After 33 years on parole, Bennie Haggins, 71, is granted a pardon

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Mr. Haggins served a decade in prison for a $29 robbery and has paid more than $15,000 in parole supervision fees since his release in 1991.

By Eddie Burkhalter, Appleseed Researcher 

MONTGOMERY, AL — Bennie Haggins sat in a waiting area before his pardon hearing was set to begin on Wednesday  in Montgomery and talked about what he hoped was to come. Only 33 living Alabamians had been on parole longer than Mr. Haggins, who was released on parole June 3, 1991, and had been under supervision with limited opportunities and movement since then.

“I’m ready to be free,” Mr. Haggins said. 

Standing in front of the three-member Pardons and Paroles Board moments later board member Darryl Littleton asked Mr. Haggins, 71, what happened the day of the robbery. The board regularly asks all those applying for a pardon to discuss the circumstances around the crime that resulted in their incarceration. 

Bennie Haggins, along with family members and supporters, celebrate his pardon following his successful hearing on October 8.

Mr. Haggins, 71, fought back tears and with a cracked voice explained that his childhood and young adult life were difficult. “I had no direction. I was on my own,” Mr. Haggins said. He apologized to his victim, referring to her by name. Mr. Littleton later noted that he remembered his victim’s name. 

Mr. Haggins’s father abandoned the family when he was very young, and his mother followed suit when he was nine. He was raised by his grandmother and was kicked out of school in the 11th grade. Struggling with addiction, he turned to petty theft in the late 1970s. In May 1983, Mr. Haggins, in a drunken state, robbed a convenience store of $29. No one was physically injured in his crime and he was caught a short time later. He pled guilty and was sentenced to life with the possibility of parole because of his previous property crimes. 

“I take full responsibility for what I did,” Mr. Haggins told the board members, and he also told them about the transformation his life took after leaving prison. 

From prison, he went to work for the Sterilite Corporation in Birmingham and soon after began volunteering with the American Red Cross, which eventually hired him onto the Emergency Disaster Services team, where he would travel to weather-impacted areas and help those most in need. He spent a decade at Red Cross before being hired at the Jimmie Hale Mission in Birmingham 2022 as an intact coordinator, helping the unhoused find respite. When the weather turns freezing he drives the mission van out into the Birmingham streets looking for those who need a warm palace for the night. 

“When’s the last day you’ve had off?,” Board Chair Hal Nash asked Mr. Haggins, who responded: “I don’t take days off.” 

Bennie Haggins working at the Downtown Jimmie Hale Mission, where he assists with intake and with ensuring unsheltered people are provided safety and shelter on freezing nights.

Perryn Carroll, executive director of the Jimmie Hale Mission, spoke on behalf of his pardon and said that Mr. Haggins has used his past as a catalyst “both to change his life and to change countless other lives.” 

“Bennie’s story is a perfect illustration of why parole is such a crucial part of our criminal justice system,” Scott Fuqua, Appleseed attorney, told board members. “And he is a shining example of what is possible when those convicted of crimes are not judged solely by their worst mistakes, but instead as a person who still possesses the human spirit and the limitless potential for positive change.” 

After deliberating Mr. Haggins’s pardon application, and the pardon and parole applications of three others at the hearing, the board voted to approve a full pardon for Mr. Haggins. As of that moment he would no longer have to report to a parole officer or pay the monthly $40 supervision fee. He’d be free to vote and to travel out-of-state, something that kept him from going on cruises with his wife and daughter. 

“Overwhelmed,” Mr. Haggins said after the vote. 

“When I look back, I destroyed my whole life, but God blessed me with the opportunity to get it back, and I took full advantage of it and tried to help as many people as I could help, and I haven’t stopped,” Mr. Haggins said. And that won’t stop now that he’s pardoned, he said. There’s much left to do. 

 

 

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Learn, Connect, Advocate — Appleseed’s Prison Reform Toolbox

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A resource for Alabamians to learn about the human rights crisis in Alabama state prisons, share their knowledge with others, and work for change

Since 2019, when the United States Department of Justice issued a 56-page report calling out unconstitutional violence, death, and corruption across the entire Alabama prison system for men, Alabama Appleseed has been dedicated to guiding communities across Alabama to a better understanding of the human rights crisis in our prisons. We do this by lifting up stories of individuals and families most harmed by this broken system, by researching and documenting evidence-based solutions and alternatives to needless incarceration, and by providing legal services that free older, rehabilitated Alabamians who then share their personal stories of hope and redemption. 

A crowded dorm in an Alabama prison

Appleseed shares our work widely across the state, connecting with faith groups, civic organizations, students, elected officials and everyday Alabamians who learn about this crisis and want to get involved. We have developed resources for advocates geared toward educating everyday Alabamians and empowering them to create change. 

In the six years since we embarked on these efforts there has been some progress. And for that we are grateful. But given the depth of the dysfunction within state prisons, the need for major systemic reform remains. As laid out below, elected officials vowed to address these brutal conditions back in 2019. Money has poured into the prison system, yet institutional corruption and senseless violence remain rampant. The documentary, The Alabama Solution, painfully exposes these wrenching conditions to a broader audience, demanding a bold response from our state.

Below is a list of research and resources for advocates across Alabama who wish to learn more about this pressing issue, get up to speed on the responses of our elected officials, and use that knowledge to get involved in crucial reform efforts, including holding these leaders accountable.

The Problem: “The combination of ADOC’s overcrowding and understaffing results in prisons that are inadequately supervised, with inappropriate and unsafe housing designations, creating an environment rife with violence, extortion, drugs, and weapons.” United States Department of Justice

The U.S. Department of Justice’s report in 2019 detailed how Alabama’s prisons for men were violating constitutional rights of the incarcerated by failing to protect them from prisoner-on-prisoner violence and sexual abuse. The DOJ’s subsequent follow-up report in 2020 noted systemic problems of unreported or underreported excessive use of force incidents, a failure to properly investigate these abuses and attempts by correctional officers and their supervisors to cover up these violations. 

Appleseed’s summary of the DOJ report highlights the inability of the Alabama Department of Corrections to protect incarcerated men from sexual and physical violence and the DOJ’s finding that Alabama prisons had a homicide rate eight times the national average at the time. Appleseed’s summary also makes clear that the DOJ’s report states new prisons alone won’t solve the crisis. 

The beating death of Steven Davis in October 2019 at Donaldson prison underscored the ADOC’s inability to control excessive force by correctional officers, even after being on notice of the federal investigation.

Sandy Ray, whose story is featured in “The Alabama Solution,” shows members of the Criminal Justice Study Group photos of her son Steven Davis as a vibrant young man, then after being beaten by prison officers.

The DOJ filed the federal government’s lawsuit against the State of Alabama and the Alabama Department of Corrections in December 2020 and filed an amended complaint in May 2021. 

Irrefutable documentation of pervasive violence, illegal drugs, and deaths in Alabama’s largest law enforcement agency

This crisis has resulted in a shameful and embarrassing national spotlight on the state. The New York Times called Alabama’s prisons “gruesome.”   In a Fox News report, then-Sen Cam Ward called the findings, “deeply humiliating,” and “disgusting.” Politico called the situation a “humanitarian crisis,” in an article quoting Adam Gelb, president and CEO of the Council on Criminal Justice: “It’s a state that has chased itself around in circles for the past two decades, and there have been some modest improvements, but the system remains terribly overcrowded and filled with people who in many cases should never have come through the front doors.”

St. Clair Correctional Facility

Locally, the Montgomery Advertiser’s reporting includes the story of the beating death of Steven Davis at the hands of correctional officers at Donaldson Correctional Facility. Seven months after the DOJ’s 2019 report the newspaper’s reporting found that “prison officials have withheld food from men, micromanaging minor disciplinary infractions while violence and unexpected deaths continue unabated, including nine which occurred during the reporting of this story in September and October.” The 2019 Advertiser article “American horror story’: The prison voices you don’t hear from have the most to tell us” detailed conversations with incarcerated people who tell of chaos, violence and corruption. 

Unfortunately, the situation got worse. Prison Legal News reported more than one death a week in 2022, and bizarre situations such as the videotaped beating of prisoner Jimmy Norman on the rooftop of the Elmore Chapel by a guard. 

In-depth reporting by WBHM’s Deliberate Indifference podcast details how Alabama’s prisons became the deadliest in the country, looks closely at understaffing and overcrowding and through the voices of the incarcerated, correctional officers and others, sheds more light on a crisis that was decades in the making. 

Appleseed in 2023 began publishing the “Cruel and Unusual” series of reports that focused on the people harmed by Alabama’s overreliance on excessive sentences, which trap people in deadly, dysfunctional prisons long after they have paid their debt, including Ronnie Peoples, a cancer patient who at the time had served more than two decades of a life without the possibility of parole sentence for crimes in which no one was physically harmed. Appleseed’s subsequent research followed Mr. Peoples as he fought to get adequate cancer treatment while still incarcerated. 

The prison crisis has captured headlines across the country, portraying Alabama in a problematic light.

Appleseed also spoke to the family of Christopher Mount, who was killed on Mother’s Day 2023 inside a segregation cell with another man in Easterling Correctional Facility. Mr. Mount’s daughter, then-17-year-old MaKayla Mount, in December 2023 told the story of her father’s death and impact on her life to members of the Legislative Joint Prison Oversight Committee. She carried the urn with his ashes into the Statehouse.

MaKayla Mount holds an urn containing her father Christopher Mount’s ashes at the Prison Oversight Committee’s hearing.

Also in the “Cruel and Unusual” series is the plight of Leon Hotchkiss, who is serving a 40-year sentence for growing marijuana. Mr. Hotchkiss, 70, with myriad health problems, has been assigned to the minimum-security Loxley Work Release Center for years and has held multiple jobs in the community. Even so, he was denied parole in February 2023. 

Appleseed in April 2023 noted the fourth anniversary of the DOJ’s 2019 report on Alabama’s prisons, which found that between the report’s release and the anniversary date, 698 people died in state prisons. Appleseed’s research also noted that the month that DOJ’s report was published in 2019, Alabama prisons were at 168 percent capacity, and at the time of Appleseed’s publication, prisons remained at 168 percent capacity. 

Daniel Terry Williams, 22, was likely smothered to death on November 7, 2022 inside Staton Correctional Facility.

Alabama Daily News reporting on the December 2023 public hearing of the Legislative Joint Prison Oversight Committee includes comments from impacted family members who told of deaths, assaults, torture, extortion of those family members and of the indifference of prison staff.  In AL.com’s subsequent reporting on the Committee’s July 2024 meeting the mother of Derrick Martin, killed by another incarcerated man in Elmore Correctional Facility, told members that her son discussed with her the stabbing and beatings he suffered during six years behind bars.

In 2024, Alabama prisons remained unconstitutionally dangerous places, Appleseed found, where more than 1,000 people had died inside Alabama prisons since the DOJ’s 2019 report release. The national spotlight again glared on the state with the kidnapping and torture death of 21-year-old Daniel Williams at Staton prison, days before his scheduled release. An Appleseed investigation found that the suspect in Mr. Williams’ death was involved in nine instances of sex assault, rape, and stabbing since 2017 while incarcerated in ADOC, yet he was never placed in segregation to prevent additional victimization. No criminal charges were ever filed. Numerous deaths are also the result of dangerous drugs brought in by prison staff.

Violence by ADOC officers has remained pervasive. The Alabama Reflector in May 2025 published the first of the four-part series “Blood Money” that details 124 lawsuits that ADOC settled between 2020 and 2024, 94 of which involved complaints of excessive force by officers. The cost of defending those lawsuits pushed ADOC’s legal spending over $57 million since 2020. 

The State of Alabama’s Responses

Gov. Kay Ivey in 2019 announced the formation of the Governor’s Study Group on Criminal Justice Policy that was to “receive and analyze accurate data, as well as evidence of best practices, ultimately helping to further address the challenges facing Alabama’s prison system.” While the study group’s recommendations, released in January 2020, did include suggestions on spending and ways to reduce recidivism, the group declined to take up more substantive sentencing reform measures. Former Alabama Supreme Court Justice Champ Lyons, who chaired the Study Group, issued this warning five years ago: “The time for action is now. We dare not abide by a status quo that risks the potential for costly and disruptive intervention by federal authorities.”

The Governor’s Study Group on Criminal Justice Policy. Photo courtesy of the Associated Press.

Ivey in May 2021 signed several criminal justice reform bills into law, but only one bill would have a minimal impact on prison populations by reducing prison sentences by up to one year for incarcerated people who complete academic and vocational programs. Instead of making a serious effort to reduce the prison population, the Governor’s Office forged ahead with a massive, costly prison construction plan, insisting “this Alabama problem has an Alabama solution.” 

Alabama’s new 4,000-bed prison is under construction in Elmore County. While the project was initially projected to cost $623 million, the cost ballooned to $1.28 billion. Lawmakers told Alabama Daily News that the state has secured 60% of the cost of a second 4,000-bed prison, to be built in Escambia County. Neither of the new prisons is expected to ease overcrowding, however, as the legislation authorizing prison construction requires the closing of several existing prisons, and acknowledges the intent of the law is to “replace existing prison facility capacity.” 

