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Cracking Open
Michael
Short knows he was wrong to sell crack cocaine, but he questions whether
he needed 15 years in prison to learn his lesson. Now some of the
politicians who helped put him there are wondering,
too. June 1, 2008 Washington
Post Magazine By Vanessa M. Gezari
ON HIS 18TH DAY OF FREEDOM, Michael Short
awakened before dawn. In prison, corrections officers had paced the halls
at night, jingling keys and shining flashlights. Now Mike slept fitfully,
even in a king-size bed.
It was a damp, gray Tuesday late in February.
He slipped on a pinstriped shirt that hid his tattoos, slid his feet into
shiny new loafers and rubbed coconut oil into his hair, cut razor-straight
at the temples and flecked with gray. He was 36, with a basketball
player's long-legged gait and the lined brow of a man well acquainted with
consequences. Standing in front of the bathroom mirror, he nervously
knotted a silver-and-white tie that his girlfriend had bought him at
Macy's.
On days like this, he wished the past were a
room with a door you could close, a place you could walk away from, as he
had walked away from prison after President Bush commuted his sentence.
But the past wasn't like that, at least not for him. Over breakfast, he
practiced the testimony he was scheduled to deliver that afternoon before
a congressional subcommittee: My name is
Michael Short. I am here because in 1992 I was sentenced for selling crack
cocaine. Before that, I had never spent a day in prison. I came from a
good family. I had no criminal history. I was not a violent offender. But
I was sentenced to serve nearly 20 years. I was 21 years old.
As he navigated traffic from his girlfriend's
house in Charles County and boarded the subway to Capitol Hill, he braced
himself for the inevitable questions, the scrutiny of his crime, the
dissection of his punishment. His commutation had taken half a dozen years
to materialize and, by Mike's calculation, had shaved only six months off
the time he would have served. He had spent more years in prison than many
murderers.
He arrived at the basement room in the Rayburn
House Office Building a half-hour early and looked around, taking in the
raised dais, the plaque that said "Ways and Means." He might have spent
this drizzly morning at the Greenbelt health club where he had recently
landed a job as a personal trainer. Instead, he was here, wondering what
was meant by the term "majority whip" and hoping that he wouldn't
stutter.
The room slowly filled with the most
sympathetic crowd he would encounter all day: lawyers, ex-prisoners and
advocates who believed that federal crack cocaine laws were unfair and had
gathered to lobby for new ones. The subcommittee hearing would not take
place until afternoon; this was just a practice session to give Mike and
other lobbyists some last-minute pointers. Someone handed him a big red
button that said, "CRACK the disparity," a reference to the vast
difference in prison terms to which crack and powder cocaine offenders are
sentenced. He pinned it to his shirt.
Rep. Sheila Jackson Lee, a Democrat from Texas
who has introduced a bill to remedy the disparity, walked to the lectern.
An imposing woman in an emerald green suit, she wondered aloud what
America's founders would have thought, had they been able to look into the
future and see how many times the country fell short of its ideals.
"They set up these models, these principles,
that indicated that we had the right of free speech, that we had the right
of a trial by our peers," Jackson Lee said, her voice rising. "And for
those of us [whose forebears] came here in the bottom of the belly of a
slave boat, the 13th and 14th and 15th amendments suggested that there was
a road map to freedom in this nation. But we have sometimes lost our
way."
She spoke of how, in the Bible, no one stopped
to help the beaten, stripped man on the roadside until the Good Samaritan
came along. In much the same way, she said, members of Congress had long
ignored broken crack cocaine laws that disproportionately affected African
Americans. Husbands, brothers and sisters had disappeared from their
communities for years over relatively minor drug crimes, she said.
Mike pulled a crumpled tissue from his pocket
and wiped his eyes. The packed room felt like church on Sunday morning. As
Jackson Lee spoke, people yelled, "Yes!" and "All right now!" When she
finished, Mike clapped long and hard.
And then, unexpectedly, someone introduced him.
He walked to the lectern and stood there, hunching his shoulders as if he
were ashamed of his 6-foot-2-inch frame. His voice was gravelly with
emotion.
He began his spiel: his name, his crime -- the
distribution of 63 grams of crack cocaine -- the almost-20-year sentence,
the 15 years and eight months he'd spent in prison.
"How many?" someone called out,
incredulous.
"Fifteen years and eight months of my 19
years," Mike said. He paused, searching for a way to explain without
asking for sympathy. He tried to maintain his composure.
"I made a mistake. And it didn't take me 15
years to understand that what I did was wrong. I deserved to go to prison.
But I don't feel as though I deserved to go to prison for 15
years."
IN THE SUMMER OF 1986, WHEN MIKE WAS 15, the
Boston Celtics selected Len Bias as their first pick in the NBA draft. A
Celtics scout compared him to Michael Jordan, and Bias told a reporter
that the first thing he planned to buy was a Mercedes. Two days later, he
collapsed in his dorm suite at the University of Maryland, dead of a
cocaine overdose. The community that had cheered for him staggered like a
man punched in the gut. Here was a kid from Prince George's County who had
laid claim to the American dream with all the ease of a pro executing a
layup. "I can't see why we would lose someone like this," the director of
a recreation center where Bias had played as a kid told The Washington
Post. "Someone so important to us."
