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WHO ARE THE 3-STRIKERS?

For many Washington 3-Strikers, their punishment does not fit their crimes. The 3-Strikes sentences for all the individuals featured below rest on at least one conviction that is classified in the lowest quarter of criminal seriousness under Washington State law. Some have no convictions above that level. More than a third of 3-Strikers have no convictions classified as a Serious Violent Offense under state law.

Their punishment does not protect public safety. Almost all of these 3-Strikers were caught up in addiction at the time of their crimes. Evidence shows that treatment is more effective at reducing crime than long-term incarceration. None of these 3-Strikers has committed a heinous crime. Evidence shows that lengthy sentences for lower-seriousness crimes wastes money and leads to more crime because it diverts large amounts of scarce public safety money into housing older people who are unlikely to commit more crimes and very expensive to care for due to age-related health care costs.

Their punishment was harsher because they were poor. Most of these individiduals were poor and defended by underpaid public defenders. In 2005, Washington ranked 50th in the percentage of state contributions to trial costs for poor people. (State chief justice urges funds for public defense. Ken Armstrong, Seattle Times staff reporter, Seattle Times, 1/19/05.)

Improvements have been made in Washington's system of defense for the poor. But in 2010, Washington's Office of Public Defense reported that the state's public defense system, "overall is still not at the appropriate level of quality."(Status Report on Public Defense, Washington State Office of Public Defense, 1/2010.)

They were more likely to be punished with a Life sentence if they were Black. This law creates what is probably the most extreme racial disparity in Washington's criminal justice system. Less than 4% of our state's population is black. About 20% of our state prison population is Black. 40% of our 3-Strikes population is Black. In January 2010, a federal court decision found that the racial inequity in Washington's criminal justice system cannot be explained in race neutral ways.

 

 


Larry Fisher
Larry Fisher is serving a 777 year sentence under Washington's 3-Strikes law. His crimes, unarmed robberies committed to get money for drugs, are classified in the lowest quarter of criminal seriousness in Washington's criminal code. His first two crimes were committed before 3-Strikes became law. He was the second person sentenced under the law in Washington state.

Larry talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org. In his interview, he discusses how the treatment for mental illness and addiction that he has taken part in in prison has allowed him to grow beyond the factors that led to his crimes. The transcript for that interview and more information is available in this Daily Kos story

 

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Life Sentence for $20 Robbery: Locking people like me up for life isn't the answer by Dean Fillion DailyKos

Dean Fillion is serving Life With No Possibility of Release under 3-Strikes for three Class B felonies, crimes that are classified in the lowest quarter of criminal seriousness under state law. His first strike was committed before passage of the 3-Strikes law.

Dean's third strike was for an un-armed shoplifting of a small amount of cigarettes and beer. As attested to by the victim of the crime during the trial, one of Dean's co-defendants told the cashier during the shoplifting episode that he had a gun. Although there was no gun and although Dean did not make - or even conspire to make - the threat, this threat resulted in his crime being charged as a Robbery 2 and leading to a Life Without Parole sentence.

In a story he wrote for Washblog, Dean recounts that all his crimes were related to alcohol addiction and states that he believes that prison saved him from a death on the streets and gave him time to mature. He is now able to live a crime-free life, he writes, and contribute to society.

 

 
Fifty-Year Search Finds Son Serving 3-Strikes Life Sentence
by Gerald White Sr. Daily Kos

Gerald White was serving Life With No Possibility of Release under 3-Strikes for a Robbery 1 and two Robbery 2s, crimes classified in the lowest quarter of criminal seriousness under state law. His 3-Strikes sentence was overturned in 2010, leaving him a remaining 5 years to serve on his sentence. His first two crimes were committed prior to passage of the 3-Strikes law.

"... we learned that (Gerald White Jr.) is serving a life sentence without the possibility of parole under Washington's harsh "3-Strikes" law. Imagine our shock since we are a proud and law abiding family, many members in law enforcement.

"His story tells of a long series of things that should never have happened. Addicted to heroin at the age of 15, the streets of Seattle were his home; bikers, junkies, prostitutes were his family. With the lack of any parental love and guidance and no strong family support whatsoever, his entire life was focused on the crime necessary to maintain his very bad habit. His involvement in narcotics was the direct and proximate cause of his criminal activities which of course culminated in this "never-ending" punishment for him...