The state is spending billions on incarceration, yet the money hasn’t made a dent in the violence and death inside prisons. An Appleseed analysis found that state prison expenses over a five fiscal-year period, from 2022-2026, will reach $5 billion. That monumental figure includes the annual General Fund allocations to the Alabama Department of Corrections, plus the costs of new prison construction including debt service, but does not include the at least $57 million paid out of the state’s General Liability Trust Fund in recent years on ADOC legal expenses, primarily private contract attorneys to defend officers accused of misconduct and to defend the ADOC in federal class action litigation over unconstitutional prison conditions.

The Alabama Joint Prison Oversight Committee was formed by legislation in 2021 and in meetings held since, those members have heard from directly impacted families members and from ADOC officials. One product of those discussions was the formation of ADOC’s Constituent Services unit, tasked with answering family members’ questions and concerns about the health and safety of incarcerated loved ones. Oversight Committee Chair Sen. Clyde Chambliss, R-Prattville, sponsored legislation that allowed ADOC to hire an additional 15 people to staff that unit. 

In an effort to increase hiring and bolster retention efforts, Alabama in 2023 increased correctional officer pay, so that officer trainees can earn between $52,000 and $58,000, with a 27% pay hike after 18 months. One year later, ADOC officials told lawmakers that the department wouldn’t meet a judge’s order to hire an additional 2,000 officers by mid-2025. In 2024, ADOC announced a partnership with the Alabama Community College System that would see the system offer a free career prep program for people interested in working for ADOC. Enrollees in the program can earn up to nine tuition-free college credit hours. 

Overall, even with the knowledge that the prisons are deadly and unconstitutional, Alabama lawmakers have passed bills that lengthen sentences, reduce parole and good time, and increase the prison population. The Alabama Sentencing Commission released research in September, 2025 showing that prisons “could see inmate populations rise by nearly a third by 2030 due to new punitive laws passed by the Legislature. The Commission, working with Applied Research Services, a research firm that studies criminal justice, estimated the population in custody of the Alabama Department of Corrections could grow from 21,753 to between 24,000 and 28,000 inmates, depending on the number of people that the ADOC admits each month on average.”

Appleseed’s efforts: Justice for people, justice for Alabama

Since 2019, Appleseed has been working with stakeholders across Alabama to raise awareness about this crisis, develop evidence-based solutions, and garner bi-partisan support for meaningful reform. We’ve given dozens of presentations, testified before the Legislature, produced reports and policy briefs, and our team member Ronald McKeithen holds a seat on the Statewide Reentry Commission tasked with reducing recidivism. We will never stop beating the drum that to move beyond this crisis the state must develop alternatives to incarceration so that fewer people will ever enter the prison system, while also identifying (and freeing) older people who have paid their debt, aged out of criminality and whose permanent incarceration wastes resources.

That’s why Appleseed is also committed to direct legal representation and reentry services, focusing on older prisoners serving extreme sentences, who will likely die in prison without legal assistance. Our post-conviction and parole work has freed more than 30 people who have served more than 800 years combined in these prisons, people such as James Jones, 78, who served 43 years before we won his freedom. 

James Jones and Appleseed’s reentry team

Among our policy victories:

Grace Period Bill

In 2022, Appleseed advocated for the Grace Period Bill, which passed in its first session. The Grace Period Bill made it so individuals leaving incarceration have about 6 months before they have to begin paying back any of their legal financial obligations. This allows them time to obtain employment and begin getting back on their feet before they’re required to pay money they don’t often have on hand. 

Constituent Services Unit Bill

In 2024, Appleseed helped move SB322, a bill that, among other things, created the Constituent Services Unit at the Alabama Department of Corrections. This unit is tasked with responding to the concerns of family members, loved ones, and anyone else who has concern for an incarcerated person. The bill mandated an online form be publicly available on ADOC’s website, which is now up and running, and that there be a phone number associated with the unit. This bill was passed in large part due to the advocacy of families of incarcerated Alabamians. 

Second Chance efforts and successful legal work

In 2019, a judge reached out to Appleseed about a case where a man had been sentenced to life without the possibility of parole for crimes with no physical injury to a person. He had served over three decades for a $50 robbery at a Bessemer bakery. Appleseed represented this man, Alvin Kennard, and he was resentenced to time served and released. Since then Appleseed has discovered there are hundreds of older incarcerated people serving life without parole sentences under the state’s Habitual Felony Offender Act for crimes with no physical injury to a person. 

In the years since 2019 Appleseed has won the release of 23 people originally sentenced to die in prison, and nearly a dozen more freed through parole. Most are over the age of 60 and all of them served multiple decades in prison. Many of their stories are documented on Appleseed’s Second Chance Alabama website. Men once condemned to die for crimes with no physical injury– often when they were young or dealing with substance use disorders– are now living lives free with their families and friends, working as buffers for Town and Country Ford or drivers for Western Express Trucking, volunteering with church ministries, playing in dominoes tournaments and walking their dogs. We’ve developed a comprehensive reentry program staffed by reentry professionals to ensure they succeed. 

A group of Appleseed’s successful second chance clients, all freed from life without parole sentences

While providing the direct legal representation required to continue obtaining freedom for these individuals who remain incarcerated, Appleseed has also worked at the legislative level to create a state-level change that would allow these individuals and their cases to be reviewed systematically by judges across the state. While the Second Chance Bill has yet to pass, the bill made it to the final step in the legislative process two out of three years, and has garnered broad, bipartisan support from former state Supreme Court justices, prison ministries, a former U.S. Congressman, and Gov. Kay Ivey herself. 

Real Solutions are within reach, but we must move past slogans and political posturing

Appleseed’s 2020 “In Trouble” report surveyed 1,011 justice- involved Alabamians about their experiences in pre-trial diversion programming and drug court. We found that Alabama’s tangle of overlapping, unaccountable, and expensive diversion programs are not equally available to people who most need them. And structural obstacles force participants to make unconscionable choices in order to succeed, including committing new crimes. Appleseed recommends fully funding diversion programs and alternatives to incarceration, rather than relying on program participants to foot the bills. We assisted the Jefferson County District Attorney’s Office in the development of Reset, a program that does just that.  

Alabama’s reliance on life imprisonment for a wide range of offenses has resulted in soaring numbers of older, incarcerated people trapped in prison until death. Appleseed’s 2022 report “Unsustainable” details Alabama’s rapidly-aging prison population and rising cost to the state to care for the more than 7000 incarcerated people over age 50. Appleseed recommends passage of a “second look” bill that would provide a mechanism for judges to review the sentences of people serving life and life without parole under Alabama’s Habitual Felony Offender Act, who have already served decades and have demonstrated rehabilitation. Expanding medical furlough laws to work as intended can also immediately alleviate systemic strain while recognizing the humanity of the individuals in Alabama’s prisons. 

In 2025 Appleseed published the “Positive Programs” report that gives examples of real-world prison programs, many led by incarcerated people, in other states that are reducing recidivism and instances of violence and fostering more humane conditions of confinement. Appleseed recommends that Alabama lawmakers, ADOC officials and other stakeholders should reach out to those out-of-state leaders to learn more about these programs, that ADOC should recognize the most successful programs are led by incarcerated people themselves and ADOC should increase its collaborations with universities and other programming partners.

You can learn more about these and other related issues by reading these and other Appleseed’s reports.

What YOU can do

Show up! The Joint Legislative Prison Oversight Committee has scheduled three meetings for 2026:

  • January 28
  • April 22
  • July 22, which will be the annual public hearing during which individual members of the public may address the board.

The presence of everyday Alabamians, families and friends of incarcerated people, faith leaders, and advocates at these meetings has led to real, systemic change and has created a renewed focus on the crisis in Alabama’s prisons. We encourage you to attend! If you can’t, the meeting can be watched live or later on The Alabama Channel. Continued attendance by concerned Alabama’s is critical to ensuring legislators know their constituents are watching. Already, the committee has taken noticed of increased attention from the public. The October committee meeting was packed and a larger room was required to hold everyone. Great job advocates!

Find out who your state legislators are and get to know them! It’s important to not only know who they are, but to build a relationship with them so you can reach out to them proactively, rather than only in a reactionary way. They represent YOU– make sure they hear from you so they can do it well! Find contact information for your state senator here, and your representative here. You do not have to be an expert on criminal justice reform. You can simply share that you are a voter who cares about the rights and treatment of incarcerated people and you want to know what they are doing to make prisons safer beyond just building more of them. You can also contact Appleseed’s Policy Director, Elaine Burdeshaw, for tips on speaking with lawmakers. She can be reached at elaine.burdeshaw@alabamaappleseed.org.

Policy Director Elaine Burdeshaw at the Alabama Statehouse with Appleseed clients

Pay attention to criminal justice legislation during the 2026 Alabama Legislative session, which starts in January. Because 2026 is an election year, lawmakers feel pressure to avoid taking risks. Leaders who support even modest prison reform can be accused of being “soft on crime,” which is unpopular in Alabama and part of what has led to the crisis documented above. While 2026  will be a tough session for creating change through legislation, even tougher than the previous six sessions, where little was accomplished, lawmakers must hear from constituents!. Sign up for Appleseed emails to learn more about the issues, the bills, and how to engage with elected officials during this important session.

Host a presentation at your church, civic group, school, or business– reach out to us and we’d be happy to join you. Appleseed can provide reports and materials to educate you and your colleagues. Also, our formerly incarcerated clients can be part of a presentation to provide vital insight on prison conditions and the urgency of reform.

Spread the word. Tell your friends, neighbors, community members about what you know. Advocacy and change often move at the speed of relationships– the more we all know, the more we can do together! Appleseed’s website contains numerous ways to learn about these issues and get involved. You can also request a presentation by Appleseed. Our policy experts, legal staff, and formerly incarcerated clients speak across the state (and sometimes in other states!) about all aspects of Alabama’s criminal justice system. Email us at admin@alabamaappleseed.org to request a presentation.

Visit the #NoMore Campaign website. The Alabama Solution campaign website contains more data, policy suggestions, and a call to action for all Alabamians to get involved. Visit NoMoreAlabama.com.

Finally, if you have a loved one who is sick or being mistreated in an Alabama prison, you should be able to get information about them. ADOC in 2025 formed the department’s Constituent Services unit staffed with employees at each major prison tasked with providing information to concerned family members and acting upon pleas from those family members and advocates for help when incarcerated people are in danger. That online form can be found here. 

 

 

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Death toll inside Alabama prisons reaches 277 in 2024

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By Eddie Burkhalter, Appleseed Researcher

Deandre Roney died June 9, 2024, after being stabbed at Donaldson Prison.

 

There were 277 deaths in Alabama prisons in 2024, a slight decline from the record high 325 from the previous year, but the state’s prison deaths remain more than four times the national average. Appleseed obtained last year’s death count through a records request to the Alabama Department of Corrections (ADOC). 

Although the official count from ADOC puts last year’s deaths at 277, the actual number could be higher. Appleseed’s records request to ADOC last year seeking the names and dates of death for those incarcerated persons who died in 2023 produced a list that included 325 deaths, which was a record high, but subsequent records requests to the Alabama Department of Economic and Community Affairs, which collected in custody death data from ADOC for submission to the federal government, and ADOC’s own quarterly reports, included deaths that were not identified in the 325 supplied to Appleseed by ADOC. Appleseed is working to clarify the actual number of deaths in 2023. 

Alabama’s prisoner mortality rate is 1,358 deaths per 100,000 people, compared with a national average across state prisons of 330 deaths per 100,000, according to the U.S. Department of Justice Bureau of Justice Statistics.

The large numbers of deaths last year only add to the tally of deaths since the federal government put Alabama on notice. There have been 1,322 deaths in Alabama prisons from the April 2019 release of the U.S. Department of Justice’s report detailing the horrific violence and unconstitutionally dangerous conditions in the state’s prisons through the end of last year. 

The federal government in December 2020 sued the state and the Department of Corrections alleging that the state “fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff.” The state has paid private, contract attorneys more than $20 million to defend these conditions and the trial has been pushed until April, 2026.

These deaths take a toll on families across the state, devastating parents, siblings, and others who held out hope that their incarcerated loved ones would someday be free and home with them. The following are just a few of the many deaths we’ve learned about this year:

 

Klifton Adam Bond (source Facebook)

The fourth person to die in 2024 was Klifton Adam Bond, 38, who was found dead in his cell at St. Clair Correctional Facility on Jan. 4, 2024. Mr. Bond was attacked on Nov. 6, 2023 at Donaldson Correctional Facility and remained in a hospital intensive care unit for 12 days, according to a lawsuit filed on behalf of his mother. 

 

 

 

 

 

 

Joshua Hamer with his son Joey (photo courtesy of his family)

A more recent death was that of Joshua Hamer, a 41-year-old father who was beaten to death in November. He’d been incarcerated on a probation violation stemming from an 8-year-old theft conviction for not returning Redbox rental movies and video game disks in 2016, according to court records. 

 

 

 

 

 

 

Chase Mathis died inside Elmore Correctional Facility on June 4 in the minutes after his father last spoke to him by phone.

Chase Mathis died inside Elmore Correctional Facility on June 4, 2024, in what the autopsy shows that the state’s medical examiner believes was an accidental “mixed Drug toxicity (fentanyl and fluorofentanyl).”

