By Eddie Burkhalter, Appleseed Researcher


 

Politicians across Alabama expressed concern and outrage when victims were not notified in advance of planned releases of several hundred people from Alabama Department of Corrections custody last week.

Those notifications didn’t happen because of underfunded, troubled victim notification systems and an unwillingness by an array of state leaders to fix these problems during more than a decade of dysfunction, Appleseed has learned.

These victim-notification shortcomings came to a head last week, upending what was supposed to be the orderly first phase of a supervised release program instituted in 2021 by bipartisan vote as part of a desperately needed effort to relieve crowding and ensure safe re-entry for incarcerated people nearing the end of their sentences.

As release day approached, court filings revealed that, contrary to the written letter of the law, the Alabama Department of Corrections (ADOC) had notified fewer than 20 victims affected by the pending release of approximately 400 incarcerated people, which began last week.

ADOC had more than 15 months since the law passed to notify these victims. What went wrong?

The problem dates back at least a decade and a half, and appears to be crime victim notification systems and departments that don’t share data between several systems and a failure of multiple state actors and agencies to address the problems, despite a law enforcement culture perpetually claiming to put victims first.

First, in 2008, the Alabama Criminal Justice Information Center was awarded a $465,000 grant from the U.S. Department of Justice’s  Bureau of Justice Assistance to “enhance a statewide automated victim information and notification system in Alabama called AlaVINE.”

AlaVine is still active but appears only to be used by Sheriffs offices in Alabama.

ADOC uses its own stand-alone system that requires users to register online here. An ADOC spokesperson explained to Appleseed that ADOC’s system doesn’t automatically enroll victims. Because of this, many victims don’t receive notifications.

“If people don’t register, we don’t have their information,” the spokesperson said.

To complicate matters, the Alabama Attorney General’s office and the Alabama Bureau of Pardons and Parole use a separate notification system called the Alabama Victims Notification System, formerly called AlabamaCAN, but historically data from that system hasn’t been shared with ADOC.

Alabama Bureau of Pardons and Paroles Director Cam Ward told Alabama Political Reporter last week that the notification problem at ADOC may be because of ADOC’s notification system.

“The problem is that they don’t have access to the same database that we have,” Ward told APR, adding that this separation was enforced by law. “We need a new notification system.”

The ADOC spokesperson told Appleseed that the department started working with the AG’s office to gather victim information for the necessary notification of those being released under the 2021 law. Asked whether ADOC’s work with the AG’s office to obtain that victim information began last week, the spokesperson declined to directly answer, and wrote that “ADOC, ABPP, and the AG’s office are working together to ensure these notifications.”

Yet another attempt to solidify a uniform database came in 2011. That’s when Alabama lawmakers through the Alabama Act 2011-681 and Code 15-22-36.2 established the “Implementation Task Force”  to support implementation of a statewide notification system that was later named the Alabama Crime Victims Automated Notification System, or AlabamaCAN, which is now called the Alabama Victim Notification System and is known as VNS.

The code also established the “Victim Notification System Fund in the State Treasury” to be paid out by the Alabama Law Enforcement Agency (ALEA) at the direction of the task force.

The task force was to meet first on March 1, 2012, and once members voted that a system complied with requirements in Alabama codes, the task force was to “automatically convert to the Victim Notification Oversight Council…”

Press coverage in October 2014 lauded an “innovative” crime victim notification system. Appleseed has learned of over a decade of underfunding and an unwillingness by an array of state leaders to fix the troubled victim notification systems.

 

AlabamaCAN launched in October 2014 and was supposed to allow victims to be notified of parole hearings “via email, text message or automated phone call.”

Press coverage lauded the “innovative” crime victim notification system and featured photos that included then-State Rep. Paul DeMarco and victims advocates as part of a task force implementing the new system. At the time, then-House Judiciary Committee Chair Paul DeMarco was quoted by WBRC as saying: “In the past not all of the victims were getting notified. I think that is the most important part of this legislation. We are going to be sure everyone gets notified.”

DeMarco recently weighed in on the early releases, but made no mention of this system.

From the very start AlabamaCAN was troubled, not in small part due to a lack of funding and coordination.

The Council of State Governments in a 2015 report noted that “Alabama’s automated victim notification system is not operational and not all victims are notified when people are released from prison to the community.”

“AlabamaCAN is not yet operational due to a lack of financial resources to complete the system, so victims are only able to receive notification by U.S. mail,” researchers wrote in the 2015 report. “Currently, not all victims are notified when an offender is released from prison. There are gaps in the DOC notification process, such as victims not always being notified if the offender is released from prison for medical treatment or is released to a CCP work release program.”

More attempts to fix the issues came along in 2016.

Then-Gov. Bentley announced a $1.2 million grant to ALEA to expand the Alabama Victim Notification program. It’s unclear how that money was spent: an ALEA spokeswoman received Appleseed’s questions regarding that grant, but did not provide responses as of the publishing of this piece.

Suddenly, a year later, after Gov. Kay Ivey was first sworn into office in 2017, the Alabama Legislature sent Ivey a General Fund budget that stripped all money for the victim notification system.

“This was something that was promised to victims two years ago when they were wanting to release more inmates from prison to help us take the notification system to a new level,” then-president of a chapter of a statewide crime victims advocacy group told WSFA 12. “And two years later, the funding is already being eliminated. That’s very unfortunate and we hope that they’ll restore it in future budgets.”

On Feb. 21, 2020, ALEA issued a request for proposal for a new statewide victim notification system that would allow the various state agencies to access the same data.

Proposals were to be submitted by April 6, 2020, and the system was to be designed to “integrate with the Alabama Board of Pardons and Paroles (“ABPP”), the Alabama Department of Corrections (“ADOC”), and other state agencies as may be needed” but this request for proposal is listed on ALEA”s website as having been closed with “no award” given to any applying company.

