Bring fairness to inmates still inncarserated under the old law. Set them free!


Bring fairness to inmates still inncarserated under the old law. Set them free!
The Issue
My name is Troy Allen Short. I am a 48 year old man serving an 8 to 15 year sentence under the old (pre-SB2) law. I am writing this because there are serious problems with Senate Bill 2 (effective July 1, 1996) and the way the Ohio Parole Board currently does business concerning those of us still imprisoned under the old law. Over the past 30 months I have spoken with many people about my case, from inmates and correctional staff, to family and ordinary citizens. Not one of them could understand how it is that I am still incarcerated. This is my story.
In March of 1995, I was arrested for second degree burglary and fourth degree failure to comply with a police signal. I had been driving recklessly while intoxicated with a passanger on our way to purchase beer. An off duty police officer attempted pulling me over, but I elluded him instead. In the process however, I ended up getting a flat tire, so I pulled into a random driveway to change the tire and to possibly use a telephone. While my passanger changed the tire, I went to see if I could use a phone. Upon knocking on the door I found nobody to be home. I tried the door to find it unlocked, so I entered the home, used the phone and upon leaving, stole a diamond bracelet that was laying on a table. About a mile or so from the home a marked police cruiser pulled us over and I was arrested. I later learned that the home owner just happened to be a common pleas bailiff for the very same court I would be tried and convicted in. This fact explained why I would be sentenced to the maximum penalty of 8 to 15 years after pleading guilty.
I served nearly 6 years and was released on parole on 10/10/2000. I transferred my parole to Pittsburgh, Pennsylvania so I could live with my grandfather. In November 2001, 13 months later, I asked my Parole Agent, Laura Estermyer Graf, to contact Ohio and request a final discharge of parole. Under the old law if a parolee completed one full year of successful parole supervision the Parole Board would discharge the parolee without having to complete whatever balance might remain. In December 2001, I was contacted by phone by a representative of the Ohio Interstate Compact Office. I was asked a host of questions and then congratulated after being told I was being put in for final discharge of sentence. My family and I were led to believe then, that I was comletely done with Ohio. I hadn't known then however, that I would need a piece of paper years later proving I had completed my parole.
On 12/15/2005, 4 years later, I was arrested in Colorado. An Ohio parole detainer was lodged against me, and though I had ended up serving nearly 8 years in Colorado, the Ohio Parole Board chose to extradite me by aircraft back to Ohio to serve yet more time (I would never have returned to Ohio otherwise). While incarcerated in the State of Colorado, I had successfully completed numerous self-help programs; I had also completed two community college courses, as well as 6 years in seminary school. In addition to all of this, I had saved the lives of two drug enforcement agents in Fremont County, Colorado, after becoming privy to a plot of murdering them.
I reentered the Ohio prison system on 3/28/2013 and was immediately told that I would have a parole revocation hearing. I had requested the appointment of legal representation to ensure that all the facts were adequately addressed, and that my rights were protected. However, this request was denied in writing by the Parole Board; my rights were clearly not protected, and all the facts were not addressed. The revocation hearing ended up being a shamble; just some formality to enable the Parole Board to successfully hide its mistakes by sweeping those facts under a rug. Why else would I have been denied my garuanteed 6th amendment right to legal representation when my liberty was at stake?
Over the past 30 months, I have done everything asked of me. I've completed several additional programs. I have not received a single misconduct report. I have even completed a reentegration program, and 149 hours of community service. And yet, when I was interviewed for parole on 3/26/2015, I was denied parole and ordered to serve the remainder of my sentence. It is common knowlege that the current Parole Board does not bother with paroling anyone under the old law with less than 5 years remaining on their sentence; only lifers get paroled. The Parole Board acknowleged all of my achievements, and thanked me for saving the lives of the two drug enforcement agents, and yet denied me a parole. It is as though I am being penalized for doing good; for doing the right thing. How else might one see it?