“I know why he was in the prison, but he shouldn’t have died there,” Mr. Mathis’s father, Tim Mathis, told Appleseed. He places the blame for his son’s overdose death squarely on the back of ADOC for allowing drugs inside the prisons. 

 

 

 

 

 

Kerry Dale Presnell, 36, was beaten and killed on Nov. 14, 2024, at Elmore Correctional Facility. 

Jamal Wilson, 38, was assaulted at Elmore Correctional Facility and died on Nov. 1, 2024. ADOC said at the time that he was found unresponsive on his bed and had a head injury and abrasions on both legs. 

Deandre Roney was one of four men at Donaldson Correctional Facility who died over a three-day period in June. Mr, Roney died June 9, 2024, at UAB Hospital after being stabbed in his back and in his head. Mr. Roney and his family had begged ADOC to keep him safe from a man who’d already stabbed him once, but he was not moved to safety.

Several of these families have appeared at the Legislative Joint Prison Oversight Committee to share their stories. Lawmakers on that committee have shown increasing concern for holding state officials more accountable for Alabama’s dangerous prisons. The committee meets next on January 22 at 10:30 am in room 807 in the Alabama Statehouse. 

Appleseed is working to investigate Alabama prison deaths. If you have information to share with us about the death of a loved one in the Alabama prison systems, please contact us at admin@alabamaappleseed.org.

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“I just want to know what happened to my son.”

Grieving family left without answers after Alabama’s scandal-plagued Department of Corrections fails to investigate the cause of incarcerated man’s death and suspends some autopsies 

By Eddie Burkhalter, Appleseed Researcher

Alonzo Nathaniel Williamson died after being found in respiratory distress at Limestone Correctional Facility on May 8th, just five days before his 37th birthday (photo courtesy of his family).

In the hours after Alonzo Nathaniel Williamson died after being found in respiratory distress at Limestone Correctional Facility on May 8th, the Alabama Department of Corrections (ADOC) declined to follow its standard procedure of arranging a medical death investigation to ascertain the cause of his death. As a result, Mr. Williamson’s grieving family is left not knowing what exactly killed him  just five days before his 37th birthday.

That’s because UAB Hospital terminated its longstanding agreement with ADOC to conduct autopsies and/or toxicology screens on suspected natural and overdose deaths on April 22, 2024, ADOC told Appleseed. 

“Since that time, the department has made numerous inquiries, but has been unable to find another vendor to provide autopsies for ADOC inmates who died of natural causes or suspected overdoses,” the ADOC spokeswoman wrote to Appleseed. 

The agreement between ADOC and UAB Hospital had the department paying $2,200 per autopsy and $100 per toxicology test, according to court documents filed in a lawsuit. That revenue may not have been enough to overcome the fallout of a recent lawsuit families filed against UAB after discovering that their incarcerated loved ones’ bodies were returned to them for interment missing internal organs. 

Alonzo with his brother, Marcus (photo courtesy of his family).

“UAB has terminated its contract with the Alabama Department of Corrections and no longer performs autopsies for ADOC,” a statement from UAB to Appleseed reads. “The UAB Department of Pathology has been in compliance with laws governing autopsies to determine the cause of death of incarcerated individuals under the appropriate clinical standard, and a panel of medical ethicists reviewed and endorsed our protocols regarding autopsies conducted for incarcerated persons. UAB has one of the highest ranked pathology programs in the country, is accredited by the College of American Pathologists and is staffed by credentialed physicians who are certified by the American Board of Pathology.” 

In response to Appleseed’s questions about whether the department would request a state-funded autopsy for Mr. Williamson, ADOC noted that state law doesn’t mandate the department do so for suspected natural or overdose deaths.  

“All inmate deaths are investigated by the ADOC’s Law Enforcement Services Division. However, under existing state law, post-mortem examinations or autopsies are only required for deaths resulting from unlawful, suspicious or unnatural causes. (Ala. Code Section 36-18-2).  In those cases, the deceased is transported to the Alabama Department of Forensic Sciences for an autopsy. Additionally, all deaths that occur in Jefferson County, Alabama, fall within the jurisdiction of the Jefferson County Coroner and are transported to the Jefferson County Coroner’s Office for post-mortem examinations and/or autopsies,” ADOC’s statement reads. 

“Deaths not covered under Ala. Code Section 36-18-2 receive a toxicology screen prior to being released to the inmate’s family. Although the department previously contracted with UAB hospital to conduct autopsies on suspected overdose or natural deaths; UAB terminated its long-standing agreement with the department, effective April 22, 2024.  Since that time, the department has made numerous inquiries, but has been unable to find another vendor to provide autopsies for ADOC inmates who died of natural causes or suspected overdoses,” the statement continues. 

A reduction of transparency surrounding in-custody deaths in Alabama comes as state prisons are seeing more deaths than ever. Alabama prisons in 2023 saw record high deaths for a second straight year, with 325 lives lost. This total means more than 1,000 people have died in state prison custody since 2019 when Alabama government officials were put on notice of conditions so dangerous and deadly that the state was violating the U.S. Constitution’s prohibition against cruel and unusual punishment. Altogether, there were 1,045 deaths in Alabama prisons from the April 2019 release of the U.S. Department of Justice’s report detailing the horrific violence in the state’s prisons through the end of last year, according to ADOC’s statistical reports and data Appleseed gathered through records requests.

“I just want to know what happened to my son,” Carol Williamson told Appleseed. 

A grieving family’s unanswered questions

Mrs. Williamson said that the prison’s chaplain first notified her by phone of her son’s death, and said at the time that he’d been found unresponsive in his bunk and had died from a suspected overdose. Statements from other incarcerated men who reached out to her family, notations in her son’s medical records made the day he died and a statement from ADOC to Appleseed tell a different story, however. 

Alonzo and his mother, Carol Williamson (photo courtesy of the family).

Mr. Williamson’s medical records from his time incarcerated were with his body when he arrived at the funeral home. They say that at 8:30 a.m. on the day he died, an incarcerated man took Mr. Williamson by wheelchair to the prison’s infirmary, and that Mr. Williamson “got on the stretcher by himself.” 

“He was alert and oriented but short of breath and very diaphoretic,” the records state. The medical term diaphoretic means excessive sweating due to a secondary condition. 

“The inmate stated that he had been short of breath for 3 or 4 days. He appeared to be having an anxiety attack,” the record states. “…The PT lost pulse suddenly.” 

The record states that Mr. Williamson was given a shot of Narcan, a drug used to reverse an opioid overdose, in his left thigh at 8:36 a.m. and nasal Narcan four minutes later. Medical staff began CPR at 8:41 a.m. and an ambulance was called at 8:45a.m.. Several notes in those records say “no shock advised.” 

Staff continued CPR until his death, at 9:04 a.m., according to those records, which note that the ambulance was canceled at 9:05 a.m. 

ADOC in a response to Appleseed seeking confirmation of Mr. Williamson’s death also stated that he was found in the prison’s yard, not in his bunk, as the chaplain told the family.  

“On Wednesday, May 8, 2024, an inmate death was reported at Limestone Correctional Facility. Inmate Alonzo Nathaniel Williamson was discovered in respiratory distress in the yard. He was taken to the Health Care Unit where life-saving measures were administered. Unfortunately, medical staff were unable to resuscitate him, and he was pronounced deceased by the attending physician,” an Alabama Department of Corrections (ADOC) spokeswoman wrote to Appleseed. 

An investigator with ADOC’s Law Enforcement Services Division who’s investigating Mr. Williamson’s death told Mrs. Williamson that the chaplain likely had incomplete or inaccurate information when he called to inform her of the death. Appleseed has spoken with other families who have received similar incorrect information on loved ones’ deaths from chaplains in several different prisons. 

“He was a good kid. He loved to fish, and hang out with family. He was family-oriented,” Mrs. Williamson said of her son, whom the family calls Lonnie. 

From left: Alonzo with his brothers, Jacob, and twin brother Lorenzo (photo courtesy of his family)

Lonnie’s twin brother Lorenzo, whom the family calls Renzo, is taking his brother’s death hard, his mother said. The two were very close. When Lonnie fell out of a tree growing up,  Renzo limped for two weeks, she said. 

“He’s not good. He’s not good,” Mrs. Williamson said of Renzo.

The family made the decision that if they were going to get answers as to what killed Lonnie, they’d have to take the investigation on themselves. They paid a private pathologist $5,500 to conduct an autopsy, but it’s unclear if they’ll get those answers, because Mr. Williamson’s body was embalmed by the funeral home before the pathologist conducted the autopsy, which took place on May 15th. That pathologist told the family he believes he can still find answers for them, but the family worries that won’t be the case. 

To help the family shoulder the burden of paying for the autopsy, the family set up an online fundraiser. 

Mrs. Williamson said Mr. Williamson had been off of drugs for three years prior to his death, and that he looked like himself at a viewing held for the family, but that the medical records from his time incarcerated show he may have overdosed in 2022. Dangerous drugs are readily available in Alabama prisons, and deaths by overdose or for other drug-related reasons, including retaliation for unpaid drug debt, are common.

But there’s also reason to think Mr. Williamson may have died from medical neglect, the family explained. He was stabbed seven times by another incarcerated man at Limestone in December, and released back to the prison in January, his mother said. The stabbing punctured a lung, but even long before the stabbing Mr. Williamson has been complaining to family about trouble breathing and chest pains. His mother is unsure if he received adequate followup care following the stabbing, which only exacerbated his breathing problems. 

If it was drugs that killed him, how and why were drugs inside Limestone prison, Mrs. Williamson asked. She noted the recent arrest of Limestone’s warden, Chadwick Crabtree, who’s charged with second-degree possession of marijuana, unlawful possession of a controlled substance, manufacturing of a controlled substance, and possession of drug paraphernalia. Crabtree is alleged to have grown psychedelic mushrooms at his home, according to court records. 

A shortage of funding and expertise

“Anytime a person in our community dies while in the custody of this government….We as a people should want that death vetted,” Jefferson County Chief Deputy Coroner Bill Yates told Appleseed. 

“You remove a post mortem exam from the equation, it opens up rampant rabbit trails in speculation,” Mr. Yates said of the families seeking answers for their deceased incarcerated loved ones. “In my experience, medical legal death investigation in Alabama is dysfunctional. It needs to be revamped.” 

Alonzo with his niece, Kinna (photo courtesy of his family).

In Jefferson County, unlike every other county in Alabama except for Mobile and Tuscaloosa counties, a board certified forensic pathologist investigates unnatural deaths, and by local law must investigate all in-custody deaths. Jefferson County prior to 1977 operated under the coroner system, which saw the election of typically untrained and uncertified lay people by the county’s voters. The legislature abolished that system in 1977 that system, replacing it with the Jefferson County Coroner/Medical Examiner’s Office, which requires the coroner/medical examiner of Jefferson County to be a board certified forensic pathologist. 

Mr. Yates explained that Jefferson County’s large population can adequately fund his office, whereas in many other smaller population counties, that’s not the case, and those coroners’ offices often work with few resources. He described one such small county that didn’t have a vehicle able to transport deceased persons. 

“The problem I see is the state of Alabama coroner law does not require that the coroner take jurisdiction to determine cause and manner of death in in-custody deaths,” Mr. Yates said. He would like to see that law changed to require coroners to take jurisdiction over all in-custody deaths. 

“There are different levels of jurisdiction, but at a minimum, you should be the one signing a report. You, as the coroner, should be the one signing the death certificate for cause and manner of death. How you go about doing your investigation, that should probably be left to the coroner, as to the extent of it,” Mr. Yates said.

That’s where funding comes into play. Some county coroners have told the Alabama Department of Corrections that in-custody deaths should be handled by ADOC’s contracted health care providers, which have state board certified doctors on staff. 

“Somebody dies in your prison, don’t contact me. I don’t need to know about it,” Mr.  Yates said those coroners have told ADOC. 

“They can make them do it,” Mr. Yates said of ADOC requiring vendor-employed doctors to handle in-custody deaths. “But they’re a contracted entity by the Department of Corrections, so if you go back to this idea of all in-custody deaths being vetted by an outside source, then I don’t think you really should have that vendor doctor in-house signing the death certificate. It’s really just common sense.” 

Some county coroners have said they’ll sign death certificates for in-custody deaths, but they decline to request post-mortem exams or have toxicology screenings done, and they may also decline to take custody of the body, and instead require the body be sent to the funeral home of the family’s choosing, Mr. Yates explained.

“Or they can take it one step more and they say, well, I’ll come to the scene and look at the body, but I’m not doing anything else, other than signing the death certificate and do a report,” Mr. Yates said. 

State law doesn’t allow a county coroner to order a post-mortem exam through the State Medical Examiners Office. To get a state-funded autopsy done, a coroner must by law get permission from the local district attorney, circuit court clerk or judge, or from the governor, Mr. Yates said. He explained that local DA’s are typically focused on handling criminal matters, not deaths in which there isn’t thought to be a crime committed, such as a suspected in-custody natural or overdose death. 

