Below we’d like to share Attorney Tim DiPiero‘s thoughts on the recent execution of Marcellus Williams and the legal ramifications of the act:
“It is hard to believe that the State of Missouri with the approval of the United States Supreme Court actually executed Marcellus Williams. This execution occurred not only over the objection of the victim’s family but also over that of the prosecuting attorney’s office which prosecuted Williams. Executing Marcellus Williams under these circumstances is beyond outrageous!
We’ve lost our way dealing with crime in this country. A national disgrace that no one is talking about is that we have 5% or less of the world’s population and close to 25% of the world’s prison population. As for how we handle drug distribution cases, we try to attack the SUPPLY, which is always going to be there no matter how many drug cartel leaders we bust, but we do very little to attack the DEMAND! Apparently, in the last WV Legislature session, some decent sentencing reform and second chance proposed bills were sacrificed to keep our Legislature from passing a death penalty bill. A death penalty bill is the last thing we need in WV.
When it comes to recidivism and the “3 strikes and your out” law, it used to be that 2 of the 3 felonies in WV had to involve violence or a felony committed with a gun before a life sentence could be imposed, which makes good sense. Now, the Legislature has broadened what is a qualifying offense. For example, any drug felony qualifies as well as grand larceny, and virtually any non-violent felony. A guy could steal a car, steal a cell phone a year later and then get stopped for speeding 5 years later and have a deer rifle in the car and thereby be guilty of his third felony, and be facing a life imprisonment sentence. Because African Americans have historically been disproportionately prosecuted for drug crimes much more than non-blacks, they have likewise been disproportionately sentenced to life imprisonment sentences under state “3 strikes and your out” laws. Our Legislature wants to attack crime with higher penalties hoping to deter crime. The Federal Sentencing Commission’s attempt to deter crime with their very punitive guidelines has proven to be an utter failure. Federal prison population saw more than a 500% increase over the last 4 decades. These tough drug laws, in federal and state courts, have made selling drugs more profitable and more dangerous and created overcrowded prisons and exorbitant costs we cannot afford.
I’ve become passionate about sentencing and prison reform. My late, good friend, Levi Phillips, who was well-known from his Charleston High School and WVU Basketball days, had a crack cocaine use problem for a few years. He was convicted of distributing a small amount of drugs three times to support his habit. In WV today, with three such felonies, he would have been facing a life sentence. But a judge took a chance on him and Levi beat his habit and got back to being a solid citizen, a regular wage-earner and excellent family man. He also did all kinds of good things coaching kids, hiring a tutor to help them with their studies, helping with services for senior citizens, etc. It just kills me that we give up on people so easily, oftentimes people who know how to reach kids because of what they’ve been through and who want to redeem their pasts.
I have been blessed to be a part of some of the prison ministry programs led by Calvin Sutphin of Catalyst Ministries. Last year I assisted him as he led a peer mentoring program with about 20 men and women in four different state prisons. I was pleasantly surprised and moved to see prisoners, several of whom have life with no mercy sentences, encouraging younger prisoners, quoting bible verses and expressing heartfelt prayers for one another and their families. Calvin is largely responsible for the Appalachian Bible College being established at Mt. Olive. You should see the pride on the families’ faces as they see their sons, husbands, fathers, etc. wearing a cap and gown over a prison uniform receive a college diploma. Equally moving is the annual Day With Dad, which I have attended at St. Mary’s Prison, where kids are allowed to spend an afternoon outside playing games and sports with their dads. Our country and our State need to work on providing alternative and lower sentences for non-violent crimes and preparing prisoners to get back to society with employment skills and services to assist them in being good family men and women.
So, let’s do more than warehouse our prisoners. Let’s make it our purpose to get them ready to get out and become solid citizens.”
Sincerely,
Tim DiPiero