In the August issue of The Sizzler news letter the following article can be found:
"James Kronenberger and Amy Wickes of In The Name of Justice met in July with Andre Imbrogno, acting head of the Parole Board. Imbrogno suggested more Old Law inmates could be paroled but for a lack of housing. That many elderly inmates have no families left, and there are simply not enough halfway house beds...Imbrogno went on to say that budget cuts have reduced opening of new halfway houses and personnel who would normally help inmates find placement after release. He asked Wickes snd Kronenberger for help from their organization to locate housing..."
This is merely the typicle mumbo-jumbo given by this Parole Board. First, why would old law inmates be treated any differently than those under the new law? Second, why does one class of inmates get priority for housing? Third, I do have housing; somewhere I can be released to. And I'm not even a violent inmate like those referred to by Mr. Imbrogno.
The Parole Board also likes to point out that most of those still serving time under the old law are serving life sentences for violent crimes, and if resentenced today under the new law, and for the same offense, they would still be serving the same sentence. The Parole Board neglects to acknowlege however, that not all of us still in prison under the old law are violent offenders that would be serving the same amount of time if resentenced today. For example, I am currently in prison for burglary, R.C. 2911.12 (A)(1). If I were resentenced today for this same offense I could not serve more than 8 years in prison. I have more than that in prison now. How is this "Truth in Sentencing?" How is it not unconstitutional?
In 1995, when Senate Bill 2 was introduced to be signed into law, it was meant to be made retroactive, affecting all criminal defendants. However, because the Senate was troubled by problems the State of Florida experienced when releasing hundreds of prisoners at once under its simular bill, which was obviously retroactive, Ohio withdrew the retroactive portion of SB2 before passing it. In doing so it created two entirely different classes of inmates: those fortunate enough to fall under SB2 "Truth in Sentencing," and those of us who were not. This is in fact discrimatory and thus unconstitutional. And though it has been more than 19 years now, it still has not been corrected by any court or the House. The big question is: why?
I've submitted an affidavit to the Columbiana County Court of Common Pleas back in April 2013. The Morning Journal news paper in Lisbon acquired this affidavit and released a story on it. The Columbus Dispatch has also released several reports on the current Parole Board. However, to my knowledge, nobody has reported the whole story; how and why this problem continues without being addressed. This problem doesn't only affect those of us still serving time under the old law, and our families, but all other Ohio citizens as well. I am an unnecessary burden to the tax-payer! Who is benefitting from my incarceration at this time? I have been in prison since December 15, 2005. I am clearly not a danger to anyone! So why are tax-payers being forced to keep me? I think the answer is ridiculously simple: job security for members of the Parole Board!
Just look at the astronomical amount of money being used to simply maintain the fleat of vehicles used by the Parole Board each year. Other states have saved millions of dollars by abolishing their parole boards! They figured out that a parole board does not do a single thing in which the sentencing court cannot do. Why then are the citizens of this state being forced to waste their hard-earned money on something that doesn't work and isn't needed? And if you think for a minute that Gov. Kasich isn't behind this fiscal, you'd be mistaken. He has done questionable favors for some by making them members of his Parole Board. Just ask Shirley Smith for example.
I ask that anyone who gets this, conduct your own investigation and report your findings. Don't do it for me, I'm a nobody who has wasted my life by doing stuff I shouldn't have. Do it for all Ohioans! Do it because it is just the right thing to do! Something has to be done, and until someone with the power and backbone steps up to the plate and
introduces a new bill or otherwise addresses the underlying issues, then the litlle people will go on saying, "Oh well, it is what it is."
I am currently incarcerated at TCI camp. Should you require any further information in this matter, please feel free to contact my brother, Doug Moore at 330-233-1239, or Larry Vagner of Citizens Circle at 216-375-4100.
I hereby affirm under penalty of perjury that the information contained herein to be true and accurate, this 1st day of September, 2015.
Troy Sllen Short
#311-088 TCC
P.O. Box 640
Leavittsburg, OH
44460
PS- There are 4,421 Ohio inmates still inncarserated under the old law. Approximately 20% of those are NOT in for life sentences. 4% all Ohioans are in prison today.