To complicate matters, state law requires that, even if a coroner gets permission to order a taxpayer-funded post-mortem exam by the state Medical Examiner’s office, the extent to which that exam is done – whether a full autopsy or simply a review of the body, or a toxicology screening – is decided upon by the forensic pathologist at the state Medical Examiners office and not the local coroner. State law also says that transporting the body to the state medical examiner’s office is the responsibility of the law enforcement agency that would have jurisdiction to investigate, if there needed to be a criminal investigation done, Mr. Yates said. 

“So where does their interest end?” Mr.  Yates said of those local law enforcement agencies.  “If there’s no obvious signs of a criminal violation, naturally they’re going to lose interest.” 

If those local county coroners decide to forgo the state-funded post-mortem exam through the state Medical Examiner’s office, they can seek such exams from pathologists at local hospitals, but that cost falls upon the local coroner’s offices. That’s a burden many such offices cannot afford, Mr.  Yates explained. 

Alonzo with his grandfather, Gary Wallace (photo courtesy of his family).

He commended ADOC for having contracted with UAB Hospital years ago to conduct those autopsies, and said that while the public might think that in-custody deaths are the responsibility of local coroners to investigate, that burden, in all but a few counties, legally falls upon ADOC to manage and pay for. 

 “And I really do think they were kind of left out to dry in this situation. They’ve got prisons in all of these rural counties all over the state,” Mr. Yates said. 

He explained that he doesn’t have an opinion about who’s right or wrong in the missing organs matter, and said that while he doesn’t blame UAB Hospital for cutting ties with ADOC, given the immense public pressure and legal cases that have resulted, his office doesn’t have the resources needed to handle all of ADOC’s post-mortem needs. 

“We need another doctor as is, just to keep up with our case loads from Jefferson County,” he said, noting that homicides in his county do not make up most of his office’s workload, which instead is busiest investigating all other suspected unnatural deaths. 

“I think we need to not look at the Department of Corrections specifically. I think there needs to be a comprehensive rewrite of the coroner law in Alabama,” he said.

Mr. Yates explained that he hates what has happened between UAB and ADOC, and what it means for the outcomes of those in-custody death investigations. He recommended ADOC make a practice of referring all in-custody deaths to local coroners for examination.

Transparency Matters

It’s critically important to the families of those who died in custody, and to the public, to understand why these deaths are occurring, and when they were preventable, Aaron Littman, assistant professor of law at UCLA School of Law, deputy director of the UCLA Law Behind Bars Data Project and faculty director of the law school’s Prisoners’ Rights Clinic told Appleseed. 

“There is a national crisis of failure to report and understand deaths in custody, and the importance of that really can’t be overstated,” Mr. Littman said. “These deaths are happening out of public view, and in institutions that have total control over people’s access to information, access to medical care, institutions that are often plagued by violence, and often access to illegal substances.” 

Without those critical, substantive medical death investigations, the door is left open for all sorts of problems, Mr. Littman explained. 

“It might be the case that a death that is suspected of being of natural causes, is not. Either that’s because it is substance-related, or because it is in fact violence-related. Whether it is death that resulted from a medical process, but one that could have been easily avoided had appropriate medical care been provided in a timely fashion,” Mr. Littman said. “These are the sorts of things that we don’t know if death investigations aren’t conducted.”

There’s good reason to be concerned about less transparency when it comes to in-custody deaths in Alabama. ADOC has a history of misclassifying deaths, as the U.S. Department of Justice noted in a 2019 report. “There are numerous instances where ADOC incident reports classified deaths as due to ‘natural’ causes when, in actuality, the deaths were likely caused by prisoner -on- prisoner violence,” according to the U.S. Department of Justice’s findings in the report.

The death certificate for Christopher Latham, 40, who died on Oct. 10, 2023, following an assault by another incarcerated man at Ventress Correctional Facility on Oct. 4, lists the manner of death as an “Accident” despite also noting that the injury was the result of a “prison fight.” The death certificate, first obtained by ABC 33/40’s Cynthia Gould, lists the immediate cause of death as respiratory failure and the underlying cause as “Intracranial Trauma.” Mr. Latham had previously been struck in the head with a weight at Staton Correctional Facility prior to being taken to Ventress prison, where the second assault occurred, according to statements from his family and ADOC.

“In terms of drug use, to the extent that the prison system has an interest in addressing the problem of people dying of overdose, which of course it should, it’s important to understand what people are overdosing on,” Mr. Littman said. “So that requires a toxicology screen, and in my view, the failure to conduct medical examinations reflects a profound disinterest in keeping people healthy and safe.”

Alonzo Williamson (photo courtesy of his family)

There’s also a concern over who is making the decision that a particular in-custody death might be a suspected overdose or from natural causes, which in Alabama prisons now would mean no state-funded autopsy or toxicology screening. 

“Whether or not a person making that decision has some incentive to minimize the number of autopsies conducted, which they might if they work for the prison system, they’re unlikely to be qualified to make that decision,” Mr. Littman said. “If that person is an employee of the prison system, they are not a medical examiner.” 

“A well-functioning prison system considers information it receives about who is dying and how, and uses that information to adapt to change policies, to shift practices, to potentially hire more or different staff in some areas or another,” Mr. Littman said. “It responds to what it learns in order to improve things and keep people healthy and safe, and if you don’t have the information, you simply can’t do that.”

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Three Years of Freedom for “Shoe”

Michael Schumacher was supposed to die in prison. Now he’s a husband doing yard work, a grandpa rocking his grandson, and a valued hospital employee.

By Michael “Shoe” Schumacher

Michael “Shoe” Schumacher surrounded by his family.

Live from New Jersey, April 9, 2024 –It’s hard to believe that it’s been 3 years since my release from the hotel after 36 years of torture. It’s still like a dream to me with the fear of waking up and still being in an abyss filled with death and corruption.

God has really blessed me since I have been out, actually He has blessed me my whole life but I didn’t have enough sense to recognize or appreciate it. Since my release from Holman prison in 2021, I have been married to the love of my life Kathlyn, and I still can’t believe that! I have gone to college on the internet and have been certified as a logistics technician. Greg Womble, a filmmaker, and Elaine Witt, a journalist, got interested in Kathlyn’s and my story and produced a documentary film called “Love Without Parole.” The film has been shown in several film festivals across the country and PBS even picked it up and broadcasted it.

I have relocated to New Jersey to be with Kathlyn, and I had to learn a number of things. One is how to parallel park as there is nowhere else to park in the city. I got it down and went and passed my driving test and now am a licensed driver. I have gone and opened a bank account and have debit and credit cards. My credit score is in the very good category now and this amazes me because I can remember when I got out I didn’t even register. I am still paranoid of online banking but it’s how things are done in this day and age.

Kathlyn regularly reminds me that it’s not the early 80’s and prices are high, I have had a hard time swallowing how much things cost. It’s mind blowing to say the least. But I can pay for what I need because I got myself a full time job at a hospital for the mentally ill. I like the job because it provides me an opportunity to be a servant and I have always wanted to help others who can’t take care of themselves.

Folks still think I am crazy because I still find enjoyment in doing laundry and ironing. It’s awesome! I have found YouTube to be a very helpful tool. I have used it to learn how to cook different things. I even learned how to cook black eyed peas and ham hocks in the crock pot. Had to have them for New Years. I also enjoy doing the yard work, the weed eater was new to me but I have mastered that now. I got myself a mini chainsaw and this has been a treat. Now that I work full time I will have to figure out when I will do yard work.

I am better on my I-phone and can remember the day after my release Kathlyn bought me my smartphone and I didn’t even know how to turn it on. Now it’s just a way of life for me and I am amazed at the technology these days. I also continue to play Scrabble daily on the internet and even am a member of a Scrabble club that meets once a week.

Pappa Shoe and his grandson Akari.

I have found a Church that I like. God has blessed me in so many ways, as I think about it, He has given me everything I missed out on in the hotel those 36 years. I am now a Grandpa!. My daughter Kimberly had a baby boy eight weeks ago and his name is Akari. This is a new experience for me but I welcome it. How can you not love a baby? I am going to have a T-shirt made that says PAPPA SHOE! I am fixing to start reading to him out of the Scrabble Dictionary.

I stay in contact with 6 or 7 people in the hotel and they like to hear about what all I am doing and they use it as a safety line to help them hold on cause they can remember when I was in prison with a sentence of Life Without Parole and then here I am.

God is good all the time!

Special thanks to J. Mark White and Hope Marshall of White, Arnold, and Dowd, whose pro bono assistance helped secure Michael’s freedom.

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Four Years After the U.S. Department of Justice Warning, Alabama’s Prisons Have Only Gotten Worse

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State leaders promised to find an Alabama Solution to the “deeply humiliating” federal findings. But 698 incarcerated people have since died in state prisons, a new $1 billion prison will not open until 2026, and the federal trial is scheduled for next year. 

By Eddie Burkhalter and Carla Crowder

This week marks the fourth anniversary of the U.S. Department of Justice report detailing such horrific and widespread violence, death, and sexual abuse inside Alabama’s prisons for men that state officials were forced into account for “severe, systemic,” constitutional violations meticulously documented in the 56-page report signed by all three Alabama U.S. Attorneys. 

“This problem has been kicked down the road for the last time,” Gov. Kay Ivey said in a statement, six weeks after the report’s release. “Over the coming months, my Administration will be working closely with DOJ to ensure that our mutual concerns are addressed and that we remain steadfast in our commitment to public safety, making certain that this Alabama problem has an Alabama solution.”

Those concerns were not addressed. The DOJ issued a second report in July 2020 detailing widespread use of excessive force, including deadly force, by corrections officers against incarcerated people. And in December 2020, the federal government sued the state and the Department of Corrections in a case that is scheduled for trial in less than 18 months. At that time, DOJ lawyers will attempt to prove that the state “fails to provide adequate protection from prisoner-on-prisoner violence and prisoner-on-prisoner sexual abuse, fails to provide safe and sanitary conditions, and subjects prisoners to excessive force at the hands of prison staff,” as alleged in the lawsuit.

Those of us closely following the state’s promised responses, the so-called “Alabama solution” to the federal intervention, had reason to believe that there would have been progress by now against the constant violence, overcrowding, understaffing, corruption, and mismanagement documented four years ago by the Republican-led Justice Department..   

Instead, all of the factors contributing to the “enormous breadth of ADOC’s Eighth Amendment violations” in the words of the DOJ, have gone in the opposite direction; they’ve gotten worse. Except for one – the population of individuals crowded into ADOC’s major facilities has declined by 511 since April 2019.  But during this time frame, 698 incarcerated people have died in these prisons, according to ADOC’s monthly statistical reports. Thus, much of that decline can be attributed to the matter at the heart of the litigation, that “Alabama is incarcerating prisoners under conditions that pose a substantial risk of serious harm and death.”

Given that the clock is ticking on a trial that will have major ramifications for public safety and the justice system statewide, it’s important for Alabamians to understand how we got here, what has transpired in response, and how other states have fared in similar situations. 

“Minimal Remedial Measures”

News headlines highlighting Alabama’s prison crisis

Alabama’s prison crisis was nothing new, but the federal government’s report –  technically a Notice required by the Civil Rights of Incarcerated Persons Act (CRIPA), that provides statutory authority for the federal government to investigate and intervene in a state’s systemic failure to protect the incarcerated – brought the crisis to the nation’s attention. 

Shameful neglect and abuse of thousands of Alabamians that had been hidden for years suddenly tumbled onto the front pages of publications ranging from the Montgomery Advertiser to the New York Times. Fox News quoted then-Sen. Cam Ward describing the findings as “deeply humiliating” for Alabama. “It’s disgusting. I mean, it is.”

If ADOC leadership were confused about how to begin to ameliorate the myriad of problems, all they had to do was to keep reading. 

The 2019 report listed “minimal remedial measures” ADOC should take to begin making prisons safer and avoid a lawsuit. Among them:

  • contact the director of the National Institute of Corrections to arrange a joint conversation between the department, NIC and the DOJ to discuss the areas in Alabama prisons that needed immediate attention.
  • develop a centralized system to contain autopsy reports of all incarcerated people who die in ADOC custody. 
  • draft a policy requiring the screening of every person who enters prisons (staff, volunteers, visitors, etc…) and to implement that policy within one month.
  • reclassify every incarcerated person for sexual safety issues, and ensure that potential predators are separated from potential victims. 
  • immediately begin shakedowns to stem the flow of contraband, such that 15 percent of all housing areas are searched every day, with congregate areas searched every week.

An ADOC spokesperson in a response to Appleseed on Monday said the department was and is in contact with the director of the National Institute of Corrections to receive advice and training on correctional-related issues, including a recent training on staffing analysis. ADOC’s response did not address the question about the DOJ’s recommendation to develop a centralized system to contain autopsy reports of all incarcerated people who die in ADOC custody. 

ADOC also claimed in its response that some of the policies suggested by the DOJ were already in place and suggested that the federal lawsuit was premature. “Rather than continuing to collaborate with the ADOC to find workable solutions to these issues, DOJ surprised the state by abruptly filing suit in December 2019,” the ADOC stated. The lawsuit was filed in December 2020, twenty months after the Notice and following 52 deaths from homicide, suicide or drug overdoses in 2019 and 2020.