Initial medical reports indicated, incorrectly,
that the high concentration of cocaine in Bias's blood suggested that he
had died after smoking crack, then the latest drug to hit America's city
streets. Made from powder cocaine cooked with baking soda, crack was
cheaper than powder, and, because it was smoked, the high was more
intense.
Living in Hyattsville, the son of a legal
secretary and a car salesman, Mike absorbed the news, but he was too young
to make sense of it. Drugs were not a part of his world. His parents had
separated when he was a boy, and his mother raised him and his brother and
sister in quiet suburban neighborhoods before moving to a neat brick house
on Hawaii Avenue in Northeast Washington after Mike graduated from high
school. He was a quiet kid, obsessed with basketball. His friends called
him a "mama's boy" because he used to meet his mother at the bus stop when
she got home from work. "I wouldn't have known what cocaine was if you put
it on my dinner plate," he said.
Nevertheless, his world reverberated with Len
Bias's loss. At Northwestern High School, Bias's alma mater, Mike played
on the varsity basketball team with the star's younger brother Jay. Mike
wanted to comfort Jay, who was visibly distraught, but he didn't know what
to say.
In Congress, then-House Speaker Tip O'Neill, a
Democrat whose Boston constituents couldn't stop talking about Bias's
death, saw a political opportunity. Throughout the 1980s, the federal
government had waded deeper into the war on drugs, part of a trend spawned
by the turmoil of the 1960s and '70s. Bias's death offered a perfect
chance to capitalize on the growing public outcry, especially over crack.
"The speaker realizes, if the Democrats take the lead on this, if we play
it right, maybe we can win the Senate back," Eric E. Sterling said
recently. He was assistant counsel to the House Judiciary subcommittee on
crime in 1986 and now heads the Criminal Justice Policy Foundation, a
Silver Spring nonprofit that educates the public about criminal justice
issues.
O'Neill convened the steering and policy
committee of the House Democrats and moved the formation of tougher drug
laws to the top of the agenda. Sterling and other staffers were told to
draft a law that would punish high-level traffickers, but they didn't know
what amount of drugs would qualify someone as "high-level" and, with the
midterm election campaign season just a few days away, they didn't have
time to determine that, Sterling said. No hearings were held.
The Anti-Drug Abuse Act of 1986 established the
mandatory minimum drug sentences that remain in effect today. It imposed a
five-year mandatory prison term for first-time trafficking of five or more
grams of crack or 500 grams of powder, and a 10-year mandatory minimum for
first-time trafficking of 50 grams of crack or five kilos of powder. In
drug policy circles, this is known as the "100-to-1 drug quantity ratio,"
and it has hit African Americans hardest because they are more likely to
live in the neighborhoods where crack cocaine is used and sold, even
though, in absolute numbers, most crack users are white. In 2006, 82
percent of crack offenders sentenced under federal law were African
American, according to the U.S. Sentencing Commission, an independent
agency set up to develop a national sentencing policy for the federal
courts.
In 1988, Congress got even tougher, passing a
law that made simple possession of five grams of crack punishable by a
mandatory minimum five-year prison term. First-time possession of any
amount of any other controlled substance, including powder cocaine, is a
misdemeanor punishable by a maximum of a year in prison. The only
exception is flunitrazepan, also known as Rohypnol, the "date rape drug,"
which carries a maximum three-year penalty for first-time
possession.
Five basic suppositions guided lawmakers in
setting such high penalties for crack, according to research by the
Sentencing Commission.
Crack is extremely addictive, and because crack
users needed to get high more frequently and tended to have less money
than powder users, they were more likely to engage in criminal behavior to
support their addictions, creating at least a perceived link between crack
use and violence. Crack was considered especially dangerous, particularly
to fetuses. Children were also used as lookouts by dealers and exposed to
the drug as addicts. And crack's potency and low price -- about $10 for
two small pieces compared with $100 for a gram of powder cocaine in 1986--
meant that almost anyone could afford it.
President Ronald Reagan signed the Anti-Drug
Abuse Act in late October 1986. The following week, the Democrats took
back the Senate. Over the next two decades, the federal prison population
would grow from about 38,000 to more than 200,000; more than half the
current inmates are drug offenders. The average amount of crack that
federal offenders were convicted of trafficking in 2006 was 51 grams,
about the weight of a candy bar; their average prison sentence was 10
years, according to the Sentencing Commission.
"If we were sophisticated in the metric system,
we would have known that the people we're interested in, like [Colombian
Pablo] Escobar, are moving a ton, a million grams," Sterling said. "Are we
winning the war on drugs? No. The federal government is wasting the
resources."
THE YEAR AFTER LEN BIAS DIED, Mike Short's team
at Northwestern won the state championship. He and his teammates stormed
the court at the University of Maryland's Cole Field House in jubilation,
and some leapt for the rim and held on, shattering a fiberglass backboard.
