Condemned

Hundreds of men are sentenced to die in prison for crimes with no physical injury. They haven’t given up on life. Why has Alabama given up on them?

An updated report from Alabama Appleseed

The honor dorms of Alabama prisons have become another Death Row, filled with older men who have long turned away from violence, drugs, and crime. The Department of Corrections houses them in honor dorms because they are role models, men who have earned the trust of chaplains, wardens, counselors. To flip through their stacks of diplomas and certificates is a history lesson in the rehabilitative and educational opportunities offered in the prisons over the last 40 years. Drug treatment, anger management, barbering, Bible studies – to name a few. 

Because of the Habitual Felony Offender Act, they will die in prison anyway. 

This report shares their stories. None of the men profiled here have convictions for crimes involving homicide or sexual offenses. For the majority, their most serious offense was first-degree robbery involving no physical injury. Often, their convictions stemmed from untreated alcohol and drug use, from growing up in dangerous homes in dangerous neighborhoods. By age 21, or 25, maybe early 30s, the system passed final judgment, determining they were irredeemable.  

Life imprisonment without parole assumes rehabilitation is impossible, but these lives have shown that to be a lie. The human capacity for growth and change – when people have purpose – is irrepressible. That people with no hope for release have transformed while confined in prisons known for violence and despair is additional evidence that the system was wrong. And still is.

Among those serving life without parole whose most serious offense was robbery, the racial disparity is striking: 75% are Black.

There is a way to fix this. 

Alabama should provide a mechanism for judges to review the sentences of people serving life without parole under the Habitual Felony Offender Act. Judges should have the discretion to “look back” and resentence older individuals with a demonstrated record of rehabilitation. Making the legislatively approved Sentencing Guidelines retroactive and ending Life Without Parole sentences for crimes involving no serious physical injury would also go far.

The Habitual Felony Offender Act does not make us safer. It fills prisons with senior citizens reading their Bibles, writing poems, mopping floors, avoiding others’ knives, and seeking one more class, one more program, one more chance to finally prove they are more than who they were 30 years ago.

Photo by Bernard Troncale

REPORT HIGHLIGHTS

  • 5,660 people are serving sentences of Life Without Parole, Life With Parole, or Virtual Life in Alabama,

    which has the fourth highest rate of extreme sentences in the country.

  • Alabama’s Habitual Felony Offender Act is more severe than repeat offender statutes in every other southern state – except Mississippi.

    Alabama’s law permits a sentence of life imprisonment without parole upon conviction of one robbery with no physical injury, if the defendant has 3 prior convictions of any kind, even low-level drug or property crimes.

  • Alabama’s judges have shown support for reform, particularly a “look back” permitting judges to amend life without parole sentences for older people who have changed their lives.

    From Hon. Michael Youngpeter, Presiding Circuit Court Judge, Mobile County, in the case of Michael Blair:

    “[I]t was apparent ten years ago that Blair was not the same 22-year-old who committed a few non-violent felonies and then the robbery which led to the sentence in this case. . . . A simple review of this case shows that 30+ years in prison is enough. If the opportunity for a “do over” arises, the Court intends to resentence Blair so that he has the chance to be paroled.”

MEN CONDEMNED TO DIE IN PRISON

JOHN MANLEY | AGE 60, has served 36 years for burglary. 

John has earned an Associate’s Degree and worked as an accounting clerk while incarcerated at St. Clair Correctional Facility. Although no one was physically injured, nothing was stolen, and he had no contact with the victim, the Montgomery County District Attorney has opposed all resentencing efforts, even after the victim signed an affidavit supporting John’s release.

MYRON MONROE| AGE 62, has served 32 years for $50 robbery while armed with a knife. 

He works for the warden at Holman prison and has been involved in Alcoholics Anonymous and Narcotics Anonymous throughout his incarceration.

“After 30 years in prison, I have been rehabilitated. Any more time would be too long for snatching money from a cash register, which although wrong, is not deserving of my entire life. I am truly sorry. All I want is to go home to my family that I left so many years ago.” 

Permit judges to resentence people serving Life Without Parole (LWOP) who have a demonstrated record of rehabilitation.

Eliminate the possibility of life imprisonment without parole for non-murder and non-sex offenses that do not result in injury to victims

Limit certain property and other low-level offenses from being used to enhance sentences under HFOA

Make sentencing fair by applying 2015 sentencing reforms retroactively so that people sentenced decades ago receive similar sentences as people sentenced today

Require prior offenses used for enhancement under the HFOA arise from separate incidents

Eliminate use of priors for enhancement purposes that occurred when the defendant was under 18 years of age