Accused drug courier chooses trial over 15 years. Sentenced to life without parole
Harvey was accused of being a courier to carry drugs from Los Angeles to Kansas City; he was paid $300 per trip. The federal government offered a 15-year sentence if Harvey pleaded guilty, an offer his federal defender advised him to accept, but Harvey elected to proceed to trial and the jury found him guilty as charged.
After the verdict, the federal government offered to withdraw one of the priors so that he would not be exposed to a life sentence, offering to recommend a sentence of 20 years if Harvey would waive his right to appeal. Harvey refused this offer, too and was sentenced to life without parole.
Harvey reports he has a stable and supportive family with whom he has maintained close ties over the years, and he says that being separated from his father, mother (who died in 2011), brothers, sister, nieces, and nephews is “unbearable to the point of numbness.”
Harvey’s first clemency petition was denied by former President George W. Bush in 2008, and his second petition, filed in March 2010, was denied by President Obama in February 2013. Judge Sachs has written in support of his request for commutation, and according to Harvey’s attorney, the U.S. Attorney who prosecuted Harvey’s case did not object to clemency in his case.
While in prison, Harvey has taken numerous job training, continuing education courses, and intensive computer training programs to gain concrete work skills. One prison official observed that he has been an excellent role model for younger inmates by carrying himself with dignity and always “trying to do the right thing.”
According to Harvey, he has had more than two decades to reflect upon the poor judgment and bad attitude that led to his conviction and says he is sincerely remorseful.
Read full story at ACLU Special Report. A Living Death: Life Without Parole for Nonviolent Offenses.
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