Troy ShortPetition Starter
This petition had 19 supporters
The Issue
My name is Troy Allen Short. I am a 48 year old man serving an 8 to 15 year sentence under the old (pre-SB2) law. I am writing this because there are serious problems with Senate Bill 2 (effective July 1, 1996) and the way the Ohio Parole Board currently does business concerning those of us still imprisoned under the old law. Over the past 30 months I have spoken with many people about my case, from inmates and correctional staff, to family and ordinary citizens. Not one of them could understand how it is that I am still incarcerated. This is my story.
In March of 1995, I was arrested for second degree burglary and fourth degree failure to comply with a police signal. I had been driving recklessly while intoxicated with a passanger on our way to purchase beer. An off duty police officer attempted pulling me over, but I elluded him instead. In the process however, I ended up getting a flat tire, so I pulled into a random driveway to change the tire and to possibly use a telephone. While my passanger changed the tire, I went to see if I could use a phone. Upon knocking on the door I found nobody to be home. I tried the door to find it unlocked, so I entered the home, used the phone and upon leaving, stole a diamond bracelet that was laying on a table. About a mile or so from the home a marked police cruiser pulled us over and I was arrested. I later learned that the home owner just happened to be a common pleas bailiff for the very same court I would be tried and convicted in. This fact explained why I would be sentenced to the maximum penalty of 8 to 15 years after pleading guilty.
I served nearly 6 years and was released on parole on 10/10/2000. I transferred my parole to Pittsburgh, Pennsylvania so I could live with my grandfather. In November 2001, 13 months later, I asked my Parole Agent, Laura Estermyer Graf, to contact Ohio and request a final discharge of parole. Under the old law if a parolee completed one full year of successful parole supervision the Parole Board would discharge the parolee without having to complete whatever balance might remain. In December 2001, I was contacted by phone by a representative of the Ohio Interstate Compact Office. I was asked a host of questions and then congratulated after being told I was being put in for final discharge of sentence. My family and I were led to believe then, that I was comletely done with Ohio. I hadn't known then however, that I would need a piece of paper years later proving I had completed my parole.
On 12/15/2005, 4 years later, I was arrested in Colorado. An Ohio parole detainer was lodged against me, and though I had ended up serving nearly 8 years in Colorado, the Ohio Parole Board chose to extradite me by aircraft back to Ohio to serve yet more time (I would never have returned to Ohio otherwise). While incarcerated in the State of Colorado, I had successfully completed numerous self-help programs; I had also completed two community college courses, as well as 6 years in seminary school. In addition to all of this, I had saved the lives of two drug enforcement agents in Fremont County, Colorado, after becoming privy to a plot of murdering them.
I reentered the Ohio prison system on 3/28/2013 and was immediately told that I would have a parole revocation hearing. I had requested the appointment of legal representation to ensure that all the facts were adequately addressed, and that my rights were protected. However, this request was denied in writing by the Parole Board; my rights were clearly not protected, and all the facts were not addressed. The revocation hearing ended up being a shamble; just some formality to enable the Parole Board to successfully hide its mistakes by sweeping those facts under a rug. Why else would I have been denied my garuanteed 6th amendment right to legal representation when my liberty was at stake?
Over the past 30 months, I have done everything asked of me. I've completed several additional programs. I have not received a single misconduct report. I have even completed a reentegration program, and 149 hours of community service. And yet, when I was interviewed for parole on 3/26/2015, I was denied parole and ordered to serve the remainder of my sentence. It is common knowlege that the current Parole Board does not bother with paroling anyone under the old law with less than 5 years remaining on their sentence; only lifers get paroled. The Parole Board acknowleged all of my achievements, and thanked me for saving the lives of the two drug enforcement agents, and yet denied me a parole. It is as though I am being penalized for doing good; for doing the right thing. How else might one see it?