Their joy signaled intense relief. It had been a tough season, with rival
players mocking Jay Bias over his brother's drug-induced death and
Northwestern players fighting back. Several had been suspended.
Mike, a sophmore, wasn't among them, but in his
senior year he was cut from the team over "differences of opinion" with a
new coach, he said. His mother met with teachers and administrators, who
offered to reinstate him, but Mike refused. "It's my fault for being angry
like that, holding resentment," he said. "That's something that still
haunts me."
He switched to pickup games on street courts in
suburban Maryland, where drug dealers and athletes mingled like mismatched
dancing partners. Dealers would sometimes hand out money to winning
players or buy them clothes. People noticed Mike's skill and started
paying him as much as $500 to play in high-stakes games, he said. He knew
drugs were illegal, and his training as an athlete dissuaded him from
using them. He says he never tried cocaine and only smoked marijuana once.
He didn't need money. "But then some of us would see how easy it is, and
it's hard to turn down $1,000 or $2,000 when you don't have to do
anything," he said.
His dealing began with casual conversations
with people from school, the neighborhood and guys he met on the courts.
He wasn't asked to do much -- most of the time, he just made a phone call
or delivered a package, often to people he knew and trusted -- and dealing
became part of the fabric of his social life. He would go bowling and meet
someone else in the business, or arrange a handoff to a friend at a local
barbershop. He bought himself stylish new clothes, but he didn't buy a car
because he worried that his mother, Shirley Short, would catch on. Even
so, when he showed up in a pair of $100 tennis shoes that she hadn't
bought for him, when his friends parked their own flashy cars outside, she
guessed the truth. About a year before Mike got arrested, his mother told
him to stop. He didn't see why he should.
"I was like, Man, it's just too sweet of a
deal," he recalled. "There's no violence involved. Why not sell it, make
my $500, and go on about my business?"
The violence that was invisible to him was
apparent to anyone who read the newspaper or had the misfortune to live in
one of the impoverished urban neighborhoods favored by street dealers. In
1989, Washington had 434 homicides, more per capita than any other U.S.
city. But Mike didn't frequent open-air drug markets, and he told himself
that the cops weren't looking for someone like him. I'm a peon, he
thought. They want the guys who are
selling thousands and thousands of dollars' worth.
And then he walked into their cross
hairs.
The investigation that put him in prison, like
the law that kept him there, began with Bias's death. In 1987, Brian
Tribble, a former Maryland student and friend of Bias's, went on trial for
supplying the cocaine that killed the basketball star. A former player
testified that he and three others, including Tribble and Bias, snorted
about one-third of a cup of powder cocaine the night they were celebrating
Bias's ascension to the Celtics.
Relying heavily on the testimony of former
teammates who snorted cocaine with Bias and a 17-year-old with an
extensive juvenile record who said he had sold large amounts of cocaine
for Tribble, prosecutors built a case that they later acknowledged was
largely circumstantial. Tribble was acquitted, the jury foreman explained
after the trial, because prosecutors failed to present evidence beyond a
reasonable doubt that he had any connection to the drugs that killed Bias.
Tribble wept when the verdict was read, but his success in beating the
charges vaulted him to superstardom in the local drug-dealing community,
said J. Andrew McColl, the lead FBI agent on the investigation that led to
Mike's arrest. "Brian was Mr. Teflon," McColl said. "Nobody could touch
him."
In 1988, the D.C. police and the FBI went after
Tribble, who was working with a network of dealers in the Woodridge
neighborhood in Northeast. The FBI planned to have undercover agents
supply the dealers with cellphones in exchange for crack cocaine and to
record their conversations. At the time, cellphones were rare and
expensive; you needed good credit to get one, something most drug dealers
didn't have.
A few days before Christmas in 1989, an
undercover FBI agent showed up to collect a monthly cellphone payment in
crack from a dealer named Norman Brown. Brown told the agent to drive over
to his "man" and collect the drugs. On this day, his man was Mike Short.
Mike handed the agent a paper bag containing 63 grams of crack cocaine.
The agent gave him $1,800.
In 1990, after a two-year investigation,
federal authorities charged Mike, then 19, and 28 others with selling
powder cocaine and crack as part of a sprawling drug ring. Nearly two
decades later, McColl called Mike "a very minor player." Mike said he had
never been suspended from school. Unlike some of his codefendants, he had
worked steadily, including helping his father at Mattress Discounters in
Langley Park.
Meanwhile, Brian Tribble agreed to cooperate
with authorities in exchange for a reduced sentence. He pleaded guilty to
conspiracy to distribute powder cocaine, admitting that he and associates
had sold more than 110 pounds of drugs in an 18-month period. He was
sentenced to 10 years, almost exactly half the length of Mike's crack
sentence of 19 years and seven months. In addition to the 63 grams Mike
handed to the undercover agent, the court held him accountable for helping
to distribute another five kilos of crack, based on witness testimony,
which added considerably to his sentence.
