Twenty-five years ago I was sentenced to Life in prison, without the possibility of parole. This came after being found guilty of murder under the accomplice liability statute. To those unfamiliar with the law, this means I was held equally responsible for the actions of the person who actually killed the victim.
I should have never been eligible for such a sentence according to Indiana's Criminal Code. Which states that the only criminal defendants charged as the principal can be sentenced to capital punishment (i.e a death sentence or Life w/o Parole). It was clear from the beginning who was responsible for the victims death, he admitted to it shortly after his arrest.
This sentence was made possible by a vindictive prosecutor who promised to make me suffer after I refused to go along with the narrative he was trying to create. He also used my highly publicized case for his own personal reasons. He was in a contested race to hold onto his seat as prosecutor. He charged me as though I killed the victim personally knowing this was a blatant distortion of the truth. This was necessary to build his case and get the revenge he promised me.
Convincing a jury that two people could kill one person with one bullet is where the manipulation came into play. Being charged as the principal, the jury should have gotten instructions on intentional murder. Instead the jury received instructions for accomplice liability which were confusing in scope. The Indiana Supreme Court agreed and suggested the instruction no longer be used. I was denied relief on that issue because my attorney did not object in a timely manner. I was subsequently found guilty of murder without a clear understanding of whether it was as an accomplice or as the principal. Being clear on this finding plays a role in the judge determining whether I am eligible for a life sentence or a term in years.
In 2004, the United States Supreme Court ruled that my sentence was unconstitutional. Their position was that only a jury could recommend a capital sentence, this would only be possible if the jury showed that the required aggregators were proved beyond a reasonable doubt. These requirements were never met in my case. Not only did my sentence come by the way of manipulation it was now unconstitutional by law. Unfortunately, I am not protected by this change in law because it does not apply to cases retroactively. However, trial judges have the discretion to go back and correct those sentences affected by the higher courts ruling.
Over the past 10 years or so, trial judges in Indiana have made those adjustments. They were not obligated to do so and their reasons may vary. From a moral standpoint, it was the correct thing to do. Currently, I am the only person in Indiana sentenced to life without parole under the accomplice liability statute. I am also the only one left serving such a sentence, whose jury did not correct what is now an unconstitutional sentence.
I was 19 years old at the time this terrible crime took place and it is not lost on me that a young man lost his life. I am now 44 years old and feel that I have been punished enough. If judged based on the prosecutors version of my involvement I have done more time than those who have actually killed another person. Proceeding this incident I had never had a violent crime against another person. I did have several run-ins with the legal system. The most serious being while intoxicated I broke into a pet store and stole a snake. I also had a couple of driving infractions. Nothing in my past or present would suggest that I am a violent person or that I am capable of this crime I have been accused and sentenced for.
While being incarcerated these past twenty-five years I have completed a number of programs. I have been a mentor to young men entering into the prison system, I was part of the suicide watch program for over five years. I was also part of the compassionate companions where we assisted the administration in taking care of offenders with terminal illnesses. I have earned my college degree from Indiana State University, I have completed a two year purposeful living program that covered everything from substance abuse to raising children. I am currently the facilitator for the offenders working on getting their department of labor certification.
Twenty-five years is a long time to be incarcerated. A lot of growth as well as perspective can be attained in that time. It is my hope to someday have an opportunity to prove positive change IS possible from within a place like this. If rehabilitation is society's goal when placing people in prison, that goal has been achieved in my case. If punishment is what society is after, what is worse than being confined to a small cell for 25 years to THINK about your mistakes? For those after punishment, if you are not satisfied by now, another year or one hundred more will not sate you, there is nothing more that can be gained by my being incarcerated.
My judge has the power to give me a second chance at life, an opportunity to prove I can be a valuable member of society. Her hesitation to entertain such a request is puzzling and possibly motivated by something other than a duty to uphold the law, fairly.
Respectfully Submitted
@fit2BfreeD
![20190524_231055[1].jpg](https://images.hive.blog/768x0/https://cdn.steemitimages.com/DQmNTXszYrwv748BrqLAq6dvbAhDee2aascyy8ibuZFMeiL/20190524_231055[1].jpg)
Hi and welcome here! When I started on steemit, my biggest problem was to find interesting people to interact with. So, to help newcomers getting started I created a directory with other interesting and or talented steemians to follow or interact with. Feel free to check it out at https://www.steemiandir.com I am sure it will help you find like-minded people. Enjoy your stay here and do not hesitate to contact me if you have any questions!
Thank you @anonyvoter, this information is very helpful. We appreciate that!
Welcome to steemit @fit2bfreed.
Welcome the new steemians. Have a great day!
Welcome. You joined shortly after I did. Your story is quite interesting, and tragic. I'm glad to see that they allow you to go online. It gives you an opportunity to interact with the world at large to at least some extent.
I'm going to follow you as your situation does interest me. Our justice system is far from perfect and overly ambitious prosecutors should be something that concerns us all.
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Thank you @carl-lafong. Unfortunately, the incarcerated are unable to post online. The @fit2bfreed initiative is a group effort. In time, we would like to be able to post stories from men and women who are incarcerated who have been rehabilitated. There will be poems and artwork as time progresses. We appreciate the follow and hope we can help enlighten the community. You are right as far as the justice system being far from perfect, hopefully we can bring in change one story at a time. Thank you again for the follow! Enjoy your weekend!
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Thank you so much for your interest!
Welcome to Steemit fit2bfreed. The official FAQ can be found here and has A LOT of information https://steemit.com/faq.html - Also remember, Steemit is just ONE of the sites built that uses Steem the blockchain. You should also check out DTube and DSound for starters and if you're a gamer, Steem Monsters! There are many other cool apps but I can't list them all here, there's just too many! But I'd also like to mention Steempeak, it's a better blogging platform that has a lot of cool features. Welcome to the blockchain! :) Oh, and if you're interested in creating your own tokens or smart contracts, check Steem engine!
Hey fit2bfreed! If you would like to make your personal feed contain the top trending media and talking points of the whole internet, consider following @coffeebreak and @topicstoday accounts - And welcome to Steem!
Welcome to Steemit fit2bfreed. The official FAQ can be found here and has A LOT of information https://steemit.com/faq.html - Also remember, Steemit is just ONE of the sites built that uses Steem the blockchain. You should also check out DTube and DSound for starters and if you're a gamer, Steem Monsters! There are many other cool apps but I can't list them all here, there's just too many! But I'd also like to mention Steempeak, it's a better blogging platform that has a lot of cool features. Welcome to the blockchain! :) Oh, and if you're interested in creating your own tokens or smart contracts, check Steem engine!
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Hello @fit2bfreed
Welcome to Steemit & Wish you luck - success with Steemit!
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Congratulations @fit2bfreed!
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