In the August issue of The Sizzler news letter the following article can be found:
"James Kronenberger and Amy Wickes of In The Name of Justice met in July with Andre Imbrogno, acting head of the Parole Board. Imbrogno suggested more Old Law inmates could be paroled but for a lack of housing. That many elderly inmates have no families left, and there are simply not enough halfway house beds...Imbrogno went on to say that budget cuts have reduced opening of new halfway houses and personnel who would normally help inmates find placement after release. He asked Wickes snd Kronenberger for help from their organization to locate housing..."
This is merely the typicle mumbo-jumbo given by this Parole Board. First, why would old law inmates be treated any differently than those under the new law? Second, why does one class of inmates get priority for housing? Third, I do have housing; somewhere I can be released to. And I'm not even a violent inmate like those referred to by Mr. Imbrogno.
The Parole Board also likes to point out that most of those still serving time under the old law are serving life sentences for violent crimes, and if resentenced today under the new law, and for the same offense, they would still be serving the same sentence. The Parole Board neglects to acknowlege however, that not all of us still in prison under the old law are violent offenders that would be serving the same amount of time if resentenced today. For example, I am currently in prison for burglary, R.C. 2911.12 (A)(1). If I were resentenced today for this same offense I could not serve more than 8 years in prison. I have more than that in prison now. How is this "Truth in Sentencing?" How is it not unconstitutional?
In 1995, when Senate Bill 2 was introduced to be signed into law, it was meant to be made retroactive, affecting all criminal defendants. However, because the Senate was troubled by problems the State of Florida experienced when releasing hundreds of prisoners at once under its simular bill, which was obviously retroactive, Ohio withdrew the retroactive portion of SB2 before passing it. In doing so it created two entirely different classes of inmates: those fortunate enough to fall under SB2 "Truth in Sentencing," and those of us who were not. This is in fact discrimatory and thus unconstitutional. And though it has been more than 19 years now, it still has not been corrected by any court or the House. The big question is: why?
I've submitted an affidavit to the Columbiana County Court of Common Pleas back in April 2013. The Morning Journal news paper in Lisbon acquired this affidavit and released a story on it. The Columbus Dispatch has also released several reports on the current Parole Board. However, to my knowledge, nobody has reported the whole story; how and why this problem continues without being addressed. This problem doesn't only affect those of us still serving time under the old law, and our families, but all other Ohio citizens as well. I am an unnecessary burden to the tax-payer! Who is benefitting from my incarceration at this time? I have been in prison since December 15, 2005. I am clearly not a danger to anyone! So why are tax-payers being forced to keep me? I think the answer is ridiculously simple: job security for members of the Parole Board!
Just look at the astronomical amount of money being used to simply maintain the fleat of vehicles used by the Parole Board each year. Other states have saved millions of dollars by abolishing their parole boards! They figured out that a parole board does not do a single thing in which the sentencing court cannot do. Why then are the citizens of this state being forced to waste their hard-earned money on something that doesn't work and isn't needed? And if you think for a minute that Gov. Kasich isn't behind this fiscal, you'd be mistaken. He has done questionable favors for some by making them members of his Parole Board. Just ask Shirley Smith for example.
I ask that anyone who gets this, conduct your own investigation and report your findings. Don't do it for me, I'm a nobody who has wasted my life by doing stuff I shouldn't have. Do it for all Ohioans! Do it because it is just the right thing to do! Something has to be done, and until someone with the power and backbone steps up to the plate and
introduces a new bill or otherwise addresses the underlying issues, then the litlle people will go on saying, "Oh well, it is what it is."
I am currently incarcerated at TCI camp. Should you require any further information in this matter, please feel free to contact my brother, Doug Moore at 330-233-1239, or Larry Vagner of Citizens Circle at 216-375-4100.
I hereby affirm under penalty of perjury that the information contained herein to be true and accurate, this 1st day of September, 2015.
Troy Sllen Short
#311-088 TCC
P.O. Box 640
Leavittsburg, OH
44460
PS- There are 4,421 Ohio inmates still inncarserated under the old law. Approximately 20% of those are NOT in for life sentences. 4% all Ohioans are in prison today.

Troy ShortPetition Starter
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Petition created on September 20, 2015