AFTER HE WAS FREED, MIKE RETURNED TO WASHINGTON
ON THE NIGHT OF DECEMBER 18, 2007, on a Trailways bus from West Virginia,
wearing a prison-issue sweat suit and a denim jacket that whipped in the
wind. He had ridden since morning, staring out the window, too anxious to
sleep. He felt like everyone was looking at him, like they all knew that
he had just been released from prison.
He was released just ahead of a stream of crack
offenders expected to get out an average of two years early under changes
enacted last fall by the Sentencing Commission. About 20,000 federal crack
inmates will be eligible for the reductions over the next 30 years. The
largest number -- about 1,400 -- were sentenced in the Eastern District of
Virginia; 279 were sentenced in Maryland and 269 in the District.
On average, they are male, black and 35 years
old, a profile that Mike fit almost exactly, and many will return to
neighborhoods scarred by drugs. The Anacostia halfway house where Mike
would spend the next six weeks sat across from a rundown apartment complex
on a desolate street. It was called Hope Village, but he quickly sized up
the neighborhood. "You would find your choice of drugs around there,
easy," he said.
He had been behind bars for nearly 16 years,
most of it in Petersburg, Va. His mother had died in 1997, and he had gone
to her funeral in his khaki inmate's uniform, chained at the waist and
ankles, escorted by corrections officers. Mike's father, whom he had seen
periodically over the years, also attended the funeral, along with Mike's
brother, sister and nephews. His father sometimes visited him in prison,
and the two developed a closer relationship, though they were never as
close as he and his mother had been.
At first, he was angry -- at the people who'd
testified against him, at the government and at his lawyer. Having never
been much of a churchgoer, he blamed God. Then somewhere along the way, he
grew tired of the repetitive drone of his own rage. "I didn't want to come
out of prison being bitter, hating anyone," he said. "I wasn't raised like
that, and I didn't want to come home like that."
Vowing not to waste a day, he earned an
associate's degree in business management and worked long hours in a
prison business office.
"Why did you go to prison for so long?" Mike
recalls his nephew asking when he visited. "Did you kill anybody?"
"I sold drugs," Mike told him.
"But you haven't been home since I been
living." After a while, he stopped asking.
Another visitor began making the 2 1/2-hour
trip from Washington to see him, first with Mike's sister, then on her
own. Vanessa Bolden was 5-foot-2, with smooth chestnut skin and the
righteous toughness of a woman who had been working since she was 16 and
now owned her home and drove a sleek blue Lexus. She and Mike had started
dating a few months before he was convicted, but neither thought it would
last. She was a 31-year-old single mother with her own apartment and a job
at the U.S. Customs Service. He was 21, living with his mother and going
to federal court every day for his trial on drug charges.
Vanessa and Mike would go to Hains Point or
Rock Creek Park and drink Heinekens and talk. Sometimes they would sit in
her car in front of his mother's house, listening to the radio and
laughing. If he was nervous about going to prison, she never guessed. "I
never had no idea that they would give him 1,001 years," she said.
In the prison visiting room, she was impressed
by what she saw. "He started educating himself; he started reading a lot,
getting a lot of knowledge," she said. After receiving his management
degree, Mike earned his personal trainer certification and completed
courses in nutrition and plyometric training.
Vanessa and Mike exchanged letters and talked
on the phone. Their relationship began to shape Vanessa's life. She
watched her girlfriends fall prey to cheating men. She would hang out with
her brothers or go to a happy hour, but she wouldn't let a man buy her a
drink. Mike was her excuse. When she went out, she imagined he was at the
table next to her. "I always thought Mikey was watching me," she
said.
By the time his release date neared, she was
going to see him nearly every weekend, getting up at 5 a.m. on Sundays and
driving all morning to sit next to him in the crowded visiting room and
hold his hand. "I was like, 'What is wrong with me?'?" she said. They
talked for hours about their families, their future. When Vanessa woke up
troubled in the middle of the night, she would write to him. "He'd write
me back and make me feel better. I was like, Damn, if it was that simple,
why couldn't I figure it out?"
In 2002, he applied for executive clemency,
which is one of the few remedies available to federal prisoners sentenced
to mandatory minimums because there is no parole in the federal system. A
year earlier, President Bill Clinton had handed out dozens of last-minute
pardons and commutations. One of the recipients was Mike's codefendant and
childhood friend Derrick Curry. In recent administrations, clemency has
become rare. Bush has approved only six commutations since taking office,
fewer than any president except his father, who served only one
term.
Mike's petition, including letters from prison
officials, his sister and family friends, landed in the Office of the
Pardon Attorney in early 2002. It would take more than five years to reach
the White House, just three blocks away. At first, his request seemed
headed for denial, according to documents. Three years passed before
then-Pardon Attorney Roger Adams sent a letter to the U.S. attorney in
Baltimore and to Judge William Nickerson, who had presided over Mike's
case, asking them to weigh in on his clemency petition.
