THE UNTOLD STORY OF MICHAEL CLIFTON AND RENE LIMA- MARIN      

My name is Michael Clifton, I am a 38-year-old African-American male that has been incarcerated for the last 19 years & counting. I am currently serving what is widely agreed to be an excessive 98-year sentence for crimes where no one was killed or even physically harmed.  

In September of 1998, Rene & I were arrested & subsequently convicted of 3 counts of Aggravated Robberies, 3 counts of kidnapping, 2 counts of burglary & 1 count of crime of violence. All of these charges came from 2 video store robberies that occurred 12 hours apart. Although this was Rene & I first adult offense we were prosecuted under the C.O.P. (CHRONIC OFFENDERS PROGRAM). A program that was supposed to be set up to deal with HABITUAL OFFENDERS.  The only plea bargain that was offered to Rene & I was 75 years. At some point the District Attorneys of Arapahoe County deemed Rene & I to be incapable of change, unfit for society & that our lives didn’t matter. At sentencing the Honorable Judge Leopold expressed his displeasure with the prosecution’s charging decisions, which took away his discretion & required him to sentence Rene & I to prison between 98 - 304 years. The judge spoke as follows: “I am not comfortable, frankly with the way the case is charged, but that is a district attorney executive branch decision that I find that I have no control over”. It is theCRIME OF VIOLENCE law, that tied the judge’s hand because of MANDATORY MINIMUM SENTENCING.

After receiving 98 years sentences, there was a pivotal moment which undoubtedly sent Rene and I down different paths. There was a 2nd case of Aggravated Robberies, kidnapping, and burglary that was filed against Rene and I.  Although these charges were dismissed against me, after determining that I couldn’t have committed these crimes because I was working during the times. Rene took a plea-deal of 5 years that was “supposed” to run concurrent with the 98-year sentence.

After arriving at D.R.D.C., visiting with our case manager and receiving our mittimus, it was at this time I became aware of the error in Rene’s sentence. This clerical error on Rene’s mittimus ran all counts concurrent giving Rene a sentence of 16 years total. With Rene’s 16 years and my 98 years we were sent to different prisons. This decision had nothing to do with behavior and everything to do with the length of our sentences. Rene went to a medium private prison and I, a maximum close prison. While Rene exceled with programs and opportunities provided, I struggled with the harsh environment, (of fights, gangs, rapes, and murder), a sense of hopelessness, and what amounted to a death sentence. Over the years we maintained our communication, until 2008, when Rene paroled.

Fast forward 6 years as my plea to news outlets, attorneys, & other organizations went unanswered and Rene successfully completed parole & was moving on with his life. Until one day the mistake was discovered & Rene was rearrested. I felt this was the moment which seemed to be an over reach of power in this case, compared to others, would be exposed.  And although we went on our different journeys, relief was on our door step.  But I was wrong on how things would play out, with the combination of Rene’s heartfelt redemption story and the possibility of serving out 88 more years on his 98-year sentence, the story caught fire and journalist started to reach out.  After 2 interviews, I realized with the help of inaccuracies and unfair comparisons this wasn’t OUR STORY of 2 misguided young men who had made serious mistakes, who had been prosecuted to the fullest extent of the law & were given 98-year sentences. (98-year sentences that were not about rehabilitation.)  This was simply his story, mainly focused on his path to redemption.  

There was misguided ill feelings toward me because Rene falsely believed I had something to do with his rearrest.  Journalist and the media unknowingly reported an inaccurate part of the story, that was momentarily held as true.  That Rene & I had both come to prison with 16-year sentences and that mine’s was corrected on appeal.  This gave the impression that we were both under the same circumstances & while Rene chose a path of righteousness, I chose a path of destruction.  This happened because for 19-years prosecutors and attorney generals told this narrative, while neglecting to take 2 minutes to check my actual mittimus.  Eventually, the truth came to light in the 164-page opinion given by the Honorable Judge Carlos A. Samour Jr, who vacated Rene’s 98-year sentence.  

Some don’t understand my frustration with these inaccuracies and unfair comparisons.  

Well 1st – HOW DID I BECOME THE OPPOSITION TORENE’S JUSTICE?  We both made ill-fated decisions & committed those crimes some 19-year ago & received sentences of a fundamentally flawed judicial system.  And while my circumstances are the product of the prosecutor’s intent of 98-year sentence, a clerical error allowed Rene to evade the prosecutor’s intent.  

2nd- How do you fairly compare our paths when we were never under the same circumstances?  As the news and public held on to the possible outcome, a series of roller coaster events took place.  Because of the clerical error giving Rene 16-years, the neglect of the state officials to discover it, Rene’s 6-year release and Rene’s legal dream team, under favorable legal merit Judge Samour vacated Rene’s 98-year sentence.  As Rene’s family prepared for his homecoming, the powers that be and ICE plotted his arrest and deportation.  Rene was released to the department of corrections, only to be detained by ICE. But Colorado’s House & Senate had already started to push through the bill requesting for Rene’s pardon. After being detained by ICE and under the threat of deportation, Gov. John Hickenlooper pardoned Rene.  At the Gov’s pardon press conference he was asked “Will you consider pardoning Rene’s co-defendant”, the Gov. simply stated, “No, he hasn’t demonstrated rehabilitative behavior”.  

Somehow the Gov, 2 judges who over-saw and reviewed this case, Rene’s attorney(s) and most of Colorado acknowledge the injustice in “OUR” excessive sentence, yet those with the power find any relief from my sentence to be unwarranted.  I am not someone who is without reason or someone who is unable to think rationally. This is why I am not asking for a pardon but now that the public is aware of my situation, now that most have acknowledged that the sentence is excessive.  When you put it into context, it was the clerical error that gave Rene the opportunity at his path to redemption.  And when you take into account Judge Samour ruled 2 points:

1. Rene “has already served the equivalent of a 32-year prison sentence”.  (13 total in the department of corrections and 6 years as a free man.)  I am on my 19th consecutive year and counting.
2. “In the court’s experience, a 32-year prison sentence falls comfortably within the range of sentences – and likely the high end of the range – imposed for the type of conduct involved here when committed by a very young defendant appearing for his first adult felony conviction”.
Is it unreasonable for me to ask for a path to freedom?  I too desire to fulfill my God-given destiny. Now I am left fighting the notion that if only I had had a little more impressive prison record, freedom would already be mine.  Am I the only one who sees my grievance with this sentence?   Some who acknowledge my sentence is excessive find moral comfort in justifying my circumstances because of my “troubled” prison record.  And while the prison record is a distraction from the real issue, I will briefly address my reality.  At the young age of 20-years old, I was given a 98-year sentence. I was 5’4”, 130 pounds and was sentenced to one of the toughest and deadliest prisons in Colorado.  To the sharks and predators, I was considered “fresh meat”.  This is the environment I had to grow up in.  While I accept responsibility for all my actions, I had to find my way through this wilderness and each & every day I strive to be a better person.  

I know not all will like my truth. Some will try to fit me in this box, they will say I am this imminent threat to society. Why is it so hard for them to see if you remove the 98-years, you remove the so-called threat?  My truth is that I am the face of Mass Incarceration.

 

~Michael Clifton