Movie about Wrongful Conviction opens October 15th

The true story of Betty Ann Waters (played by Hillary Swank), who went to law school after her brother was wrongfully convicted in Massachusetts, is about to bring grim reality to theaters across the nation on October 15th.  The movie is anything but grim however, as this tale of love and fortitude results in the exoneration of an innocent man.  This movie can serve as a true education for Americans as to the repetitive "mistakes" in our criminal justice system... and how they cost far more than the millions of dollars to prosecute and incarcerate an innocent man.

I didn't serve time with Kenny Waters (played by Sam Rockwell), as he was about an hour away from me in Rhode Island, but was stunned upon the news of his 2001 release.  At that time I was in Maximum Security assisting several men whose convictions were also in doubt.  Men such as Michael Brennan (no evidence except a jailhouse informant who bartered his freedom many times);  Jose Garcia (an out-of-towner who initially just wanted a cigarette, but his fellow smokers had personal vengeance to take on others);  Adrian Bustamante (a tattoo artist, also from out of town, whose customers got high and violent amongst themselves); and Firlando Rivera (whose photo-lineup procedures were atrocious.  "Yes, thats the man I saw on the news.")  All of whom are still within their legal saga for freedom, while I'm in my post-prison saga to get a law degree.

Kenny had his sister.  She went form having a GED to being in Roger Williams Law (Class of '98), and she was on a mission.  As both a writer and an unlicensed paralegal, there are times when I say "That's why I want to make movies" or "That's why I want to go to law school."  This movie serves both inspirations.

Hopefully it will inspire Roger Williams University School of Law to fund an administrator for an Innocence Project in Rhode Island.  And one that tackles more than DNA, as there is only biological evidence in roughly 10% of all serious crimes.  Certainly there are several faculty members, Andy Horwitz for example, who would like to supervise a team of eager law students.  As an active advocate for reforms to the system in Rhode Island, I ask the participants in this film to collaborate once again and establish a place for all the Kenny Waters at the ACI, because only one in a million will get a sister like Betty Anne.

 People interested in criminal justice reforms in RI should attend the Criminal Justice Legislative Forum, on Oct. 20th, at Casey Family Services, 1368 Eddy Street, Providence, from 6-7:30pm.  Presenters are DARE (Direct Action for Rights and Equality), RICARES (RI Coalition for Addiction and Recovery Efforts), PrYSM (Providence Youth Student Movement), and ACLU.  Contact DARE for more info: 401.351.6960.

Should Judges Hear the Cost of Their Sentences?

Missouri made national news last week with a controversial new program that will make the cost of punishment available to them.  The Missouri Sentencing Advising Commission is similar to most states, and composed of judges, prosecutors, reps from the DOC and probation/parole.  And it occurred to them that this would be a useful tool.  As one member puts it:

“This is one of a thousand things we look at — about the tip of a dog’s tail, it’s such a small thing,” said Judge Gary Oxenhandler, presiding judge in the 13th Judicial Circuit Court and a member of the sentencing commission. “But it is almost foolish not to look at it. We live in a what’s-it-going-to-cost? society now.”

In Rhode Island, the price tag of punishment is beginning to enter the conversation, particularly when many are out of work, with calls to re-fund programs for youth, and proposals to invest in more sustainable energy sources.  Several legislative bills last year would have saved millions of dollars in the $190 million Department of Corrections budget, particularly probation reforms advocated by Direct Action for Rights and Equality.

William Ray Price, Jr., Chief Justice of the Missouri Supreme Court, recently stated: “Perhaps the biggest waste of resources in all of state government is the over-incarceration of nonviolent offenders and our mishandling of drug and alcohol offenders.”

Rhode Island activists have been saying the  same.  Perhaps staring at the price tag of $38,000 would have made a judge ponder recently when sentencing a woman to a year in prison for failure to report her change in address to the Office of Probation.  Or $380,000 when sentencing a man, caught with no drugs or money, to ten years for a drug deal based on an eye-witness.  The cost of incarceration is not likely to have any impact on the most heinous crimes, but should be taken into account for the vast majority which do not fall in such a category.

Douglas A. Berman, a law professor at The Ohio State University, said: “One of the flaws in the operation of our criminal justice system is not only the failure to be attentive to cost but an arrogance that somehow you can never put a price on justice. Long missing has been a sober realization that even if we get significant benefits from incarceration, that comes at a significant cost.”

Politicians who feel the need to be "tougher" than the person they replace, may very well be reflecting the desires of some of their constituents... but at a cost.  And this toughness can drive us into the ground.  Remember the "Tough Guy" in high school?  Would you rely upon him to control your money and make the smart investments?  Probably not.

As one anonymous former prisoner recently said, "Why do I need to advocate for scaling back the prison industry?  Keep locking 'em up.  It'll take care of itself."