ALEA has not since issued a similar request for proposal for a new notification system, according to the agency’s website.

While crime victims were left wondering whether Alabama’s leaders are serious about following through on their promises to put victims first, people incarcerated in Alabama’s violent, deadly prisons were subject to yet another failure at the hands of the agency that incarcerates them.

The notification problems have left those expecting to be released under the 2021 law living in limbo, and even some those who have been released were given only a bus ticket and ankle monitor.

A source within an Alabama prison told Appleseed that violence and fights had increased in the wake of the botched release. And an incarcerated person at Easterling Correctional Facility told Alabama Political Reporter last week that “some of those eligible for the early release had begun giving away food and hygiene items, only to be told they would not be released on Tuesday.”

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.

By Eddie Burkhalter, Appleseed Researcher



A recent report by the nonpartisan, nonprofit Council of State Governments (CSG) found that overall crime, including violent crime, across the U.S. and in Alabama, has been on the decline.

The report’s findings undercut the pervasive narrative of surging crime used to frighten communities and support mass incarceration. But as CSG’s data shows, as prison populations have declined, so has crime.

The CSG report, which used crime data reported to the Federal Bureau of Investigation, also supports Alabama appleseed’s own research that showed overall crime is decreasing.

Appleseed is committed to educating policymakers as to the importance of using research, data, and evidence-based practices to tackle Alabama’s toughest challenges. As we head into the 2023 legislative session, we will continue to lift up nonpartisan research, such as this, to help craft informed decisions about public safety.

The CSG report notes that the violent crime rate between 2019 and 2021 fell in 25 states and increased in just four. Additionally, law enforcement agencies in 21 states failed to report sufficient crime data to the FBI to draw a conclusion on crime rates in 2021.

In states that didn’t report enough data to make a determination on changes in crime through 2021, researchers for the report looked at data through 2020.

In Alabama, which is among the 21 states with insufficient 2021 data, the overall violent crime rate between 2019 and 2020 fell by 12 percent, according to the report. Aggravated assaults dropped by 6 percent and robberies by 33 percent. Rapes fell by 32 percent while homicides increased by 12 percent. Gun violence remains concerning in several Alabama cities, but there is no evidence that fear of long prison sentences or harsh punishment is stemming the problem. Alabama has some of the nation’s harshest sentences, including the death penalty, yet gun violence persists.

The decrease in overall crime is mirrored in the decrease of incarcerated Alabamians, and a drop in the number of people serving prison sentences for violent crimes, according to the report.

In Alabama, “There were 15,189 people in prison for violent offenses at the end of 2020, comprising 60 percent of the total prison population,” the report reads. “Since 2010, the number of people in prison for violent offenses decreased by 10 percent. During that same period, the number of people in prison for nonviolent offenses decreased by 32 percent.”

Just 52 percent of law enforcement agencies reported their full data to the FBI’s National Incident-Based Reporting System for 2021, which the bureau had used alongside the older Uniform Crime Reporting Program until changing fully over to the new system last year.

Among Alabama’s agencies that did not report 2021 data are some of the largest, including the Huntsville Police Department, which covers a jurisdiction of 202,884 people, and the Montgomery Police Department, which covers a jurisdiction of 197,755 residents.

Additional, Alabama-specific crime data can be found at crime.alabama.gov, a collaboration between the Alabama Law Enforcement Agency (ALEA) and the University of Alabama’s Culverhouse College of Business, Institute of Data and Analytics. The website documents the steady decline in Alabama crime from 2005 to 2019 (the most recent year a full data set is available.)

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.”

By Frederick Spight, Policy Director


“Let us fight passionately and unrelenting for the goals of justice and peace, but let’s be sure that our hands are clean in this struggle. Let us never fight with falsehood and violence and hate and malice, but always fight with love…” 

Dr. Martin Luther King, Jr. spoke these words on April 7, 1957 at Dexter Avenue Baptist Church in Montgomery, AL. His sermon, entitled “Birth of A New Nation” was the first of many sermons in which Dr. King reflects and draws inspiration from his time in Ghana. The country had, just a month before, declared its independence from the British Empire and Dr. King was able to witness its beginning stages firsthand. Under the leadership of Kwame Nkrumah, who had spent roughly ten years in the United States, Ghana became a leader in the African and, arguably, world decolonization movement of the mid-to-late 20th century.

On Dr. King’s return to the segregated South he mused on the images he saw: Nkrumah’s first speech as president of the new nation while wearing the hat he wore in prison as a result of his activism, children running the streets yelling freedom and Nkrumah dancing with the Dutchess of Kent at the state ball, as equals. It was here that Dr. King said “The aftermath of nonviolence is the creation of the beloved community”. 

In Kingian philosophy the Beloved Community is one in which “… poverty, hunger and homelessness will not be tolerated because international standards of human decency will not allow it. Racism and all forms of discrimination, bigotry and prejudice will be replaced by an all-inclusive spirit of sisterhood and brotherhood.

On this Martin Luther King Jr, Day I reflect on the Beloved Community, as I tend to do from time to time. As a policy director, my goal is to craft legislation and advance the overall goal of achieving justice and equity for all Alabamians. As an attorney, my job is to ethically fight for the best of my clients,   which historically, have been the poor and disenfranchised. As a husband, I believe it is my role to be supportive, kind and understanding through all the challenges that life throws. As a father, my goal is to lead by example so that my children can always fall back on the foundation of right and wrong that I set. Finally, as a Black man, I believe it is my responsibility to build a legacy for future generations to build upon.

In all of these roles, in isolation but also as they overlap, I aim to bring about the Beloved Community. But I am one person and to bring about the Beloved Community it will take the broader masses to believe and strive for the same end.