 

 


John Wheeler
John Wheeler was sentenced under 3-Strikes for three Robbery 2s in 1998. He has no convictions for any crime classified above the lowest quarter of criminal seriousness under Washington law.

John Wheeler committed unarmed robberies to feed his heroin addiction. He served 8 months in jail for his first Robbery 2 and 12 months for his second. For his third, he was sentenced for 777 years, 77 months, and 77 days, With No Possibility of Release. During over a decade in prison with no infractions, John's sentence has been shortened by about nearly 4,000 hours of good time.

John talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org. A transcript of his interview can be read here.

 

 


Stonney Rivers
Stonney Rivers was sentenced under 3-Strikes in 1995. He served about a year each for his first two crimes, a Robbery 2 and an Assault 2, both of which were commmitted before passage of 3-Strikes. These two crimes are classified in the lowest quarter of criminal seriousness under Washington State law. Stonney's third strike, a Robbery 1, is classified in the middle of that scale.

Stonney talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org.
Photo by Russell Edwards.

 

 


Paul Rivers
Paul Rivers was sentenced under 3-Strikes in 1998 for two Robbery 2s and an Assault 2. All three were unarmed and are classified in the bottom quarter of seriousness under Washington State law. Paul's third strike consisted of grabbing about $300 from an espresso stand and yelling threats at the operator of the stand as the operator chased him to retrieve his money.

Washington State Supreme Court Justice Richard Sanders concluded in his dissent in Paul Rivers' appeal State v. Rivers, that the punishment given to Paul was cruel, and therefore unconstitutional. Paul, whose crime involved no injuries and about $300, received a sentence "grossly disproportionate", Justice Sanders noted, "to even the standard range sentence for first degree murder." Paul talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org.

 

 


John Letellier, John Letellier, 1/2/09, Washblog
John Letellier has been serving a Life sentence under Washington's 3 Strikes law since 1999. His third strike was an unarmed Robbery 2, a crime classified in the lowest quarter of criminal seriousness under Washington State law.

John, a military veteran, explains that he committed his third strike, an unarmed robbery from a 7-11, because he had been just released from a mental health facility and bused to a city he did not know to take part in the substance abuse treatment program there. But when he arrived, he was told that there would be no beds available for 6-8 weeks. He said that he then robbed the store and stood out on the street corner to be apprehended because he was hoping to spend the evening in a warm jail cell instead of on the street overnight.

 

 


James Moody.Washblog, Daily Kos
James Moody's first strike was an assault with a beer bottle in a California bar. He served less than a year in county jail for this crime. It was a lower level felony in California with a maximum term of 4 years, less than Washington's Assault 3, a non-strike crime. But Pierce County charged it as Assault 1, a Serious Violent Offense, and it became the cornerstone of James' 3-Strikes sentence of 777 years. James also served about a year for his second strike, an assault committed in Utah.

All of James' 3-Strikes convictions were related to his addiction to alcohol. At the time of his third strike he had nearly completed a degree in Human Services and Chemical Dependency at Highline Community College when he relapsed into active addiction and committed an assault against his roommate. James talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org.

 

 


How does a person get sentenced to 777 years in Washington? Ask Jackie Fletcher, Theresa Matheson with Jacqueline Fletcher. 11/23/08, Washblog, Daily Kos
Jacqueline Fletcher was sentenced to 777 years, 77 months, and 77 days for three second degree robberies, crimes classified in the lowest quarter of criminal seriousness under state law.

A story that Jacqueline co-wrote with Theresa Matheson is linked above.

 

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Drawing by Schawn Cruze. Click on image to see larger version  
 


A 3-Strikes Story: Abusive Foster Care, Deadly Streets, Broken Public Defense: We can do better, Noemie Maxwell, 9/16/08, Daily Kos
Schawn Cruze is serving under 3-Strikes for two Assault 2s and possession of drugs and a gun. Assault 2 is classified in the lowest quarter of criminal seriousness under Washington State law. He served about a year for each of his first two strikes.

