Pubdate: Wed, 19 Dec 2007
Source: CounterPunch (US Web)
Copyright: 2007 CounterPunch
Contact:  http://www.counterpunch.org/
Details: http://www.mapinc.org/media/3785
Author: Anthony Papa
Note: Anthony Papa is the author of 15 Years to Life: How I Painted 
My Way to Freedom and Communications Specialist for Drug Policy 
Alliance. Papa's artwork can be viewed at: www.15yearstolife.com/art1.htm
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

OPEN THE DRUG GULAGS

A Rescue Mission for New York's Governor

New York Governor Elliot Spitzer's approval rating is at an all-time 
low of 36%, according to a recent survey conducted by the Siena 
College Research Institute. This is a far cry from his 69% approval 
rating when he took office. The survey polled about one thousand 
voters in December, of which 47% said the governor should become a 
"kinder, gentler governor." But 41% of Republicans said they doubt 
whether the transformation can be made.

The question I pose is, "How can Gov. Spitzer counter his downward 
spiral and start winning back the voters of New York state?" One 
answer is to show the citizens of New York that, despite the 
negativity generated from the trials and tribulations of his 
governorship, he is still an individual who shows compassion for 
others. Compassion, a virtue found in many great leaders, is said to 
be not sentiment but the act of making justice through works of mercy.

With the coming holiday season in mind, I recommend that Gov. Spitzer 
go on a personal rescue mission and grant executive clemency to the 
large number of Rockefeller Drug Law prisoners who have fully 
rehabilitated themselves and already served enormous amounts of time 
behind bars under the draconian provisions of mandatory-minimum sentencing.

In granting a record number of clemencies, Spitzer would be following 
in the wake of recent trends that favor reducing racial disparities 
precipitated by the War on Drugs. Just last week the Supreme Court 
returned to judges their discretion over following the rigid 
structure of federal sentencing guidelines in drug cases, and the 
U.S. Sentencing Commission created changes in crack cocaine 
sentencing that would retroactively set free 20,000 prisoners.

Traditionally, at Christmas time New York's governor grants executive 
clemency to a number of individuals. Former Republican Gov. George 
Pataki granted 32 in his career, with 28 of them being Rockefeller 
Drug Law prisoners (point of disclosure: I was one of them). Gov. 
Mario Cuomo granted 33 and Gov. Hugh Carey gave out 155. If granted 
clemency, a prisoner immediately becomes eligible for parole. 
Although parole is not guaranteed, the New York State Parole Board 
has released the majority of prisoners whose sentences were commuted.

Today there are almost 14,000 individuals imprisoned under the 
Rockefeller Drug Laws; 90% of them are black and Latino. Despite two 
minor reforms in 2004 and 2005, a welcomed first step, the majority 
of Rockefeller prisoners were not touched by the changes. Out of 
around 1,000 Rockefeller prisoners who became eligible for judicial 
relief, only about 450 regained their freedom because of procedural 
road blocks created by prosecutors. The New York Sentencing 
Commission appointed by Gov. Spitzer to review sentencing procedures 
failed to address Rockefeller reform in a preliminary report issued 
this November.

With the swipe of his pen, Gov. Spitzer could rise above this 
long-standing political quagmire that has prevented fully 
rehabilitated prisoners to reenter society and be reunited with their families.

For many of those who have fallen through the cracks of Rockefeller 
Drug Law reform, their only hope to regain their freedom is through 
the act of executive clemency. There will be many families praying 
this holiday season that Gov. Spitzer shows his compassion for those 
who have taken upon themselves to improve their lives and are ready 
to reenter society as productive citizens.