In our system of government, we elect leaders who then come together as one body to take on the task of passing laws, rules, budgets and the otherwise mundane (but extremely important work) of administering the touch stones of government in our daily lives. This is true in both our State and the federal government. This past week was the organizational session in which members, new and seasoned, of the Alabama State Legislature came together for the first time before the beginning of the regular session. People received committee assignments, were assigned offices, while also passing rules in how our legislative body would operate. There were talks of fairness and collegiality while making direct and indirect references to the state of our national discourse.

Recently, it appears that instead of being a bottom up system of governance, it has become top down. Those in power, the elected and those non-elected who have influence over our lawmakers, have begun to tell the citizenry what to care about, or more accurately, what to be enraged by. And this is evident as many in this state suffer from the injustice that is poverty and all the inequities that flow from it, while focusing on niche issues of culture or heady academic subjects.

Therefore, it would be naive to say that the polarization that affects this nation at our highest levels of government is not also present in this  state. We see the effect all around us and inevitably we will see it this session. In these moments I hope all members of the Legislature, but more importantly all Alabamians, will to remember the words of Dr. King as he said “[w]e must come to the point of seeing that our ultimate aim is to live with all men as brothers and sisters under God, and not be their enemies…”

In reflecting on the legacy of Dr. King and the Beloved Community, we should also not miss the opportunity to reflect on our own legacies. What will people say after we are gone? Will we make the pages of history, or will we be forgotten in a generation? I can only imagine how Dr. King, a man who was despised and hated by many, would have reflected before he was martyred for justice. Maybe more importantly, how would he respond to the state of Alabama, this Nation and the World and those who use his name for their own goals. 

In sum, I ask all of you who read this to reflect as I have: what role do you play in the Beloved Community and how will you bring it to be?

“Forward Ever, Backward Never”₃


¹ https://kinginstitute.stanford.edu/king-papers/documents/birth-new-nation-sermon-delivered-dexter-avenue-baptist-church
² https://thekingcenter.org/about-tkc/the-king-philosophy/
₃ Kwame Nkrumah’s Conventional People’s Party slogan

Alabama prison deaths reach record levels in 2022. The Department of Corrections’ response? Less reporting on deaths.

By Eddie Burkhalter, Appleseed Researcher


Eddie Richmond was 17 years old at the time of the robbery that led to his death sentence in the Alabama Department of Corrections. 

He was not sentenced to die; the United States does not permit the death penalty for children or for individuals convicted of robbery. However, here in Alabama, prison terms routinely turn into death sentences. And 2022 was the deadliest year yet as 266 people died in government custody within Alabama Department of Corrections prisons.

Many, like Mr. Richmond, were young men serving relatively short sentences for offenses involving no physical injury to any victim. At the time of Mr. Richmond’s offense, he was not old enough to legally buy cigarettes, to join the military, to drink a beer, or to vote. Yet he was prosecuted as an adult, sentenced to prisons that have been declared so dangerous they violate the U.S. Constitution, then died six months later in prison. He was 20.

This week, news that the Alabama Department of Corrections is removing statistics about prison deaths from its monthly reports comes at the same time the Department reports the highest annual number of in-custody deaths since records have been kept.

An Alabama Department of Corrections spokesperson said that 266 people died in state prisons through Dec. 28, 2022, which is the highest death count since at least 2002, according to the department’s statistical reports. That number was provided in response to Appleseed’s questioning, not as part of a general release of information.

 Those 266 deaths came to 1,330 deaths per 100,000 incarcerated people, based on the state’s prison population last year. That death rate is nearly 200 percent higher than a decade ago, a stark reminder at how deadly Alabama’s overpopulated, understaffed prisons are. 

No response from prison officials 

For years, state officials have watched prison deaths steadily rise, yet taken no action that has addressed the loss of life. The overall mortality rate in state and federal prisons in Alabama between 2008 and 2018 rose by 98.6 percent. Only two states had higher mortality rates than Alabama in 2018, according to a Bureau of Justice Statistics 2021 report

In 2022, there were at least 95 preventable Alabama prison 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.

Of those 95 preventable deaths, 18 were caused by violence, five by suicide and two by either suicide or suspected overdose. Another 69 deaths were either confirmed or suspected as being drug-related, according to Shelburne’s tracking. She classifies drug-related deaths as suspected and confirmed overdoses, and deaths from disease or with prolonged or acute drug use as a major contributing factor. 

It is only through the efforts of unrelenting journalists, alongside family members of incarcerated people, that the public learns about the deaths of individuals in government custody. Another source is the Twitter accounts of incarcerated activists. 

Despite the surge in deaths in Alabama prisons, it’s unclear to what extent ADOC is working to address the crisis. Appleseed asked ADOC, among several questions, whether the department was looking into the reasons behind the rapid increase in deaths, or planned to do so. A department spokesperson declined to answer. 

ADOC also has a history of not accurately reporting deaths, and the department doesn’t routinely release the names of those who die, or report the number of deaths in a timely fashion, requiring journalists to request confirmation on those deaths after receiving tips. ADOC’s shoddy reporting practices have drawn the attention of the federal government. 

“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 a 2019 report on Alabama prisons. In 2020, DOJ sued the State over its dangerous and understaffed prisons; the State has refused to settle and the case is headed for trial next year.

A change in reporting methods announced recently also means the public won’t get real-time information from ADOC on how many are dying in state prisons. 

In its October monthly statistical report, published in late December, the department noted that the number of deaths in state prisons would no longer be published in those monthly reports, and instead would only be reported in ADOC’s quarterly reports. Yet, the most recently published quarterly report contains data that is six months old.

“How in the world do they get a hold of this stuff?”

Eddie Richmond leaves behind a devoted family struggling to get answers.