A veteran judge, Nickerson had long been
frustrated by the sentencing guidelines that took discretion out of the
hands of judges. Mike's case had bothered him for years, so much so that
it contributed to his decision to stop handling drug cases. Mike and his
codefendants were kids from hard-
working families who "kind of got sidetracked,"
Nickerson said. "It made it doubly tragic to ship them off to jail." When
it came time in 2005 to offer an opinion on Mike's clemency petition,
Nickerson endorsed it.
Two years later, on December 11, 2007, the
White House announced the commutation. It had been so long that Mike had
forgotten he had applied. His unit manager found him eating lunch in the
prison cafeteria.
"Are you Michael Short?" he asked.
"Why?" Mike barked. He assumed he was in
trouble, though he knew he had done nothing wrong.
"Relax," the unit manager told him. "You got
immediate release."
Mike's face broke into a smile. "Oh, really?
Can I leave right now?"
When Vanessa learned that he was coming home
early, she found herself trembling. "I didn't know what kind of man he
really was, as far as living with him," she said.
The night he arrived, he climbed into her car.
They sat side by side, just the two of them in silence. She glanced over
at him, wondering if this was for real.
WHEN HE GOT OUT OF THE HALFWAY HOUSE THIS PAST
FEBRUARY, Mike moved into Vanessa's three-bedroom house in Charles County.
Golden cherubs hung on the walls in the bathroom, and a stuffed anteater
with a pink ribbon around its neck occupied the overstuffed living room
couch. After the constant noise of men and cells, Vanessa's house was
quiet and strange. Mike didn't like being alone there. After so long in
prison, he felt awkward most places. At the mall, he stumbled when getting
on escalators. Electronic gas pumps bewildered him. Vanessa rolled down
her window to help: "Baby, push that button over there."
He and the other inmates had fantasized about
running the streets when they got out, but Mike found that he didn't even
want to leave the house. He and Vanessa talked on the phone a dozen times
a day. On Valentine's Day, he made steak and shrimp fried rice and laid
roses on their bed. He cooked her breakfast and packed her lunch -- a
ham-and-cheese sandwich, a granola bar, a peach. He mopped and vacuumed,
washed clothes and painted the laundry room.
In his last years in prison, they had almost
broken up when he told her he wanted children. She was in her late 40s and
had already raised a son. "I'm not stopping you," she told him then. "But,
if you want to do it, then go do it. I can't be a part." When she stopped
answering his calls, he repented. "I want to do the right thing," he said.
"I want to make her happy."
Now she called him "my blessing," "my heart."
He said she was his perfect soul mate. They went to a jewelry store to
look at rings and cuddled in the kitchen, sipping Sutter Home rosé while
their dinner warmed in the oven. "He is not the average guy, 'cause the
average guy's not cooking all that for you," she said.
Mike ordered business cards and printed his
résumé, which listed his associate's degree, training and nutrition
certificates, as well as his work experience in prison. He applied for
jobs at several big health clubs, handing over copies of his commutation
bearing the president's signature. When one of the gyms turned Mike down,
a supervisor who believed in second chances put in a good word for him.
Two weeks later, Mike got the job.
He wanted to work seven days a week. "I have
the energy and the motivation for it right now," he said, "and I need the
money."
He said nothing to his co-workers and clients
about his past, but one day, during a training session, a client asked if
he had been in prison. "I knew it, I knew it," she said when he told her.
She was a corrections officer. Mike's biceps, swelled from years lifting
weights in a prison gym, had given him away.
ON THAT DAMP, GRAY TUESDAY IN FEBRUARY, Mike
stood amid the marble columns of the Capitol Rotunda and dialed Vanessa's
number on his cellphone. He had spent the morning meeting with a
congressman and walking beneath crystal chandeliers and elaborate
archways, past a portrait of Joseph Hayne Rainey, the first African
American elected to the House of Representatives. Mike had grown up a few
miles from the Capitol, but he had never been there. Now he told Vanessa
how beautiful it was.
Shortly after Mike left the halfway house, an
advocate from Families Against Mandatory Minimums, a group that lobbies
for fair and proportionate sentencing, asked for his help. Members of
Congress had proposed a handful of bills to reduce or remove the
sentencing disparity between crack and powder cocaine, and FAMM wanted
Mike to tell his story on the Hill.
He was working long days at the health club,
and he couldn't afford a suit to wear to the hearing, but felt he owed it
to the men he had left behind in prison. By now, even some legislators who
had voted for the 1986 mandatory minimum laws expressed regret. One former
supporter, Sen. Joseph Biden, a Democrat from Delaware, had recently told
the Senate Judiciary Committee that the sentencing disparity could not be
justified: "Our intentions were good, but much of our information turns
out not to be as good as our intentions."
It is true, medical experts say, that crack is
more addictive than powder cocaine; smoking and injecting offer quicker
routes to the bloodstream than snorting, and the faster, more intense
highs lead to an increased rate of addiction. But statistics have not
borne out fears of widespread violence associated with crack. In 2005,
only 6 percent of powder cocaine offenses and 10 percent of crack offenses
involved violence or a threat of violence, according to the Sentencing
Commission. The predicted "crack babies" did not materialize, either.
