“I hope my case will open up people’s eyes that there’s something wrong with the judicial system. It’s broken and it’s unfair.”

by Carla Crowder, Executive Director and Becca Cardin, Appleseed attorney

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In 2006, Charles Craig was sentenced to life in prison when prosecutors invoked Alabama’s Habitual Felony Offender Act following his drug conviction. He would not be eligible for parole until he was 81 years old, according to the Alabama Department of Corrections’ calculations.

From the moment he was sentenced, even the judge acknowledged regret at being forced by law to impose such a harsh sentence. Once behind bars, Mr. Craig buried himself in the prison law library, filed hand-written motions, sent letters. For 19 years he seemed stuck. Then one of his letters reached Appleseed.

When Appleseed lawyers began investigating his case this spring, it was immediately clear that this was a ridiculous injustice. In July, Mr. Craig walked out of St. Clair prison a free man. He is 73, with many health problems common to the long-time incarcerated. But his powerful story illustrates perseverance and hope against nearly impossible odds.   

Someone else’s car and someone else’s pill bottle

Charles Craig’s case began with a simple mistake: borrowing a vehicle from someone he didn’t know well in order to run a brief work errand. The vehicle matched a Be-On-the-Lookout alert the police dispatched; he was pulled over in Trussville and the car was searched. The police found drug paraphernalia in the glove box and a pill bottle with the car owner’s name on it in the console. The bottle contained water with what was later determined to be a minuscule amount of heroin, according to court records.  Despite the small amount of liquid and mere trace of heroin, Mr. Craig was charged with drug trafficking. A jury found him guilty. It was 2006 and he was 56 years old.

There was no evidence that Mr. Craig was involved in the drug trade. The drugs that were found were not packaged in a manner that they could be dispersed for sale nor were any of the other hallmarks of the drug trade found in the vehicle. After hearing all of the evidence in this case, then-Jefferson County Circuit Court Judge Teresa Pulliam stated:  “Mr. Craig, based on the fact I have absolutely no discretion in this case but to sentence you to life in prison, I do sentence you to life in prison. …I have absolutely no alternative, Mr. Craig, and that pains me that I didn’t, because I will state for the record publicly if you did not have two prior felonies, I would give you probation in this case. But I have no discretion but to give you a life sentence. And that is something the legislature needs to look at.”

While Mr. Craig was sentenced under the HFOA to life with parole, the Alabama Department of Corrections incorrectly classified him under Alabama’s drug trafficking statute and determined he would have to serve 25 years before he was eligible for parole, meaning he would have to wait until 2031 for the parole board to review his sentence. He would be 81 years old.  Had Mr. Craig  been properly classified he would have been eligible for parole after 10 years; instead he was forced to serve two sentences simultaneously for a victimless crime he arguably did not commit.

Zero disciplinary infractions in 19 years

Throughout his incarceration, Mr. Craig proved his sentencing judge right, that he did not need to be in prison. He lived in the Faith and Character Honor Dorm, worked in the law library for nearly 14 years, and received numerous positive reports from the correctional officers who supervised his work. He also participated in several educational, spiritual, and rehabilitative programs.

Remarkably he never received any disciplinary infractions. After over a decade in Alabama’s harsh prison system his health began to decline. He was diagnosed with prostate cancer. He was born with only one kidney and it began to fail. He was moved to the notoriously dangerous St. Clair Correctional Facility as it is the only one in ADOC with medical facilities equipped to provide dialysis. Yet he continued to work, this time cleaning the prison dorms.

Earlier this year, Appleseed Staff Attorney Scott Fuqua filed a Rule 32 Petition on Mr. Craig’s behalf to restore his freedom. Jefferson County District Attorney Danny Carr reviewed his case and supported the effort. Circuit Judge Candice Pickett granted the Petition and Mr. Craig was resentenced to time served. After 19 years, Mr. Craig walked out of prison a free man.

Given the facts of his case and mistakes that prevented his parole eligibility, no one would blame him if he was bitter and angry. Instead, Mr. Craig’s greatest feeling is relief and joy to be back with his loved ones. A longtime friend, Darlene Bendion, has provided a home for Mr. Craig until he can arrange for his own place. Ms. Bendion was his mother’s hairdresser. “When I got

incarcerated, she took care of my mother and she made a promise to my mother that she would stick by me no matter how long it took,” Mr. Craig explained. “And she did exactly what she promised my mother.”

Appleseed’s Reentry Team is working closely with Mr. Craig to secure Social Security benefits and medical care, and to assist him in acclimating to a world much different than the one he left when he was younger, working full time in construction, and healthy.

He hopes someday soon to find his own house with a yard for his children and grandchildren to enjoy. “I missed a lot of birthdays

and graduations and so on. But I was able to see all of my grandkids, great grandkids that I’ve never seen before. They had a barbecue for me and I got to meet all of them. I’m happy in that aspect,” he said.

But also, “I hope my case will open up people’s eyes that there’s something wrong with the judicial system. It’s broken and it’s unfair.”