Judge says life without parole when using a juvenile offense violates the Eighth Amendment rights of
Graham's co-defendants in a drug trafficking conspiracy, including the drug supplier who was the target of the operation, pleaded guilty and testified against him in exchange for reduced sentences. This testimony, and that of corroborating witnesses, was the only evidence of Graham’s involvement in the crime.
The judge used a nonviolent juvenile felony conviction as the necessary third strike to sentence Graham to life without parole.
Dissenting from the majority’s decision affirming the life sentence on appeal, JudgeGilbert S. Merritt of the 6th Circuit Court of Appeals objected to the sentence:
"The sentencing of this nonviolent, 30-year-old petty drug trafficker to life imprisonment by using a juvenile conviction as a necessary third strike not only violates clear congressional intent…but also violates sound principles of penological policy based on the Eighth Amendment values recently outlined by the Supreme Court…. In what seems to me my colleagues’ strained effort to justify the lifesentence in this case based on juvenile conduct, they take account of neither the well-established canons of statutory construction…nor the social consequences of what has only recently become conventional judicial behavior favoring long prison terms for nonviolent drug offenses."
Graham says of his sentence, “It still feels like I’m trapped in a burning fire. It hurts a lot.” He adds, “It’s like you’re nothing. Why should I want to live? I would rather [have] been sentenced to lethal injection, than suffer the way I am. If I did not care for my family I would ask to die, but I must keep my family together. I don’t want them to suffer any more than they already are.”
He says that he struggles with suicidal feelings because of the hopelessness of his sentence: “It hurts, fighting myself each day to continue to allow the light of our Father to shine upon me.”
Graham says that the support he has received after his story first appeared from family, friends and many others has brought new joy back into his life at a time he had almost truly given up.
He recently completed a challenge program over several months and now mentors other prisoners about humility, empathy, and turning an irrational situation into a rational one.
Read full story at ACLU Special Report. A Living Death: Life Without Parole for Nonviolent Offenses.
Many of the long serving inmates have no one left to support them. You can help by sharing their stories and asking others to do the same. Sign up to become an advocate for an inmate.
As voters, citizens, taxpayers and bystanders, we as a society have inhumanely punished thousands of nonviolent people. Currently Washington DC and 30 states have compensation statutes for wrongfully convicted inmates. Congress’ recommended amount is $63,000 for each year served. On the other hand, overly sentenced victims who in many cases have suffered equally or worse typically receive $20 and a bus ticket if they are fortunate enough to ever be released.
Select the link below to donate directly to Graham to help him with legal and other expenses. Most of these inhumanely sentenced inmates don't remember the last time they were able to buy personal items or snacks from the commissary. No donation is too small. JPAY is used for state inmates and Western Union for federal.
No Harsh Justice inmate has ever been convicted of a violent crime.
Send Money to Graham 11509-032graham (Copy, Paste to the Account# Field)
Note: 100% of your donation goes directly into the inmate's prison account.