Although some early studies of individual children suggested that crack
had devastating effects on fetuses, long-term case studies showed that
alcohol is more dangerous to a fetus than any form of cocaine, including
crack, and has affected a far greater number of children, said Harolyn
Belcher, a neuro-developmental pediatrician and director of research at
the Kennedy Krieger Institute's Family Center in Baltimore.
"This was one of the few times when [Congress]
really rushed to complete and formulate the sentencing before the science
was really there," Belcher said.
Over the years, some lawmakers had tried to
lessen crack penalties, but the political moment had never been right.
Then, last fall, the wind seemed to be shifting. The Sentencing
Commission, which had long criticized the disparity, proposed the
guideline changes that made thousands of crack offenders eligible for
reduced sentences. Two Supreme Court rulings allowed federal judges a
measure of freedom in drug sentencing, permitting them to exercise greater
leniency if they felt the circumstances demanded it. And amid it all, Bush
commuted Mike's sentence.
After the morning practice session and lunch in
a congressional cafeteria, Mike entered the hearing room, calming his
nerves and distracting himself from what was coming by replaying in his
head a basketball game he had seen recently on TV. The cameras from C-SPAN
swiveled toward him and the other witnesses seated at a long table planted
with microphones. Mike was the only one without a law degree.
Rep. Bobby Scott, a Virginia Democrat who
chairs the House Judiciary subcommittee on crime, terrorism and homeland
security, banged the gavel. He had proposed a bill to close the disparity,
and he urged members of Congress to help end "two decades of legal
discrimination."
"There is certainly no sound basis for a
five-year mandatory minimum sentence for the mere possession of five grams
of crack, when you could get probation for possessing a ton of powder,"
Scott said.
Judge Ricardo Hinojosa, chair of the Sentencing
Commission, ran down the statistics. In 2007, he said, crack sentences
were about 50 percent longer than powder sentences. "The commission
believes there is no justification for the current statutory penalty
scheme for powder and crack cocaine offenses," he said.
In the weeks before the hearing, Attorney
General Michael Mukasey had spoken forcefully against the Sentencing
Commission's decision to make the guideline changes retroactive, saying
that "nearly 1,600 convicted crack dealers, many of them violent gang
members, will be eligible for immediate release into communities
nationwide." Gretchen Shappert, U.S. attorney for the Western District of
North Carolina, had come to present the Justice Department's
position.
She said that her career had been "defined by
the ravages of crack cocaine." She spoke about open-air drug markets,
people sleeping in bathtubs to avoid stray bullets, dealers recruiting
kids to sell drugs. "We continue to believe that a variety of factors
fully justify higher penalties for crack offenses," Shappert said. "It has
been said, and certainly it has been my experience, that whereas powder
cocaine destroys an individual, crack cocaine destroys a
community."
Mike listened, the muscles in his forehead
tightening. He sipped his water. When it was his turn to speak, his voice
was low and scratchy. "To be clear, I know that what I did was wrong," he
read from his prepared testimony. "I sold illegal drugs, and I deserved to
be punished. But what I did and who I was did not justify the sentence I
received . . .
"I have heard some of the comments some people
in positions of power have made about crack cocaine prisoners -- that we
are violent gang members and that this is why our sentences have to be so
much longer. I am not that person, and most of the people that I leave
behind in prison aren't, either."
When the testimony was over, Scott asked
whether it was true that many offenders eligible for reduced sentences
were already nearing the end of their prison terms.
"Many of them, that would be the case. Mr.
Short's situation is not unique," said Reggie B. Walton, a federal judge
in Washington who was seated a few chairs down from Mike. "And I think
it's just a waste of the taxpayers' money to keep somebody like Mr. Short
locked up for as long as he was locked up. I'll be the first to tell him
that he should have been punished. But to keep somebody locked up for as
long as we kept him locked up, who could have come back into the community
and been a positive contributor to society, I think is a loss to the
community where he comes from."
People in the audience began to clap, and then,
like a dam breaking, Mike hunched his shoulders and burst into
tears.
MIKE STOOD BEHIND THE COUNTER at the health
club in Greenbelt. It was a March Saturday, one of the busiest days of the
week, and he was the only one there. This was his chance to score new
clients and build experience, and he had been looking forward to
it.
A woman approached him. She told him she wanted
a personal trainer, but only if he could promise her that she would lose
20 pounds by May. In prison, Mike had become something of a moral
hardliner. He knew some trainers who would have taken her money and told
her what she wanted to hear, but he wasn't one of them. "First and
foremost, I'm not going to promise you nothing," he says he told her. It
would depend on how disciplined she was during her workouts, he explained,
and what she ate when she wasn't at the gym.
"Well, how much is it per hour?"
The sessions were priced in packages, not by
the hour. He looked for a calculator.
"You ought to know that!"
"Miss, I don't work in sales. I'm a personal
trainer."
"Well, I want to talk to somebody else."
"You are free to talk to whoever you want to
talk to."