Subsequent DOJ filings, including the May 2021 amended complaint in the ongoing litigation, makes clear that ADOC has fallen short in addressing the primary contributor to the unconstitutional violence: contraband. (“ADOC told us that ADOC staff are bringing illegal contraband into Alabama’s prisons,” the 2019 report noted.) 

According to the DOJ, illicit cellphones and drugs that pour into the prisons through cell phone usage are a major contributor to the widespread violence, as “the inability to pay drug debts leads to beatings, kidnappings, stabbings, sexual abuse, and homicides.”  

The complaint goes on to note: “Although ADOC has not allowed visitors into Alabama’s Prisons for Men since March 2020 pursuant to COVID-19 restrictions, prisoners continue to have easy access to drugs and other illegal contraband,” suggesting visitors are not the source.

While ADOC has made arrests of officers charged with bringing in contraband, the flow of drugs, weapons and other contraband continues. Incarcerated people tell Appleseed that ADOC’s Correctional Emergency Response Teams often raid a prison dorm prior to a visit to the dorm by DOJ’s attorneys, clearing the area of contraband, only for it all to return shortly afterward. 

ADOC continues to insist that incarcerated people are single-handedly responsible for the delivery of contraband:  “The ADOC continues to employ a myriad of strategies to find and eliminate contraband in its facilities.  As the ADOC explores and develops new strategies, inmates continue to find new ways to introduce contraband.  Thus, ADOC’s efforts to find and prevent contraband are always evolving, and the department continues to look for new and innovative methods of eliminating the existence and introduction of contraband into its facilities,” the response reads. 

None of the numbers are moving in the right direction

A vigil in remembrance of the nearly 300 people who have died in Alabama’s prisons this past year was held on March 7, 2023 at the State Capitol. Photo by Lee Hedgepeth.

Year after year conditions have only worsened, and promises from state leaders then to fix the crisis have yet to materialize.

The DOJ report noted that an “egregious level of understaffing” results in increased violence and death, with prisons employing 1,072 of the 3,336 authorized officers. Four years later, ADOC Commissioner John Hamm stood in front of legislative budget leaders, basically threw up his hands at the persistent lack of security staff and asked with a straight face, “any suggestions you have we’re all ears.”

U.S. District Judge Myron Thompson in a separate case about mental health care in prisons in 2017 ordered the state to hire an additional 2,000 correctional officers, but in February, 2023, the judge warned the state that staffing remains critically low.  “We had horrendous understaffing in this department and something has to be done,” Thompson said.

 Again, the numbers are moving in the wrong direction.

ADOC’s quarterly report published in January states that for the fiscal year ending on Sept. 30, 2022, ADOC recorded a net decrease of 415 security employees. The latest quarterly report shows another net loss of 52 security staff as of Dec. 31, 2022. 

ADOC has added new types of security staff to try and boost numbers – cubicle operators who can only operate doors, and basic correctional officers who have a shorter training period than other officers. The agency raised salaries so that officers at maximum security facilities start at $55,855, a salary it would take 17 years as a public school teacher to earn. It’s too soon to tell if that salary will help recruitment. Nothing else has.  

These deficits are not abstract for thousands of Alabamians living in prisons and for desperate family members who just want their loved ones to finish their sentences alive.

In images shared on social media by incarcerated people, correctional officers in several Alabama prisons can be seen sleeping inside their cubicles. Incarcerated people tell Appleseed that they’re often left to fend for themselves if attacked. In instances when a person is critically wounded, officers have been slow to respond, sometimes resulting in death while other incarcerated men clamor to get officers’ attention to render aid.  

“Inmates have knives and axes and drugs including fentanyl; they are available in copious amounts in these prisons,” wrote the mother of a man serving 15 years at Limestone prison. “He was attacked while on the phone 3 days ago and said nothing to anyone about it because that’s what causes you to be stabbed. He was attacked this morning going into the bathroom and now has a broken rib and received 7 stitches in his mouth and sent back to his dorm.”

If understaffing is one ingredient in the deadly mixture that makes up state prisons, overpopulation is the other. 

The month that DOJ’s report was published in 2019, Alabama prisons were at 168 percent capacity, according to ADOC’s statistical report. Alabama prisons remained at 168 percent capacity in January, according to the latest report. 

To add to the deadly mixture, paroles in Alabama have plummeted since 2017. 

During the 2022 fiscal year the three-member Pardons and Paroles Board denied 90 percent of applicants for paroles, according to board statistics, down from 46 percent denied during fiscal year 2017, and Black applicants are being paroled less than half as often as white applicants. 

What happens when you have understaffed, overpopulated prisons? According to the DOJ report, “inadequate supervision that results in a substantial risk of serious harm.” The report highlighted five stabbing deaths in prisons that year in which those men had previously been stabbed and survived. “ADOC, with the knowledge that previously stabbed prisoners were at risk for further violence, took no meaningful efforts to protect these prisoners from serious harm—harm that was eventually deadly,” the report reads. 

The meticulous documentation of death after death after death seemed shocking in 2019. But shock gave way to resignation and this grim status quo is just that, just the way prisons are, for most of Alabama’s elected leadership. In a recent meeting to discuss prison conditions and possible solutions, a freshman representative dismissed our concerns, saying that prisons aren’t supposed to be “the Taj Majal.”  

Against the persistent backdrop, prison deaths have surged, reaching a record high 270 last year, more than double the 130 deaths in 2019 when the report was released and officials vowed to take the bloodshed seriously. At that time the homicide rate in Alabama’s prisons was eight times the national rate. It has gotten worse.

At least 95 of the 270 deaths in 2022 were preventable deaths: homicides, suicides, and confirmed or suspected drug-related deaths, according to investigative reporter Beth Shelburne. This is the highest number of preventable deaths since she began tracking them in 2018.

So far this year someone has died in Alabama prisons every other day. Our research has confirmed 36 prison deaths. Among those, 27 were suspected to be overdoses, one suicide and four suspected homicides.  

Study group formed, but results lacking

The Governor’s Study Group on Criminal Justice Policy. Photo courtesy of the Associated Press.

We are not suggesting state leadership has not responded to the allegations in the four-year-old report, but the meager responses have produced few results to assuage the breathtaking brokenness of Alabama’s largest law enforcement agency as documented in 2019.  And the 2023 legislative session so far has seen efforts to fast-track bills that will increase prison sentences and intensify the ADOC chaos.

Initially, the Governor’s Office promised a multi-faceted, data-driven solution. By executive order three months after the DOJ report was released, Ivey formed the nine-member Governor’s Study Group on Criminal Justice Policy and tasked the members with analyzing data and best practices, and seeking solutions to the prison crisis. 

Former Alabama Supreme Court Justice Champ Lyons and chairman of the Governor’s Study Group on Criminal Justice Policy

The task force met for seven months and in a 10-page letter to Ivey suggested modest sentencing reforms, a focus on educational and rehabilitative programs aimed at reducing recidivism and an increase in the number of people released early and placed on mandatory supervision. 

The study group noted that a 2015 law that allowed for early release and mandatory supervision for some incarcerated people only applied to those sentenced after 2015, and suggested it be expanded to those sentenced prior to the law being enacted. Under the law those sentenced to up to five years could be released as early as five months before the end of their sentence. Those serving up to 10 years could be released as much as a year early. 

A bill to impact those sentenced before 2015 passed decisively with bipartisan support in 2021. Its supporters saw it as a way to reduce recidivism and ease prison overcrowding, noting studies that found that monitoring those released does just that. 

Systematic problems with underfunded, chaotic victim notification systems slowed those early releases, Appleseed discovered, but once releases began, pushback was swift and now there is legislation to undo this slim bit of reform. 

“When this bill passed in 2021 originally, it was something that I was very much opposed to, and had concerns about the passage of,” Sen. Chris Elliott, R-Fairhope, told Alabama Reflector. Elliott filed a bill on Jan. 31 that would delay those early releases until 2030. 

Ivey’s study group also recommended enhanced early release incentives. 

Sen. April Weaver (R-Brierfield) introduced the Good Time Bill in the 2023 legislative session

“As with sentencing reform, public safety requires  great  caution  in  determining  who might  be  eligible  for  such  incentives,” study group chairman and former Alabama Supreme Court Justice Champ Lyons wrote to Ivey. “Nevertheless, we support the award of early release incentives for those inmates who complete certain courses and maintain good behavior while incarcerated.” 

The Alabama Legislature approved of that recommendation, and Ivey in May 2021 signed into law a bill that reduces prison sentences by up to one year for incarcerated people who complete academic and vocational programs while in prison.

But it didn’t take long for the Legislature to begin working to reverse that gain, and 10 months after Ivey signed that the Alabama Senate approved a bill sponsored by Sen. April Weaver, R-Brierfield, that would reduce the amount of “good time” incarcerated people can earn. 

Weaver has cited the June 2022 shooting death of Bibb County Deputy Brad Johnson as the impetus. Austin Patrick Hall, who has been charged in the death, was allowed early release on good time despite numerous infractions, both in and out of prison, including an escape, for which Hall was not charged for three years – until after Johnson’s death.

Had ADOC followed existing law and forfeited Hall’s good time after his escape from the Camden Work Release Center in 2019, or if Hall had been timely prosecuted for the escape, Hall would not have been out of prison when Johnson was shot, the Alabama Political Reporter noted in August 2022.

Rep. Chris England (D-Tuscaloosa) has repeatedly sponsored bills aimed at reducing the prison population and holding ADOC accountable

In reality, a dysfunctional system unable to follow laws already in place contributed to Johnson’s death. Lengthening sentences in prisons unable to provide rehabilitative services or even keep prisoners alive is unlikely to produce the public safety results Alabama deserves. It’s important to recognize that multiple instances in which lawmakers have toughened sentences were in response to individuals who have served time in these hellish settings, been released with no rehabilitation and then gone on to harm Alabamians. 

Not all lawmakers have been complacent. Rep. Chris England (D-Tuscaloosa) has repeatedly sponsored bills aimed at reducing the prison population and holding ADOC accountable. England’s bill requiring increased reporting by ADOC passed in 2022. The agency now posts quarterly reports that document drugs and weapons confiscated at the prisons. The reports routinely list free world weapons and even firearm confiscations. But no one in state leadership has expressed concerns about this new data.

Alabama’s long history of abusing the incarcerated until federal officials make us stop

When it comes to Alabama’s prison crisis, there’s nothing new under the sun. 

That’s how Austin Sarat, the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College in Massachusetts, described the state’s prison problems, and placed them into historical context during a conversation with Appleseed. Sarat has been a visiting professor at the University of Alabama School of Law, teaching a course on punishment.

Sarat discussed U.S. District Court Judge Frank Johnson’s 1976 opinion in the landmark Alabama case Pugh v. Locke, in which the plaintiff, an incarcerated man named Jerry Pugh, sued ADOC for failing to protect him and others from violence in violation of the Fourth and Eighteenth Amendments to the U.S. Constitution. 

U.S. District Court Judge Frank Johnson’s 1976 opinion in the landmark Alabama case Pugh v. Locke. Photo by Birmingham News.

Johnson agreed, and appointed a special master to ensure ADOC followed his orders to resolve the dangerously unconstitutional conditions nearly 50 years ago. ADOC remained under federal supervision for 13 years. The Court enjoined ADOC from accepting any new prisoners, except escapees, into four prisons until the population was reduced. In July 1988 ADOC was forced to release 222 incarcerated people early. State prisons had many of the same problems then as today; they were overcrowded and violent, the buildings were dilapidated and unsanitary. “Reading the DOJ report and findings, if you close your eyes, it could have been Frank Johnson writing them,” Sarat said. 

Sarat described Johnson’s remedial decree as “extraordinarily detailed and quite controversial.” 

“At the time that he made the decision, he was among the first judges to say that prisoners retain all rights, except those necessarily lost as an incident of confinement,” Sarat said. 

Lost in the emphasis on prison construction as a remedy to the current crisis is the fact that Alabama embarked on a prison building spree in the 1980s to make things right. It was not a long-term solution.

A warning from California and a lesson from Texas

California Institution for Men from Brown vs. Plata

What could Alabamians expect to come out of the federal government’s lawsuit over Alabama’s broken prisons? One might look at a similar case in California that resulted in a court order to reduce the state’s prison population by more than 30,000 people within two years. 

“The situation had gotten so bad, reading the Plata decision, I realized that we were really heading down the exact same road,” said then-Sen. Cam Ward, as chair of the Legislature’s Prison Oversight Committee eight years ago. 

The U.S. Supreme Court in the 2011 Brown v. Plata case ordered California to remedy unconstitutional conditions that deprived incarcerated people of adequate medical and mental health care. For starters, the State had to find a way to reduce its prisons to 137% of designed capacity from about 200%.  One tactic, called “realignment” required county systems to house all non-violent and non-sex offenders upon conviction to free up prison space for everyone else. Implementation was not easy, however, given that most county jails lacked unused space as well as sufficient treatment and programming to provide rehabilitation. 

It’s important for Alabama officials to recognize the Plata Court’s emphasis on violence and death. The Court noted that in 2006 “a preventable or possibly preventable death occurred” somewhere in California’s prison system “once every five to six days.” 