Schawn was sentenced 8 years after leaving a group home shut down by Washington State. He and his brother Jason lived there after his mom was sentenced to prison, and, were among the children who suffered physical abuse and neglect at the hands of its employees. Schawn has no convictions for Class A Felonies. His family talked with a Justice Works! volunteer in a videotaped interview in 2009. The film can be seen at justiceisnogame.org. From the film:

"Please remember that I take full responsibility. I never took the time to think about things. It wasn't till I came to prison, till Jason was killed, my entire family ruined, till I watched other lives ruined, did I fully learn my culpability and understand the kind of effect I had on society. God only knows what the effects on children's lives were."

 

 


Cherease Cross: Kind, Beautiful, and Caring, She Deserved a Better Chance, Shirley White, 8/26/08, Washblog, Daily Kos
Cherease Cross served under 3-Strikes for over a decade for three Robbery 2s. She passed away in prison on July 4, 2007.

Back in March, 2000, a young woman named Cherease Cross was convicted of her third offense. She was the third woman to be sentenced to life in prison without the possibility of parole under Washington's 3-Strikes law. She did not deserve to receive a sentence of life in prison. Mental illness and drug addiction had plagued Cherease's young life. She was a single-mom, a crack addict and a sexual abuse victim. She had committed three low-level second degree robberies to support an expensive drug habit.

 

 


Steven Darby McDonald Washblog, Daily Kos, Horses Ass
Steven McDonald's third strike was for setting a doormat on fire at a hotel. His first two strikes, a Robbery 1 and Robbery 2, were committed before passage of the 3-Strikes law.

As described in a Washington Supreme Court decision, the first degree arson charge that serves as the foundation of Mr. McDonald's life sentence "was based upon the defendant setting fire to the welcome mat outside a motel room, which destroyed the mat and discolored the door before being extinguished."

 

 


Life Sentence at 21 for No-Weapon No-Injury Crimes, David Conyers, 5/25/08., Washblog, Daily Kos
David Conyers was sentenced to 3-Strikes at the age of 21 for three un-armed Robbery 2s. He talked with a Justice Works! volunteer in a videotaped interview in 2008. The film can be seen at justiceisnogame.org

Hello, my name is David Conyers and I am a current 3 Striker residing at the Monroe Correctional Complex. Back in 1994, 13 years ago, I was the youngest person in the state of Washington, a tender 21 years old, to be sentenced to life under 3 Strikes - charged and convicted of four counts of second degree robbery. None of my prior convictions, nor my current offenses involved a weapon whatsoever, nor was anyone hurt or killed. I was a kid back then with no guidance or direction, just being reckless and foolish. I very much regret the things I did wrong to my victims, because they didn't deserve to be put in fear or have anything taken from them. I've grown up a lot and I now see life on a different perspective. However, I firmly believe that I shouldn't be spending the rest of my life in prison for a crime such as Robbery 2. Now I believe that any person, male or female, should be held accountable if he or she commits a crime. However, you cannot compare or place a second degree robbery with murder, rape, or child molestation.

 

 


Three-Strikes Guest Post: I am not a Disposable Human Being
Ronald Peters, 3/27/08., Washblog, Daily Kos

Ronald Peters served over a decade under 3-Strikes for two Robbery 2s and a Robbery 1. He passed away in prison in 2009.

I have all but given up on faith and hope that the reality of this unbearably harsh law will come to light in the public's eye and will bring about positive changes in the way that it is applied and that it truly be reserved for the worst of the worst. This is not to say that I don't deserve to be punished but I know that I'M NOT THE WORST OF THE WORST. I am not a disposable human being. Unfortunately for me, my addictions did not allow me to see as far as and/or beyond the consequences of my actions, but I still feel that the time should fit the crime... It's never been in my heart to physically harm another human being, although I cannot deny the psychological trauma that I've caused to my victims by my actions. I've never murdered, raped, or molested another human being, but reflections upon my past disturb my soul. I believe that this is so because I have truly matured during my years of incarceration. If nothing else, I can surely say that 3-Strikes has shown me where and how I don't want to spend the remainder of my natural life: in a cage with no real human contact that family and friends truly share. I often wonder what my life may have been like had I been granted an opportunity to participate in a drug treatment program? There are no answers, just speculation.