Eddie Richmond was found unresponsive on December 15th in his bed and died there at Fountain Correctional Facility

He survived what may have been an overdose at Fountain Correctional Facility on Nov. 25, 2022. About three weeks later, on December 15, he was found unresponsive in his bed and died there, ADOC confirmed for Appleseed.

“They were pretty much saying he was gone then, but he wasn’t. They were able to bring him back,” his mother, Wisteria Richmond, told Appleseed in December, speaking of that first incident in November that required an airlift to a local hospital. 

ADOC did not call Richmond’s mother immediately to tell her her son was dead. Instead, as has become routine due to ADOC’s stunning indifference to the importance of informing people in a timely fashion that someone they love has died, the family first learned about his death from other incarcerated men. While he hadn’t expressed suicidal thoughts to his mother on the daily calls the two had from prison, she was worried that he might be considering taking his own life.

She expressed her concerns about her son’s well being with a prison captain but said “she really didn’t have any words for me.” The family learned from those other incarcerated men that her son may have taken fentanyl in the first possible overdose. “We had a million questions. How in the world do they get a hold of this stuff?,” she asked. 

Richmond grew up with his mother in the small, rural community of Salem in Lee County. As a child, he played football, and was a talented running back and quarterback, his mother said, playing until about the eighth grade. He loved his family and his friends, and was passionate about rap music, said Ms. Richmond, who now lives in Phenix City. 

Richmond was serving a three-year sentence after pleading guilty to a robbery that occurred when he was 17, according to court records. A Lee County Circuit judge denied Richmond’s request to be tried as a youthful offender, those records show.

After his release from jail on the robbery charge, and before that charge was adjudicated in court, Richmond was charged with breaking into two vehicles and two additional thefts, offenses that occurred on the same day in April 2021, according to court records. 

Andrew Stanley, the attorney who represented Mr. Richmond on the robbery charge, told Appleseed that his client wasn’t alone that day in April, when the group of young people Richmond was with broke into those cars. “When I talked to Eddie in person, whether he was in jail or out of jail, he was respectful,” Stanley said, but added that was clearly hanging out with the wrong people. 

Stanley explained that even without incurring the new offenses it would have been hard to get the judge to approve youthful offender status to a young person who was facing a first-degree robbery charge in which a firearm was used. 

Eddie Richmond with his family. Photo courtesy of Wisteria Richmond.

Once in prison, Richmond called his mother often and it was clear to her that he was struggling. “He was worried about coming home and being judged. He said, ‘Mom y’all don’t even know what we go through down here’,” she said. 

In phone conversations from prison before he died, Richmond told his mother that once he got out he wanted to travel with his parents. He wanted to go to New Orleans with them, get a job and save up to move away and start over somewhere new.  “He had things he wanted to do. He had dreams.” 

In many of those phone calls from prison, her son expressed concern that once he got out he wouldn’t be able to shake the stigma of his past. “I tried to instill in him that people make mistakes. You learn from them,” his mother said. His death at a young age in an Alabama prison put an end to that chance. 

Wisteria Richmond buried her son on Dec. 29 at Evergreen Cemetery in Opelika. When his birthday comes around on May 20 the family plans to gather together and celebrate his life. “Even though he won’t be here for it,” she said. 

A Glimmer of Hope

News of the decrease in reporting on deaths at ADOC has raised concerns among elected officials, including lawmakers from both sides of the aisle and judges. 

Considering how bad things are going in ADOC, now is certainly not the time to be less transparent,” Rep. Chris England, D-Tuscaloosa, said in a Tweet this week. “If ADOC insists on doing the bare minimum here, then maybe we need to change the law to force them to do better. Fortunately, Session starts in March.” 

Rep. Matt Simpson, a Republican and former prosecutor from Baldwin County, who has called out ADOC mismanagement in the past, responded: “He’s not wrong.”

To put Alabama’s staggering number of prison deaths into perspective, officials with the Vermont Office of the Defender General and the Vermont Department of Corrections in December formed a task force to investigate prison deaths there after an eighth incarcerated person died in Vermont prisons for the entire calendar year. 

Vermont’s Defender General Matthew Valerio told a local newspaper that the group will also look into changing release dates for those who have served good time “are not a threat to themselves or society, and are looking for better release dates based on age, health issues and COVID numbers.” 

A death sentence for a probation revocation

Another recent death involved an Etowah County man originally convicted of drug charges – distribution of salvia – and sentenced to probation, only to have his probation revoked.

Marc Snow died on November 25, 2022 at Ventress Correctional Facility. He was 25 years old. Photo courtesy of Snow’s family.

Marc Snow died in the health care unit at Ventress Correctional Facility just a few short months later, on Nov. 29. He was 25.

The warden told the family that Snow had just smoked a cigarette and was seen visibly sick in his bed. Snow had a history of using synthetic marijuana, a mix of spices and herbs sprayed with a synthetic compound, and salvia, a plant with psychoactive properties, court records show. The exact cause of Snow’s death awaits a full autopsy and toxicology results.

Snow graduated from a rehabilitation program in Birmingham in February 2021, court records show. Soon after, he was reunited with his young son because he was doing so well, said Tera Cothran, who has had legal custody of Snow’s son since the boy was 18 months old. Cothran’s niece, the boy’s mother, has also struggled with drug addiction, Cothran told Appleseed. “We told my nephew at the beginning of the summer that Marc was his biological dad, and he got an opportunity to spend some time with Marc over the summer,” Cothran said. 

Later this summer, Snow’s probation officer received a tip that Snow was selling drugs, and evidence surfaced that he was associating with a woman who had admitted to the officer that she was selling drugs, a woman whom the officer told Snow to stay away from, according to court records. The officer filed for a probation revocation. An Etowah County Circuit judge in September ordered Snow to serve three years in prison, court records show.  “That bought him three years at Ventress prison, and a death sentence,” Cothran said. 