Alabama is worse. Our prisons have thousands fewer people than California’s, but more deaths. In Alabama prisons so far this year, someone has died every other day. Of the 36 deaths in Alabama prisons Appleseed has confirmed so far this year, 32 were preventable. 

If Alabama’s conservative “tough on crime” lawmakers might wince at the notion of looking at California for answers to Alabama’s problems, perhaps they should look at Texas.

Texas was on track to need 17,000 new prison beds by 2012, at a cost of approximately $2 billion, but instead, lawmakers appropriated $241 million for drug treatment programs in and outside of prisons, and created specialty courts to handle those struggling with drugs, and veterans in need of special care. 

“According to Texas Department of Public Safety statistics, from 2007 to 2008 Texas saw a 5 percent decline in murders, a 4.3 percent decline in robberies, and a 6.8 percent drop in rapes,” according to the Daily Beast. “ In those same years, Right on Crime, a conservative think tank devoted to criminal justice reform, reports the number of parolees convicted of a new crime fell 7.6 percent; the number of incarcerations dropped 4.5 percent.”

Texas lawmakers in 2011 closed the state’s second-oldest prison, and within another two years shuttered two more prisons. 

“You want to talk about real conservative governance?” then-Texas Gov. Rick Perry asked the audience at the 2014 Conservative Political Action Conference. “Shut prisons down. Save that money.” 

Alabama’s Billion Dollar Solution

Thus far, the Alabama Solution does not involve saving money.

The DOJ in the 2019 report wrote that while new buildings may solve some of the problems it identified “new facilities alone will not resolve the contributing factors to the overall unconstitutional conditions.”

Even so, dating back to Ivey’s predecessor, Gov. Robert Bentley, the plan for many years has been to build new prisons, with the promise that doing so will solve the crisis. 

Ivey’s previous plan, which called for new prisons to be built by the private prison company CoreCivic and leased to the state at a cost of $3.6 billion, fell through when CoreCivic was unable to secure financing for the deal, following much pressure against financial firms from investing in prisons.

Alabama lawmakers in 2022 approved $1.3 billion to build two 4,000-bed prisons for men, agreeing to direct $400 million in federal COVID aid toward the projects. That budget includes a $785 million bond issue and $135 million from the state’s General Fund. The state in April 2022 signed a $623 million contract with Caddell Construction to build a 4,000-bed prison for men in Elmore County. 

Last month, the cost of one prison jumped to $1 billion and the expected completion date was extended several months. At this rate, it will not be open until about 2 years after the 2024 trial. A second prison, promised for Escambia County, is without a contractor and seemingly without most of the funding needed to build it, unless state leaders have a surprise funding stream. Gov. Ivey has requested $100 million from the Education Trust Fund budget to go into prison construction, but that still would not come close to bridging the funding gap created by the Billion Dollar Prison.    

It’s unclear how the state will pay for the second planned new 4,000-bed prison in Escambia County. The new construction will not add space, but will only replace dilapidated prisons.

“Alabama is not the only state, but it turns out that it seems that prison construction is one place where budget constraints, at the end of the day, often don’t matter,” Sarat told Appleseed. “They matter in public education. They matter in health care. They matter in infrastructure, but it doesn’t seem to matter all that much when it comes to how much we’re going to spend on the prison system.”

“This is abnormal and so wrong.” Views from the inside

Family members at the Vigil for Victim’s on March 7, 2023. Photo by Lee Hedgepeth

Beyond the back-and-forth between state leaders and the federal government attempting to hold them accountable are the voices of people barely surviving in the prisons they were supposedly sent for rehabilitation.

The sister of a man serving at Bullock prison described to Appleseed two separate attacks that nearly cost her brother his life.  “My brother was assaulted on March 6th and 21st 2021 at Bullock Correctional Facility. He almost lost his life on the 21st; he had to be airlifted, placed on life support and was left with a collapsed lung, [and] they returned him from the hospital within 3 DAYS!!!! They put him back in population, with stitches, staples, a tube and he had to sleep on the floor!!!!!! He was stabbed over 30 times,” the sister wrote. 

A man who served several years at Fountain Correctional Facility told Appleseed that when he first entered the prison he had no idea what he was in for.  “Over the 2 years I was there I saw more stabbings than I could count and was beaten several times myself,” the man wrote. “I woke up one night tied to my bunk and was beaten and sexually assaulted for what seemed an eternity. I continued to be sexually assaulted multiple times and never reported it for fear of being killed if I did.” 

“I was forced to do things that I never dreamed of doing in order to survive,” he said in the letter. “I tried reporting one incident when I was almost stabbed by someone who was trying to rape me and wasn’t taken seriously by officers, even humiliated and made fun of.”

An elderly man serving a sentence of life without parole at Donaldson Correctional Facility wrote to Appleseed about his concerns over understaffing, poor living conditions and the rash of overdoses. 

“At night time [there is] only one officer to watch 650 prisoners,” he wrote. “We have prisoners here who are ‘homeless.’ Prisoners who are afraid to to go into an assigned cell b/c of being raped, set up to be robbed, beat up, and etc. These prisoners sleep in the open day room, some sleep under the stairs, some sleep in the old–not used–showers.” 

Donaldson prison’s infirmary sees two to three overdoses daily. “We have had as much as 5 in one day. The Infirmary does not keep a count on overdoses…90% of the contraband coming into prison is coming in by officers; and these officers are being aided with the help of other officers.”  

Four years ago, the DOJ began its report, with a description of a scene from Bibb County Correctional Facility: “At the back of the dormitory and not visible from the front door, two prisoners started stabbing their intended victim. The victim screamed for help. Another prisoner tried to intervene and he, too, was stabbed. The initial victim dragged himself to the front doors of the dormitory. Prisoners banged on the locked doors to get the attention of security staff. …The prisoner eventually bled to death. One resident told us he could still hear the victim’s screams in his sleep.”

The State of Alabama still houses tens of thousands of people in these conditions. Four years after a blistering warning from the U.S. Department of Justice, nothing has changed.

In July, Antonio Wallace wrote to Appleseed from Bibb. Wallace had survived in Alabama’s prisons since age 17. He had served 35 years for his role in a murder at age 16 when he was homeless and using drugs. Wallace was hoping to finally be granted parole. “I’m ready to come back [into] society and live the life of which I know what I suppose to do, be the father to my daughter and a grand dad to my grand baby girls,” Wallace wrote. “So I ask again: please don’t let me die in here.”

Just three months after sending this letter, Wallace was found unresponsive and pronounced dead, the result of a suspected overdose, according to sources inside Bibb prison. He was 51 years old. 

“Yes I was a juvenile when I got off into this mess and from there my life hasn’t been much of anything and it’s sad when I look back at my situation and see nothing from there,” Wallace wrote. “I know I have good in me. I know I can function, if and when [given] a chance back into society. …I came in as a juvenile and I had to grow up in a place such as this which is abnormal and so wrong.” 

Appleseed Legal Assistant Libby Rau contributed to this report.

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Leaving prison and finding joy at age 88

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John Coleman served 34 years for offenses involving no physical injury under Alabama’s Habitual Felony Offender Act. Now he’s free and experiencing kindness for the first time in way too long.

By Carla Crowder, Executive Director

John Coleman was sentenced to die in prison and is released after serving 34 years. He recently celebrated his 89th birthday. Photo by Bernard Troncale.

“I’m 86 years old and all alone. Please don’t let me die in prison. I’m not ready to die yet.” 

John Coleman wrote those words to me in June of 2020. He was suffering with kidney disease and living in the infirmary at St. Clair Correctional Facility, once the state’s most violent and mismanaged prison and recently the subject of a federal class-action lawsuit. I visited St. Clair frequently and had toured the entire place nearly a decade ago. It was shameful that Alabama housed anyone in these third-world conditions, much less octogenarians.  

“I’m proud to say that at 86 years old I can still bathe myself, still put my underwear and clothes on right, my socks and shoes all by myself,” Mr. Coleman wrote, as if to signal that he would not be much trouble if he was, somehow, released from prison.

For the last three years, Appleseed has been working to free incarcerated Alabamians from extreme sentences imposed decades ago under the state’s draconian Habitual Felony Offender Act (HFOA). Everyone comes to us with a sentence of life imprisonment without parole; they’re supposed to die in prison. Because none of their offenses involved physical injury to another person, we are sometimes able to persuade prosecutors and judges that these sentences are excessive, these men have been punished enough, and they are no longer a threat to anyone.

Mr. Coleman blows out his candle on his requested pecan pie for his 89th birthday.

Once our clients are freed, we cover them with supportive reentry services. Our small Appleseed team has embraced working closely with men in their 60s and 70s, newly freed and unsteady in our fast, modern world. We’ve gotten pretty good at this. 

But the thought of finding – and funding – safe and stable re-entry housing and care for someone leaning toward 90 was daunting. With hundreds of incarcerated people asking for our services and two lawyers to tackle the stacks of desperate requests, I believed in 2020 that Mr. Coleman would have to wait until we were on surer footing with geriatric re-entry. I could not bear the thought of extracting him from St. Clair into an unknown future without robust medical care. 

He turned 87, then 88. We got a grant to hire an experienced social worker who could navigate the byzantine world of federal social security and Medicaid forms. We secured release for another elderly client and got him safely situated in a nursing home within weeks.

Mr. Coleman celebrates his 89th birthday with Legal Assistant Libby Rau and some new music!

So on June 12, 2022, a team from Appleseed arranged a legal visit with Mr. Coleman, during which he began to whistle. During the next visit, he began to sing.

And since then, he has joyfully confirmed what he first wrote to us nearly three years ago. He was not ready to die. And for that we are grateful. On March 14, Mr. Coleman celebrated his 89th birthday on the sunny porch of a Birmingham restaurant, surrounded by Appleseed staff and other recently freed clients, all older men ranging in age from 61 to 80. 

I baked him a pecan pie, his requested dessert. Libby Rau, our legal assistant, swung by Seasick Records for some B.B. King and Al Green. Upon opening his gifts, once again Mr. Coleman began to sing.

After his birthday celebration, Mr. Coleman sat in my car nearly in tears. “Ms. Crowder, nobody has been nice to me like this in so long, I don’t know how to respond.”

The Legal Part 

 Once Appleseed agreed to take Mr. Coleman’s case, we began collecting legal documents and medical records. We knew he was serving life without parole for robbery and kidnapping as a result of one incident.

John Coleman with Executive Director Carla Crowder at the Appleseed offices on the day of his release.

A review of the trial transcript painted a fuller picture: In 1988, he attempted to rob a woman outside a Birmingham nightclub. An off-duty police officer was working security and immediately intervened when a woman came running towards him announcing that Mr. Coleman had a gun. Mr. Coleman backed away using the woman he had attempted to rob as a hostage. The off-duty officer called for back-up which quickly arrived. Mr. Coleman was cornered and ultimately dropped his weapon and was apprehended. The victim was freed without physical injury. When officers recovered Mr. Coleman’s weapon, they discovered it was not loaded. However, prior robbery convictions from the 1970s permitted an enhanced sentence under the HFOA, and Mr. Coleman was sentenced to life imprisonment without parole.

We determined the victims in this 34-year-old case had moved to California and long since passed away. There would be no victim opposition. Also promising was the fact that this case was in Jefferson County, where District Attorney Danny Carr was occasionally willing to not oppose our resentencing efforts, as long as the victims were not opposed. 

But the question still loomed – how does a small, legal nonprofit ensure an 88-year-old man with little family support will have the medical care he needs? I did not need broken hips on my watch.

We acquired his 4-inch stack of medical records and Dr. Michael Smith, a Hoover physician who joined our Board of Directors last year graciously agreed to review them. Dr. Smith confirmed what we suspected, that Mr. Coleman had some mobility issues and once was provided a wheelchair. (It is unclear whether he agreed to actually use it.) There was some chronic age-related illness, but some hopeful news as well, he had once required dialysis for kidney disease but was off of dialysis. Onward!

Appleseed Re-entry Coordinator Ronald McKeithen, Staff Attorney Scott Fuqua, and Executive Director Carla Crowder outside of St. Clair Correctional Facility with John Coleman on his release day.

Attorney Scott Fuqua set out to draft a post-conviction petition and began regular communication with Mr. Coleman. “Whenever he called to check in, he started referring to all of us collectively as ‘fam.’ He was so excited at the prospect of freedom, but was never in a rush. He was just happy to know someone cared and was working on his behalf,” Scott shared.

In January, DA Carr agreed not to oppose our release efforts, which meant Jefferson County Circuit Judge Kechia Davis would have jurisdiction to rule on a matter stemming from a 34-year-old conviction.  

“Coleman has been incarcerated for 34 years under the Habitual Felony Offender Act (the “HFOA”) and has reached the extremely advanced age of 88-years old. He is serving a sentence of life imprisonment without parole. The incident which led to his incarceration did not result in any serious physical injury to the victim,” Carr wrote in his response. “As shown in Petitioner’s brief and supporting documents, Coleman has demonstrated clear evidence of rehabilitation, participated in extensive programming, and compiled an exemplary institutional record with only 1 disciplinary infraction in 34 years of incarceration.”

Judge Davis agreed and ordered Mr. Coleman’s resentencing to time-served. On February 9, he walked out of St. Clair prison with the assistance of a cane. It was a bleak, overcast day, but that did not matter to John Coleman. 