She turned and stormed out, Mike said.
When he walked out to the parking lot at the
end of his shift, Mike thought, I don't need any more days like this. But
the truth was, apart from computer glitches and the occasional cranky
client, Mike loved being a personal trainer. The main problem was money.
He had hoped to make from $12,000 to $18,000 in his first six months of
freedom, and he was nowhere close. He was paid $15 for each hour-long
training session, but the club took nearly three times that much. "It's
robbery," he said. "You getting paid peanuts for doing all the
work."
His first paycheck had been for $17, but
recently his biweekly pay had risen to $266. He quickly spent it on gas,
an oil change, fixing a punctured tire and paying his and Vanessa's
cellphone bills. He had planned to take over their shared bills one by
one, paying them in ascending order until they were sharing costs equally.
But on this day he had $15 in his bank account.
His framed training certificates still hung on
the wall in the downstairs rec room, but he felt his dream slipping away.
Vanessa paid every time they went out. He tried to make up for it by
cooking and cleaning, but he had his pride. "It's got to be something
better than this," he said.
One morning in March, he didn't get up to make
Vanessa breakfast or pack her lunch. "I'm tired," he told her. He rolled
over and slept until after she had left for work. A little later,
frustrated and near tears, he sat at the computer, searching the Internet
for openings at Safeway, Giant, FedEx and the post office. "I just got to
be patient," he told himself, his voice breaking.
That afternoon, he was washing dishes in the
kitchen when Vanessa called to say that she would be home soon, and she
was starving. She asked him to put some salmon in the oven, and maybe make
some rice.
"What kind of rice you want me to make,
Vanessa?" he asked.
"Baby, when you talk like that, I know you
don't want to do it."
Mike laughed. "You trying to read me through
the phone now?" He took the fish out of the refrigerator.
"Get to cooking, man. I'm hungry."
"Relax already. I got you."
A few minutes later, she called back. "Do you
miss me?"
"Only on Thursdays and Saturdays. I don't miss
you today."
"All right, don't forget you have to heat the
oven up first and then let that fresh salmon cook for 30 minutes."
Mike had already put the fish into the oven.
"Are you going to let a true player do this, or what? Please!"
He had learned to cook and clean from his
mother. She assigned him and his siblings chores, but because Mike was an
early riser, he often ended up doing his brother and sister's chores as
well, he said. In Vanessa's house, he would turn on the music and lose
himself in the repetitive strokes of a mop on a tile floor. Cooking also
relaxed him.
He had been playful on the phone, but after he
hung up, his mood darkened. He took down a box of cornbread mix and
buttered a pan. He wore long nylon shorts, a sleeveless T-shirt and black
slippers. He seemed too big for the room, with its cloth lilies in a pot
by the sink.
"I don't normally curse," he said. "I know I
[expletive] up. I should have never went to prison . . . I know that this
is not where I should be at this point in my life, 36 years old,
struggling. I shouldn't."
He was making his mother's macaroni and cheese.
He poured the pasta into a buttered pan, shook on black pepper, laid on
slices of cheese and poured milk and eggs over the top.
Outside, the neutral-colored houses with their
slate blue and burgundy shutters stood quiet in the middle of the day,
their numbered parking spaces empty. He and Vanessa were going out that
night, and he hadn't found another job. "Before I know it, I'll have to go
back to work tomorrow." He sighed. "I didn't even really do
nothing."
MIKE'S CONCERNS ABOUT MONEY SEEMED BLISSFULLY
REMOTE as he climbed a flight of stairs at the Verizon Center one Saturday
in March and settled into the second-to-last row to watch Duke play West
Virginia in the NCAA basketball tournament. He had dreamed of going to an
NCAA game since he was a kid, and now his friend and codefendant Derrick
Curry, who also had been freed by presidential decree, sat beside
him.
Derrick wore a gray sweat suit and ate fried
chicken off a cardboard tray, and Mike leaned forward expectantly as they
waited for the game to begin.
Mike had been a Duke fan since he was 13. He
despised West Virginia. He had spent the last year of his prison sentence
in the state, which had no professional team, and corrections officers
cheered raucously for their college players.
"I hope we beat them by 50," he said.
West Virginia dominated from the start. A Duke
player sped down the court heading for the hoop and missed.
"He can't shoot," Derrick said.
"He can't shoot," Mike agreed. "A wide-open
shot there! No guard. He's supposed to make that."
Mike leaned forward, hands crossed at the
wrists, palms on his knees. As people shuffled past with trays of pretzels
and kettle corn, West Virginia scored again. Mike shook his head. A Duke
player dribbled the length of the court, rose to the basket and fumbled
the shot. "Please, man!" Mike yelled. "I don't understand! That's unreal,
man!"
The game went on, but Mike furrowed his brow.
If anyone understood the consequences of a missed opportunity, it was him.
As he and Derrick sat in the Verizon Center, Congress was considering
seven bills that would reduce or remove the sentencing disparity between
crack and powder cocaine, but other issues took priority: the teetering
economy, the presidential race, Gen. David Petraeus talking about the
effects of the troop surge in Iraq. It was, and still is, hard to know
when or whether anything would change.