Snow was not known to use any drugs other than synthetic marijuana and salvia, and court records don’t show he was ever charged with, or tested positive for, any other drugs. “This five-year-old boy’s father was essentially stolen from him, and somebody should answer for that,” Cothran said. “I took this kid to a funeral and he’s barely tall enough to see in the casket.” 

Already, a violent start to 2023

A slew of stabbings at St. Clair Correctional Facility over two days at the start of 2023 left numerous men with injuries, a violent start to the new year in Alabama’s deadly prisons. 

Appleseed received tips that several men had been stabbed, and the Alabama Department of Corrections confirmed that Bienemy Luther on Jan. 2 was attacked by another incarcerated man at St. Clair prison, and was taken to a local hospital for treatment. 

The following day at St. Clair, three men – Martin Adams, Montrell Towns and Ladarius Lucas  – were involved in a fight with weapons, ADOC confirmed. Adams was treated for his injuries at the prison, and Lucas was taken to a local hospital for treatment. 

That same day Shedrick Williams III was assaulted with a weapon by more than one other incarcerated man, ADOC confirmed. He was treated at the prison for his injuries. 

Of the men injured this week, three are serving 20-year sentences and one is serving a 25-year sentence. All are to be released from prison and return to their communities in the future, if they survive Alabama’s deadly prisons. 

There were 12 preventable deaths at St. Clair prison in 2022, according to investigative journalist Beth Shelburne’s tracking, which defines such deaths as drug-related, deaths caused by assaults and suicides. 

Four days into the new year, the first homicide of 2023 at ADOC occurred. “Ariene Kimbrough, 35, was killed in his cell at Limestone prison. ADOC confirmed the murder but provided no details. Sources say prison staff placed Kimbrough & another man in a segregation cell designed for one person,” Shelburne shared on Twitter.

by Carla Crowder, Executive Director


Willie Ingram on his release day. Photo by Bernard Troncale

Willie Ingram, who served 39 years in prison after being convicted of a $20 robbery while armed with a pocketknife, celebrated his first Christmas and New Year’s Day as a free man. 

Mr. Ingram was originally sentenced to life imprisonment without parole under Alabama’s Habitual Felony Offender Act; his priors were all nonviolent property offenses from the 1970s. Appleseed took his case and with assistance from attorneys Mark White and Hope Marshall at White Arnold and Dowd, won his freedom. Mr. Ingram was resentenced to time served in November and walked out of St. Clair Correctional Facility to be welcomed by his two sons, sister, and a brother. 

On his release day, Mr. Ingram was understandably overwhelmed. “I didn’t know what to think, I was so happy. I thought I was going to be in prison for the rest of my life, but God made a way for me.”

Mr. Ingram is now 70 years old, having spent more than half his life behind bars.

Mr. Ingram with Appleseed Staff Attorney Alex LaGanke & Re-entry Coordinator Ronald McKeithen. Photo by Bernard Troncale

His prison record makes clear that years ago he turned away from the alcohol use that led to his convictions. For five years, he worked in the chemical plant at St. Clair prison. At the time of his release, he was serving as a runner for his dorm and a dorm cleaner. Throughout his incarceration, he actively resisted the gangs, drugs, and violence that permeate the prison system, attending Bible classes instead and accumulating an excellent disciplinary record. 

Despite the fact the State of Alabama condemned him to die in prison for a drunken confrontation that occurred nearly four decades ago, Mr. Ingram found purpose and created a life of rehabilitation and service within the most degraded of environments. 

“I didn’t know what to think, I was so happy. I thought I was going to be in prison for the rest of my life, but God made a way for me.” Mr. Ingram with his family outside of St. Clair Correctional Facility on his release day. Photo by Bernard Troncale

Appleseed began representing Mr. Ingram in early 2022. With pro bono assistance from Mr. White and Ms. Marshall, a commitment was secured from the Russell County District Attorney’s office not to oppose resentencing efforts. Russell County Circuit Judge Michael Bellamy granted the unopposed petition in November. 

Mr. Ingram is one of hundreds of older, incarcerated Alabamians serving sentences of life or life without parole for offenses with no physical injury that occurred decades ago.  The state’s “three strikes” law, the Habitual Felony Offender Act (HFOA), mandated these lengthy sentences for a single Class A felony (even a robbery, burglary, or drug trafficking offense where no victim was physically harmed) if an individual had three prior felony offenses, no matter how minor. Drug possession, forgery, and theft of a small amount of property count as priors toward a death in prison sentence. The three underlying offenses that contributed to Mr. Ingram’s sentence were two burglaries in the second degree and grand larceny for a $50 purse-snatching, all property crimes.

Our research into dozens of cases from the 1970s, 1980s, and 1990s shows that many prosecutors were eager to seek life without parole sentences in these kinds of cases. Black defendants, like Mr. Ingram, were especially vulnerable, as 75% of people serving life without parole for robbery convictions under the HFOA are Black, in a state with a Black population of 26%.

Mr. Ingram and his sister grabbing breakfast after his release. Photo by Libby Rau.

Mr. Ingram was sentenced to permanent incarceration, separated from his sons, and denied the ability to earn a living for himself.  Most of his sentence was served at St. Clair Correctional Facility. During his time there, incarcerated people rioted over prison conditions, a class action lawsuit was filed when St. Clair became the most violent prison in the country, and the United States Department of Justice sued the State of Alabama over unconstitutional conditions across the entire state prison system for men. 

Mr. Ingram is now enjoying the peace and comparative comfort of a reentry center and looking forward to moving closer to his family once he completes the reentry program. He shared that the best experience since his release has been spending time with his grandchildren, many of whom he had never met before. “It was a wonderful thing to see them and talk to them, to hold them and love them.”