Release Day

From the moment he walked into the parking lot with the fence and razor wire of St. Clair Correctional Facility behind him – in his past –  John Coleman was smiling.  A prison worker driving by as he walked out of prison wished him well. Mr. Coleman was well liked among prison staff, many of whom came to say goodbye before he left. Of all the Alabama prisons he’d been in, St. Clair prison was the most dangerous, Mr. Coleman told us. 

“I’m glad y’all got a few of them out of there,” Coleman said. “I really thought I was never going to get out.” 

Mr. Coleman at Burger King for breakfast after his release with Appleseed Researcher Eddie Burkhalter and Re-entry Coordinator Ronald McKeithen.

We stopped at a nearby Burger King for biscuits and orange juice, but mostly for reassuring conversation that he would be taken care of as he gets back on his feet.

Lee Davis, who had served time in prison with Mr. Coleman in the 1980s and another man Appleseed successfully freed from a life without sentence, called Ron McKeithen on our staff during breakfast to say hello. 

“Hey Hen! What’s going on?” Mr. Davis asked Mr. Coleman over the phone, calling him by his nickname, Hen. “Ain’t nothing happening. I’m just trying to get there,” Mr. Coleman told him. 

“Everything is going to be good. I’m glad you’re on this side,” Mr. Davis said. 

Attorney Scott Fuqua talked to him at breakfast about the next steps, and how he’d be able to live where he wanted, with support along the way from Appleseed. It was all a lot to take in, Coleman explained. 

“I’m so satisfied right here I don’t know what to tell y’all,” Coleman said of sitting in a restaurant and eating a meal outside of prison fences for the first time in 34 years. 

Asked what he was looking forward to most in the first days of his freedom, Mr. Coleman returned to talking about the men he’d served time with and whom Appleseed won freedom for. 

“I just want to meet all the guys,” he said, and asked who’d be next to be freed.

Finally free and almost 90

Mr. Coleman with Appleseed clients Larry Garrett, Ronald McKeithen, Robert Cheeks, Lee Davis, and Willie Ingram. Photo by Bernard Troncale.

Not surprisingly, Mr. Coleman has brought almost as much joy to us as we have given him. The only thing he’s ever asked for, aside from some snacks, was a battery for his dad’s old watch that he treasures. He loves orange juice and salad, as long as thousand island dressing is available. He’s determined to walk without a cane; we’re not sure exactly where he’s hidden it.

Mr. Coleman with Appleseed client Robert Cheeks.

Mr. Coleman resides at Shepherd’s Fold Reentry Ministry, joining three other older men who have been freed from death-in-prison sentences over the last few months. They all look out for each other. 

Nearly every day, Appleseed’s Reentry Case Manager, Kathleen Henderson, checks in on him. She has helped him acquire critical identification and medical care. Her calm, reassuring presence has convinced Mr. Coleman that people in this world care about him. She’s begun the search for senior housing.

At his first medical appointment at Christ Health, the doctor noticed he and Mr. Coleman shared a birthday. The doctor left the room, then returned with a giant cookie and other staff singing “Happy Birthday.” Mr. Coleman told the doctor he didn’t know how to respond; he’s not used to anyone doing anything for him. “I ain’t never had anyone before ‘cept Appleseed.”

Appleseed Staff Attorney Scott Fuqua, Researcher Eddie Burkhalter, and Reentry Case Manager Kathleen Henderson contributed to this post.

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So far this year, someone has died every other day in an Alabama prison.

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By Eddie Burkhalter, Appleseed Researcher 

Loved ones stand in front of the State Capitol in Montgomery on March 7, 2023 for a vigil in remembrance of the nearly 300 people who have died in Alabama’s prisons this past year while Gov. Kay Ivey gave her State of the State speech. Photo by Lee Hedgepeth

Alabama prison deaths are again surging, after state prisons saw a record high year of deaths in 2022. 

At least eight men have died in Alabama prisons this month, following 12 deaths in February and 12 in January, although the actual numbers are likely higher. Those 32 deaths include three homicides, numerous suspected drug overdoses, deaths likely caused by illnesses and one suspected suicide. 

The Alabama Department of Corrections (ADOC) doesn’t release timely reports on prison deaths, leaving it up to journalists and others to receive tips and seek confirmation. With prisons woefully overpopulated and understaffed, despite a court order to increase the number of correctional officers, the State has failed to keep incarcerated people safe from deadly drugs and violence..

Appleseed confirmed that from the start of 2022 through Dec. 28 there were 266 deaths in Alabama prisons. The Montgomery Advertiser confirmed four additional deaths between Dec. 28 and the end of the year, bringing the total to 270 last year. 

Loved ones hold pictures of those who have died in Alabama’s prisons. Photo by Lee Hedgepeth

Of the 270 Alabama prison deaths, at least 95 were preventable: homicides, suicides, and confirmed or suspected drug-related deaths, according to investigative reporter Beth Shelburne. This is the highest number of preventable deaths since she began tracking them in 2018.

There is no evidence suggesting that ADOC investigations, interventions, or the plans to build new prisons are stemming the loss of life. In fact, as the Legislature has poured increasing amounts of tax dollars into the prison system, conditions have only gotten more brutal. Currently, ADOC costs Alabama taxpayers around $3 billion: $1.3 billion for new prisons, $1.06 billion for a healthcare contract, about $700 million in annual General Fund dollars.

Most recently, Steve Cliff, 57, on Tuesday was found unresponsive at Staton Correctional Facility and was pronounced dead, ADOC confirmed for Appleseed. 

Felix Ortega, 39, died on March 7 at Elmore Correctional Facility after being assaulted by several other incarcerated people, according to the Equal Justice Initiative. ADOC in a response on March 14 wrote that “There has been no report of an assault on inmate Felix Ortega.” 

Tony Evans, 51, was found unresponsive at Donaldson Correctional Facility on March 5 and was pronounced dead that day in the health care unit, the Alabama Department of Corrections confirmed for Appleseed. 

Joshua Ledlow, 39, was found unresponsive and died at Limestone Correctional Facility on March 2, ADOC confirmed. Sources tell Appleseed his death is suspected to be caused by an overdose. Ledlow was serving a 15 year sentence after pleading guilty in 2017 to a charge of burglary in Cullman County, according to court records. 

A day after Ledlow’s death, 33-year old Mohamad Osman was found unresponsive at Limestone prison and was pronounced dead, ADOC confirmed. Sources tell Applseed his death was also likely the result of an overdose. 

Bunyan Goodwin, Jr., 51, told prison staff on March 4 that was having trouble breathing, ADOC confirmed for Appleseed. 

“He was transported to the Health Care Unit for evaluation and treatment. His condition deteriorated and he became unresponsive,” a department spokesperson wrote to Appleseed. “Life-saving measures were administered, but medical staff was unable to resuscitate him, and he was pronounced deceased by the attending physician.”

That same day, Bobby Ray Bradley, 69, died at Donaldson Correctional Facility, as did 40-year-old Joshua Strickland. Bradley’s death followed a long illness, according to the Jefferson County Coroner’s office. Strickland was found unresponsive in his cell and was pronounced dead at the prison’s health care unit, according to ADOC. 

According to several sources who spoke to Appleseed, Michael Hubbard, 46, was beaten by another incarcerated person at St. Clair Correctional Facility days before he died on Feb. 22 at a local hospital.

The ADOC spokesperson wrote that Hubbard’s death was reported but gave no information about how he may have died. In a photo obtained by Appleseed, Hubbard appears to be in physical distress, lying under a bed. The incarcerated man who supplied that photo said it was taken after Hubbard was beaten. 

Appleseed asked in a followup request whether he had been assaulted prior to his death, and the spokesperson responded “ADOC can’t comment on open investigations.”

The Vigil for Victim’s on March 7, 2023. Photo by Lee Hedgepeth

Appleseed replied that the department regularly states in press releases when a person dies as the result of an assault, and sent the photo of Hubbard to the department. 

In a followup response five days later the spokesperson wrote to Appleseed that “there has been no report of an assault on inmate Michael James Hubbard” and that he was taken to the prisons health care unit “for evaluation and treatment due to a suspected overdose.”

“During transport, he stopped breathing. Life-saving measures were administered, and he was stabilized. He was transported to an area hospital for further treatment. Unfortunately, his condition never improved and ultimately, he died,” the response continued. 

Brian Keith Wanner, 47, died at Bullock Correctional Facility on Feb, 4 after being assaulted by another incarcerated person two days before, according to ADOC. 

Family members honor their loved ones who died in Alabama’s prisons this past year. Photo by Lee Hedgepeth

Families across Alabama whose loved ones have died in state custody are trying to get the attention of elected officials, but have largely been ignored. On March 7, the first day of the 2023 legislative session, about 100 Alabamians gathered at the Alabama State Capitol for a vigil in honor of those who died in state prisons in recent years.

Below is a list of the incarcerated people who have died in state custody so far this year:

January deaths

  • Carl Kennedy, 57, died at Limestone Correctional Facility on Jan. 2 after being found “in distress,” according to ADOC.
  • Ariene Kimbrough, 35, died at Limestone Correctional Facility on Jan. 4 after being assaulted by another incarcerated man, according to ADOC.
  • Paul Rolan Ritch, Jr, 53, died at Staton Correctional Facility on Jan 6, according to Alabama Political Reporter.
  • Kevin Marcus Ritter, 33, died at Donaldson Correctional Facility on Jan. 7 after being found unresponsive, according to ADOC.
  • Ronald Nowicki, 66, died at Limestone Correctional Facility on Jan. 10 after being found unresponsive, according to ADOC.
  • Corey Jerome Johnson, 49, died at St. Clair Correctional Facility on Jan. 11 in a suspected suicide, according to Alabama Political Reporter.
  • Trenton Jamario White, 30, was found unresponsive and died at Donaldson Correctional Facility on Jan. 28, according to ADOC.
  • Justin Douglas Grubis, 25, was found unresponsive at Ventress Correctional facility on Jan. 28 and was pronounced dead, according to ADOC.
  • Michael Theodore Medders, 61, was found unresponsive and died at Donaldson Correctional Facility on Jan. 29, according to ADOC.
  • Christopher Shannon Fulmer, 44, died Jan. 31 at Elmore Correctional Facility after being found “in physical distress,” according to ADOC. Fulmer’s mother in April told the Alabama Board of Pardons and Paroles that her son would die in prison if they denied him parole.
  • Roderick Demarcus Lee, 33, died at Kilby Correctional Facility on Jan. 27 after the department said he was found “behaving erratically in his dorm.”

February deaths

  • Brian Wanner, 57, died at Bullock Correctional Facility on Feb. 4 after being assaulted by another incarcerated man, according to ADOC.
  • Alfred Lee Williams, 57, died at Staton Correctional Facility on Feb. 4 after being found unresponsive, according to ADOC.
  • Craig Randall Lee, 67, died at Staton Correctional Facility on Feb. 5 after being found unresponsive, according to ADOC.
  • Timothy Sanderson, 57, was pronounced dead at St. Clair Correctional Facility on Feb. 5 after being found in his dorm’s shower, according to ADOC.
  • Michael Wayne Perry, 62, died at Donaldson Correctional Facility on Feb. 8 after being found unresponsive, according to the Jefferson County Coroner’s Office.
  • Larry Dewayne Dill, 44, died at Fountain Correctional Facility on Feb. 13 after reporting chest pains to prison staff, according to ADOC.
  • Reginald Rashard Davis, 41, died at Staton Correctional Facility on Feb. 15 after experiencing “respiratory issues,” according to ADOC.
  • Michael James Hubbard, 46, died at St. Clair Correctional Facility on Feb. 22. Sources tell Appleseed he was assaulted by another incarcerated man days before he died. ADOC says his death is a suspected overdose.
  • Michael Joe White, 45, was found unresponsive at St. Clair Correctional Facility on Feb. 22 and died that day, according to ADOC.
  • Christopher Melton, 37, died at Ventress Correctional Facility on Feb. 22 after being attacked by another incarcerated man, according to ADOC.
  • C. Borden, Jr, 55, was found unresponsive and was pronounced dead at St. Clair Correctional Facility on Feb. 25, according to ADOC.
  • Fredrick Bishop, 55, died at Easterling Correctional Facility on Feb. 27 after being found unresponsive, according to ADOC.
  • Charles Daniel Waltman, 41, died at Easterling Correctional Facility on Feb. 27 after being found unresponsive, according to ADOC.

March deaths 

  • Joshua Felton Ledlow, 39, died at Limestone Correctional Facility on March 2. Sources tell Appleseed his death is a suspected overdose. ADOC says he was found unresponsive.
  • Mohamad Osman, 33, died at Limestone Correctional Facility on March 3 of a suspected overdose, sources tell Appleseed.
  • Bobby Ray Bradley, 69, died at Donaldson Correctional Facility on March 4 and was being treated for multiple medical problems, according to the Jefferson County Coroner’s Office.
  • Joshua Strickland, 40, died at Bullock Correctional Facility on March 4 after being found unresponsive, according to ADOC.
  • Bunyan Goodwin, Jr, 51, died at Bibb County Correctional Facility on March 4 after reporting trouble breathing, according to ADOC.
  • Tony Edward Evans, 51, died at Donaldson Correctional Facility on March 5 after being found unresponsive, according to ADOC.
  • Felix Ortega, 39, died on March 7 at Elmore Correctional Facility after being assaulted by several other incarcerated people, according to the Equal Justice Initiative.
  • Steve Cliff, 57, on March 14 was found unresponsive at Staton Correctional Facility and was pronounced dead, ADOC confirmed for Appleseed.
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The Rescue Horses and the Bread Man of Holman

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Incarcerated 37 years for burglary convictions, Larry Garrett has been given a second chance at life thanks to Appleseed’s legal team.

