In freeing Ms. Gaines and Ms. Smith he made a
start, small but meaningful.
The real challenge is for Congress to repeal the
mandatory minimum provisions of the drug laws so judges can use the more
flexible but still stiff sentencing guidelines. That will be difficult
because members of Congress are afraid of being called soft on crime.
But some day a president will have the courage to tell us how that harsh
rigidity distorts our law.
No comments:
Post a Comment