By Eddie Burkhalter and Leah Nelson


Public outcry over the arrest of an 82-year-old Valley woman for $77 in unpaid garbage bills was swift, but records show the city has for decades arrested people over unpaid trash bills.  

Martha Menefield’s arrest three days after Thanksgiving, made international headlines. The charge against her was dropped after Menefield, on Dec. 5, paid the $77 and an additional $35 in court costs, records show. But an investigation by Alabama Appleseed and other outlets indicates that Menefield was but one of many victims of Valley’s trash police. 

This pattern of deploying police officers as bill collectors, particularly where the impacted residents are elderly, impoverished or both, does nothing to improve public safety and tarnishes the reputations of the small towns involved.  

Under a 2012 Valley municipal ordinance, nonpayment of garbage fees is a misdemeanor punishable by fine. Appleseed reviewed 26 arrests of Valley residents charged with failing to pay solid waste fees, 11 of which took place this year. Of 26 cases reviewed, 11 people had been arrested more than once over unpaid trash bills. 

Among those who were arrested on trash warrants by Valley police was 77-year-old Dee Kent, who was pulled over and arrested in November of 2021 while on her way to an appointment with her oncologist, CBS 42 first reported. 

Kent, now 79, told the news station she’d received no warning from the city prior to her arrest for failure to pay $141 in trash bills. She described her arrest to Appleseed by phone Thursday as “embarrassing.” 

“It was rough going to jail. Especially when everyone knows you. When you’ve grown up here,” Kent said. 

Nortasha Jackson, 49, was arrested Nov. 26 at her Valley home for $88 in unpaid trash bills, court records show. Her charge is listed as “Failure to Pay Solid Waste Fees” in those records. 

Jackson said she was arrested by two officers, one white and one Black, and described the younger Black officer as “gung ho.” 

“I came here to do my job. You’re going to be arrested,” the younger officer told her, Jackson said. 

Once at the Valley Police Department, she was given 20 minutes to arrange her bail or else be taken to the county jail. Panicked, Jackson said she got help from her adult son who was able to transfer a payment to help secure the bond before she was to be moved.

Jackson’s three children are grown and all have moved on. She receives partial disability benefits and works full time as a cashier, but her health problems prevented her from working during the months of October and November, Jackson said, meaning she had to stretch what little income she had even further. 

“It’s really hard,” she said. “My health is more important.” 

How a law becomes an arrest

With a few exceptions, participation in Valley’s garbage service program is mandatory. Residents are required to pay $18.10 per month for the service, or $15.60 if they are 65 or older and apply for an exemption. People who rely exclusively on Social Security benefits for income can also apply for full exemption.

Penalties for nonpayment include late fees, suspension of services, and civil actions. And pursuant to an ordinance adopted in 2012, people who violate any element of the city’s solid waste code “shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $50.00 nor more than $200.00.” The ordinance spells out that those fines can be compounded, with each day of noncompliance constituting a separate offense.

Valley has clarified that Menefield was arrested for failure to appear, not strictly for failure to pay her trash bill. But in Valley – along with at least 47 other Alabama cities – failure to pay trash bills alone is technically enough to trigger criminal charges. 

How does enforcement transpire? Every town operates differently, but to get a sense of how cities go about enforcing criminal codes where the offense in question is not something that would result in a call to 911 or a police stop, Alabama Appleseed spoke with two former city clerks who worked for small rural towns in Alabama.

The former clerks, who between them have decades of experience in municipal governance, explained that it is common for cities to contract with outside companies to collect their trash, as Valley does with a company called Amwaste. The cities pay the bill for that service, and city councils have discretion to pass those costs on to residents by passing a local ordinance. Fees collected pursuant to such ordinances have to be used for trash-related purposes and cannot be disbursed to the general fund. 

Generally, the clerks said, cities have an entity – a water or utilities board in some, a solid waste department in others – that oversees garbage collection services and collects fees from residents. In order to keep track of payments, that entity maintains a list of delinquencies, which in a city with an ordinance permitting criminal consequences it could turn over to a magistrate on a periodic basis. Based on that list, the magistrate would issue warrants which police would be tasked with executing. 

“I imagine they don’t even think about it, it’s just automatic. I think it probably stems from a policy set by the council or a directive from the mayor, but the magistrate is just doing what they do,” said Herman Lehman, former city clerk and treasurer for the city of Montevallo who now works as a consultant.

Lehman said that every single step of that process involves discretion. Like Valley, Montevallo contracts with an outside company to collect trash. The city pays the bill each month and collects fees from residents, who are required to participate in the service but can obtain exemptions if they can show they are unable to pay. As in Valley, Montevallo city code makes nonpayment of trash fees a misdemeanor. 

Lehman said he is unaware of the city ever having enforced that provision of its code. Instead, when Montevallo found a resident was struggling to pay, it sought to connect them with assistance through local churches, community-based organizations, or a Shelby County fund that is available to people with certain types of financial difficulties. Montevallo also made sure that eligible individuals knew they could apply for exemptions from the mandatory fee. When people habitually failed to pay or act on their bills, Montevallo used civil and administrative measures to sanction them and attempt to recover the money. 

“The idea that police were there to protect and serve, we sort of felt that serve was the operative word,” Lehman said of Montevallo’s reluctance to deploy police as debt collectors. “It just doesn’t make sense when you’re living in a community, particularly in a small community, to always play the bad guy, particularly in a situation where people may need help.”

Alabama law does not require custodial arrests for all misdemeanor charges. Among myriad unserved warrants for a wide variety of offenses dating back to 2003, Appleseed identified 22 for unpaid trash bills throughout Chambers County, along with one unserved warrant for the offense of “pants below waist.”