 


Photo by Inye Wokoma
Courtesy ColorsNW Magazine

 


Imprisoned for life in WA for an attempted wallet grab, Al-Kareem Shadeed, 1/15/08, Washblog, Daily Kos
Al-Kareem Shadeed was sentenced under 3-Strikes for 3 un-armed Robbery 2s, a crime classified in the lowest quarter of criminal seriousness under Washington State law. All his crimes were associated with addiction.

Shadeed's third strike was an attempted wallet grab from a high school teacher who told the Seattle Times: "It just blows me away that the people in this state are willing to house this guy in prison for the next 50 years yet are so reluctant to pay a fraction of what it will cost to reduce class sizes and do other things better education. We aren’t willing to do enough for kids like this when they are young and when we have a chance to make a difference, but we're willing to throw them away in prison for 10 times the cost." Shadeed was recommended for clemency by a unanimous vote of Washington's Clemency and Pardon's Board in December, 2009. As of October, 2010, Washington's Governor has not decided whether to grant clemency.

 

 


Joseph Scott Wharton Story on Washblog
Joseph Scott Wharton is serving Life Without Parole for 3 Robbery 2s, a crime classified in the lowest quarter of criminal seriousness under state law. After sentencing Scott to Life, his judge, Michael Fox, told a Seattle Times reporter that the case was "tragic", and that, although no one was hurt in the crimes, the law passed by voters in 1993 gave him no discretion.

 

 


Guest post from WA State Reformatory: These crimes do not merit life imprisonment, Stevan Dozier, 12/30/07, Washblog, Daily Kos
Stevan Dozier served for 15 years under 3-Strikes for 3 Robbery 2s. In 2009, he was released under clemency by the Governor.

During his years in prison Stevan participated in all available self-help courses and certifed as a welder. He also reached out to other inmates behind bars and contributed through correspondence to the work of community organizations serving troubled teens.

In May 2009 Stevan became the first person in the nation sentenced under a Three Strikes law to be released under clemency. Today Stevan uses his past experience to assist others in learning the power of choice. Upon his release from prison Stevan was employed by The Sea of Stars Foundation as an Outreach Cordinator. He has since moved on to a position as a Case Strategist serving at-risk youth with a local non-profit. He has also worked with a variety of organizations and agencies to serve this population on a volunteer basis throughout King County and in surrounding areas. Recently, he has assisted with the African American Mentoring Program at Emerson Elmentary School in Seattle and has given numerous life based presentations in alternative and public schools, treatment centers, community centers, and at judicial functions such as Truancy Court and Drug Court graduations.

Stevan speaks in the film on Washington's 3-Strikes law that can be seen at justiceisnogame.org.

 

 


Life in prison without parole for low-violence crimes: can Washington find redemption? 12/11/07, Washblog
Vance Bartley served 12 years under 3-Strikes for Robbery 2 and Robbery 1.

During his years in prison, Vance earned certifications in Information Technology, an Associates of Arts degree from Edmonds Community College, and additional college credits through University Behind Bars, a Washington State program that offers college credits granted by Ohio University. For years, he worked with Edmonds Community College staff at the Monroe Reformatory to tutor and mentor young students. He also became a self-taught paralegal, assisting numerous inmates in their efforts to represent themselves. The years that Mr. Bartley spent educating himself and learning the foundations of appellate law enabled him to discover a legal error made by the state in one of his convictions. This discovery eventually led to his freedom. Represented by attorney Jeff Ellis of Ellis Holmes and Witchley, Bartley was released in 2008. Upon release he was hired as a paralegal by that firm and has worked there since.

In addition to his work as a paralegal, Mr. Bartley is on the Board of Directors for the Post-Prison Education Program, works closely with University Behnid Bars, and is the creator of Gifts For Kids, a holiday celebration for children of incarcerated parents sponsored by the nonprofit organization Justice Works.

Vance speaks in the film on Washington's 3-Strikes law that can be seen at justiceisnogame.org.