Crack the Disparity Logo

CRACK THE DISPARITY NEWSLETTER

Volume 1, No. 2
Fall 2008
In This Issue
Join Lobby Day this Spring
Home for the Holidays
Commute Crack Cocaine Sentences in Time for the Holidays
Teen Profiles Crack Cocaine Reformer
Petition President Bush
Save the Date
Media Momentum
Feature Story:

Presidential Commutation Recipient
is Now an Activist


By Zerline Jennings

DorothyGaines

Former nurse Dorothy Gaines lived a simple life in Mobile, Alabama. She was a devoted mother who never separated from her children. She was a self-proclaimed PTA mom and always brought snacks to the football field where her son played on the team, and her daughter was a cheerleader.
 
In August 1993, her life changed as Alabama state police raided her home for drugs. Police found no evidence of Gaines having possessed or sold drugs, and Gaines states she was not aware that her then boyfriend was a low-level drug dealer. Though the state dropped all charges, federal prosecutors charged Gaines with drug conspiracy eight months later – charges that to this day, she disputes. She refused to plead guilty or provide testimony against defendants and was sentenced to serve 19 years and 7 months.
 
“My son jumped in the judge’s lap at sentencing and asked not to take away his mother,” Gaines recalled.
 
Leaving her children, Natasha, 19, Chara, 11, and Philip, 9, parentless, Gaines was accompanied by Marshals to federal prison – her first time on an airplane.
 
“I was always a mother that never, ever went anywhere without my children. I missed taking my children to the park, going to their school,” said Gaines. “While I was in prison, they wrote me and told me those were the days that they missed, too. Phillip and Chara’s father died when they were two and three. That’s why my children were so distraught: because all that was taken away.”
 
While Gaines served year after year in prison away from her children, attempts made by her family, friends and advocates to fight on her behalf resulted in national attention to the crack cocaine disparity and sentencing inequalities. Finally, in December 2000, Gaines received a commutation from President Bill Clinton.

Even though she was released, she hasn’t forgotten about the many other women who she spent six years with while incarcerated, she said. “Since I’ve been out, I’ve been fighting everyday of my life. There are other people, other Dorothy Gaineses that are on the inside.”
 
In 2000, 2001 and most recently in February, with the Crack the Disparity Coalition in Washington, D.C., she’s participated in lobby day events where she’s shared her and others’ stories on the unfair sentencing guidelines imposed by Congress.

Click here to read more.





Crack the Disparity Logo
Secure Fairness in Crack Cocaine Sentencing -- Join Lobby Day this Spring
 Plans are underway for the second national lobby day for crack cocaine sentencing reform in Washington, DC, hosted by the Crack the Disparity Coalition. An exact date has not yet been set but we invite advocates from around the country to attend the Capitol Hill event this spring.  As a participant, you will speak with Members of Congress and their staff about the unjust sentencing disparity between crack and powder cocaine and the need to eliminate it.  Training and materials will be provided to you.  Look for more details in the December issue of the Crack the Disparity Newsletter.
Home for the Holidays
By Karen Garrison

KarenGarrisonKaren Garrison is the mother of twin sons sentenced to nearly two decades for a first-time nonviolent crack cocaine offense.  Her son Lawrence will soon be released due to the U.S. Sentencing Commission's recent changes to the sentencing guidelines for crack cocaine offenses.

 
The dream will be a reality for one of my sons who will be home this December. It has been 10 years and Lawrence and Lamont's room has hardly been touched. I covered the beds with heavy plastic. Long ago I gave away their clothes and shoes to shelters and halfway houses, not only because of their weight loss, but clothing goes out of style in a period of ten years. I must now begin to prepare a place for one of my twins, never forgetting that one will remain behind unjust bars. I am buying sheets, towels, and gathering healthy recipes he will enjoy preparing. I will try to purchase new furniture and have already bought the paint for his room. Coming home to those same bunk beds would just make it harder on both of us. Those are the beds he shared with his twin brother Lamont. Click here to read more.
Holidays
Commute Crack Cocaine Sentences in Time for the Holidays
By Jasmine Tyler

This month the Crack the Disparity Coalition launched the "Home for the Holidays" campaign to rally support for individuals serving excessive penalties for crack cocaine offenses who have filed commutation requests with President George W. Bush. The President expressed concern for the crack cocaine sentencing disparity in the early days of his administration. The sentencing disparity "ought to be addressed by making sure the powder-cocaine and the crack-cocaine penalties are the same," he said in 2001. "I don't believe we ought to be discriminatory." Advocates are hoping to capitalize on these sympathies to expedite applications for crack cocaine cases and increase recommendations for clemency.
 
The campaign is promoting support for clemency applicants seeking relief from the uniquely severe penalties for low-level crack cocaine offenses that subject defendants possessing as little as 5 grams of crack cocaine to a mandatory minimum sentence of five years. A powder cocaine defendant must be convicted of selling 100 times that amount to trigger the same sentence. Since Congress has yet to act to alleviate this disparity, advocates' focus this fall is to ensure that those who are seeking clemency do not go unheard. Click here to read more.
Teen Profiles Crack Cocaine Reformer: Pamela Alexander - A Profile in Courage
JudgeAlexanderBy Laura S., Cincinatti, OH
 
This article was reprinted courtesy of TeenInk.com, a nonprofit, national teen magazine, book series, and website devoted entirely to teenage writing and art. For more articles written by teens, click here.

On December 11, 2007, members of the United States Sentencing Commission voted unanimously to make a groundbreaking change in one of their policies. They decided that the disparity between sentences for crack cocaine crimes and those involving powder cocaine was exceedingly unjust and prejudiced. With crack users being predominantly black and powder cocaine users predominantly white, the Sentencing Commission judged the much harsher sentences for crack users to be racially biased at their core. The Commission therefore has allowed thousands currently imprisoned for crack cocaine violations to appeal their sentences before federal judges, in an effort to shorten these sentences where feasible. While this represents a major step toward racial equality and justice, one uncelebrated, independent woman put her career on the line for this same issue - seventeen years ago. Click here to read more.
Petition President Bush
PetitionJoin citizens concerned about the harsh mandatory minimum sentences for low-level crack cocaine offenses by telling President George Bush and Pardon Attorney Ronald Rodgers to expedite and give special consideration to commutation applicants serving excessive sentences for crack cocaine. Sign a petition by clicking here.
Save the Date
Media Attention

The Crack the Disparity Coalition includes the American Bar Association,
American Civil Liberties Union,
 Break the Chains, Drug Policy Alliance,
National Association for the Advancement of Colored People,
National Association of Criminal Defense Lawyers,
Open Society Policy Center, Restoring Dignity, Inc.,
Students for Sensible Drug Policy,
The Sentencing Project, and
United Methodist Church, General Board of Church and Society.