It is possible that the city of Valley issues summons initially, telling people who are delinquent on trash fees to come to court on a particular day for a hearing before a judge. What seems to have happened with Menefield is that she missed her initial court date. Typically, failure to appear at a court date prompts the issue of a second warrant, this time for failure to appear. That is the type of warrant that led to  Menefield’s November arrest.

But even failure to appear warrants are subject to discretion, retired Birmingham Police Captain Jerry Wiley explained to Alabama Appleseed. Wiley said that police in Alabama are required to take people into custody for certain misdemeanor charges such as driving under the influence. But alternatives to arrest, including warnings and admonitions to resolve the problem that prompted the warrant, are available for many misdemeanors. In a small town like Valley, Wiley said, expectations about how police should proceed in cases like Menefield’s are set by the police chief, who answers to the mayor and/or city council. Though individual officers legally have the discretion not to arrest for certain offenses, Wiley said that in a small town, they would have little authority to defy such policies without risking their jobs. 

But using police to punish nonpayment comes with a price for public safety. Research shows that when residents perceive police as debt collectors with badges, violent crimes are solved at a lower rate. 

“If the only thing you’re interacting with your police department is for is arbitrary arrests and silly things like that, it becomes an adversarial relationship,” Wiley said. “If the police are out doing this, they’re not fighting the crime they should be fighting.”

The Costs of Debt

 Making failure to pay trash fees a criminal offense doesn’t only make police officers debt collectors. It also results in many of those residents owing much more than their original fees.

Court records show that the average cost of unpaid garbage fees in those cases was $138.79. But as the cases progressed through the court, the average cost of all fees and additional court costs levied ballooned to an average of $402. 

The racial breakdown of the arrests mirrored Valley’s racial demographics fairly closely: 42 percent of the people arrested in the 26 cases reviewed by Appleseed were Black, and the town’s population is about 38 percent Black. 

These arrests could be stopped in a number of ways, but doing so would require action from Valley Mayor Leonard Riley and the seven-member Valley City Council, which could vote to change the language in the ordinance that makes nonpayment a misdemeanor. City officials could also simply stop the process that leads to the referral of those who are behind on payments for prosecution, and instead handle those debts as civil matters. 

Several attempts to reach Valley city officials and its police chief this week were unsuccessful. The only public statement from city officials was from Valley Police Chief Mike Reynolds, who in a press release stated that while officers can use discretion in certain matters “the enforcement of an arrest warrant issued by the court and signed by a magistrate, is not one of them.” 

“City of Valley Code Enforcement Officers issued Menefield a citation in August of 2022 for non-payment for trash services for the months of June, July, and August,” the statement reads. “Prior to issuing the citation, Code Enforcement tried to call Menefield several times and attempted to contact her in person at her residence. When contact could not be made, a door hanger was left at her residence. The hanger contained information on the reason for the visit and a name and contact phone number for her to call. The citation advised Menefield that she was to appear in court on September 7, 2022, in reference to this case. A warrant for Failure to Pay-Trash was issued when she did not appear in court.”

Jackson, the Valley woman arrested at home on Nov. 26, said the city needs to change how it handles unpaid garbage debt. She said that using police officers to collect such small amounts is “really stupid” and is not the sort of work taxpayers want from police departments. 

“It needs to be done better. It stigmatizes people,” she said.

 

Centuria Olds (left) and Deaundra Leshawn Johnson, Jefferson County jail booking


An Alabama Department of Corrections captain and former ADOC lieutenant each face multiple criminal charges related to smuggling contraband into Alabama prisons, but the small number of prison staff arrests is vastly outpaced by the deaths and violence caused by contraband pouring into Alabama prisons.

There were at least eight likely overdose deaths in five separate Alabama prisons between Nov. 22 and Nov. 27, according to a response from ADOC and sources in several of those prisons, who say that fentanyl overdoses are responsible for the record numbers of deaths across state prisons. 

The victims ranged in age from 20 to 67, with some of the men serving short sentences for nonviolent offenses. Over the Thanksgiving holidays, men died at Staton, Elmore, St. Clair, Bibb, and Ventress correctional facilities. These frequent, preventable deaths impact living conditions across the prisons as dorms are overrun by drug use and rehabilitative opportunities dwindle. Incarcerated people are overdosing in honor dorms, in drug treatment dorms, and in segregation cells. Additionally, ADOC’s unmitigated staffing crisis has led prison officials to close off many of the prisons to positive, educational classes and religious programming, according to multiple reports. 

Meanwhile, law enforcement obtained a search warrant for an apartment shared by two ADOC supervisors, a captain and a lieutenant, an ADOC spokesperson said in a response to inquiries from Appleseed.

Captain Deaundra Johnson at the Childersburg Community Work Center and former ADOC lieutenant Centauria Olds were arrested Monday, each charged with four counts of bribery and using their official position for personal gain, according to Jefferson County Jail records and a response from ADOC. 

Johnson previously worked at Donaldson Correctional Facility, where a record eight men have died by homicide this year, deaths that are often related to the free-flowing contraband.

In 2018, she was recognized by ADOC for “leading by the department’s core values of Professionalism, Integrity and Accountability” according to a tweet by the department that shows Johnson receiving an award from former ADOC Commissioner Jeff Dunn, a tweet that was shared Monday by investigative reporter Beth Shelburne. 

Olds was first arrested on Jan. 25, 2021, on charges of failure of duty or violation of law by a guard and use of position for personal gain, according to court records. Those older charges accuse Olds of engaging in a video message via cell phone with an incarcerated man and accepting money from the man in exchange for bringing in contraband. Those charges were to go before a Bibb County grand jury, according to court records. 

“Additional charges are pending further investigation. Johnson has been placed on Mandatory Leave pending the outcome of the investigation,” the response reads. 

 While there have been a few arrests of ADOC correctional officers charged in connection with smuggling contraband, the arrests this week of two supervising officers, one of whom holds the rank of captain, are rare. 