When the clock ran out, West Virginia had upset
Duke, 73-67, in the day's first game. Mike had been paid on Friday, but he
rolled his eyes as he handed over $5 for an ice cream. On the way back to
his seat, an usher eyed his cone. "It's good," he told her, "but it cost
too much." As Purdue and Xavier chased each other in the second game, Mike
and Derrick sat as silent as boys absorbed in their ice cream, biting into
the cones wrapped in paper sleeves decorated with stars and
stripes.
THE SKY WAS STILL DARK WHEN MIKE LOCKED THE
DOOR of Vanessa's house behind him. He wore black pants and a long-sleeved
white shirt and lugged a large gym bag and a gallon jug of water. In the
burgundy Nissan that Vanessa had lent him, he navigated the streets at a
crawl, flashing his turn signals even though the neighborhood was
deserted. The prospect of a routine traffic stop filled him with dread.
Given his record, he worried that even a minor violation might end with
him face down on the asphalt surrounded by dogs.
It was just after 4 a.m., and a thin crescent
moon hung overhead. Mike liked this time of day, before the sun rose and
rush-hour traffic clogged the highways. The soul classic "Natural High"
played on the radio, and he leaned back in his seat and stared out at the
dark road.
He was on his way to a new job that promised
everything he'd hoped for when he left prison. A week earlier, he had quit
his job at the health club. His new employer, Getem Tight Fitness, rented
a mirrored ground-floor studio in an expansive home in a Prince George's
County subdivision of mansions and landscaped lawns.
Mike was making $25 an hour to train a small
but dedicated clientele, almost twice the rate of his previous job. For
once, his past had not hurt him. The gym's manager, Richard Gartmon, had
spent 10 years in prison on federal money laundering and fraud charges. He
and Mike had met years earlier in prison, and Mike got the job right
away.
The streets were silent as he pulled into an
empty cul-de-sac and switched off the engine. A few minutes later, another
trainer parked beside him. Mike lifted his bag and water jug from the
trunk and followed her down a brick walkway behind a nearby house.
Inside, he greeted his first clients, a handful
of smiling, middle-aged women in black workout suits. Red and green mats
went down on the wood floors, and the iPod speakers blared Gwen Stefani.
Mike changed into a shiny new Adidas shirt and pants that Richard had
given him and stood at the front of the room to lead the day's first
exercise class.
"Feet together, hands together, rotate to the
right first," he called, spinning his torso. He didn't smile, but the
furrows in his brow faded, and his face shone. He led the class through
leg raises -- "Do not let the feet hit the ground!" -- and minute-long
side-plank exercises that left several women sweating and groaning. One
collapsed on her mat.
"Stomach on fire?" Mike asked.
"Yes!" a woman called out.
"That's what I like."
A man named Ray Smith stepped uncertainly into
the gym, guided by his wife. A church deacon and an operations manager for
a law firm, he had recently lost his eyesight to diabetes. Mike turned the
class over to another instructor and, with an arm around Ray's waist,
gently escorted him to a weight room in back.
"We did 10 pounds last time, right?" he asked.
Ray nodded. Mike carefully placed the weights in the older man's hands and
counted under his breath. "Good, good," Mike told him. "Fantastic."
His next client was a man with a shaved head
and a peace sign tattooed on one muscled arm. Mike strapped on
weightlifting gloves and worked out alongside him. A 38-year-old owner of
a legal services company, Darnell Self sweated at the pull-up bar. "Keep
pushing!" Mike told him. "Two more. Good money, man, good money!"
They did one-arm rolls, Darnell lifting 50
pounds, Mike 65. The room grew hot, the mirror fogged. Mike loaded weights
onto barbells. Darnell looked doubtful. "That 90's not for me," he said.
"I mean, one day I think I'll be there . . ."
"My bad," Mike told him, switching the weights.
"I normally work out with 120."
Darnell picked up the barbells, grimacing. "Do
it till it burns," Mike told him.
"It's already burning."
"That's how you do it. You're going to have
forearms like Popeye."
Darnell groaned and dropped the weights. He
stood panting.
"Last set," Mike told him.
Finally, Darnell laid the weights down. He
tried to clasp Mike's hand, but he was too weak. "I was like a girl, man,"
he said, laughing. "I couldn't even really give you five."
Outside, the sun had risen. Mike stepped onto
the brick walkway. Years ago, before the big houses came up, he and his
brother used to drive out here with a carload of friends after the movies.
It was all woods then, and they went joyriding and chased one another
through the trees screaming about Jason, the hockey-masked killer from
"Friday the 13th."
Now he stood still, gazing into the trees.
There was no escaping the past, nor any way to separate the crooked
pathways of his own personal history from whatever lay ahead. It was 7:36
a.m. The next wave of clients would be there soon. Mike turned and walked
back into the gym.
Vanessa M. Gezari is a writer who lives in
Washington. She will be fielding questions and comments about this article
Monday at noon.
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