By Leah Nelson, Appleseed Research Director

Larry Garrett leaves Holman Correctional Facility after spending 37 years incarcerated. Photo credit Leah Nelson.

The second-to-last time Larry Garrett left prison was about seven years ago, in a helicopter that flew him to a hospital in Mobile where he was treated for life-threatening stab wounds. Doctors there patched him up and sent him back to prison. He expected to die there: Death in prison is what a sentence of life without parole means.

The last time he left prison was on Dec. 19, 2022. After shaking hands with the warden, he walked out the front gate, a free man at age 68, with the rest of his life ahead of him.

Mr. Garrett with Appleseed Research Director Leah Nelson and Staff Attorney Scott Fuqua outside of Holman Correctional Facility. Photo credit Scott Fuqua.

I was there with my colleague Scott Fuqua, the lawyer whose petition and persistence led to Mr. Garrett’s reversal of fortune. Scott left Birmingham at 5:00 that morning and picked me up in Montgomery on his way south to Atmore, which is home to three prisons, a casino owned by the Poarch Creek Band of Indians who were Alabama’s original inhabitants, a gas station that sells an assortment of Confederate, gun, and Jesus-themed hats, and not much else. We’d been told Mr. Garrett would be released at 8:30 AM and wanted to arrive in plenty of time to make sure he had fresh civilian clothing to wear when he walked out the door. 

To make your presence known at Holman, you get out of your car, cross the parking lot on foot, and holler at a guard in a tall brick tower until you get his attention. I hollered while Scott handed Mr. Garrett’s new clothing to the warden as he walked in. 

It would be three hours before Mr. Garrett was finally released. Scott and I passed the time by watching an orange cat and her kittens make their way back and forth through the coil of barbed wire that forms part of the multilayered fence separating Holman from the free world. 

The cats, three of what Mr. Garrett estimates to be at least 40 who live on the premises, represent the only part of Holman’s population that is growing. When I first started working with incarcerated people in Alabama in 2012, Holman was one of the most populous and violent prisons in the state, a maximum-security facility that housed most of Alabama’s 200-plus death row inmates as well as nearly 1,000 more incarcerated individuals. 

Larry Garrett over a month after his release. Photo credit Bernard Troncale.

Mr. Garrett spent 37 years there and at other Alabama prisons. For nearly four decades, he rose at 2:30 each morning to work in kitchens, where he baked the bread that formed a major part of his fellow prisoners’ diets. 

He lost that job in January 2020 when Holman was decommissioned and mostly shut down because its physical infrastructure had collapsed under the stress of continuous overcrowding and neglect by the state. Today, only death row and a small dorm survive what was once known as one of America’s most dangerous prisons. Food preparation happens offsite at one of the two other prisons in Atmore.

A chaplain, his daughter, and the power of forgiveness

His vocation as a baker was the first thing I learned about Mr. Garrett. The person who told me, Tracey Browder, did so as we walked behind my then-seven-year-old daughter Naomi, who was learning to ride on a horse named Star at the Browder family’s property on the west side of Montgomery.

Naomi and Tracey Browder at the Browder family’s farm. Photo credit Leah Nelson.

Star, like most of the other horses on the property, is a rescue horse. The Browders take them in from owners unable or unwilling to care for them well. The property sits in an unpromising corner of the city: To get there, you pass several abandoned motels and a truck stop before turning right between a welding shop and a place where people leave cars to be sold for scrap. Drive about an eighth of a mile and you will come upon an oasis. The horses, who are cared for by a few of the formerly incarcerated men who now live on the property along with some of the Browder family, will come up to the fence to greet you. More than likely, Tracey will also be there, along with some local teenagers who train and help keep the horses in shape by riding them fast across the alley and around the pond in the woods.

In 2020, when Naomi was six years old and the pandemic was the only thing anyone could think about, she espoused a wish to ride. Growing up in Connecticut, I thought of riding as an exclusive hobby for rich people. But in Alabama, it’s much more accessible and affordable. It was hard to say no to a child from whom normalcy had been snatched mid-kindergarten and who simply wanted to do a nice outdoor activity. I’m friends with Tracey’s sister, and when I saw her ads for “More Than A Horse Farm” on Facebook, I decided to let Naomi give it a whirl. 

And so it happened that over the course of many dusty and hot and muddy and cold and perfect and beautiful weekend mornings, I learned from Tracey the story of Larry Garrett, who she called the Bread Man of Holman.  

Tracey knew Mr. Garrett the same way she knows scores of men incarcerated in Alabama. Together with her father Curtis “Chap” Browder, she and the Browder family run a ministry that is in and out of nearly every men’s prison in Alabama, bringing red velvet cake, barbeque and other homemade food along with unconditional affection for the incarcerated men. 

The ministry, which at 45 is older than I am, has its roots in Chap’s 1978 appointment by then-Governor George Wallace as the first Black prison chaplain in Alabama. One of Chap’s first tasks on taking that job was to minister to Robert Chambliss, one of several Klansmen responsible for the 1964 terrorist attack on Birmingham’s Sixteenth Street Baptist Church that killed four little girls. 

Tracey Browder and Mr. Garrett embrace after his release. Photo credit Leah Nelson.

Chap grew up in Birmingham, attending the same schools and living in the same neighborhood as the families of those girls. He left Alabama not long after their murder. As he tells it, he departed full of hatred for white people. He told himself that if he ever met the men who set those bombs, he would kill them. 

When the time came, though, he instead found himself praying with one of them. In that moment, he says, he made a decision to forgive instead of holding on to the past. He describes that decision, and the shared prayer that followed, as one of the most powerful experiences in his life. 

Today, Chap and his family occupy an unusual place in Alabama’s prisons, which are so violent and deadly that the U.S. Justice Department under then-U.S. Attorney William Barr sued them for violating prisoners’ rights to live free from cruel and unusual punishment. In 2022, 266 people died in our prisons. Many of those were preventable deaths: homicide, suicide, overdose. Stabbings like the one that led to Mr. Garrett’s 2015 evacuation to a Mobile hospital are routine. Sexual assault, extortion, and torture are the norm.  

When justice also means freedom

I’m not a lawyer, and I try not to pressure Appleseed’s legal team with my vision or hopes for specific incarcerated people. Their job is difficult and highly specialized: As a small office, we can only take a few cases at a time, and no one needs to hear from me that I want someone in particular on their docket. It’s too much pressure and there are so many deserving candidates sentenced to die in prison under Alabama’s excessively harsh Habitual Felony Offender Act.  

But Bread Man was compelling – and, crucially, he met the requirements Appleseed has for Second Chance clients: The sentence he received in 1985 would be illegal under current Alabama law, and no crime he has ever committed, including the conviction that triggered his Life Without Parole sentence, has resulted in physical harm. More than anything else, those factors are what made it possible for our small legal team to take his case and win his freedom.  

They investigated and discovered that if Mr. Garrett were sentenced today, the longest term he could receive would be 20 years in prison. They also learned that he entered a plea to the 1985 burglary that prompted his sentence, meaning he gave up his right to a trial only to be sentenced to the harshest possible sentence available. 

Mr. Garrett with Leah Nelson on the Browder family’s farm. Photo credit Scott Fuqua.

And they found that, in the opinions of the people closest to him, Mr. Garrett was ready for freedom. The corrections officer who supervised his work in the kitchen starting in 2002 called him an outstanding worker and leader. Of his ability to overcome in a prison where conditions are so malignant that in 2016 some of the incarcerated men rioted, she wrote that he “work[s] great with inmates” and his relationships with staff are “great, great, great.”  

The prison chaplain called him an “integral part” of Holman’s honor program whose “long hours and dedication … have brought the program to where it is today.” And his younger brother Marshall, who sent Mr. Garrett money and spoke with him several times a week during his 37 years in the system, said he was prepared to offer him a home and a job at his Talladega auto repair shop.

“The primary responsibility of a prosecutor is to seek justice,” the District Attorney wrote in his Nov. 29 response to Mr. Garrett’s petition to be resentenced to time served. “[T]he state believes that the interests of justice in this case would be best served by permitting resentencing or entering an amendment of sentence.”

On Dec. 15, a judge entered an order resentencing Mr. Garrett to time served. Four days later, Scott and I rose before dawn to bring him to the re-entry facility where he’ll spend a few months reacclimating to life outside before moving in with his brother. On the way home, we stopped at Chap’s farm, where Mr. Garrett was reunited with Tracey and spent some time with Star and the other rescue horses.

Three of Appleseed’s recently released clients Willie Ingram, Larry Garrett, and Lee Davis. Together, they served a combined 115 years in Alabama prisons. All are living safely at Shepherd’s Fold reentry ministry and flourishing in Appleseed’ re-entry program, which provides extensive wrap-around services, including assistance with obtaining identification, transportation, meals, and connections to medical care and social security. Photo credit Bernard Troncale.

A couple years ago when I told Naomi the animals at Chap’s were rescue horses, she was stunned. “Horses that rescue people?” she asked me. “How?” I explained that it was the other way around; the horses were not the rescue-ers but the rescue-ees, taken out of dangerous situations by people who cared about their wellbeing and brought to a place where they could be happy and free. 

In the end, we were both right.

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Another free man, safe from the chaos of Alabama’s violent prisons.

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A bungled robbery in 1983 sent Lee Davis to prison on a life without parole sentence. Appleseed’s legal work brought him home.

By Carla Crowder, Executive Director

Lee Davis Jr. Photo credit Bernard Troncale.

Lee Davis spent 39 years incarcerated for a robbery conviction in which no money was taken and no one was injured. At age 70, he is finally a free man.

“I want to thank God for seeing me out of that prison at the age that I am,” Mr. Davis said.

Appleseed took on Mr. Davis’s case after learning that he had nearly four served decades in Alabama prisons without a single disciplinary infraction. We learned he spent his time working for no pay in the Donaldson prison laundry, exercising, and doing his best to set an example for younger people in prison. “I humbled myself and I didn’t accept having a life without parole sentence and never seeing the streets again,” he told us. “A lot of guys would say, ‘You got nothing to lose, you got life without parole.’ I say, ‘But I can still stay focussed on getting out of here. Ain’t nothing impossible with God.”

After researching his case, Appleseed lawyers also learned that the crime that resulted in his original life without parole sentence was a bungled robbery.  Mr. Davis entered a store in North Birmingham where two men were working, reached inside his jacket, and as he began to remove a weapon, a clerk jumped over the counter. A struggle ensued and the weapon slid under the counter. The two employees subdued Mr. Davis until police arrived. No one was injured, and no money was taken. These details are documented in the pages of the transcript from his 1984 trial in Jefferson County.

Lee Davis Jr. talks about being focus and staying positive while serving 37 years in prison under Alabama’s Habitual Felony Offender Act. Video by Bernard Troncale.

At 32-years old, Mr. Davis was sentenced to a mandatory term of life imprisonment without parole under Alabama’s Habitual Felony Offender Act (HFOA).

He knew he needed help with the heroin addiction that led to his convictions. He’d been introduced to heroin by a friend who returned from the Vietnam War with an addiction. Prior to his heroin use, Mr. Davis held down a good job at Hayes Aircraft. He had a high school diploma, a wife, and young children.

He struggled with addiction for over a decade, and almost lost everything when he was sentenced to die in prison. But he did not lose hope.

In November, Appleseed filed a petition for resentencing in Jefferson County. District Attorney Danny Carr filed a response supporting release and Circuit Judge Michael Streety granted the unopposed petition in December. 

Mr. Davis leaving Donaldson prison with Appleseed Re-entry Case Manager Kathleen Henderson and Alex LaGanke

In addition to full-time work at Donaldson, Mr. Davis took advantage of rehabilitative opportunities. He earned certificates from numerous months-long programs focused on sobriety, leadership, fatherhood, and Biblical studies, completing over 150 classes and programs throughout his incarceration.

Most of his time in prison was spent performing unpaid labor for the prison system, as a barber, an infirmary worker, and in the laundry, often from 6 am until late afternoon. Mr. Davis never complained about the work; it was a way to stay out of the chaos of the dorms and stay productive.

Throughout his incarceration, he maintained close ties with family, particularly his mother and two sisters, all of whom have passed away.  These days, he is never seen without a locket that holds a photo of his late mother. She was his rock. They never lost contact, despite the bricks, bars, and razor wire separating them.

Mr. Davis has a brother still living and extended family, including nephews, who have embraced him, assisted in his reentry, and shared football-watching weekends with him. “I’ve got to learn all over again. I’ve got to renew relationships. I’ve got to start from scratch.”

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