The Thanksgiving Week deaths have been identified as the following Alabamians:

  • Justin Wade Hopkins, 39, on Nov. 22 was found unresponsive in his dorm at Elmore Correctional Facility and was pronounced dead at a local hospital, ADOC confirmed.
  • Willie McCall, 67, on Nov 23 was discovered unresponsive on the dorm floor at St. Clair Correctional Facility and was pronounced dead.
  • Cameron Holifield, 22, was pronounced dead on Thanksgiving Day, Nov. 24 after being found unresponsive in his dorm at Staton Correctional Facility. He was serving a 2-year sentence for theft.
  • That same day Grady Anthony Lee, 44, was discovered unresponsive in his dorm at Bibb Correctional and was pronounced dead. He was serving a 15-year sentence for a drug conviction.

November 25 was an especially deadly day, when at least three men died. 

  • Barry Christopher Culver, 25, on Nov. 25 was found unresponsive on his bed at St. Clair Correctional Facility and was pronounced dead.
  • That same day Jason Hopkins, 36, was found unresponsive on his bed at Elmore Correctional Facility, where he was pronounced dead.
  • Albert Jackson Sorrells, 57, on Nov. 25 was also found unresponsive in his dorm at Ventress Correctional Facility and was pronounced dead.
  • Joseph Edward Nichols, 46, on Nov. 27  was found unresponsive in his dorm at Ventress Correctional Facility and was pronounced dead.
  • One man, twenty-year-old Eddie Richmond, was found unresponsive at Fountain Correctional Facility and was taken to a local hospital for treatment. Richmond is recovering, ADOC said in the statement.

For years, the State has been on notice that deadly drugs and contraband enter prisons through state employees. The U.S. Department of Justice’s ongoing lawsuit against Alabama and ADOC that alleges unconstitutional violations of incarcerated men’s rights to protections from violence and death also accuses the prison system of failing to control contraband, which results in mounting overdose deaths, even during the many months of suspended visitations during the COVID-19 pandemic. 

“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,” the DOJ’s amended complaint reads.

In previously released reports, the Justice Department detailed systemic problems of abuse from guards, corruption, rampant drug use, violence, overcrowding and understaffing in Alabama’s prisons. Even as a trial date approaches in the federal litigation, ADOC has failed to address the widespread, preventable deaths resulting from unconstitutional conditions identified in page after page of federal court filings.

Alabama Appleseed explores the conditions driving these kinds of preventable deaths in the recently published report, A Bitter Pill: Prisons Have Become the Deadly Epicenter of Alabama’s Addiction Crisis, Even as the State’s Response Begins to Show Signs of Success Elsewhere. How Do We Bridge the Gap?  

The report documents statewide progress against the scourge of opioids, with the exception of the criminal punishment system, and calls for investments in alternatives to incarceration. Our two-year investigation found that, “Alabama’s harshest response to substance use disorder – incarceration in a Department of Corrections prison facility – is not keeping Alabama safer. People are dying because prisons have failed at the basic task of preventing dangerous, illicit drugs from falling into the hands of desperate incarcerated people.”

When we published the report in September, there had been at least 72 suspected drug-related deaths since March 2020, when prisons were closed to visitors because of COVID. Now the death toll is well past 80.

By Kathleen Henderson


 My name is Kathleen J. Henderson, and I am so honored to be able to join Alabama Appleseed Center for Law and Justice as the new Re-entry Case Manager. 

I began my journey at Bevill State Community College. There,  I gained the understanding that education is a way out of poverty and/or crime for many. I found mostly very kind people there with helping spirits. I also found a job helping those students who are first-generation and/or low-income. Being in this population myself allowed me to better serve these students as they navigated the challenges of higher education.  

Because my time at Bevill State was so enriching, I looked for another small college. Athens State University was my next stop. Once again, my path was illuminated, and I found myself helping a professor teach Mindfulness at  Limestone Correctional Facility. It was there that my compassion for this population deepened. The stories of lives affected by poverty, substance abuse, psychological issues, familial ties, and many other factors put a fire in my heart. So, when a job at the Alabama Bureau of Pardons and Paroles came available, I applied. 

Working as a caseworker with special populations in Walker County for the Day Reporting Center Lite was an inspiring experience. Although many people see Walker County as a desert for resources, I found this untrue. With much determination and work, I found resources for most of the issues presented by my participants.  While there I also started back to school to finish my Master of Psychology degree. 

Returning citizens are a section of the population who are not always afforded grace, understanding, and human kindness.  I have witnessed this firsthand while working for the Alabama Bureau of Pardons and Paroles. However, a little kindness goes a long way. The one thing that I find so rewarding about working with returning citizens is when the light returns to their eyes; when they realize that they may again dream, that there is a future for them, and they get to write that future. It has been my fortune to be able to assist and guide them in their new journeys as they dream as big as their minds will allow. 

In addition, I have found in my time as a caseworker that re-entry work requires compassion as well as hard work. If everyone who made a law, enforced one, or influenced one utilized the same compassion they use when dealing with their own family, things would be different for people in the criminal justice system. Often, psychological issues are treated only as crimes and exacerbated by prison sentences. People with the misfortune of having been incarcerated often wear a scarlet letter, as well as the mental and physical scars that come with imprisonment. These things cause roadblocks and pitfalls that must be carefully maneuvered. The impact of incarceration touches every aspect of a person’s life. Shouldn’t then compassion be a prerequisite for all involved in those decisions? 

As I look back, I recognize how all of this led me to Alabama Appleseed and it is my honor and privilege to be among this hardworking group of people. I am humbled at the idea of working with this amazing organization that changes laws and lives, and I hope to be able to serve it well for a long time to come. So let us get busy and help someone dream about life beyond the prison walls!